[Rev. 3/27/2014 6:39:53 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R130-13

[NAC-293 Revised Date: 6-12]

CHAPTER 293 - ELECTIONS

GENERAL PROVISIONS

293.010              Definitions.

293.023              Applicability of chapter.

293.025              Submission of complaint concerning violation of provision of title 24 of NRS.

293.040              Notice of judicial, statewide and multicounty district offices to be filled.

293.050              Certified lists of candidates.

293.060              Designation of offices of justice of Supreme Court.

293.071              Publication of constitutional amendments and statewide measures: Request for payment of costs.

293.073  Determination by Secretary of State of names and abbreviations of political parties authorized to appear on ballot.

293.081              Change of manner in which name of candidate appears on ballot.

293.090              Format for ballot questions; preparation and distribution of certain information and forms in minority language.

293.120              Sample ballots: Primary elections.

293.130              Sample ballots: General elections.

293.135              Sample ballots: Omission of notice of availability of ballot in large type.

293.160              Conduct of voting.

293.173              Counting of votes cast by certain challenged voters.

293.177              Use of signature stamp by voter.

293.182              Requirements for individual documents of petitions other than initiative and referendum petitions.

293.1825            Verification of signatures on certain petitions: Determination by Secretary of State of number required; duties of county clerk; completion of certificate.

293.1827  Verification of signatures on certain petitions: Request to remove signature does not necessarily invalidate signature.

293.183              Verification of signatures on certain petitions: Limitation of witnesses.

293.185              Verification of signatures on certain petitions: Discrepancy in address.

293.187              Provision of certain information to persons who are elderly or persons with disabilities: Alternative formats.

293.190              Provision of registration and voting aids; notice of availability of registration aids, voting aids and procedures for voting by absentee ballot.

293.200              Reimbursement for cost of ballots.

VOTING AT POLLS

293.215              Electronic notification to Secretary of State of opening and closing of polls during period for early voting.

293.217              Notification to Secretary of State of opening and closing of polls on election day; approval of plan for opening and closing polls and submitting election results.

293.219              Notification to Secretary of State of voter turnout on election day.

293.220              Preparation of election supplies and equipment for each precinct.

293.225              Procedures regarding election supplies and manner of voting for each polling place.

293.230              Duties of election board before voting.

293.240              Procedures regarding voting; examination of voting booths; notification to county clerk of certain violations.

293.245              Observation of conduct of voting at polling place.

293.247              Determination of when person is waiting to vote at time polls close.

293.250              Procedures after voting.

293.255              Postelection certification audits of VVPATs.

VOTING BY PROVISIONAL BALLOT

293.270              General requirements; voter appearing at incorrect polling place.

293.275              Notification of certain persons of ability to cast provisional ballot.

293.280              Free access system to provide information to voter casting provisional ballot.

VOTING BY ABSENT BALLOT

293.291              Form to request absent ballot; voting at polling place after receipt.

293.295              Request for absent ballot: Verification of voter’s address; notification.

293.305              Delivery of absent ballot by mail.

293.307              Provision of instructions for correction of absent ballot; duplication of corrected ballot.

293.311              Procedures for handling absent voters’ ballots in county with absent ballot central counting board.

293.313              Absent ballot sent by approved electronic transmission: Recording of absent ballot and maintenance of original ballot card.

293.315              Absent ballot sent by facsimile: Contents and form.

293.317              Absent ballot: Receipt; recording; verification of signature.

293.318              Absent ballot: Plan for disposition in case of emergency.

293.319              Absent ballot: Reporting requirements after election.

RETURNS

293.331              Reporting of returns from early voting and absent ballots in combination with regular votes of precinct.

293.335              County abstract: Contents; combining of precincts.

293.341              Mechanized report of abstract.

RECOUNT OF VOTES

293.361              Restrictions on membership of recount board.

293.365              Manner of conducting canvass.

293.371              Designation of observer by Secretary of State; withdrawal of demand.

293.375              Determination and allocation of cost.

REGISTRATION OF VOTERS

293.395              “Official identification” interpreted.

293.405              Registration of person in county where not previously registered.

293.410              Registration by voter registration agency; processing of application for registration.

293.4105            Designation by voter registration agency of employee to ensure compliance with National Voter Registration Act of 1993.

293.411              Assignment of identification numbers to certain persons.

293.412              Inactive voters.

293.414              Person convicted of felony.

293.416              Written challenge; oath or affirmation of challenged person.

293.418              Written challenge: Notice to person challenged.

293.419  Form for application for registration to vote by computer: Contents.

293.420              Paper forms for application for registration to vote in person or by mail: Contents; submission; control number; printing.

293.425              Forms for application for registration: Availability; dissemination by request; request for multiple applications.

293.430              Forms for application for registration: Dissemination at public locations.

293.435              Mailing of application for registration to county clerk.

293.440              Restrictions on alteration of application for registration.

293.445              Submission by county clerk of plan for applications for upcoming year.

293.450              Notice of incomplete application for registration by mail.

STATEWIDE VOTER REGISTRATION LIST

293.454              Establishment and maintenance of computerized database of registered voters.

293.456              Duties of county clerk.

293.458              Electronic transfer of information to Secretary of State; certification; authorized access.

293.462              Verification of information by Secretary of State.

293.464              Comparison to vital statistics records to identify voters indicated as deceased.

293.466              Correction of inaccurate or duplicative information; casting of provisional ballot in certain circumstances.

293.468              Recording of cancelled registration of voter.

293.472              Record of official list of registered voters: Use to determine voter eligibility and validity of any provisional ballots cast; amendments list; preparation of registers, rosters and lists used at polling places.

293.474              Voting history: Format and contents.

293.476              Exclusion of confidential address; indication of request to withhold voter’s address and telephone number.

COMPLAINTS ALLEGING VIOLATION OF TITLE III OF HELP AMERICA VOTE ACT OF 2002

293.500              Definitions.

293.505              “Complainant” defined.

293.510              “Respondent” defined.

293.515              Filing; form; delivery of copy to respondents.

293.520              Review; dismissal and refiling.

293.525              Consolidation; official record.

293.530              Hearing: Request; date; notice; nature.

293.535              Hearing: Hearing officer; procedure.

293.540              Review and determination when no hearing requested.

293.545              Remedial action or dismissal; issuance of final determination.

293.550              Proceedings for alternative dispute resolution.

293.555              Final determination or resolution not subject to appeal.

293.560              Assistance in using procedures.

 

 

GENERAL PROVISIONS

      NAC 293.010  Definitions. (NRS 293.124, 293.675)  As used in this chapter, unless the context otherwise requires:

     1.  “Ballot stock” means the material upon which:

     (a) A ballot is printed; and

     (b) A voter directly indicates his or her vote.

     2.  “Department” means the Department of Motor Vehicles.

     3.  “Results cartridge” means the cartridge of a mechanical recording device which contains the electronically recorded ballots cast during the election and from which the ballots are tabulated.

     4.  “Signature stamp” has the meaning ascribed to it in NRS 427A.755.

     5.  “Statewide voter registration list” has the meaning ascribed to it in NRS 293.111.

     6.  “Voter verifiable paper audit trail printer” or “VVPAT” means the device attached to a mechanical recording device and the paper it prints to record all votes cast by a voter for any and all candidates and for or against any and all measures, enabling that voter to visually verify that the mechanical voting system has accurately recorded the votes of the voter.

     7.  “Voting booth” means any place or compartment used to screen a voter from the observation of others.

     [Sec’y of State, Conduct of Elections Reg. § ABC-1, eff. 2-28-80]—(NAC A 12-16-83; 11-19-87; 3-15-96; R217-97, 5-26-98; R183-01, 5-10-2002; R072-06, 7-14-2006; R018-07, 9-18-2008)

      NAC 293.023  Applicability of chapter. (NRS 293.124)  The provisions of this chapter, not inconsistent with the provisions of chapter 293C of NAC or a city charter, apply to city elections.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)

      NAC 293.025  Submission of complaint concerning violation of provision of title 24 of NRS. (NRS 293.124)  A person who wishes to file a complaint concerning an alleged violation of any provision of title 24 of NRS must:

     1.  Submit the complaint in writing to the Secretary of State; and

     2.  Sign the complaint.

Ê The complaint may include proof of the alleged violation.

     (Added to NAC by Sec’y of State, eff. 3-22-94; A by R217-97, 5-26-98)

      NAC 293.040  Notice of judicial, statewide and multicounty district offices to be filled. (NRS 293.124, 293.247)

     1.  The Secretary of State will, not later than November 15 of the year before the year in which a primary election is held, prepare and send to each county clerk a written notice which designates the judicial, statewide and multicounty district offices for which candidates are to be nominated at the primary election.

     2.  Within 10 days after receipt of a notice required to be sent pursuant to subsection 1, the county clerk shall publish once in a newspaper published in his or her county that portion of the notice which applies to his or her county. If no newspaper is published in his or her county, the publication must be made in any newspaper of general circulation which is published in the nearest county of this State.

     [Sec’y of State, Conduct of Elections Reg. § A-4, eff. 2-28-80]—(NAC A 3-17-92; 3-22-94; 3-15-96; R217-97, 5-26-98; R072-06, 7-14-2006; R163-07, 12-4-2007; R092-09, 10-27-2009)

      NAC 293.050  Certified lists of candidates. (NRS 293.124, 293.247)  Not later than 5 working days after the last day upon which any candidate who has filed a declaration of candidacy or acceptance of candidacy may withdraw the candidacy pursuant to NRS 293.202:

     1.  Each county clerk shall send to the Secretary of State a list certified by him or her that contains the name and mailing address of each candidate for a county, district or township office who has filed a declaration of candidacy or acceptance of candidacy with him or her.

     2.  The Secretary of State will send to each county clerk a list certified by him or her that contains the name and mailing address of each candidate of a minor political party and independent candidate who has filed a declaration of candidacy or an acceptance of candidacy with him or her.

     [Sec’y of State, Conduct of Elections Reg. § A-5, eff. 2-28-80]—(NAC A 12-16-83; 3-17-92; 3-22-94; 3-15-96; R217-97, 5-26-98; R086-00, 8-22-2000)

      NAC 293.060  Designation of offices of justice of Supreme Court. (NRS 293.124, 293.196, 293.247)

     1.  For purposes of elections only, the offices of justice of the Supreme Court are designated as seats A, B, C, D, E, F and G.

     2.  The offices which will be filled at the general election of 1980, and each 6 years thereafter, are designated seats A and E. The office which will be filled at the general election of 1982, and each 6 years thereafter, is designated seat C. The offices which will be filled at the general election of 1984, and each 6 years thereafter, are designated seats B and D. The offices which will be filled at the general elections of 1998 and 2000, and each 6 years thereafter, are designated seats F and G. The following illustrates the sequence:

     (a) Seat A — 1980, 1986, 1992, 1998, etc.;

     (b) Seat B — 1984, 1990, 1996, 2002, etc.;

     (c) Seat C — 1982, 1988, 1994, 2000, etc.;

     (d) Seat D — 1984, 1990, 1996, 2002, etc.;

     (e) Seat E — 1980, 1986, 1992, 1998, etc.;

     (f) Seat F — 1998, 2000, 2006, 2012, etc.; and

     (g) Seat G — 1998, 2000, 2006, 2012, etc.

     [Sec’y of State, Conduct of Elections Reg. § A-7, eff. 2-28-80]—(NAC A 3-15-96; R217-97, 5-26-98)

      NAC 293.071  Publication of constitutional amendments and statewide measures: Request for payment of costs. (NRS 293.124, 293.253)  On or before December 31 of each year in which a general election is held, each county clerk shall submit to the Secretary of State a request for the payment of any costs of publication which are a charge against the State pursuant to NRS 293.253.

     (Added to NAC by Sec’y of State, eff. 3-15-96)

      NAC 293.073  Determination by Secretary of State of names and abbreviations of political parties authorized to appear on ballot. (NRS 293.124, 293.267)  On or before January 15 of each year, the Secretary of State will determine the names or abbreviations of all political parties that may appear on ballots immediately following the name of each candidate for partisan office pursuant to NRS 293.267.

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

      NAC 293.081  Change of manner in which name of candidate appears on ballot. (NRS 293.124, 293.247)

     1.  A candidate may change the manner in which his or her name will appear on the ballot by filing a written request to amend his or her declaration of candidacy or acceptance of candidacy. The request must be filed by the candidate in person with the filing officer with whom he or she filed the declaration of candidacy or acceptance of candidacy not later than 5 p.m. on the last day to file the declaration of candidacy or acceptance of candidacy.

     2.  This section does not authorize the amendment of any matter contained in a declaration of candidacy or acceptance of candidacy other than the manner in which the name of the candidate appears.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R217-97, 5-26-98)

      NAC 293.090  Format for ballot questions; preparation and distribution of certain information and forms in minority language. (NRS 293.124, 293.247, 293.250)

     1.  Preceding every statewide question or constitutional amendment to be voted upon must be a number, to be assigned by the Secretary of State, in boldface type.

     2.  The Secretary of State will prepare statewide ballot questions, the accompanying explanations, arguments and condensations, the forms for applications to register to vote, other statewide forms and election information prescribed by the Secretary of State pursuant to NRS 293.247 in the appropriate minority language to affected jurisdictions pursuant to section 203 of the Voting Rights Act, 42 U.S.C. § 1973aa-1a and provide them to the county clerks for distribution to the public.

     3.  The county clerks shall prepare all ballot questions other than those described in subsection 2, the accompanying explanations, arguments and condensations, the notice of offices to be filled and other county and local forms and election information in the appropriate minority language to affected jurisdictions pursuant to section 203 of the Voting Rights Act, 42 U.S.C. § 1973aa-1a.

     4.  If any question is to be submitted to a vote of the people, it must be printed upon the ballot or ballot page assembly in a manner which enables a voter to vote “Yes” or “No” upon the question submitted.

     [Sec’y of State, Conduct of Elections Reg. §§ A-8 & A-9, eff. 2-28-80]—(NAC A 3-15-96; R072-06, 7-14-2006)

      NAC 293.120  Sample ballots: Primary elections. (NRS 293.124, 293.247, 293.565)  The county clerk shall:

     1.  Mail a copy of the sample ballot for the primary election, as provided in NRS 293.565, to each candidate who has filed with the county clerk a declaration of candidacy or an acceptance of candidacy. The copy must be mailed to the mailing address which is stated in the declaration of candidacy or acceptance of candidacy.

     2.  Mail a copy of the sample ballot for the primary election, as provided in NRS 293.565, to each candidate who has been certified to the county clerk by the Secretary of State.

     3.  If a candidate’s name appears on more than one type of sample ballot, mail a copy of at least one of the sample ballots to the candidate, but the county clerk shall make a copy of each sample ballot available to the candidate upon request.

     4.  Mail a copy of at least five sample ballots and provide an electronic copy of each sample ballot for a primary election, as provided in NRS 293.565, to the Secretary of State.

     5.  Post a copy of the sample ballot or a list of candidates in a conspicuous place in the county clerk’s office.

     [Sec’y of State, Conduct of Elections Reg. § A-12, eff. 2-28-80]—(NAC A 7-18-88; R217-97, 5-26-98; R183-01, 5-10-2002; R072-06, 7-14-2006)

      NAC 293.130  Sample ballots: General elections. (NRS 293.124, 293.247, 293.565)  Sample ballots for general elections must be prepared in the same manner, quantity and form as sample ballots for primary elections and must be distributed and posted in the same manner. The county clerk shall prepare a sufficient number of explanations of the questions on the ballot so that he or she can mail one with each sample ballot, post one in a conspicuous place in his or her office and post at least two in each precinct.

     [Sec’y of State, Conduct of Elections Reg. § A-13, eff. 2-28-80]—(NAC A 7-18-88; R217-97, 5-26-98)

      NAC 293.135  Sample ballots: Omission of notice of availability of ballot in large type. (NRS 293.124, 293.247, 293.250, 293.565)  If a ballot and sample ballot are provided to all voters in 14-point type, the sample ballot is not required to contain a notice of the availability of a sample ballot in large type.

     (Added to NAC by Sec’y of State by R183-01, eff. 5-10-2002)

      NAC 293.160  Conduct of voting. (NRS 293.124, 293.247, 293.273)

     1.  The chair of the election board shall designate the officer of the election board who is to make the proclamation required pursuant to NRS 293.273. That officer shall make the proclamation at the entrance or inside of the polling place.

     2.  During the time the polls are open, the members of an election board may take time for meals or personal needs, except that only one member may be absent at any time from a polling place where four or fewer members are employed, and only two members may be absent at any time from a polling place where five or more members are employed.

     3.  The election board shall, to the extent possible, prevent any person who has given assistance in voting to another from disclosing the nature of the assisted person’s vote.

     4.  Any election board which receives mailing ballots from the county clerk shall follow the procedure prescribed for absent ballots in NRS 293.333 and 293.335.

     5.  When it is time to close the polls, a member of the election board shall proclaim that the polls are closed for voting.

     6.  After the completion of an election, all ballots and paper records of VVPATs must be returned by the sheriff or representative of the county clerk and placed by him or her in a secure storage area designated and provided by the county clerk.

     7.  If an absent ballot central counting board is appointed, the members of the board shall meet at a place designated by the county clerk as soon as the polls close. The board of county commissioners shall prepare abstracts of votes on a form which was submitted by the county clerk to and approved by the Secretary of State.

     [Sec’y of State, Conduct of Elections Reg. §§ A-22 - A-34, eff. 2-28-80]—(NAC A 7-18-88; 3-22-94; R217-97, 5-26-98; R072-06, 7-14-2006)

      NAC 293.173  Counting of votes cast by certain challenged voters. (NRS 293.124, 293.247)

     1.  If an absent ballot central counting board has been established pursuant to NRS 293.235, ballots cast by voters whose eligibility to vote has been successfully challenged solely on the basis of a change of residence within the county must be counted and recorded separately from those cast by other voters in any precinct.

     2.  If an absent ballot central counting board has not been established, the county clerk shall provide the manner of counting such ballots.

     (Added to NAC by Sec’y of State, eff. 6-15-82; A 7-18-88; R217-97, 5-26-98)

      NAC 293.177  Use of signature stamp by voter. (NRS 293.124, 293.247)  If a voter presents a signature stamp obtained pursuant to chapter 427A of NRS for use on a document as set forth in chapter 427A of NRS, the county clerk shall require verification of the identity of the owner of the signature stamp in accordance with NRS 427A.755.

     (Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006)

      NAC 293.182  Requirements for individual documents of petitions other than initiative and referendum petitions. (NRS 293.124, 293.247)

     1.  A person who submits a petition that consists of more than one document to the county clerk for verification of the signatures shall sequentially number each page of each document in the petition, beginning with the number 1.

     2.  If a petition consists of more than one document, each of those documents must, in addition to any other requirements:

     (a) Contain sequentially numbered spaces for:

          (1) The name of each person signing the petition.

          (2) The signature of the person signing the petition.

          (3) The street address of the residence where the person signing the petition actually resides, unless a street address has not been assigned. If a street address has not been assigned, the document may contain the mailing address of the person signing the petition.

          (4) The name of the county where the person is a registered voter.

          (5) The date of the signature.

     (b) Have attached to it, when filed, an affidavit signed by the person who circulated the document in substantially the following form:

 

STATE OF NEVADA

COUNTY OF _____________

 

I, __________ (print name), being first duly sworn under penalty of perjury, depose and say: (1) that I reside at ______________________ (print street, city and state); (2) that I am 18 years of age or older; (3) that I personally circulated this document; (4) that all signatures were affixed in my presence; (5) that I believe each person who signed was at the time of signing a registered voter in the county of his or her residence; and (6) that the number of signatures affixed thereon is ___________________.

 

_________________________________

Signature of circulator

 

Subscribed and sworn to or affirmed

before me this ____ day of ____, _____.

 

 

_______________________________

 

Notary public or other person licensed

to administer an oath

 

     3.  Any document of a petition may consist of more than one page. If a document consists of more than one page:

     (a) Each page, including a blank signature page, must be numbered sequentially, beginning with the number 1 for each document;

     (b) All the pages must be stapled, bound or attached in a similar manner that does not include the use of paper clips, rubber bands or binder clips and must be placed in numerical order; and

     (c) The affidavit required by paragraph (b) of subsection 2 must appear on the last pages of the document.

     4.  As used in this section, “petition” means a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 298.109, 306.015, 306.035 or 306.110.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R013-00, 4-4-2000; R183-01, 5-10-2002; R072-06, 7-14-2006; R092-09, 10-27-2009)

      NAC 293.1825  Verification of signatures on certain petitions: Determination by Secretary of State of number required; duties of county clerk; completion of certificate. (NRS 293.124, 293.1277, 293.247)  In the case of a petition for initiative or referendum that proposes a constitutional amendment or statewide measure:

     1.  If more than 500 names have been signed on the documents submitted to a county clerk and signatures on the petition were gathered from more than one county within the petition district, the Secretary of State will determine the number of signatures that the county clerk is required to verify pursuant to subsection 3 of NRS 293.1277 based on the percentage of signatures collected in that county for the petition district.

     2.  During completion of the statistical sampling required pursuant to NRS 293.1277, when a county clerk is determining the number of registered voters who signed the petition for each petition district contained fully or partially within the county, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

     3.  In completing the certificate showing the results of a county clerk’s examination of signatures required pursuant to NRS 293.1277, the county clerk shall report to the Secretary of State the number of registered voters who signed the petition for each petition district contained fully or partially within the county. If a petition district comprises more than one county, the Secretary of State will determine based on the certificates submitted by all county clerks of counties contained fully or partially within the petition district the number of registered voters who signed the petition for the petition district.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R111-11, 12-30-2011)

      NAC 293.1827  Verification of signatures on certain petitions: Request to remove signature does not necessarily invalidate signature. (NRS 293.124, 293.1277, 295.055)  If a person who signs a petition for initiative or referendum that proposes a constitutional amendment or statewide measure requests pursuant to NRS 295.055 that the county clerk remove the person’s name from the petition, the county clerk may not consider the person’s signature as an invalid signature when verifying the signatures pursuant to subsections 2 and 3 of NRS 293.1277 solely on the basis that the person requested the removal.

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

      NAC 293.183  Verification of signatures on certain petitions: Limitation of witnesses. (NRS 293.124, 293.1277, 293.247)  A county clerk who conducts the verification of signatures on a petition in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, may:

     1.  In addition to those persons who are authorized to witness the verification of signatures on a petition pursuant to NRS 293.1277, limit the number of persons who may witness the verification of signatures to not more than two persons who support the petition and two persons who oppose the petition.

     2.  Prohibit any person who is authorized to witness the verification of signatures from interfering with the verification of signatures.

     3.  Remove and replace any person who interferes with the verification of signatures.

     (Added to NAC by Sec’y of State, eff. 3-22-94)

      NAC 293.185  Verification of signatures on certain petitions: Discrepancy in address. (NRS 293.124, 293.1277, 293.247)

     1.  If, while verifying signatures pursuant to NRS 293.1277, a county clerk discovers that an address included with a signature does not match the address for the registered voter who signed the petition as indicated in the file of applications to register to vote, the clerk shall notify the registered voter of the discrepancy. The notification required pursuant to this subsection may be accomplished by the county clerk posting notice of the discrepancy on the county clerk’s website. Such notification must include, without limitation, the name of the registered voter and information relating to how the registered voter may contact the county clerk to resolve the discrepancy.

     2.  A county clerk shall not verify any signature for a person who has been notified of a discrepancy pursuant to subsection 1 unless the person demonstrates to the satisfaction of the clerk that the person is a registered voter of the State, county, district or municipality which is applicable for the ballot question or office that is the subject of the petition.

     (Added to NAC by Sec’y of State by R163-07, eff. 12-4-2007; A by R124-11, 12-30-2011)

      NAC 293.187  Provision of certain information to persons who are elderly or persons with disabilities: Alternative formats. (NRS 293.124, 293.247, 293.469)  An alternative format for the purposes of providing information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or a person with a disability pursuant to NRS 293.469 includes, without limitation:

     1.  An audio tape;

     2.  The telephone;

     3.  A telecommunications device that is accessible to a person who is deaf;

     4.  An Internet site; or

     5.  A closed-captioned video.

     (Added to NAC by Sec’y of State by R183-01, eff. 5-10-2002; A by R092-09, 10-27-2009)

      NAC 293.190  Provision of registration and voting aids; notice of availability of registration aids, voting aids and procedures for voting by absentee ballot. (NRS 293.124, 293.247)

     1.  Each county clerk shall provide to persons with disabilities and persons 65 years of age or older registration aids and voting aids, including:

     (a) Instructions which are printed in large type and are conspicuously displayed at each permanent registration facility and at each polling place; and

     (b) Information through telecommunication devices for persons who are deaf.

     2.  When the county clerk provides public notice of registration and voting, he or she shall also provide notice of the availability of registration aids, voting aids and procedures for voting by absentee ballot.

     (Added to NAC by Sec’y of State, eff. 7-18-88; A 3-22-94; 3-15-96)

      NAC 293.200  Reimbursement for cost of ballots. (NRS 293.124, 293.247)

     1.  The Secretary of State will reimburse the counties for the cost of the basic stock for ballots. Reimbursement will not be made for setup and other costs, including the cost of personalized printing, stitching, binding or numbering of the ballots.

     2.  Payment will be made after a claim of cost is presented to the Secretary of State. A county clerk shall present the claim:

     (a) For the cost of the basic stock for ballots for the primary election not later than June 30 of the year in which the general election is held.

     (b) For the cost of the basic stock for ballots for the general election not later than December 31 of the year in which the general election is held.

Ê A manufacturer’s invoice showing an itemized list of all charges must accompany the claim. The Secretary of State will not pay claims presented more than 30 days after the date that the claim is required to be presented pursuant to paragraph (a) or (b).

     [Sec’y of State, Conduct of Elections Reg. § B-1, eff. 2-28-80]—(NAC A 3-15-96; R072-06, 7-14-2006; R092-09, 10-27-2009)

VOTING AT POLLS

      NAC 293.215  Electronic notification to Secretary of State of opening and closing of polls during period for early voting. (NRS 293.124, 293.247, 293.3568)

     1.  On each voting day during the period for early voting described in NRS 293.3568, the county clerk shall notify the Secretary of State by facsimile or electronic mail:

     (a) If the opening or closing of any permanent polling place located within the jurisdiction of the county clerk was delayed. The notification required pursuant to this paragraph must be sent to the Secretary of State as soon as practicable after the delay occurs and must include, without limitation, an explanation of the reason for the delay.

     (b) Of the number of persons who cast ballots on that day at each permanent polling place located within the jurisdiction of the county clerk. The notification required pursuant to this paragraph must be sent to the Secretary of State as soon as practicable after the close of all permanent polling places located within the jurisdiction of the county clerk.

     2.  If a county clerk reports a delay of an opening or closing of a polling place pursuant to paragraph (a) of subsection 1, the county clerk shall inform the Secretary of State when the delay has been cured and the polling place has opened or closed, as the case may be. The notification required pursuant to this subsection must be sent to the Secretary of State as soon as practicable after the opening or closing, as the case may be, of the polling place.

     3.  On the last day of the period for early voting described in NRS 293.3568, the county clerk shall notify the Secretary of State by facsimile or electronic mail at the time when all polling places within the jurisdiction of the county clerk closed that day. The notification required pursuant to this subsection must be sent to the Secretary of State as soon as practicable after the close of all permanent polling places located within the jurisdiction of the county clerk.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009)

      NAC 293.217  Notification to Secretary of State of opening and closing of polls on election day; approval of plan for opening and closing polls and submitting election results. (NRS 293.124, 293.247)

     1.  On election day for each election other than a city election, the county clerk shall notify the Secretary of State by facsimile, electronic mail or other means approved by the Secretary of State:

     (a) Except as otherwise provided in paragraph (b), of the time at which each polling place within the jurisdiction of the county clerk opened on election day. The notification required pursuant to this paragraph must be sent to the Secretary of State as soon as practicable after the opening of all polling places within the jurisdiction of the county clerk.

     (b) If the opening or closing of any polling place was delayed on that day. The notification required pursuant to this paragraph must be sent to the Secretary of State as soon as practicable after the delay occurs and include, without limitation, an explanation of the reason for the delay.

     (c) Of the time at which each polling place within the jurisdiction of the county clerk closed that day and all registered voters waiting to vote at the time the polls closed have voted. The notification required pursuant to this paragraph must be sent to the Secretary of State as soon as practicable after the closing of all polling places within the jurisdiction of the county clerk.

     2.  If a county clerk reports a delay of an opening or closing of a polling place pursuant to paragraph (b) of subsection 1, the county clerk shall inform the Secretary of State when the delay has been cured and the polling place has opened or closed, as the case may be. The notification required pursuant to this subsection must be sent to the Secretary of State as soon as practicable after the opening or closing, as the case may be, of the polling place.

     3.  A county clerk shall not report on election day any unofficial results of election returns related to a candidate for statewide or multicounty office or a statewide or multicounty ballot question until the Secretary of State:

     (a) Receives the notification required pursuant to paragraph (c) of subsection 1 from every county clerk;

     (b) Verifies the unofficial election results received from a county clerk; and

     (c) Notifies the county clerk that the county clerk may report such unofficial results.

     4.  Each county clerk shall submit a plan to the Secretary of State setting forth the procedures that the county clerk will use for:

     (a) Opening and closing all polling places within the jurisdiction of the county clerk; and

     (b) Notifying the Secretary of State of election results on the day of election.

Ê The procedures required pursuant to this subsection must be submitted to the Secretary of State for his or her approval not later than 90 days before each election.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R124-11, 12-30-2011)

      NAC 293.219  Notification to Secretary of State of voter turnout on election day. (NRS 293.124, 293.247)  On election day for each election other than a city election, the county clerk shall notify the Secretary of State of voter turnout in the county not less often than twice during the hours that polling places are open in the county.

     (Added to NAC by Sec’y of State by R124-11, eff. 12-30-2011)

      NAC 293.220  Preparation of election supplies and equipment for each precinct. (NRS 293.124, 293.247)

     1.  At least 2 days before any election, the county clerk shall prepare the following supplies for each precinct:

     (a) The election roster;

     (b) A quantity of mechanical voting devices which assures an efficient flow of voters;

     (c) A means for transporting ballots and VVPATs which allows the ballots and VVPATs to be secured with a lock and key, numbered seal or other device which prevents unauthorized entry;

     (d) At least three copies of each sample ballot which pertains to the election;

     (e) A procedural checklist for election boards; and

     (f) One list of the inventory of the supplies provided to the election board.

     2.  Each county clerk may prepare for the precincts any additional supplies he or she considers necessary or desirable for carrying out the election.

     [Sec’y of State, Conduct of Elections Reg. § B-3, eff. 2-28-80]—(NAC A 7-18-88; 3-15-96; R217-97, 5-26-98; R072-06, 7-14-2006)

      NAC 293.225  Procedures regarding election supplies and manner of voting for each polling place. (NRS 293.124, 293.247)

     1.  At least 2 days before any election, every county clerk shall prepare the following supplies for each polling place:

     (a) One flag of the United States.

     (b) Any notices or other materials required to be posted at each polling place pursuant to NRS 293.177, 293.2549, 293.2955, 293.301, 293.302, 293.3025, 293.361, 293.740 and 293.780.

     (c) One copy of the statutes and regulations governing elections, or one copy of a compilation of the statutes and regulations governing elections.

     (d) If a procedure for bilingual voting is used in the county, the required notices in the appropriate foreign language.

     2.  The county clerk may prepare for each polling place any additional supplies he or she considers necessary or desirable for carrying out the election.

     3.  On or before the day preceding the day of an election, each county clerk may deliver the election supplies to the sheriff of his or her county or a person designated by the clerk for further distribution. The election supplies may be delivered in sealed containers and may include any other accountable items. The sheriff or other designated person shall sign a receipt for all of the items received by him or her. The sheriff or other designated person shall immediately, and in a safe manner, distribute the election supplies to those polling places or to those members of election boards who are designated by the county clerk to receive and take custody of the supplies.

     4.  When an election board accepts delivery of election supplies, it shall check the supplies against the list of inventory and immediately notify the county clerk of any shortage. The county clerk shall immediately correct the shortage.

     5.  At each polling place within the county, the county clerk shall allow voters to vote their ballots conveniently and in a manner that allows their voting to be screened from the view of others.

     [Sec’y of State, Conduct of Elections Reg. §§ A-17 - A-21, eff. 2-28-80]—(NAC A 12-16-83; 7-18-88; 3-22-94; 3-15-96; R217-97, 5-26-98; R072-06, 7-14-2006; R163-07, 12-4-2007)

      NAC 293.230  Duties of election board before voting. (NRS 293.124, 293.247)

     1.  Each member of the election board must be present in the polling place where he or she is to serve at least 45 minutes before the time the polling place is to open.

     2.  The election board shall set up the vote recording devices in a manner which creates the most efficient flow of voters.

     [Sec’y of State, Conduct of Elections Reg. §§ B-4 - B-6, eff. 2-28-80]—(NAC A by R217-97, 5-26-98; R072-06, 7-14-2006)

      NAC 293.240  Procedures regarding voting; examination of voting booths; notification to county clerk of certain violations. (NRS 293.124, 293.247)

     1.  After a person is identified as being a registered voter and has signed the roster, a member of the election board:

     (a) May issue the voter a receipt.

     (b) Shall ask the voter if the voter needs assistance in casting a ballot.

     (c) Shall make the following statement to the voter:

 

If you have any questions or concerns about the mechanical voting device, please stop voting immediately and bring your question or concern to the attention of a member of the election board. Once you have cast your ballot, you will not be able to have your question or concern addressed by the election board.

 

     (d) Shall direct the voter to a voting booth equipped to handle the voter’s ballot.

     2.  A member of the election board shall not permit any person to enter a voting booth to vote until he or she ascertains that the person understands how to operate the vote recording device.

     3.  If it is obvious to the members of an election board that a voter is trying to delay an election by repeatedly voiding his or her selections and not casting a ballot, a member of the election board must warn the voter that such actions are unlawful and offer assistance if necessary. If the voter continues to try to delay the election, the election board may take any appropriate action to expedite the election, including, without limitation, removing the voter from the polling place if the county clerk has approved the removal.

     4.  Before the commencement of voting and periodically throughout the election, members of the election board shall examine the voting booths to ensure that each booth does not contain any campaign cards, political advertising, partisan notes or any other matter which constitutes an unauthorized attempt to influence the voters.

     5.  The election board shall ensure that a copy of the statement set forth in paragraph (c) of subsection 1 is prominently displayed at the polling place.

     6.  If a member of the election board observes at a polling place any violation of the provisions of title 24 of NRS, he or she shall immediately notify the county clerk.

     [Sec’y of State, Conduct of Elections Reg. §§ B-7 - B-12, eff. 2-28-80]—(NAC A 12-16-83; R217-97, 5-26-98; R072-06, 7-14-2006; R163-07, 12-4-2007; R124-11, 12-30-2011)

      NAC 293.245  Observation of conduct of voting at polling place. (NRS 293.124, 293.247)

     1.  Subject to the provisions of subsections 2 to 8, inclusive, any person may observe the conduct of voting at a polling place.

     2.  Before observing the conduct of voting at a polling place pursuant to subsection 1, a person must sign an acknowledgment in the form prescribed by the Secretary of State stating that the person, during the time the person observes the conduct of voting:

     (a) Acknowledges that he or she is prohibited from:

          (1) Talking to voters within the polling place;

          (2) Using a mobile telephone or computer within the polling place;

          (3) Advocating for or against a candidate, political party or ballot question;

          (4) Arguing for or against or challenging any decisions of county or city election personnel; and

          (5) Interfering with the conduct of voting; and

     (b) May be removed from the polling place by the county or city clerk for violating any provision of title 24 of NRS or any of the provisions of paragraph (a).

     3.  The county or city clerk may, at his or her discretion, remove from a polling place a person observing the conduct of voting pursuant to this section for violating any provision of title 24 of NRS or any of the provisions of paragraph (a) of subsection 2.

     4.  A person observing the conduct of voting at a polling place pursuant to subsection 1 must comply with the same requirements that apply to members of the general public pursuant to NRS 293.274, 293.305 and 293.730.

     5.  A person observing the conduct of voting at a polling place pursuant to subsection 1 may remain in the designated area in the polling place after the polls close pursuant to NRS 293.273 so as to observe the closing of the polling place. The person shall not interfere with the closing of the polling place.

     6.  A person observing the conduct of voting at a polling place pursuant to subsection 1 may remain in an area designated by the chair of the election board to observe the activities conducted at the polling place without interfering with the voting. The designated area must allow for meaningful observation, but must not be located in an area that would allow an observer to infringe on the privacy and confidentiality of the ballot of the voter.

     7.  A person observing the conduct of voting at a polling place pursuant to subsection 1 must wear a name tag denoting the person’s full name.

     8.  The county and city clerk shall retain the signed acknowledgments described in subsection 2 for at least 180 days following the election observed by the person who signed the acknowledgment.

     9.  As used in this section, “advocate” includes, without limitation, speaking, displaying or disseminating written material and wearing identifying clothing, buttons or other paraphernalia.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R072-06, 7-14-2006; R163-07, 12-4-2007; R092-09, 10-27-2009; R124-11, 12-30-2011)

      NAC 293.247  Determination of when person is waiting to vote at time polls close. (NRS 293.124, 293.305, 293C.297)

     1.  As used in NRS 293.305 and 293C.297 and NAC 293.217, a person is waiting to vote at the hour of closing the polls if the person:

     (a) Is physically in line waiting to vote; or

     (b) Has entered the polling place.

     2.  After determining who is the last person waiting to vote at the time that the polls close, a member of the election board shall:

     (a) Place a sticker or other distinguishing mark on the last person waiting in line to vote; or

     (b) If the last person waiting to vote does not want a sticker or other distinguishing mark placed on him or her, physically stand behind the last person waiting in line to vote,

Ê to ensure that no other person enters the polling place to vote.

     (Added to NAC by Sec’y of State by R124-11, eff. 12-30-2011)

      NAC 293.250  Procedures after voting. (NRS 293.124, 293.247)

     1.  If a difference exists between the number of persons voting and the number of ballots cast, the difference must be reported in writing to the county clerk, together with any known reasons for the difference.

     2.  The total number of voters must be entered by the election board on the forms provided by the county clerk.

     3.  The chair of an election board is responsible for the safe delivery of the ballots and VVPATs to the central place designated by the county clerk for the counting of ballots, except that a ballot pick-up board, if established, is responsible for the delivery.

     4.  After closing the polls, the election board shall compare the quantity of its results cartridges, VVPATs, mechanical recording devices and other essential election supplies which were furnished by the county clerk with the county clerk’s inventory, shall note any shortages and shall immediately notify the county clerk if any shortages are noted. The chair of the election board is responsible for the safe return of all supplies, including all records, equipment pertaining to the election and essential election supplies, in accordance with the directions of the county clerk.

     [Sec’y of State, Conduct of Elections Reg. §§ B-13 - B-16, eff. 2-28-80; § B-17, eff. 10-15-81]—(NAC A 7-18-88; R217-97, 5-26-98; R183-01, 5-10-2002; R072-06, 7-14-2006)

      NAC 293.255  Postelection certification audits of VVPATs. (NRS 293.124, 293.247)

     1.  After each election, a county clerk shall conduct a postelection certification audit of VVPATs randomly selected pursuant to subsection 3 or 4, as applicable, to ensure that the paper record produced by a VVPAT accurately records all votes cast by voters on a mechanical recording device.

     2.  A county clerk must conduct a postelection certification audit of a VVPAT by comparing each vote cast for each candidate and on each measure which was electronically recorded on the mechanical recording device to each vote cast for each candidate and on each measure which was recorded on the attached VVPAT. Such comparison may be conducted manually or by a mechanical device determined by the Secretary of State to be capable of accurately reading the votes cast and printed and otherwise qualified for use in the State pursuant to applicable state and federal law.

     3.  The county clerk of a county whose population is 100,000 or more must randomly select a number of mechanical recording devices equal to 2 percent of the number of mechanical recording devices with attached VVPATs used in the election, or not less than 20 mechanical recording devices, whichever is greater, for the postelection certification audit.

     4.  The county clerk of a county whose population is less than 100,000 must randomly select a number of mechanical recording devices equal to 3 percent of the number of mechanical recording devices with attached VVPATs used in the election, or not less than four mechanical recording devices, whichever is greater, for the postelection certification audit.

     5.  The county clerk shall transmit the results of the audit to the Secretary of State within 7 working days after the date of the election.

     6.  Any member of the public who observes the postelection certification audit shall not interfere with the conduct of the audit.

     (Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006)

VOTING BY PROVISIONAL BALLOT

      NAC 293.270  General requirements; voter appearing at incorrect polling place. (NRS 293.124, 293.247)

     1.  A person who completes the written affirmation required by NRS 293.3082 must be provided with a provisional ballot, regardless of whether the person is at the wrong polling place or precinct.

     2.  If an election official becomes aware that a person appearing to vote is a registered voter who has appeared to vote in the wrong polling place, the election official must inform the person of the location of the correct polling place for the person. The election official must also inform the person that although a provisional ballot may be cast at the incorrect precinct, the provisional ballot will not be counted unless the requirements of subsection 3 are satisfied and the voter casts the provisional ballot at a polling place that is located in the congressional district in which the voter resides.

     3.  A county clerk shall count a provisional ballot if the county clerk determines that all the following requirements were satisfied by the date of the election for which the provisional ballot was cast:

     (a) The voter was properly registered in the county where the provisional ballot was cast;

     (b) The voter was a citizen of the United States;

     (c) The voter was 18 years of age or older;

     (d) The voter had continuously resided in the county where he or she registered to vote for at least 30 days;

     (e) The voter had continuously resided in the precinct for which he or she registered to vote for at least 10 days;

     (f) The voter had not been convicted of a felony or, if the voter had been convicted of a felony, the civil rights of the voter had been lawfully restored;

     (g) The voter signed the required affirmation;

     (h) If the provisional ballot was cast at a polling place, the voter did not cast any other ballot, including an absent or mail-in ballot;

     (i) If the voter did not show proof of residence and identity at the time he or she registered to vote, that the voter provided official identification establishing residence and identity by 5 p.m. on the Friday following election day;

     (j) The voter cast the provisional ballot at a polling place that was authorized to accept a ballot for the congressional district in which the voter resides; and

     (k) The provisional ballot cast listed the correct federal offices for the congressional district in which the voter resides.

     4.  The county clerk shall, not earlier than 5 p.m. on the Friday immediately following election day, post and submit to the Secretary of State the totals of provisional votes counted. The county clerk shall post and submit the updated results in the same manner and form as election day results.

     (Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006; A by R163-07, 12-4-2007; R092-09, 10-27-2009)

      NAC 293.275  Notification of certain persons of ability to cast provisional ballot. (NRS 293.124, 293.247)  The county clerk, or a designee thereof, shall inform any person whose name does not appear on a voter registration list as an eligible voter for a polling place, or who an election official asserts is not eligible to vote at the polling place, of the ability of the person to cast a provisional ballot.

     (Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006)

      NAC 293.280  Free access system to provide information to voter casting provisional ballot. (NRS 293.124, 293.247, 293.3086)

     1.  A county clerk, or a designee thereof, shall inform each voter who casts a provisional ballot of the availability of the free access system established in accordance with NRS 293.3086.

     2.  The county clerk shall provide the Secretary of State, in the format the Secretary of State prescribes, with all information on whether the provisional ballots cast by each person were counted and, if not, the reason why such a ballot was not counted. The Secretary of State will add the information to the free access system to make such information available to the voters who cast a provisional ballot.

     3.  The free access system must be available to a person who casts a provisional ballot for the period beginning on the eighth day immediately following the date of the election and continuing for at least 30 days after the date of the election in which the person cast the provisional ballot.

     (Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006)

VOTING BY ABSENT BALLOT

      NAC 293.291  Form to request absent ballot; voting at polling place after receipt. (NRS 293.124, 293.247, 293.250, 293.330)

     1.  In addition to the requirements set forth in paragraph (a) of subsection 1 of NRS 293.3095, the form to request an absent ballot must:

     (a) Include a line for:

          (1) The name of the registered voter requesting the absent ballot;

          (2) The signature of the registered voter requesting the absent ballot; and

          (3) A tracking number that consists of the:

               (I) Control number of the application to register to vote assigned to the application by the Secretary of State pursuant to NAC 293.420; or

               (II) Voter registration number that is generated by computer and assigned by the county clerk in a county where a computer is used to register voters; and

     (b) Include the name and address of the county clerk of the county where the registered voter who requests the ballot resides.

     2.  A registered voter who receives an absent ballot may vote at a polling place if the registered voter:

     (a) Surrenders the absent ballot to the county clerk or a designee thereof; or

     (b) Complies with the requirements set forth in subsection 3 of NRS 293.330.

     (Added to NAC by Sec’y of State by R013-00, eff. 4-4-2000; A by R183-01, 5-10-2002; R163-07, 12-4-2007)

      NAC 293.295  Request for absent ballot: Verification of voter’s address; notification. (NRS 293.124, 293.247, 293.525)  A county clerk who receives a request for an absent ballot shall:

     1.  Compare the address of the voter’s residence in this State which is indicated on the request with the address which is indicated on the voter’s application to register to vote.

     2.  If the county clerk determines that the address indicated on the application to register to vote is different from the address which is indicated on the request for an absent ballot, mail a written notice to the voter. The notice must include:

     (a) A copy and explanation of the provisions set forth in NRS 293.525; and

     (b) A postcard to be returned by the voter to the county clerk which includes verification of the address of the voter’s residence in this State. The county clerk shall use a postcard that may not be forwarded to an address of the voter which is different from the address to which the notice is mailed.

     (Added to NAC by Sec’y of State, eff. 3-22-94; A by R217-97, 5-26-98)—(Substituted in revision for NAC 293.166)

      NAC 293.305  Delivery of absent ballot by mail. (NRS 293.124, 293.247, 293.323)  When a county clerk sends a voter an absent ballot pursuant to NRS 293.323, the county clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the absent ballot is mailed.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)—(Substituted in revision for NAC 293.168)

      NAC 293.307  Provision of instructions for correction of absent ballot; duplication of corrected ballot. (NRS 293.124, 293.247, 293.250)

     1.  Each county clerk or city clerk shall provide, with each absent ballot, instructions that must include the following:

 

If you make a mistake or change your mind while voting this ballot, do not use correction fluid or tape. Simply cross out the name of the candidate you do not wish to vote for and connect the arrow of the candidate you do wish to vote for. See example below. Call XXX-XXXX for assistance if needed.

 

                                                                                                         

 

 

     2.  A county clerk or city clerk shall not duplicate any absent ballot which the voter has marked to indicate a correction or on which the voter has used correction tape or fluid unless the clerk determines that no ambiguity exists as to the intent of the voter.

     (Added to NAC by Sec’y of State by R163-07, eff. 12-4-2007; A by R092-09, 10-27-2009)

      NAC 293.311  Procedures for handling absent voters’ ballots in county with absent ballot central counting board. (NRS 293.124, 293.247)

     1.  In a county in which the county clerk has appointed an absent ballot central counting board and posted a statement pursuant to subsection 2, the county clerk may, not earlier than 4 working days before election day and not later than 5 p.m. on the second working day before election day, deliver the absent voters’ ballots to the absent ballot central counting board. When the ballots are received, the absent ballot central counting board shall:

     (a) Sort the ballots by precinct or, for those precincts that have been consolidated into a single voting district, by voting district, unless the system for counting the ballots produces an accounting of the ballots by precinct or voting district;

     (b) Count the number of ballots by precinct or, for those precincts that have been consolidated into a single voting district, by voting district;

     (c) Account for all ballots on the statement of ballots; and

     (d) Place all the ballots and the statement of ballots into the container provided by the county clerk to transport those items to a central counting place and seal the container. The container and seal used must comply with the provisions of NRS 293.462.

     2.  Not later than 2 working days before the date of delivery of the ballots pursuant to subsection 1, the county clerk must post a statement in his or her office that notifies the public of any actions that will be taken pursuant to subsection 1.

     3.  Any absent ballots received by the county clerk after he or she delivers the ballots pursuant to subsection 1 must be:

     (a) Stored and secured pursuant to the provisions of NRS 293.325 after those ballots have been returned pursuant to subsection 1; and

     (b) Processed pursuant to the provisions of NRS 293.3625 to 293.397, inclusive.

     4.  The county clerk shall allow members of the general public to observe the handling of the absent ballots conducted pursuant to subsection 1 if those members do not interfere with the handling of the absent ballots.

     (Added to NAC by Sec’y of State by R086-00, eff. 8-22-2000; A by R072-06, 7-14-2006)—(Substituted in revision for NAC 293.169)

      NAC 293.313  Absent ballot sent by approved electronic transmission: Recording of absent ballot and maintenance of original ballot card. (NRS 293.124, 293.247, 293.250)  If a county clerk or the authorized representative of a county clerk sends an absent ballot by approved electronic transmission, the county clerk or the county clerk’s authorized representative shall:

     1.  Cause a unique identification number to be included on the absent ballot.

     2.  Record in the absent ballot record:

     (a) The name of each voter who requested an absent ballot by approved electronic transmission, the voter’s precinct or district, the voter’s political affiliation, if any, and the unique identification number of the absent ballot.

     (b) The method of approved electronic transmission used by the county clerk or the county clerk’s authorized representative to send the absent ballot, including, without limitation, the destination of the absent ballot, such as the facsimile transmission number or electronic mailing address, as applicable, to which the county clerk or the county clerk’s authorized representative sent the absent ballot.

     (c) The date and time that the county clerk or the county clerk’s authorized representative sent the absent ballot to the voter by approved electronic transmission.

     (d) The initials of the person who sent the absent ballot to the voter.

     3.  Maintain the original ballot card in a secured area where access is allowed only with the approval of the county clerk.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009)

      NAC 293.315  Absent ballot sent by facsimile: Contents and form. (NRS 293.124, 293.247, 293.250)

     1.  An absent ballot sent to a voter by facsimile pursuant to subsection 2 of NRS 293.323 must:

     (a) Contain instructions for marking the absent ballot.

     (b) Contain instructions for returning the absent ballot by facsimile, including, without limitation, the:

          (1) Facsimile transmission number that the voter may use to return the absent ballot.

          (2) Deadline for returning the absent ballot by facsimile to the county clerk.

     (c) Contain the contact information of the county clerk or an authorized representative of the county clerk who will be available during normal business hours to answer questions from the voter concerning the absent ballot. Such information must include, without limitation, the county clerk or authorized representative’s name, address, phone number, facsimile transmission number and electronic mail address.

     (d) Instruct the voter that the absent ballot may not be used by another voter or duplicated.

     (e) Instruct the voter to read and sign a declaration, under penalty of perjury, stating that the voter:

          (1) Resides within the precinct in which he or she is voting; and

          (2) Is the person who requested the absent ballot.

     (f) Contain a statement that failure to sign the declaration required pursuant to paragraph (e) will result in the absent ballot not being counted.

     (g) Contain any other information required by the Secretary of State or county clerk.

     2.  Except as otherwise provided in NRS 293.309, an absent ballot and the information required pursuant to subsection 1 must be written on a form 8 1/2 x 11 inches in size and printed in a size equal to at least 10-point black type on a white background.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R111-11, 12-30-2011)

      NAC 293.317  Absent ballot: Receipt; recording; verification of signature. (NRS 293.124, 293.247, 293.250, 293.317)

     1.  To be counted, an absent ballot must be received by the office of the county clerk by 7 p.m. on the day of the election.

     2.  The county clerk shall place each rejected absent ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the rejection of the absent ballot.

     3.  When an absent ballot is returned to the county clerk, the county clerk shall:

     (a) Record the receipt of the absent ballot in the absent ballot record; and

     (b) If the absent ballot is returned by approved electronic transmission and the voter requests confirmation of receipt of the absent ballot, send a confirmation to the voter using approved electronic transmission.

     4.  The county clerk shall check the signature on the return envelope, facsimile or other electronic document, as applicable, of the absent ballot against the original signature of the voter on his or her application to register to vote. Each county clerk shall establish a procedure for duplicating absent ballots received pursuant to this section that must be approved by the Secretary of State before it is used by the county clerk.

     5.  If a voter returns more than one voted absent ballot for the same election and the county clerk receives all such absent ballots before the polls are closed on the day of the election, the county clerk shall count the absent ballot received first.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009)

      NAC 293.318  Absent ballot: Plan for disposition in case of emergency. (NRS 293.124, 293.247)

     1.  Each county clerk and city clerk shall submit a plan to the Secretary of State setting forth the procedures that the clerk will use for the disposition of absent ballots in case of an emergency. Such plan must be submitted not later than 90 days before each election.

     2.  In the case of an emergency, the Secretary of State may order one or more polling places to be used to accommodate voters who are unable to vote at their polling places due to the emergency.

     3.  As used in paragraph (o) of subsection 3 of NRS 293.247, “emergency” means a temporary or permanent situation where one or more polling places located within the jurisdiction of a county clerk or city clerk does not have a mechanical voting device that is properly recording votes electronically.

     (Added to NAC by Sec’y of State by R124-11, eff. 12-30-2011)

      NAC 293.319  Absent ballot: Reporting requirements after election. (NRS 293.124, 293.247, 293.250)  Not later than 60 days after the date of an election, a county clerk shall report to the Secretary of State, in the form prescribed by the Secretary of State:

     1.  The number of absent ballots for that election that the county clerk sent using approved electronic transmission.

     2.  The number of absent ballots for that election that were returned by voters using approved electronic transmission.

     3.  The number of absent ballots described in subsection 2 which were counted by the county clerk.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009)

RETURNS

      NAC 293.331  Reporting of returns from early voting and absent ballots in combination with regular votes of precinct. (NRS 293.124, 293.247, 293.3606, 293.385)

     1.  If a precinct has fewer than 10 returns from early voting:

     (a) The reporting of those returns separately from the regular votes of the precinct shall be deemed, for the purposes of NRS 293.3606, to violate the secrecy of those voters’ ballots; and

     (b) Those returns must be reported in combination with the regular votes of the precinct.

     2.  If a precinct has fewer than 10 returns of absent ballots:

     (a) The reporting of those returns separately from the regular votes of the precinct shall be deemed, for the purposes of NRS 293.385, to violate the secrecy of those voters’ ballots; and

     (b) Those returns must be reported in combination with the regular votes of the precinct.

     (Added to NAC by Sec’y of State, eff. 3-15-96)—(Substituted in revision for NAC 293.193)

      NAC 293.335  County abstract: Contents; combining of precincts. (NRS 293.124, 293.247, 293.393)

     1.  A county abstract must contain:

     (a) The name of the county.

     (b) The title of the election.

     (c) The date of the election.

     (d) The information required by NRS 293.387, 293.393 and 293.395.

     (e) The title of the office.

     (f) The name of the candidate as it appeared on the ballot.

     (g) The number of registered voters in each precinct.

     (h) The number of ballots cast in each precinct.

     (i) The number of votes cast for each candidate in each precinct.

     (j) The total for all precincts of the items set forth in paragraphs (g), (h) and (i).

     (k) The number of each ballot question.

     (l) The number of “Yes” votes and “No” votes in each precinct for each ballot question.

     (m) The total number of “Yes” votes and “No” votes for each ballot question in all precincts.

     2.  When preparing the county abstract, the county clerk may include all precincts containing less than 10 registered voters in one precinct.

     (Added to NAC by Sec’y of State, eff. 7-18-88; A 3-22-94; R217-97, 5-26-98)—(Substituted in revision for NAC 293.195; R092-09, 10-27-2009)

      NAC 293.341  Mechanized report of abstract. (NRS 293.124, 293.247, 293.387, 293.395)  A mechanized report of an abstract of votes, as required by NRS 293.387 and 293.395, must be transmitted to the Secretary of State. The Secretary of State will, not later than March 1 of each year in which the general election is held, notify each county clerk of the specifications for the mechanized report of the abstract of votes required pursuant to this section.

     (Added to NAC by Sec’y of State, eff. 2-28-90; A 3-17-92; R013-00, 4-4-2000)—(Substituted in revision for NAC 293.197; R092-09, 10-27-2009)

RECOUNT OF VOTES

      NAC 293.361  Restrictions on membership of recount board. (NRS 293.124, 293.247, 293.404)

     1.  A recount board employed pursuant to NRS 293.404 must not consist solely of members of the same political party.

     2.  No member of a recount board employed pursuant to NRS 293.404 may be a candidate for nomination or election to the office for which the recount of votes is demanded, or a relative of such a candidate within the second degree of consanguinity or affinity.

     (Added to NAC by Sec’y of State, eff. 3-15-96)—(Substituted in revision for NAC 293.178)

      NAC 293.365  Manner of conducting canvass. (NRS 293.124, 293.247)

     1.  The results of a recount of any election demanded pursuant to NRS 293.403 must be canvassed within 5 working days after the completion of the recount.

     2.  If the recount concerns a candidate or ballot question that was voted on in more than one county, the board of county commissioners of each county shall conduct the canvass in the manner prescribed in subsections 2, 3 and 4 of NRS 293.393 and subsection 1 of NRS 293.395.

     3.  If the recount concerns a candidate or ballot question that was voted on in one county, the board of county commissioners shall conduct the canvass in the manner prescribed in subsections 2 and 3 of NRS 293.387.

     4.  If the recount concerns a candidate or ballot question that was voted on in a city election, the mayor and the governing body of the city shall conduct the canvass in the manner prescribed in subsections 3 to 7, inclusive, of NRS 293C.387.

     (Added to NAC by Sec’y of State by R013-00, eff. 4-4-2000)—(Substituted in revision for NAC 293.1785)

      NAC 293.371  Designation of observer by Secretary of State; withdrawal of demand. (NRS 293.124, 293.247)

     1.  At the request of the city or county clerk, the Secretary of State will designate a representative to observe a recount of votes.

     2.  A person who demands a recount of votes may withdraw the demand by filing a withdrawal in writing at any time before the completion of the recount. The city or county clerk shall stop the recount as soon as practicable after the person demanding the recount notifies the clerk of the withdrawal of the demand. A person who withdraws a demand for a recount of votes may not request a continuation of the recount or a new recount of those votes.

     (Added to NAC by Sec’y of State, eff. 3-15-96)—(Substituted in revision for NAC 293.179)

      NAC 293.375  Determination and allocation of cost. (NRS 293.124, 293.247, 293.403, 293.405)

     1.  In determining the estimated or actual cost of any recount, the county or city clerk or Secretary of State:

     (a) May include the cost of:

          (1) Utilities used in a public building which is occupied for a recount before or after the normal hours of business;

          (2) Rent for the use of a building not owned by the public;

          (3) Salaries for overtime work of regularly employed members of the staff who normally handle elections;

          (4) Salaries for other employees engaged for the recount;

          (5) Services rendered by the personnel of the Division of Enterprise Information Technology Services of the Department of Administration or the agency of the county or city that is charged with the responsibility of administering a telecommunications or computer system for the county or city and the computer time associated with the recount;

          (6) Mileage and per diem allowances for county or city clerks who attend meetings at the request of the candidate;

          (7) Extra materials ordered for the particular recount, such as tally books; and

          (8) Any required support from vendors of equipment or materials used in the recount.

     (b) May not include the cost of:

          (1) Utilities used during the regular hours of business in a public building which is normally used for the purpose of elections;

          (2) Rent in a public building which is normally used for the purpose of elections;

          (3) During their normal hours of employment, the salaries of regularly employed members of the staff who normally handle elections; or

          (4) Payment for overtime work which is not allowed by the county or city to the county or city clerk for conducting the recount.

     2.  Except as otherwise provided in subsection 1, the Secretary of State may charge the candidate for actual expenses incurred in organizing and conducting a statewide recount.

     3.  When two or more recounts are ordered in any election district in the State, the recounts must be conducted simultaneously. If all of the candidates who requested the recount fail to prevail at the finish of the recount, the cost of the recount must be divided equally among those candidates.

     [Sec’y of State, Conduct of Elections Reg. § A-35, eff. 2-28-80]—(NAC A 7-18-88; R217-97, 5-26-98; R163-07, 12-4-2007)

REGISTRATION OF VOTERS

      NAC 293.395  “Official identification” interpreted. (NRS 293.124, 293.247, 293.517)  For the purposes of NRS 293.517:

     1.  The Secretary of State interprets “official identification” to mean a government-issued, or otherwise official, article or combination of articles, which establishes both the identity and residence of a person submitting an application to register to vote.

     2.  The following articles may be used to establish identity:

     (a) A current and valid Nevada driver’s license;

     (b) A current and valid identification card issued by the Department;

     (c) A current and valid identification card issued by a branch of the Armed Forces of the United States;

     (d) A current and valid identification card issued by a sheriff of a Nevada county to an employee as a condition of employment by certain business enterprises;

     (e) A current and valid identification card issued by an agency of the State of Nevada or political subdivision thereof or the United States, including, without limitation, a public school, college or university;

     (f) A current and valid student identification card from an accredited private school, college or university;

     (g) A current and valid United States passport;

     (h) A current and valid insurance plan identification card which the county clerk determines, in his or her discretion, to be a reliable indication of the true name and identity of the person; or

     (i) A current and valid tribal identification card.

     3.  The following articles may be used to establish residency if the current residential address of the applicant, as indicated on the application to register to vote, is displayed on the article:

     (a) Any article set forth in subsection 2;

     (b) A current and valid utility bill, including, without limitation, a bill for electricity, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television;

     (c) A current and valid bank or credit union statement;

     (d) A current and valid paycheck;

     (e) A current and valid income tax return;

     (f) A current and valid statement concerning the mortgage, rental or lease of a residence;

     (g) A current and valid motor vehicle registration;

     (h) A current and valid document issued by a governmental agency;

     (i) A current and valid property tax statement; or

     (j) Any other official article which the county clerk determines, in his or her discretion, to be a reliable indication of the true residential address of the person.

     (Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006; A by R124-11, 12-30-2011)

      NAC 293.405  Registration of person in county where not previously registered. (NRS 293.124, 293.247, 293.517)  A county clerk must require a person wishing to register in a county where the person has not previously been registered to comply with the provisions of NRS 293.517, regardless of whether the person was previously registered elsewhere.

     (Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006)

      NAC 293.410  Registration by voter registration agency; processing of application for registration. (NRS 293.124, 293.247, 293.504, 293.524)

     1.  A voter registration agency shall place in a conspicuous position in each of its offices a sign which indicates that a person may register to vote in that office.

     2.  A registered voter may change his or her name, address or political party affiliation on the application to register to vote.

     3.  The information required by the application to register to vote must be printed in black or blue ink with a ballpoint pen.

     4.  A voter registration agency may not accept an application to register to vote which includes any erasure of or line drawn through information provided by the applicant relating to the political party affiliation of the applicant.

     5.  A voter registration agency shall include with each application to register to vote or group of applications which is transmitted to the county clerk or registrar of voters a transmittal form prescribed and provided by the Secretary of State.

     6.  A voter registration agency shall not void an application unless the applicant is present. If the agency voids an application, the agency shall:

     (a) Write or stamp the word “void” on the front of the application;

     (b) Forward the voided application to the county clerk; and

     (c) Maintain a record of the voided application.

     7.  A voter registration agency shall ascertain whether a file stamp obliterates the portion of the application reserved for the applicant’s signature. If a file stamp does obliterate this portion, the voter registration agency shall issue a new application to the applicant.

     8.  Before each application completed by an employee of the voter registration agency is forwarded to the county clerk or registrar of voters, it must be reviewed by the employee of the voter registration agency designated pursuant to NAC 293.4105 who shall determine whether the application is legible. If the employee determines that an application is illegible, he or she shall cause a computer-generated copy of the information contained in the records relating to the applicant’s driver’s license or identification card to be attached to the application.

     9.  A voter registration agency shall, in a form prescribed by the Secretary of State, maintain a record of the number of persons who decline to register to vote when applying for or receiving services or assistance from the agency or when submitting an application for recertification, renewal or a change of address related to such services or assistance.

     10.  A voter registration agency shall stamp the original and the voter’s receipt from the completed application with the date that the completed application is received by the agency. Except as otherwise provided in this subsection, the stamp used by the agency must not include the name of the agency.

     (Added to NAC by Sec’y of State, eff. 11-19-87; A 1-24-92; R217-97, 5-26-98; R072-06, 7-14-2006; R092-09, 10-27-2009)

      NAC 293.4105  Designation by voter registration agency of employee to ensure compliance with National Voter Registration Act of 1993. (NRS 293.124, 293.247, 293.504, 293.5045, 293.524)

     1.  Each voter registration agency shall designate one employee in each of its offices to be responsible for providing oversight and direction, as necessary, to ensure that the voter registration agency is in compliance with the provisions of 42 U.S.C. §§ 1973gg-1 et seq.

     2.  An employee designated pursuant to subsection 1 shall:

     (a) In cooperation with the county clerks and registrars of voters, conduct training programs once every 6 months to familiarize the employees of the voter registration agency with the required procedures for registering voters through the voter registration agency.

     (b) Review each completed application to register to vote that is received by the voter registration agency.

     (c) Transmit completed applications to register to vote to the county clerk or registrar of voters.

     (d) Ensure that the voter registration agency maintains an adequate supply of applications to register to vote and other materials related to voter registration.

     (e) Ensure that the Secretary of State has a current list of all titles and classifications of employees of the voter registration agency whose job duties may require the employees to:

          (1) Accept completed applications to register to vote; or

          (2) Make applications to register to vote available to a person who applies for or receives services or assistance from the agency.

     3.  For purposes of subsection 3 of NRS 293.5045, a “person whose duties will include the registration of voters” means an employee of the voter registration agency who may:

     (a) Have access to paper applications or, if applicable, electronic applications to register to vote; or

     (b) Interact with persons who:

          (1) Apply for or receive service or assistance from the voter registration agency; and

          (2) May submit applications to register to vote to the voter registration agency.

     4.  The Secretary of State will provide:

     (a) Annual training to employees designated pursuant to this section on the provisions of 42 U.S.C. §§ 1973gg-1 et seq.

     (b) Any materials that are necessary for employees designated pursuant to this section to conduct training programs pursuant to paragraph (a) of subsection 2. The Secretary of State will ensure that any such materials are updated, as necessary.

     (Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R111-11, 12-30-2011)

      NAC 293.411  Assignment of identification numbers to certain persons. (NRS 293.124, 293.247, 293.507)  The Secretary of State will assign to each county a series of numbers that must be used by the county clerk in assigning a unique identification number to a person who does not have a current and valid driver’s license issued by the Department or a social security number and wishes to register to vote pursuant to NRS 293.507. Before the clerk may issue the person an identification number, the person must sign an affidavit under penalty of perjury pursuant to subsection 5 of NRS 293.507 stating that he or she does not have a current and valid driver’s license or a social security number.

     (Added to NAC by Sec’y of State by R013-00, eff. 4-4-2000; A by R183-01, 5-10-2002; R072-06, 7-14-2006)

      NAC 293.412  Inactive voters. (NRS 293.124, 293.247, 293.440, 293.530, 293.557)

     1.  A county clerk shall:

     (a) Maintain a separate list of inactive voters or designate inactive voters as such on regular lists of registered voters and election board registers.

     (b) At the request of the Secretary of State, report to the Secretary of State the total number of inactive voters.

     2.  The name of each inactive voter:

     (a) Must be included on any list made available for public inspection pursuant to NRS 293.440 unless the person requesting the list requests the exclusion of those names.

     (b) Must not be included on any list made available for public inspection pursuant to NRS 293.557.

     3.  The signature of an inactive voter shall be deemed to be the signature of a registered voter for all purposes regarding any petition authorized or required pursuant to title 24 of NRS.

     4.  A city or county clerk:

     (a) Is not required to send a sample ballot to an inactive voter.

     (b) Is required to send an absent ballot to an inactive voter if the inactive voter requests:

          (1) An absent ballot pursuant to the provisions of NRS 293.313 or 293C.310, as applicable; or

          (2) A military-overseas ballot pursuant to the provisions of chapter 293D of NRS.

     5.  An inactive voter may vote in person at a polling place in the same manner as an active voter.

     6.  As used in this section, “inactive voter” means a voter designated as inactive pursuant to NRS 293.530 whose registration has not been cancelled.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R217-97, 5-26-98; R086-00, 8-22-2000; R072-06, 7-14-2006; R092-09, 10-27-2009; R124-11, 12-30-2011)

      NAC 293.414  Person convicted of felony. (NRS 293.124, 293.247, 293.540, 293.543)

     1.  The Secretary of State will immediately provide the county clerks with any information the Secretary of State receives from the Attorney General of the United States regarding the conviction of any person of a felony.

     2.  A county clerk may, for the purpose of making the determination to cancel the registration of a person required by subsection 3 of NRS 293.540, rely upon any information the county clerk receives from the Secretary of State pursuant to subsection 1 or from the Central Repository for Nevada Records of Criminal History regarding the conviction of any person of a felony.

     3.  The Secretary of State will immediately provide the county clerks with any information the Secretary of State receives regarding a person convicted of a felony who has had his or her right to vote restored and is currently eligible to register to vote.

     4.  A county clerk may, for purposes of determining whether a person applying to register to vote who was convicted of a felony has had his or her right to vote restored and is currently eligible to register, rely on:

     (a) The information received from the Secretary of State pursuant to subsection 3;

     (b) An order of any federal or state court restoring the right to vote to the applicant;

     (c) A document issued to the applicant by a penal agency of the State of Nevada, any other state or the Federal Government verifying that the right to vote of the applicant has been restored; or

     (d) A document issued by a penal agency of the State of Nevada, any other state or the Federal Government verifying that the applicant received a pardon or was discharged from probation, parole or prison before July 1, 2003.

     5.  If a county clerk has reason to believe that a document described in subsection 4 is invalid or forged, the county clerk shall attempt to verify the document. The county clerk must accept the document as legitimate unless the county clerk can verify that the document is invalid or forged.

     6.  If a county clerk does not receive a document described in subsection 4 within 15 days after a person who was convicted of a felony applies to register to vote, the county clerk shall reject the application of the person to register to vote. A person whose application to register to vote is rejected pursuant to this subsection may submit a new application to register to vote.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R072-06, 7-14-2006; R092-09, 10-27-2009)

      NAC 293.416  Written challenge; oath or affirmation of challenged person. (NRS 293.124, 293.247, 293.547)

     1.  A written challenge authorized by NRS 293.547 must be on a form prescribed by the Secretary of State and contain, in addition to any other required information:

     (a) The address and, if readily available, the telephone number of the person whose right to vote is challenged.

     (b) The number of the precinct in which the person whose right to vote is challenged is registered to vote.

     (c) The name, address and telephone number of the person filing the challenge.

     (d) The precinct in which the person filing the challenge is registered to vote.

     (e) The date of the challenge.

     (f) A statement of the facts upon which each ground for the challenge is based.

     (g) A statement that the challenge is based on personal knowledge of the facts upon which each ground for the challenge is based.

     2.  In addition to the requirements set forth in NRS 293.303, the oath or affirmation of a challenged person must be on a form prescribed by the Secretary of State and include, without limitation:

     (a) The address and, if readily available, the telephone number of the person whose right to vote is challenged.

     (b) The number of the precinct in which the person whose right to vote is challenged is registered to vote.

     (c) The name, address and telephone number of the person filing the challenge.

     (d) The precinct in which the person filing the challenge is registered to vote.

     (e) The date of the challenge.

     (f) A statement of the facts upon which each ground for the challenge is based.

     (g) A statement that the challenge is based on personal knowledge of the facts upon which each ground for the challenge is based.

     3.  As used in this section, “personal knowledge” means that the person who files the challenge has firsthand knowledge through experience or observation of the facts upon each ground that the challenge is based.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R163-07, 12-4-2007; R124-11, 12-30-2011)

      NAC 293.418  Written challenge: Notice to person challenged. (NRS 293.124, 293.247, 293.547)  The notice required by subsection 5 of NRS 293.547 must include a statement in substantially the following form:

 

     Even though your right to vote has been challenged, you are still registered and eligible to vote. Please contact this office immediately for information concerning how you may respond to the challenge.

 

     (Added to NAC by Sec’y of State, eff. 3-15-96)

      NAC 293.419  Form for application for registration to vote by computer: Contents. (NRS 293.124, 293.250, 293.506)  The Secretary of State will create a standard form for use by persons who are applying to register to vote by computer in counties that have established a system for using computers to register voters pursuant to NRS 293.506. The form must include:

     1.  An application to register to vote that requires a person registering to vote by computer to:

     (a) Submit all information required by state and federal law.

     (b) Include on the application the applicant’s driver’s license number and the last four digits of the applicant’s social security number.

     (c) Indicate whether or not the applicant is a citizen of the United States.

     (d) Indicate whether or not the applicant will be at least 18 years of age on election day.

     2.  A statement instructing the applicant not to complete the application by computer if:

     (a) The applicant indicated on the form that he or she is not a citizen of the United States or will not be at least 18 years of age on election day; or

     (b) The applicant does not have a driver’s license or social security number.

     3.  A place for the applicant to request to receive a sample ballot in large type.

     4.  Instructions to assist the applicant in completing the application by computer.

     5.  Instructions to the applicant to contact the county clerk if the applicant does not, within 10 calendar days after submitting the application to register to vote by computer to the county clerk, receive his or her voter registration card indicating that the registration has been accepted.

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

      NAC 293.420  Paper forms for application for registration to vote in person or by mail: Contents; submission; control number; printing. (NRS 293.124, 293.247, 293.507, 293.508, 293.5235)

     1.  The Secretary of State will create a standard paper form for use by persons who are applying to register to vote in person or by mail. The form will include:

     (a) An application to register to vote, which may be submitted in person or by mail to the county clerk of the county in which the applicant resides;

     (b) Instructions to assist the applicant in completing the application;

     (c) A notice stating that the application must contain the Nevada driver’s license number of the applicant or, if the applicant has no Nevada driver’s license, at least the last four digits of the social security number of the applicant or, if the applicant has no social security number, a unique identification number assigned by the county clerk pursuant to NAC 293.411 and subsection 5 of NRS 293.507;

     (d) A notice that if the applicant indicates on the application that the applicant is not a citizen of the United States or will not be at least 18 years of age on or before election day, the applicant may not register to vote;

     (e) The option for the applicant to receive a sample ballot in larger type; and

     (f) Instructions to the applicant to contact the county clerk if the applicant does not, within 10 days after submitting the application to the county clerk, receive his or her voter registration card indicating that the registration has been accepted.

     2.  The Secretary of State will assign a control number to each paper application and will determine the sequence of the control numbers. The control numbers will consist of a two-digit alphabetical code followed by a five-digit numerical code.

     3.  The control number must be printed:

     (a) On a receipt of the application; and

     (b) On the application to be returned to the county clerk.

     4.  On paper application forms that do not contain a control number, including, without limitation, the Federal Post Card Application submitted to a county clerk, the county clerk must enter the control number:

     (a) On the application and a receipt of the application, if the application is submitted in person; or

     (b) On the application, if the application is submitted by mail.

     5.  Each county clerk shall, after obtaining a series of control numbers from the Secretary of State, cause the paper forms to be printed. The county clerk shall continue to make available a sufficient number of the paper forms to meet the needs of the residents of the county.

     (Added to NAC by Sec’y of State, eff. 1-24-92; A 6-28-94; R086-00, 8-22-2000; R183-01, 5-10-2002; R072-06, 7-14-2006; R111-11 & R124-11, 12-30-2011)

      NAC 293.425  Forms for application for registration: Availability; dissemination by request; request for multiple applications. (NRS 293.124, 293.247, 293.509)

     1.  The county clerk shall make the forms to apply to register available to individual candidates, political parties, civic groups, and groups organized for or against questions on a ballot.

     2.  Except as otherwise provided in subsection 3, an applicant may request such a form from the clerk in person, by telephone, in writing or by electronic facsimile machine. The clerk shall respond to each such request by mailing the requested form within 5 working days.

     3.  Each request for more than 50 such forms must be made on a request form prescribed by the Secretary of State that requires the person or group requesting such forms to describe a plan for distribution of the forms, including, without limitation, identification of the county or counties with which the person or group plans to file the completed forms.

     4.  The county clerk shall, and the Secretary of State will, record on the completed request form the control numbers assigned to the applications which he or she provided in response to the request. The Secretary of State will provide a copy of the completed request form to each county clerk in the counties identified in the distribution plan provided pursuant to subsection 3. The county clerk shall, and the Secretary of State will, maintain the request for multiple applications with his or her records.

     (Added to NAC by Sec’y of State, eff. 1-24-92; A by R072-06, 7-14-2006)

      NAC 293.430  Forms for application for registration: Dissemination at public locations. (NRS 293.124, 293.247)

     1.  The county clerk shall, after obtaining written permission from the responsible person, make the forms to apply to register available as appropriate throughout his or her county at:

     (a) United States Post Offices;

     (b) Public libraries;

     (c) Local offices of public utilities;

     (d) Financial institutions;

     (e) Community centers for aging persons;

     (f) Educational institutions;

     (g) Governmental offices;

     (h) Offices of county and state political central committees;

     (i) Union halls;

     (j) Offices of civic organizations;

     (k) Campaign headquarters of presidential, federal and statewide candidates;

     (l) Places of worship; and

     (m) Such other locations as the county clerk deems appropriate.

     2.  At each location where the forms are made available, the county clerk shall post a notice requesting persons to take no more than one form per person.

     (Added to NAC by Sec’y of State, eff. 1-24-92; A by R072-06, 7-14-2006)

      NAC 293.435  Mailing of application for registration to county clerk. (NRS 293.124, 293.247, 293.5235)

     1.  An applicant who is registering to vote or his or her assistant, who is acting in accordance with subsection 2 of NAC 293.440, shall pay any postage required to return the application to the county clerk, unless the application is preprinted with the address of the county clerk of the county in which the applicant resides and the application provides for postage paid return of such application.

     2.  If the application is postage paid and preprinted with the address of a county clerk of a county that is not the county in which the applicant resides, the applicant or his or her assistant, who is acting in accordance with subsection 2 of NAC 293.440, shall correct the address of the county clerk and pay any postage required to return the application to the county in which the applicant resides.

     (Added to NAC by Sec’y of State, eff. 1-24-92; A 5-5-92; R072-06, 7-14-2006)

      NAC 293.440  Restrictions on alteration of application for registration. (NRS 293.124, 293.247)

     1.  A county clerk, a field registrar, an employee of a voter registration agency, a person assisting an applicant to register to vote or any other person providing a form for the application to register to vote to an elector for the purpose of registering to vote shall not alter or deface a blank application form in any way other than by addressing the form to the applicant and affixing postage.

     2.  Such an application must not be marked, stamped, or partially or fully completed by anyone other than:

     (a) An applicant who is attempting to register to vote; or

     (b) Another person who is assisting the applicant after being requested by the applicant to do so.

     (Added to NAC by Sec’y of State, eff. 1-24-92; A by R092-09, 10-27-2009)

      NAC 293.445  Submission by county clerk of plan for applications for upcoming year. (NRS 293.124, 293.247)

     1.  On or before December 31 of each year, each county clerk shall submit to the Secretary of State for approval a plan for the upcoming year which indicates the public locations at which applications for registration by mail will be made available to the public. The plan must include a description of the method to be used to monitor the supply of forms at each such location.

     2.  In addition, the plan must establish a procedure to account for each such form by its control number at each public location and a procedure for controlling the bulk distribution of the forms, including:

     (a) The keeping of related records;

     (b) The training of the persons who will be distributing the forms; and

     (c) Plans for the contingent acquisition of forms in the event that the supply becomes depleted.

     3.  If no change is requested in the plan which was approved for the previous year, the county clerk may indicate that fact to the Secretary of State instead of submitting a new plan for the upcoming year.

     (Added to NAC by Sec’y of State, eff. 1-24-92)

      NAC 293.450  Notice of incomplete application for registration by mail. (NRS 293.124, 293.247, 293.5235)  The notice sent pursuant to NRS 293.5235 to an applicant for registration by mail which informs him or her that the application is incomplete must:

     1.  Allow the applicant to provide the information needed to complete the application; or

     2.  If the applicant is required to complete and submit a new application, include an explanation to the applicant of the reason why a new application is required and a new application form.

     (Added to NAC by Sec’y of State, eff. 1-24-92; A 6-28-94; R072-06, 7-14-2006)

STATEWIDE VOTER REGISTRATION LIST

      NAC 293.454  Establishment and maintenance of computerized database of registered voters. (NRS 293.124, 293.675)

     1.  Each county clerk shall establish and maintain a computerized database of registered voters in the county that is compatible with the statewide voter registration list and meets such technical requirements as may be prescribed by the Secretary of State. The database must include, without limitation:

     (a) Except as otherwise provided in NAC 293.476, the name, residential address and date of birth of each registered voter in the county;

     (b) For each registered voter described in paragraph (a):

          (1) At least one of the following:

               (I) The driver’s license number or identification card number of the registered voter;

               (II) The last four digits of the social security number of the registered voter; or

               (III) An indication that the county clerk received from the registered voter the affidavit described in subsection 5 of NRS 293.507;

          (2) A voting history indicating the dates on which and locations at which the registered voter cast a ballot in an election;

          (3) Except as otherwise provided in NRS 293.2725, whether the registered voter provided, at the time that he or she registered to vote, official identification as required pursuant to NRS 293.517;

          (4) If the county clerk has mailed a written notice to the voter pursuant to NRS 293.530, the date that the notice was mailed and an indication of whether the registered voter responded to the notice;

          (5) If the county clerk has designated the registered voter as inactive pursuant to NRS 293.530, the effective date of the designation;

          (6) If the county clerk has cancelled the registration of the registered voter, the effective date of the cancellation; and

          (7) If the registered voter submitted his or her application to register to vote on or after January 1, 2006, a determination of whether the registered voter has submitted a ballot in a federal election; and

     (c) A determination of whether the registered voter submitted to the county clerk an application to register to vote that contains incorrect or incomplete information.

     2.  The county clerk shall classify the registration of each registered voter in the computerized database established pursuant to subsection 1 using the following classifications, as applicable:

     (a) “Active,” if the residential address of the registered voter is current.

     (b) “Active pending,” if the registered voter:

          (1) Has provided all critical eligibility criteria but must have information concerning his or her registration confirmed; or

          (2) Is required to provide some type of identification before voting but is otherwise eligible to vote.

     (c) “Cancelled,” if the registration of the registered voter is cancelled pursuant to NRS 293.530.

     (d) “Fatal pending,” if the registered voter has failed to provide certain critical eligibility criteria and is ineligible to vote until the critical eligibility criteria is provided to the county clerk.

     (e) “Inactive,” if the registered voter failed to return a postcard mailed pursuant to subsection 3 of NRS 293.530.

     (f) “P-17,” if the registered voter was under 18 years of age at the time he or she submitted the application to register to vote but will be 18 years of age or older on or before the day of the election.

     (g) “Void,” if the application of the person to register to vote is void pursuant to subsection 6 of NRS 293.5235 or subsection 4 of NRS 293.524.

     3.  Each election board officer shall determine the eligibility of a person to vote on the basis of the classification indicated on the statewide voter registration list for the following classifications:

     (a) A person whose registration is classified as “active,” “active pending” or “inactive” is eligible to vote.

     (b) A person whose registration is classified as “P-17” is eligible to vote if the election takes place on or after the person’s 18th birthday.

     (c) A person whose registration is classified as “cancelled,” “fatal pending” or “void” is ineligible to vote, unless the county clerk, deputy clerk or election board officer determines on or before the date of the election that, pursuant to law, the person is eligible to vote.

     4.  As used in this section, “critical eligibility criteria” includes the signature of the registered voter on his or her application to register to vote, the information described in paragraph (a) of subsection 1 and the information described in subparagraph (1) of paragraph (b) of subsection 1.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.456  Duties of county clerk. (NRS 293.124, 293.675)  Each county clerk shall:

     1.  Electronically enter into the computerized database established pursuant to NAC 293.454 all information relating to voter registration obtained by the county clerk at the time the information is provided to the county clerk; and

     2.  For each person who is described in subsection 2 of NRS 293.2725, indicate such fact in the statewide voter registration list in the form prescribed by the Secretary of State.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.458  Electronic transfer of information to Secretary of State; certification; authorized access. (NRS 293.124, 293.675)

     1.  Each county clerk shall, at least once each business day, electronically transfer the information contained in the computerized database established pursuant to NAC 293.454 to the statewide voter registration list. Each transfer must comply with such technical requirements as may be prescribed by the Secretary of State.

     2.  When a county clerk electronically transfers information to the statewide voter registration list pursuant to subsection 1, the county clerk must certify that:

     (a) The information is accurate and complies with relevant state and federal law; and

     (b) The county clerk has complied with such applicable technical requirements for security as may be prescribed by the Secretary of State to ensure the confidentiality of the information transferred pursuant to subsection 1.

     3.  Each county clerk shall ensure that only authorized personnel may access the computerized database established pursuant to NAC 293.454.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.462  Verification of information by Secretary of State. (NRS 293.124, 293.675)  On each business day, the Secretary of State will check the contents of the statewide voter registration list by:

     1.  Determining whether any person is included as a registered voter in the statewide voter registration list more than once.

     2.  For every registered voter who submitted an application to register to vote on or after January 1, 2006, comparing the driver’s license number, identification card number or last four digits of the social security number of the voter set forth in the statewide voter registration list, if any, with the information in the appropriate database of the Department.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.464  Comparison to vital statistics records to identify voters indicated as deceased. (NRS 293.124, 293.675)

     1.  On each business day, the Secretary of State will compare the statewide voter registration list to the vital statistics records maintained by the State Registrar of Vital Statistics.

     2.  If the Secretary of State determines from the comparison made pursuant to subsection 1 that a registered voter is indicated as deceased in the vital statistics records:

     (a) The Secretary of State will notify the county clerk of the county in which the voter is registered to vote.

     (b) Upon receipt of the notification described in paragraph (a), the county clerk shall determine whether the registered voter is deceased and, if so, indicate that the registration of the voter is cancelled in the computerized database established pursuant to NAC 293.454 and in the statewide voter registration list.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.466  Correction of inaccurate or duplicative information; casting of provisional ballot in certain circumstances. (NRS 293.124, 293.675)

     1.  If a county clerk receives notice from the Secretary of State or another county clerk that the statewide voter registration list contains information that is potentially inaccurate, duplicative or otherwise requiring verification, the county clerk shall, not later than 5 calendar days after receiving such notification, take such action as is necessary to correct the information in the statewide voter registration list and in the computerized database established pursuant to NAC 293.454.

     2.  If the county clerk is unable to obtain the correct information relating to the voter that is described in subsection 1 before the day of an election, the voter must show such identification before any ballot may be cast, except that a voter may cast a provisional ballot pursuant to the provisions of NRS 293.3081 to 293.3086, inclusive.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.468  Recording of cancelled registration of voter. (NRS 293.124, 293.675)  If a county clerk is required to cancel the registration of a person pursuant to subsection 3 of NRS 293.540, the county clerk shall ensure that the cancellation is recorded in the computerized database established pursuant to NAC 293.454 and in the statewide voter registration list.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.472  Record of official list of registered voters: Use to determine voter eligibility and validity of any provisional ballots cast; amendments list; preparation of registers, rosters and lists used at polling places. (NRS 293.124, 293.675)

     1.  At the close of business on the 19th calendar day before a particular election, the Secretary of State will make a record, to be used by each county clerk, of the official list of registered voters in this State for that election.

     2.  The official list of registered voters distributed pursuant to subsection 1:

     (a) Except as otherwise provided in subsection 3, must be used to determine voter eligibility and the validity of any provisional ballot cast in the election; and

     (b) May only be amended by the Secretary of State or a county clerk under the following circumstances:

          (1) A court of competent jurisdiction orders such amendment;

          (2) A person registers to vote pursuant to NRS 293.502 after the 19th calendar day before the election;

          (3) Pursuant to the provisions of NAC 293.462 to 293.468, inclusive, or 293.476; or

          (4) The clerk determines that the voter was incorrectly omitted from the list of registered voters.

     3.  Each county clerk shall prepare registers, rosters and lists used at polling places by using the information contained in the computerized database established pursuant to NAC 293.454 if such information is identical to the information contained in the official list of registered voters distributed pursuant to subsection 1.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.474  Voting history: Format and contents. (NRS 293.124, 293.675)  Each county clerk shall submit to the Secretary of State, not later than 45 business days after each primary or general election, a voting history for each voter in the county who cast a ballot in the election. The voting history must be in the format prescribed by the Secretary of State and must indicate the dates on which and locations at which each registered voter cast a ballot.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

      NAC 293.476  Exclusion of confidential address; indication of request to withhold voter’s address and telephone number. (NRS 293.124, 293.675)

     1.  The Secretary of State will not and the county clerks shall not include in the statewide voter registration list the confidential address of a person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, and who has registered to vote pursuant to NRS 293.5002.

     2.  If a registered voter submits to a county clerk pursuant to NRS 293.558 a written request to have the voter’s address and telephone number withheld from the public, the county clerk shall indicate such fact in the computerized database established pursuant to NAC 293.454 and in the statewide voter registration list.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)

COMPLAINTS ALLEGING VIOLATION OF TITLE III OF HELP AMERICA VOTE ACT OF 2002

      NAC 293.500  Definitions. (NRS 293.124, 293.247, 293.4685)  As used in NAC 293.500 to 293.560, inclusive, unless the context otherwise requires, the words and terms defined in NAC 293.505 and 293.510 have the meanings ascribed to them in those sections.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.505  “Complainant” defined. (NRS 293.124, 293.247, 293.4685)  “Complainant” means a person who files a complaint with the Secretary of State pursuant to NAC 293.515.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.510  “Respondent” defined. (NRS 293.124, 293.247, 293.4685)  “Respondent” means a state or local election official against whom a complaint is filed pursuant to NAC 293.515.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.515  Filing; form; delivery of copy to respondents. (NRS 293.124, 293.247, 293.4685)

     1.  A person who believes that a violation of Title III of the Help America Vote Act of 2002, Public Law 107-252, 42 U.S.C. §§ 15481 to 15502, inclusive, has occurred, is occurring or is about to occur may file a complaint with the Office of the Secretary of State.

     2.  A complaint filed pursuant to subsection 1 must:

     (a) Be in writing, notarized and signed and sworn by the complainant. If the Secretary of State prescribes a form for the complaint, the complaint must be filed on that form.

     (b) Provide the name of each respondent and a concise statement of the facts of the alleged violation of 42 U.S.C. §§ 15481 to 15502, inclusive.

     (c) Be filed in the Office of the Secretary of State in Carson City:

          (1) Not later than 60 days after the occurrence of the action or event that forms the basis for the complaint or for the belief of the complainant that a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, is about to occur; or

          (2) Not later than 60 days after the complainant knew or, with the exercise of reasonable diligence, should have known of the action or event that forms the basis for the complaint or for the belief of the complainant that a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, is about to occur,

Ê whichever is later.

     3.  The complainant shall mail or deliver a copy of the complaint to each respondent not later than the date on which the complaint is filed.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.520  Review; dismissal and refiling. (NRS 293.124, 293.247, 293.4685)

     1.  The Secretary of State or a designee thereof will review each complaint filed pursuant to NAC 293.515 to determine whether the complaint:

     (a) States a violation of 42 U.S.C. §§ 15481 to 15502, inclusive; and

     (b) Complies with the requirements of NAC 293.515.

     2.  If a complaint fails to state a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, or does not comply with the requirements of NAC 293.515, the complaint will be dismissed without further action and notice of the dismissal will be provided to the complainant.

     3.  Except as otherwise provided in subsection 4, a complainant whose complaint has been dismissed pursuant to this section may refile the complaint within the time set forth in paragraph (c) of subsection 2 of NAC 293.515.

     4.  A complainant whose complaint has been dismissed for failure to state a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, may refile the complaint only one time.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.525  Consolidation; official record. (NRS 293.124, 293.247, 293.4685)

     1.  The Secretary of State may consolidate complaints filed pursuant to NAC 293.515 if the complaints relate to the same action or event or raise a common question of law or fact. The Secretary of State will notify all interested parties if two or more complaints have been consolidated.

     2.  The Secretary of State will compile and maintain an official record in connection with each complaint filed pursuant to NAC 293.515.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.530  Hearing: Request; date; notice; nature. (NRS 293.124, 293.247, 293.4685)

     1.  A complainant may request in a complaint filed pursuant to NAC 293.515 that the Secretary of State hold a hearing on the complaint.

     2.  If a complainant requests a hearing in accordance with subsection 1, the Secretary of State or a designee thereof will conduct a hearing on the complaint, unless the complaint is dismissed pursuant to NAC 293.520. The hearing will be held not sooner than 10 days but not later than 30 days after a request for a hearing has been made in accordance with subsection 1.

     3.  The Secretary of State will provide notice of the date, time and place of the hearing at least 10 business days before the hearing:

     (a) By mailing a copy of the notice to the complainant, each respondent and any interested person who has requested in writing to be advised of the hearing;

     (b) By posting a copy of the notice in a prominent place at the Office of the Secretary of State that is available to the general public; and

     (c) By posting a copy of the notice on the website of the Secretary of State.

     4.  A hearing held pursuant to this section is not a contested case for the purposes of chapter 233B of NRS.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.535  Hearing: Hearing officer; procedure. (NRS 293.124, 293.247, 293.4685)

     1.  Except as otherwise provided in this subsection, the Secretary of State or a designee thereof will act as the hearing officer for a hearing held pursuant to NAC 293.530. If the Secretary of State is a respondent in the complaint, the Secretary of State will appoint a designee who is an independent professionally qualified person to act as the hearing officer.

     2.  The complainant, any respondent and any interested member of the public may appear at the hearing, in person or by teleconference, and testify or present relevant evidence in connection with the complaint. All testimony to be considered in the hearing will be taken under oath. The hearing officer may limit the testimony of witnesses, if necessary, to ensure that all interested persons may present their views. The hearing officer may recess the hearing and reconvene the hearing at a later date, time and place, which must be announced publicly at the hearing.

     3.  A complainant, respondent or other person who testifies or presents evidence at the hearing may, but need not, be represented by an attorney.

     4.  Cross-examination at the hearing will be permitted only at the discretion of the hearing officer, but a person may testify or present evidence at the hearing to contradict any other testimony or evidence presented at the hearing. If a person has already testified or presented evidence at the hearing and wishes to contradict testimony or evidence presented subsequently, that person is entitled to be heard again only at the discretion of the hearing officer, who may authorize the person to provide an oral or written response, or both.

     5.  The hearing will be recorded on audiotape by and at the expense of the Office of the Secretary of State. The recording will not be transcribed, but the Secretary of State, a local board of elections or any party to the hearing may obtain a transcript of the hearing at its own expense. If a board or party obtains a transcript of a hearing, the board or party shall file a copy of the transcript as part of the record and any other interested party may examine the copy of the transcript on record.

     6.  Any party to the proceeding may file a written brief or memorandum with the hearing officer not later than 5 business days after the conclusion of the hearing. The party shall serve a copy of any such written brief or memorandum on all other parties not later than the time the written brief or memorandum is filed with the hearing officer. No responsive or reply memorandum to such a brief or memorandum will be accepted without the specific authorization of the hearing officer.

     7.  At the conclusion of the hearing and after any brief or memorandum has been filed pursuant to subsection 6, the hearing officer will determine whether, by a preponderance of the evidence, a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, has occurred, is occurring or is about to occur.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.540  Review and determination when no hearing requested. (NRS 293.124, 293.247, 293.4685)  If a complainant has not requested a hearing on a complaint filed pursuant to NAC 293.515, the Secretary of State or a designee thereof will review the complaint and any accompanying record and determine whether, by a preponderance of the evidence, a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, has occurred, is occurring or is about to occur. If the Secretary of State is a respondent in the complaint, the Secretary of State will appoint an independent professionally qualified person to act as the designee pursuant to this section.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.545  Remedial action or dismissal; issuance of final determination. (NRS 293.124, 293.247, 293.4685)

     1.  If the Secretary of State or a designee thereof, whether acting as a hearing officer pursuant to NAC 293.535 or reviewing a complaint pursuant to NAC 293.540, determines that a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, has occurred, is occurring or is about to occur, the Secretary of State or the designee will provide the appropriate remedy, including, without limitation, an order to a respondent commanding the respondent to take specified action or prohibiting the respondent from taking specified action, with respect to a past or future election. Such a remedy will not include an award of money damages or attorney’s fees.

     2.  If the Secretary of State or the designee, whether acting as a hearing officer pursuant to NAC 293.535 or reviewing a complaint pursuant to NAC 293.540, determines that a violation of 42 U.S.C. §§ 15481 to 15502, inclusive, has not occurred, is not occurring or is not about to occur, the Secretary of State or the designee will dismiss the complaint.

     3.  The Secretary of State or the designee will issue a final determination on a complaint made pursuant to subsection 1 or 2 in writing. The final determination will include an explanation of the reasons for the determination and, if applicable, the remedy selected.

     4.  Except as otherwise provided in NAC 293.550, a final determination of the Secretary of State or the designee on a complaint will be issued within 90 days after the complaint is filed, unless the complainant consents in writing to an extension. The final determination will be:

     (a) Mailed to the complainant, each respondent and any interested person who has requested in writing to be advised of the final determination;

     (b) Posted on the website of the Secretary of State; and

     (c) Made available by the Secretary of State, upon request, to any interested person.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.550  Proceedings for alternative dispute resolution. (NRS 293.124, 293.247, 293.4685)

     1.  If the Secretary of State or a designee thereof does not render a final determination on a complaint filed pursuant to NAC 293.515 within 90 days after the complaint is filed, or within any extension period to which the complainant has consented, the Secretary of State will, on or before the fifth business day after the final determination was due to be issued, initiate proceedings for alternative dispute resolution by:

     (a) Retaining an independent, professionally qualified person to act as an arbitrator, if the complainant consents in writing to his or her appointment as the arbitrator at the time of the appointment; or

     (b) Designating in writing to the complainant the name of an arbitrator to serve on an arbitration panel to resolve the complaint. If proceedings for alternative dispute resolution are initiated pursuant to this paragraph, not later than 3 business days after the complainant receives such a designation from the Secretary of State, the complainant shall designate in writing to the Secretary of State the name of a second arbitrator. Not later than 3 business days after such a designation by the complainant, the two arbitrators so designated shall select a third arbitrator to complete the panel.

     2.  The arbitrator or arbitration panel may review the record compiled in connection with the complaint, including, without limitation, the audio recording of the hearing, any transcript of the hearing and any briefs or memoranda submitted by the parties but shall not receive any additional testimony or evidence unless the arbitrator or arbitration panel requests that the parties present additional briefs or memoranda.

     3.  The arbitrator, or arbitration panel by a majority vote, shall determine the appropriate resolution of the complaint.

     4.  The arbitrator or arbitration panel shall issue a written resolution of the complaint not later than 60 days after the final determination of the Secretary of State was due pursuant to NAC 293.545. This period for issuing a written resolution will not be extended.

     5.  The final resolution of the arbitrator or arbitration panel will be:

     (a) Mailed to the complainant, each respondent and any other person who requested in writing to be advised of the final resolution;

     (b) Posted on the website of the Secretary of State; and

     (c) Made available by the Secretary of State, upon request, to any interested person.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.555  Final determination or resolution not subject to appeal. (NRS 293.124, 293.247, 293.4685)  A final determination of the Secretary of State or a designee thereof pursuant to NAC 293.535, 293.540 or 293.545 or the final resolution of an arbitrator or arbitration panel pursuant to NAC 293.550 is not subject to appeal in any state or federal court.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)

      NAC 293.560  Assistance in using procedures. (NRS 293.124, 293.247, 293.4685)  The Secretary of State will make reasonable accommodations to assist persons in using the procedures set forth in NAC 293.500 to 293.560, inclusive.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)