[Rev. 12/2/2022 3:25:19 PM]
[NAC-293C Revised Date: 11-22]
GENERAL PROVISIONS
293C.050 Applicability of chapter.
293C.052 “Vote center” defined.
293C.055 “Polling place” interpreted for purposes of prohibition on electioneering.
293C.060 Publication of notice designating offices for which candidates are to be nominated or elected.
293C.070 Certified list of candidates to be provided to Secretary of State.
293C.075 Required tests of electronic roster before election.
293C.080 Change of manner in which name of candidate appears on ballot.
293C.090 Ballot questions.
293C.100 Ballots: Quantity required.
293C.110 Sample ballots: Primary elections.
293C.120 Sample ballots: General elections.
293C.130 Members of election boards.
293C.140 Procedures regarding election supplies, voting booths and ballot boxes.
293C.145 Provision of signatures of registered voters to city clerk by county clerk.
293C.150 Conduct of voting.
293C.165 Absent ballot: Form to request; voting at polling place after receipt.
293C.170 Request for absent ballot: Verification of voter’s address; notification.
293C.190 Delivery of absent ballot by mail.
293C.195 Procedures for handling absent voters’ ballots in city with absent ballot central counting board.
293C.196 Absent ballot sent by approved electronic transmission: Recording of absent ballot and maintenance of original ballot card.
293C.197 Absent ballot sent by facsimile: Contents and form.
293C.198 Absent ballot: Receipt; recording; verification of signature.
293C.199 Absent ballot: Reporting requirements after election.
293C.200 Challenged voters: Counts of votes cast.
293C.230 Provision of aids for voting; notice of availability of voting aids and procedures for voting by mail; notice of availability of procedures for registering and voting by electronic transmission for persons with disabilities.
293C.240 Reporting of returns from early voting and mail ballots in combination with regular votes of precinct.
293C.250 City abstract: Contents; combining of precincts.
293C.260 Mechanized report of abstract.
CONDUCT OF ELECTIONS
293C.270 City clerks required to submit written contingency plans to Secretary of State; review and update of plans; briefing to staff regarding plans.
293C.275 Procedures if recall or special election will not be held on same day as primary or general election.
POLLING PLACES USING MECHANICAL VOTING SYSTEM
293C.300 Applicability.
293C.305 Vote adjudication board: Authorized creation; members; duties.
293C.307 Ballot duplicating board: Authorized creation; members; duties.
293C.310 Supplies and equipment.
293C.320 Duties of election board before voting.
293C.330 Procedures regarding voting; examination of voting booths; notification to city clerk of certain violations.
293C.335 Procedures after voting during period for early voting.
293C.340 Procedures after voting on election day.
POLLING PLACES NOT USING MECHANICAL VOTING SYSTEM
293C.350 Applicability.
293C.360 Printing of ballots generally.
293C.370 Size of ballots.
293C.380 Form of ballots for special elections.
293C.390 Supplies and equipment.
293C.400 Procedures after voting.
MAIL BALLOT VOTING
293C.500 Duties of mail ballot central counting board; city clerk required to post public notice; general public authorized to observe handling of mail ballots.
293C.505 Extension of deadline for receipt of mail ballot or confirmation of signature for mail ballot when deadline is on legal holiday.
293C.510 Receipt, recording and verification of signature of mail ballot; procedure for rejected mail ballot; records of chain of custody.
293C.515 Compliance with procedures for checking signatures; periodic audits of certain employees in city clerk’s office; testing of electronic device used to sort ballots or capture voter’s signature.
293C.520 Electronic device used to verify signatures.
293C.525 Requirements for daily audit of electronic device used to verify signatures.
293C.530 Duties of city clerk relating to mail ballots beginning on first day of period for early voting by personal appearance; procedure if clerk receives return envelope for different city.
293C.535 Clerks required to electronically report to Secretary of State certain information concerning status of process.
BALLOT DROP BOXES
293C.560 Affixation of unique identifier and city seal or similar design.
293C.565 Submission of list to Secretary of State of information for each ballot drop box; submission of amended list under certain circumstances.
293C.570 Requirements for security and accessibility.
293C.575 Submission of plan to Secretary of State relating to ballot drop boxes that are tampered with or rendered inaccessible.
293C.580 Establishment and duties of retrieval team to collect and transport mail ballots to receiving center or central counting place.
293C.585 Report to Secretary of State concerning certain costs associated with ballot drop boxes and retrieval teams.
293C.590 Request by Indian tribe for establishment or removal of ballot drop box.
GENERAL PROVISIONS
NAC 293C.050 Applicability of chapter. (NRS 293.124, 293.247) The provisions of this chapter apply only to city elections.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.052 “Vote center” defined. (NRS 293.124, 293.247) As used in this chapter, “vote center” means a polling place established by the county or city clerk, as applicable, pursuant to the provisions of NRS 293.3072 to 293.3075, inclusive, or 293C.3032 to 293C.3035, inclusive, as applicable, where any person entitled to vote by personal appearance in the county or city, as applicable, may do so on the day of the election.
(Added to NAC by Sec’y of State by R097-21, eff. 2-28-2022)
NAC 293C.055 “Polling place” interpreted for purposes of prohibition on electioneering. (NRS 293.124, 293C.361) As used in NRS 293C.361, the Secretary of State will interpret the term “polling place” to mean any place that is designated by the city clerk for voting by personal appearance.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)
NAC 293C.060 Publication of notice designating offices for which candidates are to be nominated or elected. (NRS 293.124, 293.247) The city clerk shall, not later than February 15 of the year in which a primary or general city election is held, publish once in a newspaper published in his or her city a notice that designates the offices for which candidates are to be nominated at the primary city election and the offices for which candidates are to be elected at the general city election. If no newspaper is published in his or her city, the publication must be made in any newspaper of general circulation in the city that is published in his or her county or, if none, that is published in the nearest county of this State.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.070 Certified list of candidates to be provided to Secretary of State. (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 may withdraw his or her candidacy pursuant to NRS 293C.195, each city clerk shall send to the Secretary of State a list certified by him or her that contains the name and mailing address of each person who is a candidate for a city office.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R086-00, 8-22-2000; R088-21, 2-28-2022)
NAC 293C.075 Required tests of electronic roster before election. (NRS 293.124, 293.247, 293C.2695)
1. If a city clerk uses an electronic roster for a city election, the city clerk shall conduct logic and accuracy tests on the electronic roster and certify to the Secretary of State that the testing was completed in accordance with the requirements of NRS 293C.2695.
2. The testing required pursuant to subsection 1 must confirm, without limitation:
(a) That each electronic roster accurately displays:
(1) The date and time;
(2) The date of the city election and the type of city election, including, without limitation, a primary city election, a general city election or a special city election;
(3) The name of the city;
(4) The number of voter files contained in the electronic roster;
(5) The precinct and number of voters in the precinct, if applicable;
(6) The current version of the operating system; and
(7) The signature records of the voters in the city;
(b) For at least one electronic roster assigned to each polling place, the correct functioning of the prompts and workflow of the electronic roster for the following situations:
(1) A registered voter in the city who appears to vote in person who has not voted in the city election;
(2) A registered voter in the city who appears to vote in person where the electronic roster shows that a ballot connected to the voter has already been received or voted;
(3) A person who claims to be registered to vote who cannot be located in the electronic roster;
(4) A registered voter who is listed as inactive in the electronic roster;
(5) A registered voter who spoils his or her ballot;
(6) A registered voter who appears to vote in person and brings his or her unvoted mail ballot;
(7) A registered voter who would like to change his or her political party affiliation;
(8) A registered voter who would like to update his or her voter registration information; and
(9) A registered voter in a city with a precinct split; and
(c) The correct performance of the following functions of the electronic roster:
(1) Printing labels;
(2) Printing activation cards or ballot cards;
(3) That a ballot issued by one electronic roster is reflected as issued on other electronic rosters;
(4) Preparing turnout reports;
(5) Preparing daily totals; and
(6) That the roster uploads correctly to the office of the city clerk.
(Added to NAC by Sec’y of State by R092-21, eff. 2-28-2022)
NAC 293C.080 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. The request must be filed by the candidate in person with the filing officer with whom the declaration of candidacy was filed not later than 5 p.m. or close of business on the last day to file the declaration of candidacy.
2. This section does not authorize the amendment of any matter contained in a declaration of candidacy other than the manner in which the name of the candidate appears.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R088-21, 2-28-2022)
NAC 293C.090 Ballot questions. (NRS 293.124, 293.247, 293.250)
1. Preceding every ballot question to be voted upon must be a number, to be assigned by the city clerk, in boldface type.
2. 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 that enables a voter to vote “Yes” or “No” upon the question submitted.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009)
NAC 293C.100 Ballots: Quantity required. (NRS 293.124, 293.247)
1. Each city clerk shall prepare for each precinct a quantity of ballots at least equal to the number of registered voters in the precinct.
2. For the purposes of this section, to determine the number of registered voters in a precinct for:
(a) A primary election, the city clerk shall use the number of voters who are registered 90 days immediately preceding the date of the primary election.
(b) A general election, the city clerk shall use the number of voters who are registered 90 days immediately preceding the date of the general election.
(c) A recall election, the city clerk shall use the number of voters who are registered on the date the call for the recall election is issued pursuant to NRS 306.040.
(d) Any special election other than a recall election, the city clerk shall use the number of voters who are registered 60 days before the date of the special election.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009)
NAC 293C.110 Sample ballots: Primary elections. (NRS 293.124, 293.247, 293.565) The city clerk shall:
1. Mail a copy of the sample ballot for the primary city election prepared pursuant to NRS 293.565 to each candidate.
2. Mail a copy of the sample ballot for the primary city election prepared pursuant to NRS 293.565 to each candidate who has been certified to him or her 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 city clerk shall make a copy of each sample ballot available to the candidate upon request.
4. Provide an electronic copy of each sample ballot for a primary city election prepared pursuant to 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 city clerk’s office.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R183-01, 5-10-2002; R072-06, 7-14-2006; R088-21, 2-28-2022)
NAC 293C.120 Sample ballots: General elections. (NRS 293.124, 293.247, 293.3025, 293.565, 293C.530) Sample ballots for general city elections must be prepared in the same manner, quantity and form as sample ballots for primary city elections and must be distributed and posted in the same manner. The city 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 the city clerk’s office and post at least two in each polling place.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R097-21, 2-28-2022)
NAC 293C.130 Members of election boards. (NRS 293.124, 293.227, 293.247, 293C.220)
1. If an election board of more than three members is required to accommodate the number of registered voters who may vote at a polling place or in any precinct, the city clerk may appoint as many additional members as he or she believes are necessary or desirable.
2. The city clerk may permit any member of an election board or any other interested person to attend the school described in NRS 293.227. The city clerk shall, when possible, give preference to persons who have attended the school when appointing members of election boards.
3. After the city clerk’s school for chair has been conducted and before the day of the election, each chair shall instruct the members of his or her election board in the procedures to be followed at the election.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R097-21, 2-28-2022)
NAC 293C.140 Procedures regarding election supplies, voting booths and ballot boxes. (NRS 293.124, 293.247)
1. At least 2 days before any election, every city 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 293.184, 293.2045, 293.2549, 293.2955, 293.301, 293.302, 293.3025, 293.361, 293.740 and 293.780.
(c) If a procedure for multilingual voting is used in the city, the required notices in the appropriate foreign languages.
2. The city clerk may prepare for each polling place any additional supplies the city clerk considers necessary or desirable for carrying out the election.
3. On or before the day preceding the day of a city election, each city clerk may deliver the election supplies to a person designated by the city clerk for further distribution. The election supplies may be delivered in sealed containers and may include any other accountable items. The designated person shall sign a receipt for all of the items received. The designated person shall immediately, and in a safe manner, distribute the election supplies to those members of election boards who are designated by the city clerk to receive and take custody of the supplies. The designated person shall obtain a signed receipt from each member of an election board to whom the sealed container or any other accountable item is delivered.
4. When an election board accepts delivery of election supplies, it shall check the supplies against the list of inventory and immediately notify the city clerk of any shortage. The city clerk shall immediately correct the shortage.
5. At each polling place within the city, the city clerk shall provide a quantity of booths that is sufficient to allow voters to vote their ballots conveniently and in a manner that allows their voting to be protected from the view of others.
6. Each of the booths must, during the election, be provided with the necessary supplies for voting ballots, and must be sufficiently lighted to enable voters to read clearly all of the printing on ballots or ballot page assemblies and to enable members of election boards to perform their duties.
7. Before opening the polls, the members of the election board shall carefully inspect the ballot box to ensure that nothing remains in the ballot box from a previous election. The ballot box must be locked after the inspection, and the key to any lock on the ballot box must be delivered to the chair of the election board or, if there is no lock, the ballot box must be sealed by a seal approved by the Secretary of State. The ballot box must not be opened during the election except as otherwise provided in NRS 293C.625.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009; R097-21, 2-28-2022)
NAC 293C.145 Provision of signatures of registered voters to city clerk by county clerk. (NRS 293.124, 293.247)
1. Except as otherwise provided in subsection 2, the county clerk shall provide each city clerk of a city contained within the county with a copy of the signature of every registered voter who resides in the city not later than the day before the period for early voting by personal appearance begins pursuant to NRS 293C.3568 for the primary city election or general city election, as applicable.
2. A county clerk is not required to provide a city clerk with a copy of the signature of every registered voter who resides in the city if the city holds its primary city election and general city election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
(Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)
NAC 293C.150 Conduct of voting. (NRS 293.124, 293.247)
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. In polling places in which a mechanical voting system is not used:
(a) The number of replacement ballots that may be issued to a voter who spoils his or her ballot may be decided, in good faith, by the election board.
(b) The chair of the election board shall make a record of the cancelled ballots. The envelope in which cancelled ballots are placed must be marked with the words “cancelled ballots.”
5. Any election board that receives mailing ballots from the city clerk shall follow the procedure prescribed for absent ballots in NRS 293C.332 and 293C.352.
6. When it is time to close the polls, a member of the election board shall proclaim that the polls are closed for voting.
7. After the completion of an election:
(a) In polling places in which a mechanical voting system is not used, ballot boxes must be returned by the chief law enforcement officer of the city or representative of the city clerk and placed by him or her in a secure storage area designated and provided by the city clerk.
(b) In polling places in which a mechanical voting system is used, all ballots and paper records of VVPATs must be returned by the chief law enforcement officer of the city or representative of the city clerk and placed by him or her in a secure storage area designated and provided by the city clerk.
8. If an absent ballot central counting board is appointed, the members of the board shall meet at a place designated by the city clerk as soon as the polls close. The city council shall prepare abstracts of votes on a form that was submitted by the city clerk to and approved by the Secretary of State.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009)
NAC 293C.165 Absent ballot: Form to request; voting at polling place after receipt. (NRS 293.124, 293.247, 293.250, 293C.330)
1. In addition to the requirements set forth in paragraph (a) of subsection 1 of NRS 293C.306, 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 city clerk of the city where the registered voter requesting 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 city clerk or the designee of the city clerk; or
(b) Complies with the requirements set forth in subsection 3 of NRS 293C.330.
(Added to NAC by Sec’y of State by R013-00, eff. 4-4-2000; A by R092-09, 10-27-2009)
NAC 293C.170 Request for absent ballot: Verification of voter’s address; notification. (NRS 293.124, 293.247) A city clerk who receives a request for an absent ballot shall:
1. Compare the address of the voter’s residence in this State that is indicated on the request with the address that is indicated on the voter’s application to register to vote.
2. If the city clerk determines that the address indicated on the application to register to vote is different from the address that 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 293C.525; and
(b) A postcard to be returned by the voter to the city clerk that includes verification of the address of the voter’s residence in this State. The city clerk shall use a postcard that may not be forwarded to an address of the voter that is different from the address to which the notice is mailed.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.190 Delivery of absent ballot by mail. (NRS 293.124, 293.247, 293C.322) When a city clerk sends a voter an absent ballot pursuant to NRS 293C.322, the city 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)
NAC 293C.195 Procedures for handling absent voters’ ballots in city with absent ballot central counting board. (NRS 293.124, 293.247)
1. In a city in which an absent ballot central counting board has been appointed and the city clerk has posted a statement pursuant to subsection 2, the city 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’ ballot boxes to the absent ballot central counting board. When the ballot boxes 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 counting system 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, unless the counting system produces an accounting of the ballots by precinct or voting district;
(c) Account for all the ballots on the statement of ballots; and
(d) Place all the ballots and the statement of ballots into the container provided by the city 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 293C.700.
2. Not later than 2 working days before the date of delivery of the ballot boxes pursuant to subsection 1, the city clerk must post a statement in the city clerk’s office that notifies the public of any actions that will be taken pursuant to subsection 1.
3. Any absent ballots received by the city clerk after he or she delivers the ballot boxes pursuant to subsection 1 must be:
(a) Deposited into the appropriate absent voters’ ballot boxes pursuant to the provisions of NRS 293C.305 to 293C.340, inclusive, after those ballot boxes have been returned pursuant to subsection 1; and
(b) Processed pursuant to the provisions of NRS 293C.3615 to 293C.395, inclusive.
4. The city 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)
NAC 293C.196 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 city clerk or the authorized representative of a city clerk sends an absent ballot by approved electronic transmission, the city clerk or the city 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 city clerk or the city 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 city clerk or the city clerk’s authorized representative sent the absent ballot.
(c) The date and time that the city clerk or the city 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 city clerk.
(Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009)
NAC 293C.197 Absent ballot sent by facsimile: Contents and form. (NRS 293.124, 293.247, 293.250, 293C.315)
1. An absent ballot sent to a voter by facsimile pursuant to subsection 2 of NRS 293C.322 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 city clerk.
(c) Contain the contact information of the city clerk or an authorized representative of the city 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 city 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 city 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 293C.198 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 city clerk by 7 p.m. on the day of the election.
2. The city 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 city clerk, the city 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 city clerk shall check the signature on the return envelope, facsimile or other electronic document, as applicable, against the original signature of the voter on his or her application to register to vote. Each city 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 city clerk.
5. If a voter returns more than one voted absent ballot for the same election and the city clerk receives all such absent ballots before the polls are closed on the day of the election, the city clerk shall count the absent ballot received first.
(Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009)
NAC 293C.199 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 city clerk shall report to the election board:
1. The number of absent ballots for that election that the city 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 city clerk.
(Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009)
NAC 293C.200 Challenged voters: Counts of votes cast. (NRS 293.124, 293.247)
1. If an absent ballot central counting board has been established pursuant to NRS 293C.240, ballots cast by voters whose eligibility to vote has been successfully challenged 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 city clerk shall provide the manner of counting such ballots.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.230 Provision of aids for voting; notice of availability of voting aids and procedures for voting by mail; notice of availability of procedures for registering and voting by electronic transmission for persons with disabilities. (NRS 293.124, 293.247)
1. Each city clerk shall provide to persons with disabilities and persons 65 years of age or older aids for voting, including:
(a) Instructions that are printed in large type and are conspicuously displayed at each polling place; and
(b) Information through telecommunication devices for persons who are deaf or hard of hearing.
2. When the city clerk provides public notice of voting, he or she shall also provide notice of the availability of aids for voting, procedures for voting by mail ballot and procedures for registering to vote and voting pursuant to NRS 293.269951.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R081-21 & R090-21, 2-28-2022)
NAC 293C.240 Reporting of returns from early voting and mail ballots in combination with regular votes of precinct. (NRS 293.124, 293.247, 293C.26335, 293C.3606, 293C.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 293C.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 mail ballots:
(a) The reporting of those returns separately from the regular votes of the precinct shall be deemed, for the purposes of NRS 293C.26335, 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 by R217-97, eff. 5-26-98; A by R090-21, 2-28-2022)
NAC 293C.250 City abstract: Contents; combining of precincts. (NRS 293.124, 293.247, 293C.387)
1. A city abstract must contain:
(a) The name of the city.
(b) The title of the election.
(c) The date of the election.
(d) The information required by NRS 293C.387.
(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 city abstract, the city clerk may include all precincts containing less than 10 registered voters in one precinct.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.260 Mechanized report of abstract. (NRS 293.124, 293.247, 293C.387) A mechanized report of an abstract of votes, as required by NRS 293C.387, must be transmitted to the Secretary of State. The Secretary of State will, not later than March 1 of each year, notify each city 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 by R217-97, eff. 5-26-98; A by R013-00, 4-4-2000)
CONDUCT OF ELECTIONS
NAC 293C.270 City clerks required to submit written contingency plans to Secretary of State; review and update of plans; briefing to staff regarding plans. (NRS 293.124, 293.247)
1. Each city clerk shall, not later than 60 days before the date of the general city election, submit to the Secretary of State a written contingency plan that describes the procedures that will be used in the event that election operations, including, without limitation, mechanical voting systems and any components thereof, are significantly disrupted.
2. The plan required by subsection 1 must, without limitation:
(a) Consider all potential sources of disruption to election operations, including, without limitation:
(1) Systemic equipment failures or malfunctions;
(2) Power outages;
(3) Natural disasters or infrastructure failure;
(4) Threats of terrorism or other civil disturbances; and
(5) Unauthorized access, intrusion or hacking into election facilities or equipment; and
(b) Explain how the city clerk will ensure continuity in voting if one or more polling places become temporarily or permanently unusable during the period for early voting or on the day of the city election, which may include, without limitation:
(1) Sending voters to an alternative polling place;
(2) Seeking a court order to extend voting hours; or
(3) Requesting that voters return to the polling place after the disruption has been resolved.
3. In addition to the written contingency plan required by subsection 1, each city clerk shall submit to the Secretary of State a written contingency plan for the tabulation of ballots in the event that the city experiences a loss of the central counting equipment or the use of the central counting place. If the city clerk invokes this contingency plan, the city clerk must notify the Secretary of State in writing not later than 12 hours after doing so. The plan:
(a) Must, without limitation, identify alternative counting equipment and facilities; and
(b) May provide for the transport of ballots across city lines for the purpose of ballot tabulation if the ballots are inventoried and can be safeguarded by election staff and election board officers in the same manner as the ballots would be protected if the ballots were not transported.
4. Before each city election, the city clerk shall:
(a) Review the existing contingency plans required by subsections 1 and 3 and update the plans as necessary; and
(b) Ensure that any election staff in the office of the city clerk and all other relevant city employees have been briefed on the contingency plans.
(Added to NAC by Sec’y of State by R091-21, eff. 2-28-2022)
NAC 293C.275 Procedures if recall or special election will not be held on same day as primary or general election. (NRS 293.124, 293.247) If a recall or other special city election is called in a city and will not be held on the same day as the primary city election or general city election:
1. The city clerk must, as soon as practicable, notify the Secretary of State of the election on the form and in the manner prescribed by the Secretary of State; and
2. The Secretary of State will confer with the city clerk regarding, if applicable:
(a) The use of the system of approved electronic transmission established pursuant to NRS 293D.200;
(b) The locations of polling places, including, without limitation, polling places for early voting by personal appearance and vote centers;
(c) The locations of ballot drop boxes for mail ballots;
(d) A plan for the security of ballots for early voting;
(e) A plan for allowing members of the general public to observe the conduct of voting at a polling place; and
(f) A 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.
(Added to NAC by Sec’y of State by R105-21, eff. 2-28-2022)
POLLING PLACES USING MECHANICAL VOTING SYSTEM
NAC 293C.300 Applicability. (NRS 293.124, 293.247) The provisions of NAC 293C.300 to 293C.340, inclusive, apply only to polling places in which a mechanical voting system is used.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.305 Vote adjudication board: Authorized creation; members; duties. (NRS 293.124, 293.247, 293.3677, 293C.640)
1. The city clerk may create a vote adjudication board and appoint its members. If practicable, the members must be of different political parties. The same person may be appointed to more than one board or perform additional functions as an election board officer.
2. A vote adjudication board shall resolve the intent of a voter in casting his or her ballot if the voter’s selection in relation to a particular race or ballot question cannot be determined using a mechanical device or other electronic means.
(Added to NAC by Sec’y of State by R096-21, eff. 2-28-2022)
NAC 293C.307 Ballot duplicating board: Authorized creation; members; duties. (NRS 293.124, 293.247, 293C.640, 293C.655)
1. The city clerk may create a ballot duplicating board and appoint its members. If practicable, the members must be of different political parties. The same person may be appointed to more than one board or perform additional functions as an election board officer.
2. If a ballot is damaged or defective such that it cannot be read by a mechanical device or other electronic means, the ballot duplicating board must duplicate the ballot and the duplicate ballot must be counted in place of the damaged ballot.
3. The ballot duplicating board shall:
(a) Ensure that the correct precinct and ballot style is used to create the duplicate ballot;
(b) Mark the duplicate ballot so that the duplicate is identical to the original ballot;
(c) After finishing marking the duplicate ballot, verify that the duplicate ballot is identical to the original ballot, including, without limitation, any overvotes or undervotes;
(d) Log the duplicate ballot and the serial number of the duplicate ballot in the ballot duplication log; and
(e) If any errors are made while marking the duplicate ballot, mark the duplicate ballot as “SPOILED” and repeat the procedures set forth in paragraphs (a) to (d), inclusive, to create a new duplicate ballot.
4. Each city clerk shall establish a procedure for duplicating ballots that must be approved by the Secretary of State before being used in the city.
5. As used in this section:
(a) “Duplicate” means the process of preparing a new ballot to replace a damaged or defective ballot, including, without limitation, ballots that have been torn, bent or mutilated.
(b) “Duplicate ballot” means the ballot prepared by a ballot duplicating board to replace a damaged ballot.
(Added to NAC by Sec’y of State by R096-21, eff. 2-28-2022)
NAC 293C.310 Supplies and equipment. (NRS 293.124, 293.247)
1. At least 2 days before any election, the city clerk shall prepare the following supplies for each polling place:
(a) The register;
(b) Copies of the roster in such a quantity and form as the city clerk determines appropriate;
(c) A quantity of mechanical voting devices that ensures an efficient flow of voters;
(d) A container for transporting ballots that is equipped with a lock and key, numbered seal or other device that prevents unauthorized entry;
(e) If the polling place:
(1) Is a vote center, a means to print each sample ballot which pertains to the election upon request; or
(2) Is not a vote center, at least three copies of each sample ballot that pertains to the election;
(f) A procedural checklist for election boards; and
(g) One list of the inventory of the supplies provided to the election board, including a notation whether the supplies have been inserted into the container for transporting ballots.
2. Each city clerk may prepare for the polling places any additional supplies he or she considers necessary or desirable for carrying out the election.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009; R097-21, 2-28-2022)
NAC 293C.320 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 the member 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 that creates the most efficient flow of voters.
3. The election board shall, if applicable, ensure that the correct ballot page assemblies have been properly inserted into the vote recording devices. As a check, the boards shall compare a sample ballot for the particular precinct with the official ballot page assemblies being inserted into the recording devices to assure that they contain the same candidates and questions.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009)
NAC 293C.330 Procedures regarding voting; examination of voting booths; notification to city 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 mechanical voting 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 attempt 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 or city 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 that 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 notify immediately the city clerk.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009; R124-11, 12-30-2011)
NAC 293C.335 Procedures after voting during period for early voting. (NRS 293.124, 293.247, 293C.369)
1. After the close of voting on each day during the period for early voting, the election officer in charge of a polling place for early voting must determine the total number of:
(a) Persons who applied to vote and voted in person at the polling place on that day; and
(b) Ballots cast at the polling place on that day.
Ê If a difference exists between the numbers determined pursuant to paragraphs (a) and (b), the difference must be reported in writing to the city clerk, together with any known reasons for the difference.
2. The numbers determined pursuant to paragraphs (a) and (b) of subsection 1 must be entered by the election board on the forms provided by the city clerk.
(Added to NAC by Sec’y of State by R097-21, eff. 2-28-2022)
NAC 293C.340 Procedures after voting on election day. (NRS 293.124, 293.247, 293C.369)
1. After the close of polls on the day of the election, the election board must determine the total number of:
(a) Persons who applied to vote and voted in person at the polling place; and
(b) Ballots cast at the polling place.
Ê If a difference exists between the numbers determined pursuant to paragraphs (a) and (b), the difference must be reported in writing to the city clerk, together with any known reasons for the difference.
2. The numbers determined pursuant to paragraphs (a) and (b) of subsection 1 must be entered by the election board on the forms provided by the city 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 city 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 that were furnished by the city clerk with the city clerk’s inventory, note any shortages and immediately notify the county and city clerk if any shortages are noted. The chair of the election board is responsible for the safe return of all supplies, including all records and equipment pertaining to the election, in accordance with the directions of the city clerk.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009; R097-21, 2-28-2022)
POLLING PLACES NOT USING MECHANICAL VOTING SYSTEM
NAC 293C.350 Applicability. (NRS 293.124, 293.247) The provisions of NAC 293C.350 to 293C.400, inclusive, do not apply to polling places in which a mechanical voting system is used.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.360 Printing of ballots generally. (NRS 293.124, 293.247)
1. The city clerk shall provide official printed ballots to be used at an election. The ballot stock must be ordered by the city clerk within 2 days after the date set for closing of registration for the election.
2. As used in this section, “ballot stock” means:
(a) The paper upon which a ballot is printed on which a voter directly indicates his or her vote; and
(b) The materials included with a mail ballot, including, without limitation, the mail ballot, return envelope, envelope or sleeve into which the mail ballot is inserted to ensure its secrecy and voter instructions.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R091-21, 2-28-2022)
NAC 293C.370 Size of ballots. (NRS 293.124, 293.247, 293.250)
1. Official ballots for elections must be wide enough to comply with the provisions of the election laws, and must be at least 12 inches wide, including the numbered stub and the numbered perforated strip.
2. Official ballots for elections must be of a length that permits the proper placement of the required captions, headings, designations of political parties, directions to voters and names of candidates.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.380 Form of ballots for special elections. (NRS 293.124, 293.247, 293.250)
1. Each ballot for a special election must have a perforated line extending from top to bottom 1/2 inch from the right-hand side of the ballot. No writing or printing, except the number of the ballot, may be made upon the 1/2-inch strip formed by the perforated line.
2. The words “Yes” and “No,” separated by a light-faced line, must be printed on the ballot after each question. To the right of each word must be printed a light square at least three-eighths of an inch on each side.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
NAC 293C.390 Supplies and equipment. (NRS 293.124, 293.247)
1. There must be an adequate supply, as determined by the city clerk, of voting booths for each polling place.
2. The city clerk shall, at least 2 days before the day of any election, prepare the following supplies for each polling place:
(a) The roster;
(b) Copies of the roster in such a quantity and form as the city clerk determines appropriate;
(c) A container for transporting ballots that is equipped with a lock and key, numbered seal or other device that prevents unauthorized entry;
(d) If the polling place:
(1) Is a vote center, a means to print each sample ballot which pertains to the election upon request; or
(2) Is not a vote center, at least three copies of each sample ballot that pertains to the election; and
(e) Such other supplies as are necessary for conducting the election.
3. The city clerk shall print, in plain type, sets of instructions for voters for obtaining and marking their ballots. On the day of an election, the election board shall post at least one set of instructions in each voting booth and at least three additional sets of instructions at places open to public view in or about the polling place.
4. The chair of each election board shall require the members of the board to prepare the ballots and any other supplies or equipment necessary for voting and may assign specific duties to the members of the election board to complete the preparation.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R092-09, 10-27-2009; R097-21, 2-28-2022)
NAC 293C.400 Procedures after voting. (NRS 293.124, 293.247, 293C.380)
1. After all eligible voters have cast their votes, the election board shall, in the following manner, count the number of official ballots it received:
(a) The board shall total the number of voters’ signatures recorded in the roster book and enter that number on the ballot statement provided by the city clerk.
(b) The board shall then unlock or unseal the ballot box and count the number of official ballots, comparing this number with the number of signatures recorded on the ballot statement.
(c) The numbers of signatures and ballots should be the same. If they are not, the board shall recount the number of signatures and the number of ballots. If a discrepancy still exists, the board shall make a notation to that effect on the ballot statement.
2. Each member of the counting board must be present in the polling place where the member is to serve not later than the time set for the closing of the polling place. If any polling place that is not a vote center is closed early because all of the voters registered in the precinct have voted, the election board shall immediately notify the members of the counting board of the closing.
3. After the polls are closed, the election board shall compare the quantity of its supplies that were furnished by the city clerk with the city clerk’s inventory and make a notation upon the inventory of any materials that were lost, used or stolen.
4. After voting is completed, the chair of the election board shall deliver the keys to the ballot boxes to the chair of the counting board.
5. Each chair of a counting board shall assign duties to the members of his or her board in a manner that facilitates the counting of votes. If any person interferes in any way with the counting of the votes, the chair of the counting board shall request a law enforcement officer of the city to remove the person.
6. The members of the counting board shall count and make the record of the votes in the manner prescribed by the city clerk.
7. If the counting board rejects a ballot, it shall place that ballot in a separate envelope, seal the envelope and write upon the envelope the word “Rejected” and the reason for the rejection.
8. Every member of the counting board or the computer program and processing accuracy board as created by the city clerk pursuant to NRS 293C.665 shall sign the copy of the election return that is required by NRS 293C.380 to be posted on the outside of the polling place.
(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R097-21, 2-28-2022)
MAIL BALLOT VOTING
NAC 293C.500 Duties of mail ballot central counting board; city clerk required to post public notice; general public authorized to observe handling of mail ballots. (NRS 293.124, 293.247)
1. The city clerk shall, not earlier than 15 days before the day of the election, deliver the mail ballots to the mail ballot central counting board. When the mail ballots are received, the mail ballot central counting board shall, in addition to the requirements of NRS 293C.26331, 293C.26333 and 293C.26335:
(a) Sort the mail 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 mail ballots produces an accounting of the mail ballots by precinct or voting district;
(b) Count the number of mail ballots by precinct or, for those precincts that have been consolidated into a single voting district, by voting district;
(c) Account for all mail ballots on the record of mail ballots; and
(d) Place all the mail ballots and the record of mail ballots into the container provided by the city clerk to transport those items to a central counting place and seal the container.
2. Not later than 2 days before the date of delivery of the mail ballots to the mail ballot central counting board for counting, the city clerk must post a statement in his or her office that notifies the public that the mail ballot central counting board will begin performing the actions set forth in subsection 1 and the time at which the mail ballot central counting board is expected to begin.
3. Any mail ballots received by the city clerk after he or she delivers the mail ballots pursuant to subsection 1, and until the deadline for the receipt of mail ballots pursuant to NRS 293C.26331, must be delivered to the mail ballot central counting board for counting.
4. The city clerk shall allow members of the general public to observe the handling of the mail ballots conducted pursuant to subsection 1 if those members do not interfere with the handling of the mail ballots.
(Added to NAC by Sec’y of State by R090-21, eff. 2-28-2022)
NAC 293C.505 Extension of deadline for receipt of mail ballot or confirmation of signature for mail ballot when deadline is on legal holiday. (NRS 236.015, 293.124, 293.247, 293C.26321, 293C.26327)
1. If the deadline for:
(a) The city clerk to receive a mail ballot that has been mailed to the city clerk; or
(b) A registered voter to provide to the city clerk a signature on a mail ballot or a confirmation that the signature used for a mail ballot belongs to the voter, as applicable,
Ê is a legal holiday, such deadline is extended until 5 p.m. on the next working day.
2. As used in this section, “legal holiday” means any day declared to be a legal holiday pursuant to NRS 236.015.
(Added to NAC by Sec’y of State by R087-21, eff. 2-28-2022)
NAC 293C.510 Receipt, recording and verification of signature of mail ballot; procedure for rejected mail ballot; records of chain of custody. (NRS 293.124, 293.247, 293C.26327)
1. When a mail ballot is returned to the city clerk, the city clerk shall record the receipt of the mail ballot in the mail ballot record and check the signature on the return envelope in accordance with the requirements of NRS 293C.26327.
2. The city clerk shall place any rejected mail 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 mail ballot.
3. Each city clerk must keep records of the chain of custody for all mail ballots, including, without limitation, the mailing of mail ballots, reissued mail ballots, rejected mail ballots, verified mail ballots, duplicated mail ballots and tabulated mail ballots.
(Added to NAC by Sec’y of State by R090-21, eff. 2-28-2022)
NAC 293C.515 Compliance with procedures for checking signatures; periodic audits of certain employees in city clerk’s office; testing of electronic device used to sort ballots or capture voter’s signature. (NRS 293.124, 293.247)
1. The city clerk or an employee in the office of the city clerk shall check the signature on the return envelope of a mail ballot in accordance with the provisions of NRS 293C.26327.
2. The city clerk shall perform periodic audits of each employee in the office of the city clerk whose regular duties include checking the signatures on mail ballots. If the city clerk finds that an employee has an irregular acceptance or rejection rate, the city clerk must retrain the employee or prohibit the employee from checking signatures on mail ballots.
3. If the city clerk uses an electronic device to:
(a) Sort mail ballots, the city clerk must test the electronic device before it is so used to ensure that the electronic device properly sorts mail ballots.
(b) Capture the digital image of a voter’s signature on a mail ballot, the city clerk must test the electronic device before it is so used to ensure that the electronic device is able to clearly and accurately capture the digital image of a signature on a mail ballot.
(Added to NAC by Sec’y of State by R094-21, eff. 2-28-2022)
NAC 293C.520 Electronic device used to verify signatures. (NRS 293.124, 293.247, 293C.269937) An electronic device that is used to verify signatures on mail ballots may only be connected to a computer network for maintenance and support. When connected to the computer network, the electronic device must be operated on a closed, secure network behind a firewall. The city clerk shall keep maintenance logs documenting:
1. The name of any person who provides maintenance or support to the electronic device;
2. The time and date the electronic device was accessed; and
3. The reason for accessing the electronic device.
(Added to NAC by Sec’y of State by R095-21, eff. 2-28-2022)
NAC 293C.525 Requirements for daily audit of electronic device used to verify signatures. (NRS 293.124, 293.247, 293C.26337) The daily audit of an electronic device used to verify signatures on mail ballots that is required pursuant to NRS 293C.26337, must comply with the following requirements:
1. The city clerk shall select a random sample of 1 percent of the mail ballots received before 3:00 p.m. from the previous 24-hour period for which the electronic device has verified the signatures.
2. A team of bipartisan election board officers appointed by the city clerk shall manually review the signatures selected in accordance with the procedures set forth in NRS 293C.26327.
3. The election board officers shall sign and date the daily audit report. The audit report must be deposited in the vaults of the city clerk pursuant to NRS 293C.390.
4. If the team of election board officers rejects a signature that the electronic device verified, then the electronic device fails the audit and the city clerk shall:
(a) Immediately stop using the electronic device;
(b) Notify the Secretary of State in writing within 48 hours after the electronic device has failed the audit; and
(c) Work with the Secretary of State to identify the issue and implement a solution.
(Added to NAC by Sec’y of State by R095-21, eff. 2-28-2022)
NAC 293C.530 Duties of city clerk relating to mail ballots beginning on first day of period for early voting by personal appearance; procedure if clerk receives return envelope for different city. (NRS 293.124, 293.247)
1. Beginning on the first day of the period for early voting by personal appearance, the city clerk shall:
(a) Count all return envelopes received by mail, in person at the clerk’s office or deposited in a ballot drop box;
(b) Batch the return envelopes; and
(c) Record the total number of return envelopes received.
2. If the city clerk receives a return envelope for a different city, the city clerk shall:
(a) Stamp the time and date that it was received on the return envelope; and
(b) As soon as practicable, forward the return envelope and mail ballot to the city clerk of the correct city. The mail ballot shall be deemed to have been received by the correct city clerk at the time and on the date stamped on the return envelope pursuant to paragraph (a).
(Added to NAC by Sec’y of State by R094-21, eff. 2-28-2022)
NAC 293C.535 Clerks required to electronically report to Secretary of State certain information concerning status of process. (NRS 293.124, 293.247, 293C.263, 293C.26327, 293C.26331)
1. Beginning the 45th day before an election and through the 7th day following the election, each city clerk shall, at least once each business day, inform the Secretary of State of:
(a) Each registered voter to whom the city clerk sent a mail ballot for the election;
(b) Each registered voter whose mail ballot has been received by the city clerk; and
(c) For each registered voter whose mail ballot has been received by the city clerk, an indication of whether the process set forth in NRS 293C.26327 has been completed.
2. In addition to the information required pursuant to subsection 1, beginning the 15th day before an election and through the 7th day following the election, each city clerk shall, at least once each business day, inform the Secretary of State of whether the signature of a registered voter has been accepted and the mail ballot has been processed.
3. The information required pursuant to this section must be sent electronically and in the form and manner prescribed by the Secretary of State.
(Added to NAC by Sec’y of State by R103-21, eff. 2-28-2022)
BALLOT DROP BOXES
NAC 293C.560 Affixation of unique identifier and city seal or similar design. (NRS 293.124, 293C.26321, 293C.2675) The city clerk shall affix to each ballot drop box:
1. A unique identifier composed of:
(a) The name of the city; and
(b) A number; and
2. The city seal or a similar design that indicates that the ballot drop box is an official ballot drop box of the city.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)
NAC 293C.565 Submission of list to Secretary of State of information for each ballot drop box; submission of amended list under certain circumstances. (NRS 293.124, 293C.26321, 293C.2675)
1. The city clerk shall submit to the Secretary of State a list containing the following information for each ballot drop box established in the city:
(a) The unique identifier of the ballot drop box as described by NAC 293C.560;
(b) The location of the ballot drop box; and
(c) The dates and times during which the ballot drop box will be unlocked and accessible to persons for the submission of mail ballots.
2. If there is a change during an election year to any of the information submitted on the list described in subsection 1, the city clerk must submit to the Secretary of State an explanation for the change and an amended list not later than 24 hours after the change is made.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)
NAC 293C.570 Requirements for security and accessibility. (NRS 293.124, 293C.26321)
1. If a ballot drop box is located outdoors and the city clerk or an employee of the city clerk is not constantly present at the location of the ballot drop box, the ballot drop box must be securely fastened in a manner that prevents it from being tampered with or moved.
2. In addition to any requirement set forth in subsection 1, if the city clerk or an employee of the city clerk is not constantly present at the location of a ballot drop box, the city clerk:
(a) Shall ensure that the ballot drop box is locked at all times that a person is not authorized by law to submit a mail ballot; and
(b) May surveil the ballot drop box for its security, including, without limitation, by taking any of the following measures:
(1) Video recording the ballot drop box; or
(2) Partnering with a law enforcement agency or similar entity to patrol the ballot drop box.
3. If a ballot drop box is located at a facility where the city clerk or an employee of the city clerk is constantly present, the city clerk must consider the ability of persons to access the ballot drop box for ballot submission on weekends and during evenings. The city clerk must take actions necessary to ensure that persons have adequate opportunity for ballot submission to the ballot drop box during early voting and on election day.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)
NAC 293C.575 Submission of plan to Secretary of State relating to ballot drop boxes that are tampered with or rendered inaccessible. (NRS 293.124, 293C.26321)
1. The city clerk shall develop and submit a plan to the Secretary of State relating to ballot drop boxes established in the city that are tampered with or rendered inaccessible during early voting or on election day. The plan must include, without limitation:
(a) Provision for the replacement of a ballot drop box that is tampered with or rendered inaccessible during early voting or on election day;
(b) The method that the city clerk will use to notify the public if a ballot drop box is tampered with or rendered inaccessible; and
(c) The location of the nearest ballot drop box to the ballot drop box that is tampered with or rendered inaccessible.
2. The plan described in subsection 1 must be submitted on a form prescribed by the Secretary of State.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)
NAC 293C.580 Establishment and duties of retrieval team to collect and transport mail ballots to receiving center or central counting place. (NRS 293.124, 293C.26321)
1. The city clerk shall establish and use a retrieval team to collect and transport mail ballots from the ballot drop boxes established in the city to the receiving center or to the central counting place, as directed by the city clerk. If necessary, the city clerk may use multiple retrieval teams to collect and transport the mail ballots.
2. A retrieval team shall be composed of not less than two persons. If a ballot drop box is established within a polling place, the retrieval team must, if practicable, be composed of two members of the election board who are of differing political parties.
3. A retrieval team must frequently collect mail ballots from the ballot drop boxes established in the city beginning on the date that the mail ballots are issued and ending at the close of the polls on election day and as prescribed by subsection 4 or 5.
4. If there is a line of persons waiting to submit a mail ballot to the ballot drop box at the close of the polls on election day, a retrieval team shall:
(a) Hand the last person in line at the close of the polls a card prepared by the city clerk that states “Last Person in Line”; and
(b) Refrain from collecting and transporting the mail ballots in the ballot drop box until the time that the person holding the card described in paragraph (a) has submitted the mail ballot.
5. If there is not a line of persons waiting to submit a mail ballot to the ballot drop box at the close of the polls on election day, the retrieval team shall immediately collect and transport the mail ballots.
6. Each retrieval team shall, on a form prescribed by the Secretary of State, submit to the Secretary of State, a description of the chain of custody of the mail ballots collected and transported by the retrieval team.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)
NAC 293C.585 Report to Secretary of State concerning certain costs associated with ballot drop boxes and retrieval teams. (NRS 293.124, 293C.26321) The city clerk shall, not later than 45 days after each general election, report to the Secretary of State:
1. The cost of purchasing, installing and performing maintenance on the ballot drop boxes established in the city; and
2. Any costs associated with the retrieval teams described in NAC 293C.580, including, without limitation, the costs of hiring, training and paying the retrieval teams.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)
NAC 293C.590 Request by Indian tribe for establishment or removal of ballot drop box. (NRS 293.124, 293C.2675) A request by an Indian tribe for the establishment or removal of a ballot drop box pursuant to NRS 293C.2675 must be submitted to the city clerk on a form prescribed by the Secretary of State.
(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)