[Rev. 11/21/2013 10:46:28 AM--2013]

CHAPTER 293B - MECHANICAL VOTING SYSTEMS

GENERAL PROVISIONS

NRS 293B.010        Definitions.

NRS 293B.027        “Election board” defined.

NRS 293B.032        “Mechanical recording device” defined.

NRS 293B.033        “Mechanical voting system” defined.

NRS 293B.050        Authorization for use of mechanical voting system.

NRS 293B.053        Applicability of chapter to city elections.

NRS 293B.055        Applicability of other statutes, charters and ordinances.

NRS 293B.060        Conflicting laws inapplicable.

REQUIREMENTS

NRS 293B.063        System to meet or exceed standards established by Federal Election Commission pursuant to federal law.

NRS 293B.065        Privacy and independence.

NRS 293B.070        Full choice of candidates and measures.

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

NRS 293B.080        “Straight” or “split” ticket.

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

NRS 293B.084        Required features and design of mechanical recording device which directly records votes electronically; availability and use of paper record for manual audit.

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

NRS 293B.090        Prevention of voting more than once.

NRS 293B.095        Measures on which voter is entitled to vote.

NRS 293B.100        Correct registration or recording of votes.

NRS 293B.103        Voting receipts.

APPROVAL AND ADOPTION

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

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

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

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

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

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

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

NRS 293B.125        Cost of mechanical voting system; payment for system.

COMPUTER PROGRAMS

NRS 293B.130        Requirements.

NRS 293B.135        Filing before election; inspection.

TESTING OF EQUIPMENT AND PROGRAMS

NRS 293B.140        Appointment of accuracy certification board.

NRS 293B.145        Observation of conduct of tests.

NRS 293B.150        Tests required before first day of early voting.

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

NRS 293B.165        Tests required before and after counting of ballots; certification of tests by accuracy certification board.

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

BALLOTS

NRS 293B.175        Official ballot in mechanical voting system.

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

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

NRS 293B.190        Primary elections: Partisan and nonpartisan arrangement of list of candidates and measures to be voted on at election.

NRS 293B.195        Sample ballots: Open for inspection.

NRS 293B.200        Sample ballots: Size; instructions for voting.

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

PREPARATION FOR OPENING POLLS

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

NRS 293B.225        Employment of competent persons by clerk; oaths.

NRS 293B.230        Employment of qualified persons only.

NRS 293B.235        Duties of assistants before opening polls.

NRS 293B.240        Testing of mechanical recording device by clerk.

NRS 293B.245        Examination of mechanical recording devices by representatives of political parties before election.

NRS 293B.250        Light in voting booth.

NRS 293B.255        Booth must conceal mechanical recording device.

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

NRS 293B.265        Uninstructed members not to serve; exception.

NRS 293B.270        Meetings for instruction; duty to attend.

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

NRS 293B.283        Election board to ensure ballots previously voted on mechanical voting system not recorded as voted on that day.

CONDUCT OF VOTING

NRS 293B.285        Visibility and placement of mechanical recording devices.

NRS 293B.290        Periodic inspection of mechanical recording devices.

NRS 293B.295        Exclusion of voter until right to vote ascertained.

NRS 293B.300        Primary elections: Issuance of partisan ballot; directions to voter.

NRS 293B.305        Primary elections: Issuance of nonpartisan ballot; alternative directions to voter.

NRS 293B.310        Primary elections: Optional manner of voting when party comprises less than 5 percent of voters.

NRS 293B.315        Information concerning operation of mechanical recording device to be given to voter before entering booth; subsequent information.

PROCESSING OF BALLOTS

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

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

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

NRS 293B.345        Board relieved of responsibility after delivery and receipt.

NRS 293B.350        Clerk to supervise operation of central counting place.

NRS 293B.353        Clerk to allow members of general public to observe counting of ballots at central counting place; members of general public allowed to photograph or otherwise record counting of ballots; request for photograph or recording of counting of ballots.

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

NRS 293B.355        Responsibility for proper operation and use of computer or counting device owned or leased by State.

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

NRS 293B.365        Duties of central ballot inspection board.

NRS 293B.370        Duties of absent ballot mailing precinct inspection board.

NRS 293B.375        Duties of ballot duplicating board.

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

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

NRS 293B.390        Additional duties of accuracy certification board.

NRS 293B.400        Paper record required in event of recount or contest of election; duty of clerk to collect and deposit paper records.

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GENERAL PROVISIONS

      NRS 293B.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 293B.027, 293B.032 and 293B.033 have the meanings ascribed to them in those sections.

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

      NRS 293B.027  “Election board” defined.  “Election board” means the persons appointed by each county or city clerk to assist in the conduct of an election.

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

      NRS 293B.032  “Mechanical recording device” defined.  “Mechanical recording device” means a device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on.

      (Added to NRS by 1985, 1098; A 2007, 1167, 2605)

      NRS 293B.033  “Mechanical voting system” defined.  “Mechanical voting system” means a system of voting whereby a voter may cast a vote:

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

      2.  By marking a paper ballot which is subsequently counted on an electronic tabulator, counting device or computer.

      (Added to NRS by 1985, 1098; A 1995, 2787; 2007, 1167, 2605)

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

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

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

      (Added to NRS by 1997, 3470)

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

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

      NRS 293B.060  Conflicting laws inapplicable.  Any provision of an ordinance which conflicts with the provisions of this chapter does not apply to the districts or precincts in which mechanical voting systems are used, nor to conduct at a central counting place. All ordinances in conflict with any of the provisions of this chapter are of no force or effect in election districts or precincts where mechanical voting systems are used, nor with respect to conduct at a central counting place.

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

REQUIREMENTS

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

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

      NRS 293B.065  Privacy and independence.  A mechanical voting system must secure to the voter privacy and independence in the act of voting.

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

      NRS 293B.070  Full choice of candidates and measures.  A mechanical voting system must provide facilities for voting for the candidates of as many political parties or organizations as may make nominations, and for or against measures.

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

      NRS 293B.075  Full choice of candidates for offices; vote against all candidates.  A mechanical voting system must permit the voter to vote for any person for any office for which he or she has the right to vote, but none other, or indicate a vote against all candidates.

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

      NRS 293B.080  “Straight” or “split” ticket.  A mechanical voting system must, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.

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

      NRS 293B.082  Record of votes cast; record printed on paper.  Each mechanical voting system must provide a record of the votes cast on that system. The record must be printed on paper.

      (Added to NRS by 1995, 2785)

      NRS 293B.084  Required features and design of mechanical recording device which directly records votes electronically; availability and use of paper record for manual audit.

      1.  A mechanical recording device which directly records votes electronically must:

      (a) Bear a number which identifies that mechanical recording device.

      (b) Be equipped with a storage device which:

             (1) Stores the ballots voted on the mechanical recording device;

             (2) Can be removed from the mechanical recording device for the purpose of transporting the ballots stored therein to a central counting place; and

             (3) Bears the same number as the mechanical recording device.

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

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

             (1) Each ballot voted on the mechanical recording device; and

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

      2.  The paper record described in paragraph (d) of subsection 1 must be printed and made available for a manual audit, as necessary.

      (Added to NRS by 1995, 2786; A 2003, 1657, 2187, 3516; 2007, 2605)

      NRS 293B.085  Several elective to same offices; effect of overvote.  A mechanical voting system must permit the voter to vote for as many persons for an office as the voter is lawfully entitled to vote for, but no more. If a voter casts more votes for an office than the voter is lawfully entitled, the counting device or electronic computer must be programmed so that those votes are not counted. The remainder of the voter’s ballot must be counted if it is otherwise lawfully voted.

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

      NRS 293B.090  Prevention of voting more than once.  A mechanical voting system must prevent the voter from voting for the same person more than once for the same office.

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

      NRS 293B.095  Measures on which voter is entitled to vote.  A mechanical voting system must permit the voter to vote for or against any measure the voter may have the right to vote on, but none other.

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

      NRS 293B.100  Correct registration or recording of votes.  A mechanical recording device must correctly register or record, on the voter’s ballot, all votes cast for any and all persons and for or against any and all measures.

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

      NRS 293B.103  Voting receipts.  If a mechanical voting system is used whereby votes are directly recorded electronically, a voting receipt may be used.

      (Added to NRS by 1983, 1289; A 1985, 1100; 1995, 2787; 2007, 1167, 2606)

APPROVAL AND ADOPTION

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

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

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

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

      (a) Approved by the Secretary of State pursuant to subsection 2; or

      (b) Specifically authorized by law.

Ê The system or device may be used at any or all elections held in the county or city, for voting, registering and counting votes cast.

      2.  A person who owns or has an interest in a mechanical voting system or mechanical recording device may submit an application to the Secretary of State to have the system or device examined for approval for use during the elections of this State. The Secretary of State shall approve or disapprove the use of such a system or device not later than 120 days after the application is submitted.

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

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

      (b) Prepare a report of the results of the examination for the Secretary of State which includes a statement of the examiner’s opinion regarding the feasibility of using such a system or device during the elections of this State with consideration for the safe and proper operation of the system or device under the conditions prescribed by the applicable election laws.

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

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

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

      (b) The Secretary of State determines after independently examining the system or device that it can be used safely and properly in this State.

      6.  Before a city or county may change or improve a system or device that has been approved by the Secretary of State, it must obtain approval from the Secretary of State. If any change or improvement does not comply with the requirements of this section, the Secretary of State shall not approve the use or sale of any system or device that incorporates the change or improvement in this State.

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

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

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

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

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

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

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

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

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

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

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

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

      2.  The Secretary of State may pay for such devices purchased pursuant to subsection 1 out of any money specifically appropriated for that purpose by the Legislature.

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

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

      1.  The Secretary of State and each participating county shall enter a written agreement designated as “Lease of Equipment with Option to Purchase.” Each agreement must provide in substance:

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

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

      (c) That the aggregate of rental payments provided for under the maximum term of the lease agreement must equal the aggregate of the purchase price of the mechanical recording devices covered by the agreement, together with all interest, shipping, installation and other costs paid or agreed to be paid by the State. Upon payment of the latter aggregate sum by any lessee to the State, the State shall forthwith convey to that lessee legal title to the systems covered by the paid agreement.

      2.  The Secretary of State shall promptly transmit all rental payments received under all such agreements to the State General Fund.

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

      NRS 293B.125  Cost of mechanical voting system; payment for system.

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

      2.  The board of county commissioners or city council or other governing body of any city may provide for the payment of the costs of such a voting system in such manner and by such method as they consider in the best local interests, and also may for that purpose issue bonds, certificates of indebtedness, or other obligations which are a charge on the county or city. The bonds, certificates or other obligations may be issued with or without interest, payable at such time as the authorities may determine, but may not be issued or sold at less than par.

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

COMPUTER PROGRAMS

      NRS 293B.130  Requirements.

      1.  Before any election where a mechanical voting system is to be used, the county clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

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

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

      (c) If the election is:

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

             (2) A general election,

Ê the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.

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

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

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

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

      NRS 293B.135  Filing before election; inspection.

      1.  A copy of each election computer program certified by the accuracy certification board for an election in the State must be filed with the Secretary of State at least 1 week before the election. Copies of any subsequent alterations in the program must be filed in the same manner before the election.

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

      3.  A copy of a program may be inspected:

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

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

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

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

TESTING OF EQUIPMENT AND PROGRAMS

      NRS 293B.140  Appointment of accuracy certification board.  Before conducting the test required pursuant to the provisions of NRS 293B.150, the county or city clerk shall appoint three persons, not more than two of whom are of the same political party, to serve as an accuracy certification board. Not more than two of the persons appointed to the board may be employees of the county or city.

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

      NRS 293B.145  Observation of conduct of tests.

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

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

      (Added to NRS by 1975, 1526)

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

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

      2.  The automatic tabulating equipment and programs, if any,

Ê to ascertain that the device or equipment and programs will correctly count the votes cast for all offices and on all measures.

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

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

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

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

      3.  When satisfied with the accuracy of the mechanical recording device or automatic tabulating equipment and computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, and seal the program, if any, and the reports and all test material in an appropriate container. The container must be kept sealed by the clerk.

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

      (Added to NRS by 1975, 1526; A 1981, 1743; 1987, 358; 1989, 2171; 1995, 2788; 1999, 3554; 2007, 1167, 2606)

      NRS 293B.165  Tests required before and after counting of ballots; certification of tests by accuracy certification board.

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

      2.  Such tests must be certified by the accuracy certification board.

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

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

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

BALLOTS

      NRS 293B.175  Official ballot in mechanical voting system.  In those districts or precincts in which a mechanical voting system is used, the list of offices and candidates and the statements of measures appropriate for use with that system in combination with the device upon which a vote is registered is an official ballot.

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

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

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

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

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

      NRS 293B.190  Primary elections: Partisan and nonpartisan arrangement of list of candidates and measures to be voted on at election.  When used in primary elections, the list of offices and candidates and the statements of measures to be voted on for each mechanical recording device, except those devices intended solely for nonpartisan voters, must be so arranged that it contains a page or pages setting forth the ballot of one major political party only, followed by a page or pages setting forth the nonpartisan ballot and so that the voter may cast partisan and nonpartisan votes on a single ballot but may not cast partisan votes for a candidate of another major political party.

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

      NRS 293B.195  Sample ballots: Open for inspection.  The sample ballots of mechanical voting systems must be open to public inspection at the polling place during the election day.

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

      NRS 293B.200  Sample ballots: Size; instructions for voting.  The sample ballots must be in full or reduced size and contain suitable illustrated directions for voting on the mechanical recording device.

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

      NRS 293B.205  Sample ballots: Availability at polling place; form.  The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which must be arranged in the form of:

      1.  A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the list of offices and candidates and the statements of measures to be voted on which will be in use at that election; or

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

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

PREPARATION FOR OPENING POLLS

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

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

      NRS 293B.225  Employment of competent persons by clerk; oaths.  To prepare the mechanical recording device for an election, the county or city clerk shall employ competent persons who must be sworn to perform their duties honestly and faithfully.

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

      NRS 293B.230  Employment of qualified persons only.  The county or city clerk shall not appoint any person to prepare any mechanical recording device for an election unless the person is fully qualified to perform his or her duties in connection with the complete preparation of the devices for the election and the instruction of the election officers and voters.

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

      NRS 293B.235  Duties of assistants before opening polls.  The assistants referred to in NRS 293B.225 and 293B.230 shall, under the direction of the county or city clerk, prepare the mechanical recording devices for the election and provide for the delivery of the devices to the polling places of the election district in which the election is to be held, or to the custody of the chair of the election board, together with all furniture and appliances necessary for the proper conduct of the election.

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

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

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

      NRS 293B.245  Examination of mechanical recording devices by representatives of political parties before election.  Before preparing mechanical recording devices for any election, the county clerk shall mail written notices to the chairs of the county central committees of at least two of the principal political parties, stating the time and place where the devices will be prepared. At the specified time, one representative of each such political party must be afforded an opportunity to see that the devices are in proper condition for use in the election. The representatives shall not interfere with the persons assigned to prepare the devices or assume any of their duties.

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

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

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

      NRS 293B.255  Booth must conceal mechanical recording device.  The booth in which a mechanical recording device is installed must be so constructed that the rear and sides of the booth in combination with the person of the voter hide the device from the view of persons other than the voter.

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

      NRS 293B.260  Instruction of members of election board before election.  Within a reasonable time before each election, the county or city clerk shall instruct the members of the election board in the use of the mechanical voting system and in their duties in connection therewith.

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

      NRS 293B.265  Uninstructed members not to serve; exception.

      1.  A member of an election board shall not serve in any election at which a mechanical voting system is used unless the member has received instruction and is fully qualified to perform his or her duties in connection with the system.

      2.  NRS 293B.220 to 293B.283, inclusive, do not prevent the appointment and service of a member of an election board to fill a vacancy in an emergency.

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

      NRS 293B.270  Meetings for instruction; duty to attend.  To give instruction in the mechanical voting system, the county or city clerk shall call any meeting of the election board which may be necessary. The members of the election board of each election precinct in which such a voting system is used shall attend any meeting called for the purpose of receiving instruction concerning their duties and necessary for the proper conduct of the election.

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

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

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

      NRS 293B.283  Election board to ensure ballots previously voted on mechanical voting system not recorded as voted on that day.  At each polling place where a mechanical voting system is used whereby votes are directly recorded electronically, the election board shall, before the polls are open for the election, ensure that each mechanical recording device will not register any ballots which were previously voted on the device as having been voted on that day.

      (Added to NRS by 1995, 2786)

CONDUCT OF VOTING

      NRS 293B.285  Visibility and placement of mechanical recording devices.  The open part of the booth containing the mechanical recording device and every part of the polling place must be in plain view of the election officers and watchers. The booth must be placed at least 4 feet from the poll clerk’s table.

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

      NRS 293B.290  Periodic inspection of mechanical recording devices.  The election officers shall inspect each mechanical recording device periodically during the day to see that the list of offices and candidates and the statements of measures to be voted on is intact, and that the device is otherwise in good working order.

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

      NRS 293B.295  Exclusion of voter until right to vote ascertained.  After the opening of the polls, a member of the election board shall not issue any voter a ballot nor allow the voter to enter the booth until they ascertain that the voter is entitled to vote.

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

      NRS 293B.300  Primary elections: Issuance of partisan ballot; directions to voter.

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

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

      3.  The member of the election board shall direct the partisan voter to a mechanical recording device containing the list of offices and candidates arranged for the voter’s major political party in the manner provided in NRS 293B.190.

      (Added to NRS by 1975, 1525; A 1985, 1105; 1989, 229; 1995, 2789; 1997, 2786; 2007, 2607)

      NRS 293B.305  Primary elections: Issuance of nonpartisan ballot; alternative directions to voter.  Unless a major political party allows a nonpartisan voter to vote for its candidates:

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

      2.  If a mechanical voting system is used in a primary election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue the nonpartisan voter a voting receipt with a printed designation identifying it as a nonpartisan ballot.

      3.  The member of the election board shall:

      (a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot; or

      (b) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates arranged for a partisan ballot, instruct the voter to vote only the nonpartisan section of the list and advise the voter that any votes the voter may cast in the partisan section will not be counted.

      (Added to NRS by 1975, 1525; A 1985, 1105; 1987, 360, 1373; 1989, 230; 1995, 2789; 1997, 2787; 2007, 1168, 2607)

      NRS 293B.310  Primary elections: Optional manner of voting when party comprises less than 5 percent of voters.  In a primary election, the county clerk may require those partisan voters in a precinct or district whose political parties each comprise less than 5 percent of the registered voters for that precinct or district to vote in the manner prescribed for nonpartisan voters in NRS 293B.305.

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

      NRS 293B.315  Information concerning operation of mechanical recording device to be given to voter before entering booth; subsequent information.  Before each voter enters the voting booth, a member of the election board shall, so far as possible, inform the voter how to operate the mechanical recording device and illustrate its operation upon the demonstration model of the device. If any voter, after entering the voting booth, asks for information, a member of the election board shall give the voter the necessary information.

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

PROCESSING OF BALLOTS

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

      1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

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

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

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

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

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

      (c) Record the number of voters on a form provided by the county clerk.

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

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

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

      (b) Note any shortages.

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

      (Added to NRS by 1975, 1528; A 1985, 1106; 1987, 360; 1991, 2226; 1995, 2790; 1997, 3470; 2001, 1951; 2007, 1168, 2607)

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

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

      2.  The chair shall provide for the transportation or other disposition of all other supplies and election materials as directed by the county clerk.

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

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

      NRS 293B.340  Intermediate point may be designated as receiving center; handling procedures.  The county or city clerk may provide that an intermediate point other than the central counting place be designated as a receiving center for ballots in transit. In that case, he or she shall appoint officers to inspect seals, issue receipts, maintain logs and effect the final transportation of ballots to the central counting place.

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

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

      (Added to NRS by 1975, 1528)

      NRS 293B.350  Clerk to supervise operation of central counting place.  The county or city clerk shall supervise the operation of the central counting place.

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

      NRS 293B.353  Clerk to allow members of general public to observe counting of ballots at central counting place; members of general public allowed to photograph or otherwise record counting of ballots; request for photograph or recording of counting of ballots.

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

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

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

      (Added to NRS by 1995, 2785)

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

      1.  The county clerk shall, not later than April 15 of each year in which a general election is held, submit to the Secretary of State for approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of ballots at a polling place, receiving center or central counting place.

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

      3.  Each plan must include:

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

      (b) A procedure for the establishment of areas within each polling place and receiving center and the central counting place from which members of the general public may observe the activities set forth in subsections 1 and 2;

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

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

      (Added to NRS by 1995, 2786; A 2005, 1438; 2009, 1272)

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

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

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

      1.  To facilitate the processing and computation of votes cast at any election conducted under a mechanical voting system, the county clerk shall create a computer program and processing accuracy board, and may create:

      (a) A central ballot inspection board;

      (b) An absent ballot mailing precinct inspection board;

      (c) A ballot duplicating board;

      (d) A ballot processing and packaging board; and

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

      2.  Except as otherwise provided in subsection 3, the county clerk may determine the number of members to constitute any board. The county clerk shall make any appointments from among competent persons who are registered voters in this State. The members of each board must represent all political parties as equally as possible. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he or she is appointed.

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

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

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

      NRS 293B.365  Duties of central ballot inspection board.  The central ballot inspection board shall:

      1.  Receive the ballots in sealed containers.

      2.  Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the storage devices which store the ballots voted on mechanical recording devices which directly record votes electronically.

      3.  Register the numbers of ballots by precinct.

      4.  Deliver any damaged paper ballots to the ballot duplicating board.

      5.  Receive duplicates of damaged paper ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct.

      6.  Place each damaged original paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct.

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

      8.  Place each rejected paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board’s rejection of the ballot.

      (Added to NRS by 1975, 1529; A 1985, 1107; 1995, 2791; 2007, 1169, 2608)

      NRS 293B.370  Duties of absent ballot mailing precinct inspection board.  The absent ballot mailing precinct inspection board shall:

      1.  Perform functions similar to those of the central ballot inspection board and the ballot duplicating board as those functions are applicable to absent and mailing ballots.

      2.  Bundle the empty absentee and mailing return envelopes according to ballot type or precinct and deliver the bundles to the county clerk.

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

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

      NRS 293B.375  Duties of ballot duplicating board.  The ballot duplicating board shall:

      1.  Receive damaged ballots pursuant to NRS 293B.365, including ballots which have been torn, bent or mutilated.

      2.  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

      3.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

      4.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the county clerk.

      (Added to NRS by 1975, 1529; A 1981, 1702; 1985, 1107; 1995, 2791; 2001, 2034; 2007, 1169, 2609)

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

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

      2.  The board shall:

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

      (b) Receive ballots and maintain groupings of them by precinct.

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

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

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

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

      (g) If the election is:

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

             (2) A general election,

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

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

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

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

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

      2.  The board shall verify that:

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

      (b) Votes can be counted for each candidate and proposition.

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

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

      (e) Neither a voter’s omission to vote nor the voter’s irregular vote on any particular office or proposition will prevent the counting of his or her vote as to any other office or proposition on the ballot.

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

      NRS 293B.390  Additional duties of accuracy certification board.  In addition to the duties prescribed in NRS 293B.145, 293B.155, 293B.165 and 293C.615, the accuracy certification board shall certify as to whether in their judgment the ballots were accurately counted. If they determine an inaccuracy exists, they shall furnish a written explanation for their determination.

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

      NRS 293B.400  Paper record required in event of recount or contest of election; duty of clerk to collect and deposit paper records.

      1.  Except as otherwise provided in this section, if a recount is demanded pursuant to the provisions of NRS 293.403 or if an election is contested pursuant to NRS 293.407, the county or city clerk shall ensure that each mechanical recording device which directly recorded votes electronically for the applicable election provides a record printed on paper of each ballot voted on that device.

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

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

      (b) Collect those records and deposit them in the vaults of the county clerk pursuant to NRS 293.391.

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