2005 Nevada Revised Statutes - Chapter 293B — Mechanical Voting Systems

CHAPTER 293B - MECHANICAL VOTING SYSTEMS

GENERAL PROVISIONS

NRS 293B.010 Definitions.

NRS 293B.027 Electionboard defined.

NRS 293B.032 Mechanicalrecording device defined.

NRS 293B.033 Mechanicalvoting system defined.

NRS 293B.050 Authorizationfor use of mechanical voting system.

NRS 293B.053 Applicabilityof chapter to city elections.

NRS 293B.055 Applicabilityof other statutes, charters and ordinances.

NRS 293B.060 Conflictinglaws inapplicable.

REQUIREMENTS

NRS 293B.063 Systemto meet or exceed standards established by Federal Election Commission pursuantto federal law.

NRS 293B.065 Privacyand independence.

NRS 293B.070 Fullchoice of candidates and measures.

NRS 293B.075 Fullchoice of candidates for offices; vote against all candidates.

NRS 293B.080 Straightor split ticket.

NRS 293B.082 Recordof votes cast; record printed on paper.

NRS 293B.084 Requiredfeatures and design of mechanical recording device which directly records voteselectronically; availability and use of paper record for manual audit andrecount.

NRS 293B.085 Severalelective to same offices; effect of overvote.

NRS 293B.090 Preventionof voting more than once.

NRS 293B.095 Measureson which voter is entitled to vote.

NRS 293B.100 Correctregistration or recording of votes.

NRS 293B.103 Detachablestubs on cards; voting receipts.

APPROVAL AND ADOPTION

NRS 293B.104 Secretaryof State not to approve system that does not meet federal standards.

NRS 293B.105 Purchase,adoption and use of mechanical voting system and mechanical recording device bylocal officers; approval of system or device by Secretary of State; change orimprovement of system or device; regulations.

NRS 293B.110 Adoptionof different voting devices for different precincts or districts.

NRS 293B.115 Provisionof mechanical recording devices for polling places; custody when not in use.

NRS 293B.120 Adoptionof mechanical voting system for experimental use in certain precincts.

NRS 293B.122 Purchaseof mechanical recording devices by Secretary of State for lease to counties.

NRS 293B.124 Leaseof mechanical recording devices by counties with option to purchase: Contentsof agreement; deposit of rental payments.

NRS 293B.125 Costof mechanical voting system; payment for system.

COMPUTER PROGRAMS

NRS 293B.130 Requirements.

NRS 293B.135 Filingbefore election; inspection.

TESTING OF EQUIPMENT AND PROGRAMS

NRS 293B.140 Appointmentof accuracy certification board.

NRS 293B.145 Observationof conduct of tests.

NRS 293B.150 Testsrequired before first day of early voting.

NRS 293B.155 Procedurefor conducting tests; inspection of results of test.

NRS 293B.160 Testprogram and card deck to be used for certain mechanical voting systems atelection.

NRS 293B.165 Testsrequired before and after counting of ballots; certification of tests byaccuracy certification board.

NRS 293B.170 Sealingand disposition of programs and ballots.

BALLOTS

NRS 293B.175 Officialballot in mechanical voting system.

NRS 293B.180 Applicabilityof provisions governing mechanical voting systems and paper ballots.

NRS 293B.185 Procedureto be followed if ballot larger than capacity of mechanical recording device.

NRS 293B.190 Primaryelections: Partisan and nonpartisan arrangement of list of candidates andmeasures to be voted on at election.

NRS 293B.195 Sampleballots: Open for inspection.

NRS 293B.200 Sampleballots: Size; instructions for voting.

NRS 293B.205 Sampleballots: Availability at polling place; form.

NRS 293B.210 Clerkto furnish lists of candidates and measures to be voted on at election;Secretary of State to provide to or reimburse county for cards used inelections.

PREPARATION FOR OPENING POLLS

NRS 293B.220 Preparationof mechanical recording devices for use in voting.

NRS 293B.225 Employmentof competent persons by clerk; oaths.

NRS 293B.230 Employmentof qualified persons only.

NRS 293B.235 Dutiesof assistants before opening polls.

NRS 293B.240 Testingof mechanical recording device by clerk.

NRS 293B.245 Examinationof mechanical recording devices by representatives of political parties beforeelection.

NRS 293B.250 Lightin voting booth.

NRS 293B.255 Boothmust conceal mechanical recording device.

NRS 293B.260 Instructionof members of election board before election.

NRS 293B.265 Uninstructedmembers not to serve; exception.

NRS 293B.270 Meetingsfor instruction; duty to attend.

NRS 293B.275 Recordof attendance at instructional meetings: Certification; effect.

NRS 293B.283 Electionboard to ensure ballots previously voted on mechanical voting system notrecorded as voted on that day.

CONDUCT OF VOTING

NRS 293B.285 Visibilityand placement of mechanical recording devices.

NRS 293B.290 Periodicinspection of mechanical recording devices.

NRS 293B.295 Exclusionof voter until right to vote ascertained.

NRS 293B.300 Primaryelections: Issuance of partisan ballot and receipt; directions to voter.

NRS 293B.305 Primaryelections: Issuance of nonpartisan ballot and receipt; alternative directionsto voters.

NRS 293B.310 Primaryelections: Optional manner of voting when party comprises less than 5 percentof voters.

NRS 293B.315 Informationconcerning operation of mechanical recording device to be given to voter beforehe enters booth; subsequent information.

PROCESSING OF BALLOTS

NRS 293B.325 Pickupand delivery; processing before polls close.

NRS 293B.330 Dutiesof election board upon and after closing of polls; public may observe handlingof ballots.

NRS 293B.335 Deliveryof ballots and election materials to receiving center or counting place;disposition of other materials; members of general public allowed to observedelivery.

NRS 293B.340 Intermediatepoint may be designated as receiving center; handling procedures.

NRS 293B.345 Boardrelieved of responsibility after delivery and receipt.

NRS 293B.350 Clerkto supervise operation of central counting place.

NRS 293B.353 Clerkto allow members of general public to observe counting of ballots at centralcounting place; members of general public allowed to photograph or otherwiserecord counting of ballots; request for photograph or recording of counting ofballots.

NRS 293B.354 Clerkto submit plans to Secretary of State for accommodation of members of generalpublic who observe delivery, counting, handling and processing of ballots.

NRS 293B.355 Responsibilityfor proper operation and use of computer or counting device owned or leased byState.

NRS 293B.360 Creationof special election boards; appointment of members to boards.

NRS 293B.365 Dutiesof central ballot inspection board.

NRS 293B.370 Dutiesof absent ballot mailing precinct inspection board.

NRS 293B.375 Dutiesof ballot duplicating board.

NRS 293B.380 Ballotprocessing and packaging board: Composition; duties.

NRS 293B.385 Computerprogram and processing accuracy board: Appointment; duties.

NRS 293B.390 Additionalduties of accuracy certification board.

NRS 293B.400 Paperrecord required in event of recount or contest of election; duty of clerk tocollect and deposit paper records.

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GENERAL PROVISIONS

 

NRS 293B.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS293B.027, 293B.032 and 293B.033 have the meanings ascribed tothem in those sections.

(Added to NRS by 1975, 1522; A 1985, 1098; 1987, 357)

NRS 293B.027 Electionboard defined. Election board means the personsappointed by each county or city clerk to assist in the conduct of an election.

(Added to NRS by 1981, 1742; A 1987, 357)

NRS 293B.032 Mechanicalrecording device defined. Mechanical recordingdevice means a device:

1. Which mechanically or electronically compiles atotal of the number of votes cast for each candidate and for or against eachmeasure voted on; or

2. To which a list of offices and candidates and thestatements of measures to be voted on may be affixed and into which a card maybe inserted so that the votes cast for each candidate and for or against eachmeasure may be indicated by punching the card with reference to the list.

(Added to NRS by 1985, 1098)

NRS 293B.033 Mechanicalvoting system defined. Mechanical votingsystem means a system of voting whereby a voter may cast his vote:

1. On a device which mechanically or electronicallycompiles a total of the number of votes cast for each candidate and for oragainst each measure voted on; or

2. By punching a card or marking a paper ballot whichis subsequently counted on an electronic tabulator, counting device orcomputer.

(Added to NRS by 1985, 1098; A 1995, 2787)

NRS 293B.050 Authorizationfor use of mechanical voting system. At allstatewide, county, city and district elections of any kind held in this State,ballots or votes may be cast, registered, recorded and counted by means of amechanical voting system.

(Added to NRS by 1975, 1522; A 1985, 1099)

NRS 293B.053 Applicabilityof chapter to city elections. The provisionsof this chapter, not inconsistent with the provisions of a city charter, applyto city elections.

(Added to NRS by 1997, 3470)

NRS 293B.055 Applicabilityof other statutes, charters and ordinances. Theprovisions of all state laws relating to elections and of any city charter orordinance not inconsistent with the provisions of this chapter apply to allelections in districts or precincts where mechanical voting systems are usedand to all elections where ballots are counted at a central counting place.

(Added to NRS by 1975, 1522; A 1985, 1099)

NRS 293B.060 Conflictinglaws inapplicable. Any provision of an ordinancewhich conflicts with the provisions of this chapter does not apply to the districtsor precincts in which mechanical voting systems are used, nor to conduct at acentral counting place. All ordinances in conflict with any of the provisionsof this chapter are of no force or effect in election districts or precinctswhere mechanical voting systems are used, nor with respect to conduct at acentral counting place.

(Added to NRS by 1975, 1523; A 1985, 1099)

REQUIREMENTS

 

NRS 293B.063 Systemto meet or exceed standards established by Federal Election Commission pursuantto federal law. No mechanical voting system may be used in this Stateunless it meets or exceeds the standards for voting systems established by theFederal Election Commission pursuant to federal law.

(Added to NRS by 1993, 2199; A 2003, 2186; 2005, 1438)

NRS 293B.065 Privacyand independence. A mechanical voting systemmust secure to the voter privacy and independence in the act of voting.

(Added to NRS by 1975, 1523; A 1985, 1099; 2003, 2187)

NRS 293B.070 Fullchoice of candidates and measures. Amechanical voting system must provide facilities for voting for the candidatesof as many political parties or organizations as may make nominations, and foror against measures.

(Added to NRS by 1975, 1523; A 1985, 1099)

NRS 293B.075 Fullchoice of candidates for offices; vote against all candidates. A mechanical voting system must permit the voter to votefor any person for any office for which he has the right to vote, but noneother, or indicate a vote against all candidates.

(Added to NRS by 1975, 1523; A 1985, 1099)

NRS 293B.080 Straightor split ticket. A mechanical voting systemmust, except at primary elections, permit the voter to vote for all thecandidates of one party or in part for the candidates of one party and in partfor the candidates of one or more other parties.

(Added to NRS by 1975, 1523; A 1985, 1099; 1995,2632)

NRS 293B.082 Recordof votes cast; record printed on paper. Each mechanicalvoting system must provide a record of the votes cast on that system. Therecord must be printed on paper.

(Added to NRS by 1995, 2785)

NRS 293B.084 Requiredfeatures and design of mechanical recording device which directly records voteselectronically; availability and use of paper record for manual audit andrecount.

1. A mechanical recording device which directlyrecords votes electronically must:

(a) Bear a number which identifies that mechanicalrecording device.

(b) Be equipped with a storage device which:

(1) Stores the ballots voted on the mechanicalrecording device;

(2) Can be removed from the mechanical recordingdevice for the purpose of transporting the ballots stored therein to a centralcounting place; and

(3) Bears the same number as the mechanicalrecording device.

(c) Be designed in such a manner that voted ballots maybe stored within the mechanical recording device and the storage devicerequired pursuant to paragraph (b) at the same time.

(d) Be capable of providing a record printed on paperof:

(1) Each ballot voted on the mechanicalrecording device; and

(2) The total number of votes recorded on themechanical recording device for each candidate and for or against each measure.

2. The paper record described in paragraph (d) ofsubsection 1 must:

(a) Be printed and made available for a manual audit,as necessary; and

(b) Be printed and serve as an official record for arecount, as necessary.

(Added to NRS by 1995, 2786; A 2003, 1657, 2187, 3516)

NRS 293B.085 Severalelective to same offices; effect of overvote. Amechanical voting system must permit the voter to vote for as many persons foran office as he is lawfully entitled to vote for, but no more. If a voter castsmore votes for an office than he is lawfully entitled, the counting device orelectronic computer must be programmed so that those votes are not counted. Theremainder of the voters ballot must be counted if it is otherwise lawfullyvoted.

(Added to NRS by 1975, 1523; A 1985, 1099)

NRS 293B.090 Preventionof voting more than once. A mechanical votingsystem must prevent the voter from voting for the same person more than oncefor the same office.

(Added to NRS by 1975, 1523; A 1985, 1100)

NRS 293B.095 Measureson which voter is entitled to vote. Amechanical voting system must permit the voter to vote for or against anymeasure he may have the right to vote on, but none other.

(Added to NRS by 1975, 1523; A 1985, 1100)

NRS 293B.100 Correctregistration or recording of votes. Amechanical recording device must correctly register or record, on the votersballot, all votes cast for any and all persons and for or against any and allmeasures.

(Added to NRS by 1975, 1523; A 1985, 1100)

NRS 293B.103 Detachablestubs on cards; voting receipts.

1. If a mechanical voting system is used whereby votesare cast by punching a card:

(a) The cards to be used must have two detachablestubs.

(b) Each of the stubs attached to a particular cardmust bear the number of that card.

(c) One of the stubs must be detached and given to thevoter when he returns his voted ballot, and the other stub must be retained bythe election board.

2. If a mechanical voting system is used whereby votesare directly recorded electronically:

(a) A voting receipt which has two parts must be used.

(b) Each part of the voting receipt must bear the samenumber for identification.

(c) One part of the voting receipt must be given to thevoter when he votes and the other part of the voting receipt must be retainedby the election board.

(Added to NRS by 1983, 1289; A 1985, 1100; 1995,2787)

APPROVAL AND ADOPTION

NRS 293B.104 Secretaryof State not to approve system that does not meet federal standards. The Secretary of State shall not approve any mechanicalvoting system which does not meet or exceed the standards for voting systemsestablished by the Federal Election Commission pursuant to federal law.

(Added to NRS by 1993, 2198; A 2005, 1438)

NRS 293B.105 Purchase,adoption and use of mechanical voting system and mechanical recording device bylocal officers; approval of system or device by Secretary of State; change orimprovement of system or device; regulations.

1. The board of county commissioners of any county orthe city council or other governing body of any city may purchase and adopt foruse at elections any mechanical voting system and mechanical recording deviceif the system or device is:

(a) Approved by the Secretary of State pursuant to subsection2; or

(b) Specifically authorized by law.

The systemor device may be used at any or all elections held in the county or city, forvoting, registering and counting votes cast.

2. A person who owns or has an interest in amechanical voting system or mechanical recording device may submit anapplication to the Secretary of State to have the system or device examined forapproval for use during the elections of this State. The Secretary of Stateshall approve or disapprove the use of such a system or device not later than120 days after the application is submitted.

3. As a condition to approval, the person shall havethe system or device independently examined by a person approved by theSecretary of State. The examiner shall:

(a) Review and analyze any electronic or computerizedfeatures of the system or device; and

(b) Prepare a report of the results of the examinationfor the Secretary of State which includes a statement of his opinion regardingthe feasibility of using such a system or device during the elections of thisState with consideration for the safe and proper operation of the system ordevice under the conditions prescribed by the applicable election laws.

4. Any cost for the independent examination of asystem or device must be paid by the person who submits an application to havethe system or device approved by the Secretary of State.

5. The Secretary of State shall approve a mechanicalvoting system or mechanical recording device for use during the elections ofthis State if:

(a) The report prepared pursuant to subsection 3 statesthat the system or device can be used safely and properly in this State; and

(b) He determines after he independently examines thesystem or device that it can be used safely and properly in this State.

6. Before a city or county may change or improve asystem or device that has been approved by the Secretary of State, it mustobtain approval from the Secretary of State. If any change or improvement doesnot comply with the requirements of this section, the Secretary of State shallnot approve the use or sale of any system or device that incorporates thechange or improvement in this State.

7. The Secretary of State may reexamine a system ordevice or any part thereof at any time for the purpose of approving a change orimprovement or to ensure that the system or device continues to comply with theelection laws of this State.

8. The Secretary of State and any examiner of a systemor device must not have any pecuniary interest in the system or deviceexamined.

9. The Secretary of State may establish regulations tocarry out the provisions of this section.

(Added to NRS by 1975, 1523; A 1985, 1100; 1995,2787)

NRS 293B.110 Adoptionof different voting devices for different precincts or districts. A mechanical voting system may be adopted for some of theprecincts or districts in the same county or city, while the remainder of theprecincts or districts in that county or city may be furnished with paperballots or any other mechanical voting system.

(Added to NRS by 1975, 1523; A 1977, 247; 1985, 1100;1995, 2788)

NRS 293B.115 Provisionof mechanical recording devices for polling places; custody when not in use. The board of county commissioners, city council or othergoverning body which adopts a mechanical voting system, as soon as practicableafter adopting it, shall provide for each polling place one or more mechanicalrecording devices in complete working order. When the devices are not in use atan election, the board, council or governing body shall take custody of themand of the furniture and equipment of the polling place.

(Added to NRS by 1975, 1524; A 1985, 1100)

NRS 293B.120 Adoptionof mechanical voting system for experimental use in certain precincts. The board of county commissioners of any county or thecity council or other governing body of any city, without formally adopting amechanical voting system which it might lawfully adopt, may provide for itsexperimental use at an election in one or more precincts. Its use at theelection is as valid for all purposes as if it were lawfully adopted.

(Added to NRS by 1975, 1524; A 1985, 1100)

NRS 293B.122 Purchaseof mechanical recording devices by Secretary of State for lease to counties.

1. The Secretary of State may purchase mechanicalrecording devices and lease them to counties, giving priority to those countiesstill using paper ballots.

2. The Secretary of State may pay for such devicespurchased by him out of any money specifically appropriated for that purpose bythe Legislature.

(Added to NRS by 1979, 497; A 1985, 1101)

NRS 293B.124 Leaseof mechanical recording devices by counties with option to purchase: Contentsof agreement; deposit of rental payments.

1. The Secretary of State and each participatingcounty shall enter a written agreement designated as Lease of Equipment withOption to Purchase. Each agreement must provide in substance:

(a) That the systems particularly described in theagreement are leased by the State, as lessor, to the county, as lessee, for aterm of 2 years from the date of the agreement, with an exclusive option in thelessee to extend the term for like periods of 2 years at a time, for an agreedmaximum term not exceeding 20 years after the date of the agreement.

(b) That the lessee will maintain and insure thesystems for the original term and each succeeding agreed term.

(c) That the aggregate of rental payments provided forunder the maximum term of the lease agreement must equal the aggregate of thepurchase price of the mechanical recording devices covered by the agreement,together with all interest, shipping, installation and other costs paid oragreed to be paid by the State. Upon payment of the latter aggregate sum by anylessee to the State, the State shall forthwith convey to that lessee legaltitle to the systems covered by the paid agreement.

2. The Secretary of State shall promptly transmit allrental payments received by him under all such agreements to the State GeneralFund.

(Added to NRS by 1979, 497; A 1987, 713)

NRS 293B.125 Costof mechanical voting system; payment for system.

1. The cost of a mechanical voting system is a chargeupon the county or city adopting it.

2. The board of county commissioners or city councilor other governing body of any city may provide for the payment of the costs ofsuch a voting system in such manner and by such method as they consider in thebest local interests, and also may for that purpose issue bonds, certificatesof indebtedness, or other obligations which are a charge on the county or city.The bonds, certificates or other obligations may be issued with or withoutinterest, payable at such time as the authorities may determine, but may not beissued or sold at less than par.

(Added to NRS by 1975, 1524; A 1985, 1101)

COMPUTER PROGRAMS

NRS 293B.130 Requirements.

1. Before any election where a mechanicalvoting system is to be used, the county clerk shall prepare or cause to beprepared a computer program on cards, tape or other material suitable for usewith the computer or counting device to be employed for counting the votescast. The program must cause the computer or counting device to operate in thefollowing manner:

(a) All lawful votes cast by each voter must becounted.

(b) All unlawful votes, including, but not limited to,overvotes or, in a primary election, votes cast for a candidate of a majorpolitical party other than the party, if any, of the registration of the votermust not be counted.

(c) If the election is:

(1) A primary election held in an even-numberedyear; or

(2) A general election,

the totalvotes, other than absentee votes and votes in a mailing precinct, must beaccumulated by precinct.

(d) The computer or counting device must halt orindicate by appropriate signal if a ballot is encountered which lacks a codeidentifying the precinct in which it was voted and, in a primary election,identifying the major political party of the voter.

2. The program must be prepared under the supervisionof the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.

3. The county clerk shall take such measures as hedeems necessary to protect the program from being altered or damaged.

(Added to NRS by 1975, 1525; A 1979, 1304; 1985,1101; 1987, 357; 1989, 229; 1993, 2199; 1995, 2632; 1997, 1608, 3470; 1999, 679)

NRS 293B.135 Filingbefore election; inspection.

1. A copy of each election computer program certifiedby the accuracy certification board for an election in the State must be filedwith the Secretary of State at least 1 week before the election. Copies of anysubsequent alterations in the program must be filed in the same manner beforethe election.

2. The copies of the programs filed pursuant tosubsection 1 are not public records and are not available for inspection by thepublic.

3. A copy of a program may be inspected:

(a) By the judge, body or board before whom an electionis being contested;

(b) Jointly by the parties to the contest if ordered bythe judge, body or board; or

(c) By any other person who is authorized by a court ofcompetent jurisdiction.

(Added to NRS by 1975, 1523; A 1989, 2171)

TESTING OF EQUIPMENT AND PROGRAMS

NRS 293B.140 Appointmentof accuracy certification board. Before conductingthe test required pursuant to the provisions of NRS 293B.150, the county or city clerkshall appoint three persons, not more than two of whom are of the samepolitical party, to serve as an accuracy certification board. Not more than twoof the persons appointed to the board may be employees of the county or city.

(Added to NRS by 1975, 1525; A 1987, 357; 1993, 2199)

NRS 293B.145 Observationof conduct of tests.

1. The accuracy certification board shall observe theconduct of the tests prescribed by NRS293B.150 and 293B.165.

2. Representatives of the various political parties,candidates and the press may also observe the conduct of such tests.

(Added to NRS by 1975, 1526)

NRS 293B.150 Testsrequired before first day of early voting. Notearlier than 2 weeks before and not later than 5 p.m. on the day before thefirst day of early voting, the county or city clerk shall test:

1. The mechanical recording device which directlyrecords votes electronically, if any; or

2. The automatic tabulating equipment and programs, ifany,

to ascertainthat the device or equipment and programs will correctly count the votes castfor all offices and on all measures.

(Added to NRS by 1975, 1526; A 1987, 357; 1997, 2786;1999, 3554)

NRS 293B.155 Procedurefor conducting tests; inspection of results of test.

1. The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processinga preaudited group of logic and accuracy test ballots so punched, voted ormarked as to record a predetermined number of valid votes for each candidateand on each measure, and must include for each office one or more ballots whichhave votes in excess of the number allowed by law in order to test the abilityof the mechanical recording device or the automatic tabulating equipment andprograms to reject those votes.

2. If any error is detected, the cause therefor mustbe ascertained and corrected and an errorless count must be made before themechanical recording device or the automatic tabulating equipment and programsare approved.

3. When satisfied with the accuracy of the mechanicalrecording device or automatic tabulating equipment and computer program, theaccuracy certification board and the county or city clerk shall date and signall reports, and seal the program, if any, and the reports and all testmaterial in an appropriate container. The container must be kept sealed by theclerk.

4. Except as otherwise provided in this subsection,the contents of such a sealed container are not subject to the inspection ofanyone except in the case of a contested election, and then only by the judge,body or board before whom the election is being contested, or by the parties tothe contest, jointly, pursuant to an order of that judge, body or board. Forthe period set forth in NRS 293.413during which a candidate may file a statement of contest, the results of thetest must be made available in the clerks office for public inspection.

(Added to NRS by 1975, 1526; A 1981, 1743; 1987, 358;1989, 2171; 1995, 2788; 1999, 3554)

NRS 293B.160 Testprogram and card deck to be used for certain mechanical voting systems atelection. If a mechanical voting system isused whereby votes are cast by punching a card, the computer program and theprogram card deck used for the test prescribed by NRS 293B.150 must be used to count thoseballots which were voted by punching a card for the election.

(Added to NRS by 1975, 1526; A 1995, 2789)

NRS 293B.165 Testsrequired before and after counting of ballots; certification of tests byaccuracy certification board.

1. A test conducted in the manner prescribed insubsections 1 and 2 of NRS 293B.155must be conducted immediately before the start of the official count of theballots and again within 24 hours after the official count of the ballots.

2. Such tests must be certified by the accuracycertification board.

(Added to NRS by 1975, 1526; A 2003, 1658)

NRS 293B.170 Sealingand disposition of programs and ballots. Afterthe completion of the last logic and accuracy test, the programs used, if any,and the logic and accuracy test ballots and the official ballots shall besealed, retained and disposed of in the manner provided in NRS 293.391 for other ballots.

(Added to NRS by 1975, 1526; A 1999, 3555)

BALLOTS

NRS 293B.175 Officialballot in mechanical voting system. In thosedistricts or precincts in which a mechanical voting system is used, the list ofoffices and candidates and the statements of measures appropriate for use withthat system in combination with the device upon which a vote is registered isan official ballot.

(Added to NRS by 1975, 1524; A 1985, 1101)

NRS 293B.180 Applicabilityof provisions governing mechanical voting systems and paper ballots. The laws relating to mechanical voting systems and paperballots generally, so far as applicable, apply respectively to that part votedupon mechanical recording devices and that part voted upon paper.

(Added to NRS by 1975, 1524; A 1985, 1102)

NRS 293B.185 Procedureto be followed if ballot larger than capacity of mechanical recording device. If the ballot is larger than the mechanical recordingdevice can accommodate, the county or city clerk may place it upon more thanone device or place part of it upon the recording device and the remainder uponpaper.

(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 358)

NRS 293B.190 Primaryelections: Partisan and nonpartisan arrangement of list of candidates andmeasures to be voted on at election. When usedin primary elections, the list of offices and candidates and the statements ofmeasures to be voted on for each mechanical recording device, except thosedevices intended solely for nonpartisan voters, must be so arranged that itcontains a page or pages setting forth the ballot of one major political partyonly, followed by a page or pages setting forth the nonpartisan ballot and sothat the voter may cast his partisan and nonpartisan votes on a single ballotbut may not cast his partisan votes for a candidate of another major politicalparty.

(Added to NRS by 1975, 1524; A 1985, 1102; 1989, 229)

NRS 293B.195 Sampleballots: Open for inspection. The sampleballots of mechanical voting systems must be open to public inspection at thepolling place during the election day.

(Added to NRS by 1975, 1524; A 1985, 1102)

NRS 293B.200 Sampleballots: Size; instructions for voting. Thesample ballots must be in full or reduced size and contain suitable illustrateddirections for voting on the mechanical recording device.

(Added to NRS by 1975, 1524; A 1985, 1102)

NRS 293B.205 Sampleballots: Availability at polling place; form. Theofficers charged with the duty of providing ballots for any polling place shallprovide the polling place with two sample ballots, which must be arranged inthe form of:

1. A booklet or full sheet of paper printed to displaya facsimile of the page or several pages which constitute the list of officesand candidates and the statements of measures to be voted on which will be inuse at that election; or

2. A diagram showing that part of the face of themechanical recording device which will be used at that election containing thelist of offices and candidates and the statements of measures to be voted on.

(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 111;1989, 399; 1997, 765)

NRS 293B.210 Clerkto furnish lists of candidates and measures to be voted on at election;Secretary of State to provide to or reimburse county for cards used inelections.

1. If a mechanical voting system is used whereby avote is cast by punching a card, the county or city clerk shall furnishsufficient lists of offices and candidates and the statements of measures to bevoted on for the mechanical recording devices used at any election.

2. The Secretary of State shall provide to orreimburse each county for all cards used in each primary or general election.Any reimbursement must be paid from the Reserve for Statutory ContingencyAccount upon recommendation by the Secretary of State and approval by the StateBoard of Examiners.

(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 112,358; 1991, 1761; 1995, 2632)

PREPARATION FOR OPENING POLLS

 

NRS 293B.220 Preparationof mechanical recording devices for use in voting. Thecounty or city clerk shall place the proper lists of offices and candidates andthe statements of measures to be voted on on the mechanical recording devices,corresponding with the sample ballots provided for in this chapter, and shallput the devices in order, ready for use in voting.

(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)

NRS 293B.225 Employmentof competent persons by clerk; oaths. Toprepare the mechanical recording device for an election, the county or cityclerk shall employ competent persons who must be sworn to perform their dutieshonestly and faithfully.

(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)

NRS 293B.230 Employmentof qualified persons only. The county or cityclerk shall not appoint any person to prepare any mechanical recording devicefor an election unless he is fully qualified to perform his duties inconnection with the complete preparation of the devices for the election and theinstruction of the election officers and voters.

(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)

NRS 293B.235 Dutiesof assistants before opening polls. Theassistants referred to in NRS 293B.225and 293B.230 shall, under thedirection of the county or city clerk, prepare the mechanical recording devicesfor the election and provide for the delivery of the devices to the pollingplaces of the election district in which the election is to be held, or to thecustody of the chairman of the election board, together with all furniture andappliances necessary for the proper conduct of the election.

(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)

NRS 293B.240 Testingof mechanical recording device by clerk. In preparinga mechanical recording device for an election, the county or city clerk shall,according to the printed directions furnished, thoroughly test the device andarrange it so that it will in every particular meet with the requirements forvoting and counting at the election.

(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)

NRS 293B.245 Examinationof mechanical recording devices by representatives of political parties beforeelection. Before preparing mechanicalrecording devices for any election, the county clerk shall mail written noticesto the chairmen of the county central committees of at least two of theprincipal political parties, stating the time and place where the devices willbe prepared. At the specified time, one representative of each such politicalparty must be afforded an opportunity to see that the devices are in propercondition for use in the election. The representatives shall not interfere withthe persons assigned to prepare the devices or assume any of their duties.

(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)

NRS 293B.250 Lightin voting booth. If the voting booth in whicha mechanical recording device is to be installed is not equipped with a light,the county or city clerk may provide a light and direct that it be affixed tothe booth or to the device.

(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)

NRS 293B.255 Boothmust conceal mechanical recording device. Thebooth in which a mechanical recording device is installed must be soconstructed that the rear and sides of the booth in combination with the personof the voter hide the device from the view of persons other than the voter.

(Added to NRS by 1975, 1527; A 1985, 1104)

NRS 293B.260 Instructionof members of election board before election. Withina reasonable time before each election, the county or city clerk shall instructthe members of the election board in the use of the mechanical voting systemand in their duties in connection therewith.

(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)

NRS 293B.265 Uninstructedmembers not to serve; exception.

1. A member of an election board shall not serve inany election at which a mechanical voting system is used unless he has receivedinstruction and is fully qualified to perform his duties in connection with thesystem.

2. NRS 293B.220to 293B.283, inclusive, do not preventthe appointment and service of a member of an election board to fill a vacancyin an emergency.

(Added to NRS by 1975, 1527, 1528; A 1985, 1104; 2003, 1658)

NRS 293B.270 Meetingsfor instruction; duty to attend. To giveinstruction in the mechanical voting system, the county or city clerk shallcall any meeting of the election board which may be necessary. The members ofthe election board of each election precinct in which such a voting system isused shall attend any meeting called for the purpose of receiving instructionconcerning their duties and necessary for the proper conduct of the election.

(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)

NRS 293B.275 Recordof attendance at instructional meetings: Certification; effect. The county or city clerk shall keep a record of attendanceof those election officers receiving instruction in their duties in connectionwith the mechanical voting system. The clerk shall certify that the record is alist of election officers who have been instructed pursuant to NRS 293B.260. The list, when socertified, is prima facie evidence that the election officers have beenproperly instructed in their duties.

(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)

NRS 293B.283 Electionboard to ensure ballots previously voted on mechanical voting system notrecorded as voted on that day. At each pollingplace where a mechanical voting system is used whereby votes are directlyrecorded electronically, the election board shall, before the polls are openfor the election, ensure that each mechanical recording device will notregister any ballots which were previously voted on the device as having beenvoted on that day.

(Added to NRS by 1995, 2786)

CONDUCT OF VOTING

 

NRS 293B.285 Visibilityand placement of mechanical recording devices. Theopen part of the booth containing the mechanical recording device and everypart of the polling place must be in plain view of the election officers andwatchers. The booth must be placed at least 4 feet from the poll clerks table.

(Added to NRS by 1975, 1528; A 1985, 1105)

NRS 293B.290 Periodicinspection of mechanical recording devices. Theelection officers shall inspect each mechanical recording device periodicallyduring the day to see that the list of offices and candidates and the statementsof measures to be voted on is intact, and that the device is otherwise in goodworking order.

(Added to NRS by 1975, 1528; A 1985, 1105)

NRS 293B.295 Exclusionof voter until right to vote ascertained. Afterthe opening of the polls, a member of the election board shall not issue anyvoter a ballot nor allow him to enter the booth until they ascertain that he isentitled to vote.

(Added to NRS by 1975, 1528; A 1985, 1105)

NRS 293B.300 Primaryelections: Issuance of partisan ballot and receipt; directions to voter.

1. In a primary election, a member of the electionboard for a precinct shall issue each partisan voter a ballot which contains adistinctive code associated with the major political party of the voter and onwhich is clearly printed the name of the party.

2. If a mechanical voting system is used in a primaryelection whereby votes are directly recorded electronically, a member of theelection board shall, in addition to the ballot described in subsection 1,issue each partisan voter a voting receipt on which is clearly printed the nameof the major political party of the voter.

3. The member of the election board shall direct thepartisan voter to a mechanical recording device containing the list of officesand candidates arranged for the voters major political party in the mannerprovided in NRS 293B.190.

(Added to NRS by 1975, 1525; A 1985, 1105; 1989, 229;1995, 2789; 1997, 2786)

NRS 293B.305 Primaryelections: Issuance of nonpartisan ballot and receipt; alternative directionsto voters. Unless a major political partyallows a nonpartisan voter to vote for its candidates:

1. In a primary election, a member of the electionboard for a precinct shall issue each nonpartisan voter a ballot with adistinctive code and printed designation identifying it as a nonpartisanballot.

2. If a mechanical voting system is used in a primaryelection whereby votes are directly recorded electronically, a member of theelection board shall, in addition to the ballot described in subsection 1,issue the nonpartisan voter a voting receipt with a printed designationidentifying it as a nonpartisan ballot.

3. The member of the election board shall:

(a) Direct the nonpartisan voter to a mechanicalrecording device containing a list of offices and candidates setting forth onlythe nonpartisan ballot;

(b) Direct the nonpartisan voter to a mechanicalrecording device containing a list of offices and candidates arranged for apartisan ballot, instruct the voter to vote only the nonpartisan section of thelist and advise the voter that any votes he may cast in the partisan sectionwill not be counted; or

(c) Issue a nonpartisan ballot attached to a sheet offoam plastic or similar backing material, a punching instrument, a samplenonpartisan ballot and an instruction sheet to the nonpartisan voter andinstruct him to punch his ballot by reference to the sample ballot.

(Added to NRS by 1975, 1525; A 1985, 1105; 1987, 360,1373; 1989, 230; 1995, 2789; 1997, 2787)

NRS 293B.310 Primaryelections: Optional manner of voting when party comprises less than 5 percentof voters. In a primary election, the countyclerk may require those partisan voters in a precinct or district whosepolitical parties each comprise less than 5 percent of the registered votersfor that precinct or district to vote in the manner prescribed for nonpartisanvoters in NRS 293B.305.

(Added to NRS by 1975, 1525; A 1987, 360)

NRS 293B.315 Informationconcerning operation of mechanical recording device to be given to voter beforehe enters booth; subsequent information. Beforeeach voter enters the voting booth, a member of the election board shall, sofar as possible, inform him how to operate the mechanical recording device andillustrate its operation upon the demonstration model of the device. If anyvoter, after entering the voting booth, asks for information, a member of theelection board shall give him the necessary information.

(Added to NRS by 1975, 1528; A 1985, 1106)

PROCESSING OF BALLOTS

 

NRS 293B.325 Pickupand delivery; processing before polls close. Thecounty clerk may order deputized officers to pick up all voted ballots from anyor all of the precincts or districts after the polls have been opened for 5hours. At least two such officers who are not members of the same politicalparty shall deliver any ballots which are picked up early to the centralcounting place. The various boards operating the central counting place maybegin to process those ballots upon receipt, but no reports may be printed bythe counting device or computer until the polls have closed. Any ballots whichare picked up early must be transported to the central counting place in themanner prescribed in NRS 293B.335.

(Added to NRS by 1975, 1531; A 1985, 1106; 1987, 360;1995, 2790)

NRS 293B.330 Dutiesof election board upon and after closing of polls; public may observe handlingof ballots.

1. Upon closing of the polls, the election boardshall:

(a) Secure all mechanical recording devices againstfurther voting.

(b) If a mechanical voting system is used whereby votesare cast by punching a card:

(1) Count the number of ballots in the ballotboxes.

(2) Account for all ballots on the statement ofballots.

(3) Place all official ballots, the ballotstatement and any other records, reports and materials as directed by thecounty clerk into the container provided by him to transport those items to acentral counting place and seal the container.

(c) If a mechanical voting system is used whereby votesare directly recorded electronically:

(1) Ensure that each mechanical recordingdevice:

(I) Provides a record printed on paper ofthe total number of votes recorded on the device for each candidate and for oragainst each measure; and

(II) Transfers the ballots voted on thatdevice to the storage device required pursuant to NRS 293B.084.

(2) Count the number of ballots voted at thepolling place.

(3) Account for all ballots on the statement ofballots.

(4) Place all records printed on paper providedby the mechanical recording devices, all storage devices which store theballots voted on the mechanical recording devices, and any other records,reports and materials as directed by the county clerk into the containerprovided by him to transport those items to a central counting place and sealthe container.

(d) Record the number of voters on a form provided bythe county clerk.

2. If a difference exists between the number of votersand the number of ballots voted, the election board shall report the differenceand any known reasons for the difference, in writing, to the county clerk.

3. After closing the polls, the election board shall:

(a) Compare the quantity of the supplies furnished bythe county clerk with the inventory of those supplies; and

(b) Note any shortages.

4. The county clerk shall allow members of the generalpublic to observe the handling of the ballots pursuant to subsection 1 if thosemembers do not interfere with the handling of the ballots.

(Added to NRS by 1975, 1528; A 1985, 1106; 1987, 360;1991, 2226; 1995, 2790; 1997, 3470; 2001, 1951)

NRS 293B.335 Deliveryof ballots and election materials to receiving center or counting place;disposition of other materials; members of general public allowed to observedelivery.

1. The chairman and at least one other member of theelection board shall deliver the sealed container to a receiving center or tothe central counting place, as directed by the county clerk. If practicable,the other board member must be of a different political party than thechairman.

2. The chairman shall provide for the transportationor other disposition of all other supplies and election materials as directedby the county clerk.

3. Any member of the general public may observe thedelivery of a sealed container to a receiving center or to the central countingplace if he does not interfere with the delivery of the sealed container.

(Added to NRS by 1975, 1528; A 1987, 360; 1995, 2790;1997, 3471)

NRS 293B.340 Intermediatepoint may be designated as receiving center; handling procedures. The county or city clerk may provide that an intermediatepoint other than the central counting place be designated as a receiving centerfor ballots in transit. In that case, he shall appoint officers to inspectseals, issue receipts, maintain logs and effect the final transportation ofballots to the central counting place.

(Added to NRS by 1975, 1528; A 1987, 361)

NRS 293B.345 Boardrelieved of responsibility after delivery and receipt.The election board has no further responsibility for the care, custody,security, tabulation or counting of ballots after the official ballots havebeen delivered to a receiving center or to the central counting place and areceipt has been issued for such ballots.

(Added to NRS by 1975, 1528)

NRS 293B.350 Clerkto supervise operation of central counting place. Thecounty or city clerk shall supervise the operation of the central countingplace.

(Added to NRS by 1975, 1528; A 1987, 361)

NRS 293B.353 Clerkto allow members of general public to observe counting of ballots at centralcounting place; members of general public allowed to photograph or otherwiserecord counting of ballots; request for photograph or recording of counting ofballots.

1. The county or city clerk shall allow members of thegeneral public to observe the counting of the ballots at the central countingplace if those members do not interfere with the counting of the ballots.

2. The county or city clerk may photograph or recordor cause to be photographed or recorded on audiotape or any other means ofsound or video reproduction the counting of the ballots at the central countingplace.

3. A registered voter may submit a written request tothe county or city clerk for any photograph or recording of the counting of theballots prepared pursuant to subsection 2. The county or city clerk shall, uponreceipt of the request, provide the photograph or recording to the registeredvoter at no charge.

(Added to NRS by 1995, 2785)

NRS 293B.354 Clerkto submit plans to Secretary of State for accommodation of members of generalpublic who observe delivery, counting, handling and processing of ballots.

1. The county clerk shall, not later than June 15 ofeach year in which a general election is held, submit to the Secretary of Statefor his approval a written plan for the accommodation of members of the generalpublic who observe the delivery, counting, handling and processing of ballotsat a polling place, receiving center or central counting place.

2. The city clerk shall, not later than January 1 ofeach year in which a general city election is held, submit to the Secretary ofState for his approval a written plan for the accommodation of members of thegeneral public who observe the delivery, counting, handling and processing ofthe ballots at a polling place, receiving center or central counting place.

3. Each plan must include:

(a) The location of the central counting place and ofeach polling place and receiving center;

(b) A procedure for the establishment of areas withineach polling place and receiving center and the central counting place fromwhich members of the general public may observe the activities set forth insubsections 1 and 2;

(c) The requirements concerning the conduct of themembers of the general public who observe the activities set forth insubsections 1 and 2; and

(d) Any other provisions relating to the accommodationof members of the general public who observe the activities set forth insubsections 1 and 2 which the county or city clerk considers appropriate.

(Added to NRS by 1995, 2786; A 2005, 1438)

NRS 293B.355 Responsibilityfor proper operation and use of computer or counting device owned or leased byState. When a computer or counting deviceowned or leased by the State of Nevada is used to count ballots, the county orcity clerk and computer facility manager shall determine that such use complieswith the provisions of this chapter. The clerk shall exercise his authority ina manner consistent with established procedures for the operation and use ofthe computer, so far as is practicable.

(Added to NRS by 1975, 1529; A 1987, 361)

NRS 293B.360 Creationof special election boards; appointment of members to boards.

1. To facilitate the processing and computation ofvotes cast at any election conducted under a mechanical voting system, thecounty clerk shall create a computer program and processing accuracy board, andmay create:

(a) A central ballot inspection board;

(b) An absent ballot mailing precinct inspection board;

(c) A ballot duplicating board;

(d) A ballot processing and packaging board; and

(e) Such additional boards or appoint such officers ashe deems necessary for the expeditious processing of ballots.

2. Except as otherwise provided in subsection 3, thecounty clerk may determine the number of members to constitute any board. Heshall make any appointments from among competent persons who are registeredvoters in this State. The members of each board must represent all politicalparties as equally as possible. The same person may be appointed to more thanone board but must meet the particular qualifications for each board to whichhe is appointed.

3. If the county clerk creates a ballot duplicatingboard, the county clerk shall appoint to the board at least two members. Themembers of the ballot duplicating board must not all be of the same politicalparty.

4. All persons appointed pursuant to this sectionserve at the pleasure of the county clerk.

(Added to NRS by 1975, 1529; A 1981, 1701; 1985,1106; 2001, 2033)

NRS 293B.365 Dutiesof central ballot inspection board. Thecentral ballot inspection board shall:

1. Receive the ballots in sealed containers.

2. Inspect the containers, record the number indicatedon each container and its seal pursuant to NRS293.462 and remove the ballots or storage devices which store the ballotsvoted on mechanical recording devices which directly record votes electronically.

3. Register the numbers of ballots by precinct.

4. Deliver any damaged ballots to the ballotduplicating board, if the ballots were voted by punching a card.

5. Receive duplicates of damaged ballots from theballot duplicating board and place the duplicates with the voted ballots of theappropriate precinct, if the ballots were voted by punching a card.

6. Place each damaged original ballot in a separateenvelope and note on the outside of the envelope the appropriate number of theprecinct, if the ballot was voted by punching a card.

7. Reject any ballot that has been marked in a waythat identifies the voter.

8. Place each rejected ballot in a separate envelopeand note on the outside of the envelope the appropriate number of the precinctand the reason for the boards rejection of the ballot, if the ballot was votedby punching a card.

(Added to NRS by 1975, 1529; A 1985, 1107; 1995,2791)

NRS 293B.370 Dutiesof absent ballot mailing precinct inspection board. Theabsent ballot mailing precinct inspection board shall:

1. Perform functions similar to those of the centralballot inspection board and the ballot duplicating board as those functions areapplicable to absent and mailing ballots.

2. Bundle the empty absentee and mailing returnenvelopes according to ballot type or precinct and deliver the bundles to thecounty clerk.

3. Treat any absentee or mailing envelope found not tocontain a ballot as a rejected ballot and place each such envelope in aseparate larger envelope on which must be written the ballot code or precinctand the reason for the rejection.

(Added to NRS by 1975, 1529; A 1987, 697)

NRS 293B.375 Dutiesof ballot duplicating board. If ballots whichare voted by punching a card are used, the ballot duplicating board shall:

1. Receive damaged ballots, including ballots whichhave been torn, bent or mutilated.

2. Receive cards with incompletely punched chips.

3. Prepare on a distinctly colored, serially numberedballot marked duplicate an exact copy of each damaged ballot.

4. In the case of a card with an incompletely punchedchip:

(a) Remove the incompletely punched chip if:

(1) The chip has at least one corner that isdetached from the card; or

(2) The fibers of paper on at least one edge ofthe chip are broken in a way that permits unimpeded light to be seen throughthe card; or

(b) Duplicate the card without punching the location ofthe incompletely punched chip if:

(1) The chip does not have at least one cornerthat is detached from the card; and

(2) The fibers of paper on no edge of the chipare broken in a way that permits unimpeded light to be seen through the card.

5. Record the serial number of the duplicate ballot onthe damaged original ballot and return the damaged and duplicate ballots to theappropriate ballot inspection board.

6. Hold aside the duplicated ballots for countingafter all other ballots are counted if this procedure is directed by the countyclerk.

(Added to NRS by 1975, 1529; A 1981, 1702; 1985,1107; 1995, 2791; 2001,2034)

NRS 293B.380 Ballotprocessing and packaging board: Composition; duties.

1. The ballot processing and packaging boardmust be composed of persons who are qualified in the use of the data processingequipment to be operated for the voting count.

2. The board shall:

(a) Allow members of the general public to observe thecounting area where the computers are located during the period when ballotsare being processed if those members do not interfere with the processing ofthe ballots.

(b) Receive ballots and maintain groupings of them byprecinct.

(c) Before each counting of the ballots or computer runbegins, validate the testing material with the counting program.

(d) Maintain a log showing the sequence in which theballots of each precinct are processed, as a measure to ensure that the ballotsof all precincts are processed.

(e) After each counting of the ballots, again verifythe testing material with the counting program to substantiate that there hasbeen no substitution or irregularity.

(f) Record an explanation of any irregularity thatoccurs in the processing.

(g) If the election is:

(1) A primary election held in an even-numberedyear; or

(2) A general election,

ensure thata list is compiled indicating the total votes, other than absentee votes andvotes in a mailing precinct, which each candidate accumulated in each precinct.

(h) Collect all returns, programs, testing materials,ballots and other items used in the election at the computer center and packageand deliver the items to the county clerk for sealing and storage.

(Added to NRS by 1975, 1530; A 1979, 1305; 1985,1107; 1995, 2633, 2791; 1997, 668, 671, 1608)

NRS 293B.385 Computerprogram and processing accuracy board: Appointment; duties.

1. The county clerk shall appoint the members of thecomputer program and processing accuracy board no later than 7 days before theelection in which they will serve.

2. The board shall verify that:

(a) Any invalid voting of a ballot will cause it to berejected.

(b) Votes can be counted for each candidate andproposition.

(c) Any overvote for an office or proposition willcause a rejection of the vote for that office or proposition.

(d) Where multiple votes may be cast, the maximumnumber of votes permitted a voter cannot be exceeded without rejecting the votefor that selection, but any undervote will be counted.

(e) Neither a voters omission to vote nor hisirregular vote on any particular office or proposition will prevent the countingof his vote as to any other office or proposition on the ballot.

(Added to NRS by 1975, 1530; A 1981, 1702; 1985,1108)

NRS 293B.390 Additionalduties of accuracy certification board. In additionto the duties prescribed in NRS 293B.145,293B.155, 293B.165 and 293C.615, the accuracy certificationboard shall certify as to whether in their judgment the ballots were accuratelycounted. If they determine an inaccuracy exists, they shall furnish a writtenexplanation for their determination.

(Added to NRS by 1975, 1531; A 1985, 1108; 1997,3471)

NRS 293B.400 Paperrecord required in event of recount or contest of election; duty of clerk tocollect and deposit paper records.

1. Except as otherwise provided in this section, if arecount is demanded pursuant to the provisions of NRS 293.403 or if an election is contestedpursuant to NRS 293.407, the county orcity clerk shall ensure that each mechanical recording device which directlyrecorded votes electronically for the applicable election provides a recordprinted on paper of each ballot voted on that device.

2. In carrying out the requirements of this section,the county or city clerk shall:

(a) Print onlythe records required for the recount or contest; and

(b) Collect those records and deposit them in thevaults of the county clerk pursuant to NRS293.391.

(Added to NRS by 1995, 2786; A 2003, 1658)

 

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