NAC: CHAPTER 293 - ELECTIONS

[Rev. 11/21/2024 1:43:51 PM]

CHAPTER 293 - ELECTIONS

[NAC-293 Revised Date: 10-24]

GENERAL PROVISIONS

293.010 Definitions.

293.015 “Polling place” interpreted for purposes of prohibition on soliciting votes and electioneering.

293.023 Applicability of chapter.

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

293.040 Notice and publication of judicial, statewide and multicounty district offices to be filled and county or municipal offices to be nominated.

293.060 Designation of offices of justice of Supreme Court.

293.0602 Additional fee for filing and recording declaration of candidacy.

293.0604 Declaration of candidacy: Methods of filing; correction of errors in filing documents or fee required.

293.0605 Prohibition on filing declaration of candidacy or nomination papers for multiple special district offices.

293.0606 When candidacy for major political party authorized.

293.0607 Submission of photograph of candidate.

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

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

293.077 Major and minor political parties: Use of name on ballot, sample ballot or application to register to vote.

293.081 Name of candidate on ballot; use of surname; change of manner in which name of candidate appears on ballot.

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

293.120 Sample ballots: Primary elections.

293.130 Sample ballots: General elections.

293.132 Sample ballots: Presidential preference primary elections.

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

293.160 Conduct of voting.

293.173 Counting of votes cast by certain challenged voters.

293.177 Use of signature stamp by voter.

293.1775 Statement of principle on petition of candidacy for independent candidate.

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

293.1823 Verification of signatures on certain petitions: Form for submission of information to Secretary of State.

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

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

293.184 Verification of signatures on certain petitions: Determination of total signatures and tally for each petition district.

293.1842 Verification of signatures on certain petitions: Rejection of signatures.

293.1844 Verification of signatures on certain petitions: Use of available records of county clerk.

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

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

293.190 Provision of registration and voting aids; notice of availability of registration and voting aids and procedures for voting by mail; notice of availability of procedures for registering and voting by electronic transmission for persons with disabilities.

293.192 Confirmation of accessibility of polling places.

293.200 Reimbursement for cost of basic ballot stock.

CONDUCT OF ELECTIONS

293.202 County clerks required to submit written contingency plans to Secretary of State; review and update of plans; briefing to staff regarding plans.

293.203 Procedures if recall or special election will not be held on same day as primary or general election.

USE OF SYSTEM OF APPROVED ELECTRONIC TRANSMISSION BY CERTAIN PERSONS

293.205 “Local elections official” defined.

293.206 Use of system of approved electronic transmission by a person with a disability to register to vote and apply for and cast ballot: Eligibility.

293.207 Application for ballot using system of approved electronic transmission; duties of local elections official to provide certain information to registered voter.

293.208 Declaration of registered voter with a disability.

293.2083 Declaration of registered voter who is tribal member.

293.209 Duty of local elections official if request for ballot using system of approved electronic system received after mail ballot is sent.

293.211 Duty of local elections official if ballot sent pursuant to system of approved electronic transmission.

293.2113 Inadvertent submission of multiple ballots.

293.212 Report by local elections official to Secretary of State after election concerning use of system of approved electronic transmission.

VOTING AT POLLS

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

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

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

293.220 Preparation of election supplies and equipment for each polling place.

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

293.228 Required tests of electronic roster before election.

293.230 Duties of election board before voting.

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

293.242 Use of mobile device for interpretive services by registered voter with physical disability.

293.243 Surrendered mail ballots: Processing; cancellation.

293.245 Requirements for persons to observe conduct of voting at polling place.

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

293.249 Procedures after voting during period for early voting.

293.250 Procedures after voting on election day.

293.255 Postelection certification audits of VVPATs.

VOTING BY PROVISIONAL BALLOT UNDER CERTAIN CIRCUMSTANCES

293.265 “Provisional ballot” defined.

293.270 General requirements; voter appearing at incorrect polling place.

293.275 Notification of certain persons of ability to cast provisional ballot and register to vote.

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

ABSENT BALLOT VOTING

293.305 Delivery of absent ballot by mail. [Replaced in revision by NAC 293.324.]

MAIL BALLOT VOTING

293.321 Plan for disposition of mail ballots in case of emergency.

293.322 Duties of mail ballot central counting board; county clerk required to post public notice; general public authorized to observe handling of mail ballots.

293.324 Delivery of mail ballot.

293.325 Duty of clerk if voter updates mailing address after date on which mail ballot is sent or received.

293.3251 Change of legal name or political party affiliation after mail ballot sent.

293.327 Written notice by registered voter to elect not to receive mail ballot; subsequent written request to receive mail ballot.

293.329 Provision of instructions for correction of mail ballot; duplication of corrected ballot.

293.332 Extension of deadline for receipt of mail ballot or confirmation of signature for mail ballot when deadline is on legal holiday.

293.334 Receipt, recording and verification of signature of mail ballot; procedure for rejected mail ballot; records of chain of custody.

293.336 Compliance with procedures for checking signatures; periodic audits of certain employees in county clerk’s office; testing of electronic device used to sort mail ballots or capture voter’s signature.

293.338 Electronic device used to verify signatures.

293.339 Requirements for daily audit of electronic device used to verify signatures.

293.342 Duties of county 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 county.

293.345 Clerks required to electronically report to Secretary of State certain information concerning status of process.

BALLOT DROP BOXES

293.347 Affixation of unique identifier and county seal or similar design.

293.348 Submission to Secretary of State of list of information for each ballot drop box; submission of amended list under certain circumstances.

293.349 Requirements for security and accessibility.

293.351 Submission of plan to Secretary of State relating to ballot drop boxes that are tampered with or rendered inaccessible; review and approval of plan by Secretary of State.

293.352 Establishment and duties of retrieval team to collect and transport mail ballots to receiving center or central counting place.

293.353 Report to Secretary of State concerning certain costs associated with ballot drop boxes and retrieval teams.

293.354 Request by Indian tribe for establishment or removal of ballot drop box.

PROCESSING AND HAND COUNT OF BALLOTS; RETURNS; REPORTS

293.3555 Recess of counting procedure.

293.356 Requirements for persons to observe processing and counting of ballots at central counting place.

293.35611 Hand count of ballots: Standards; deadline; forms.

293.35613 Submission of plan to Secretary of State relating to hand count of ballots; requirements.

293.35615 Hand count tally team: Composition; workspace.

293.35617 Hand count of ballots: Preparation of ballots; method of hand counting; verification of count; supervision or assistance by Secretary of State upon request of county clerk.

293.35619 Hand count tally team: Writing devices provided by county clerk.

293.357 Reporting of returns from early voting and mail ballots in combination with regular votes of precinct.

293.3573 Primary election for nonpartisan offices: Determination of candidate receiving majority of votes.

293.358 County abstract: Contents; combining of precincts.

293.359 Mechanized report of abstract.

293.3593 Certain summaries of votes are public records.

293.3595 Reporting requirements after election.

RECOUNT OF VOTES

293.361 Restrictions on membership of recount board.

293.362 Notification of timing and observation of recount.

293.365 Manner of conducting canvass.

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

293.375 Determination and allocation of cost.

REGISTRATION OF VOTERS

293.395 “Official identification” interpreted.

293.397 Use of tribal identification card or identification card issued by Department of Corrections as proof of identity and residence.

293.405 Registration of person in county where not previously registered.

293.407 Registration through Department of Motor Vehicles: “Driver’s license” and “identification card” defined.

293.408 Registration through Department of Motor Vehicles: Ineligibility of certain persons to use automatic voter registration system based upon documentation submitted; automatic voter registration system must not transmit information for processing.

293.409 Registration through Department of Motor Vehicles: Procedures for Department to follow if person ineligible to use automatic voter registration system based upon documentation submitted.

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

293.4105 Designation by voter registration agency of employee to ensure compliance with National Voter Registration Act of 1993; duties of designated employee; provision of training and materials by Secretary of State.

293.411 Assignment of identification numbers to certain persons.

293.412 Inactive voters.

293.414 Person convicted of felony; registration upon release from prison.

293.416 Written challenge; oath or affirmation of challenged person.

293.418 Written challenge: Notice to person challenged.

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

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

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

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

293.435 Mailing of application for registration to county clerk.

293.440 Restrictions on alteration of application for registration.

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

293.450 Notice of incomplete application for registration by mail.

STATEWIDE VOTER REGISTRATION LIST

293.456 Duties of county clerk.

293.458 Electronic entry of information to statewide voter registration list; certification; authorized access.

293.462 Verification of information by Secretary of State.

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

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

293.468 Recording of cancelled registration of voter.

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

293.474 Voting history: Format and contents.

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

RISK-LIMITING AUDITS OF ELECTION RESULTS

293.480 Requirements; participation in pilot program for 2022 Primary Election and 2022 General Election. [Effective through December 31, 2023.]

293.481 Requirements; selection of races to audit; creation of ballot manifest; use of software and designation of audit methods.

293.485 Deadlines for submitting and posting results of audits conducted beginning on January 1, 2024.

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

293.500 Definitions.

293.505 “Complainant” defined.

293.510 “Respondent” defined.

293.515 Filing; form; delivery of copy to respondents.

293.520 Review; dismissal and refiling.

293.525 Consolidation; official record.

293.530 Hearing: Request; date; notice; nature.

293.535 Hearing: Hearing officer; conduct of proceedings; determination.

293.540 Review and determination when no hearing requested.

293.545 Remedial action or dismissal; issuance of final determination.

293.550 Proceedings for alternative dispute resolution.

293.555 Final determination or resolution not subject to appeal.

293.560 Assistance in using procedures.

GENERAL PROVISIONS

REVISER’S NOTE.

Pursuant to the provisions of NRS 0.024, the former provisions of NAC 293.010 contained definitions that were deemed duplicative of those set forth in NRS 293.0653 and 293.111 and were subsequently removed from NAC 293.010 in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:

“Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act [NRS 0.024].”

NAC 293.010 Definitions. (NRS 293.124, 293.247, 293.3677, 293.675) As used in this chapter, unless the context otherwise requires:

1. “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.

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

3. “Hand count” means the process of determining the results of an election where the primary method of counting the votes cast for each candidate or ballot question does not involve the use of a mechanical voting system.

4. “Results cartridge” means an elections media cartridge or memory device which contains the electronically recorded ballots cast during the election and from which the ballots are tabulated.

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

6. “Vote center” means a polling place established by the county or city clerk, as applicable, where any person entitled to vote by personal appearance in the county or city, as applicable, may do so during the period for early voting by personal appearance or on the day of the election.

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

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

[Sec’y of State, Conduct of Elections Reg. § ABC-1, eff. 2-28-80]—(NAC A 12-16-83; 11-19-87; 3-15-96; R217-97, 5-26-98; R183-01, 5-10-2002; R072-06, 7-14-2006; R018-07, 9-18-2008; R090-21, R091-21 & R097-21, 2-28-2022; R200-22, R011-23 & R012-23, 9-29-2023)

NAC 293.015 “Polling place” interpreted for purposes of prohibition on soliciting votes and electioneering. (NRS 293.124, 293.247, 293.361, 293.740) As used in NRS 293.361 and 293.740, the Secretary of State will interpret the term “polling place” to mean any place that is designated by the county clerk for voting by personal appearance, including, without limitation, the location of a ballot drop box.

(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022; A by R011-23, 9-29-2023)

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

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

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

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

2. Sign the complaint.

Ê The complaint may include proof of the alleged violation.

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

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

1. The Secretary of State will, not later than November 15 of the year before the year in which a primary election is held:

(a) Prepare and send to each county clerk a written and electronic notice which designates the judicial, statewide and multicounty district offices for which candidates are to be nominated at the primary election; and

(b) Post a copy of the notice prepared pursuant to paragraph (a) on the Internet website of the Secretary of State.

2. Except as otherwise provided in subsection 3, within 10 days after receipt of a notice required to be sent pursuant to subsection 1, the county clerk shall publish once in a newspaper published in his or her county and on the Internet website of the county clerk:

(a) That portion of the notice which applies to his or her county; and

(b) Any county or municipal offices for which candidates are to be nominated at the primary election.

3. For the purposes of the publication required pursuant to subsection 2, if:

(a) No newspaper is published in the county, the publication must be made in any newspaper of general circulation which is published in the nearest county of this State; or

(b) The publication deadline of the newspaper prevents the county clerk from publishing within 10 days, the publication must be made as soon as practicable after receipt of the notice.

[Sec’y of State, Conduct of Elections Reg. § A-4, eff. 2-28-80]—(NAC A 3-17-92; 3-22-94; 3-15-96; R217-97, 5-26-98; R072-06, 7-14-2006; R163-07, 12-4-2007; R092-09, 10-27-2009; R088-21, 2-28-2022; R106-23, 2-27-2024)

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

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

2. The offices which will be filled at the general election of 2016, and each 6 years thereafter, are designated seats A and E. The offices which will be filled at the general election of 2018, and each 6 years thereafter, are designated seats C, F and G. The offices which will be filled at the general election of 2020, and each 6 years thereafter, are designated seats B and D. The following illustrates the sequence:

(a) Seat A — 2016, 2022, 2028, 2034, etc.;

(b) Seat B — 2020, 2026, 2032, 2038, etc.;

(d) Seat D — 2020, 2026, 2032, 2038, etc.;

(e) Seat E — 2016, 2022, 2028, 2034, etc.;

(f) Seat F — 2018, 2024, 2030, 2036, etc.; and

(g) Seat G — 2018, 2024, 2030, 2036, etc.

[Sec’y of State, Conduct of Elections Reg. § A-7, eff. 2-28-80]—(NAC A 3-15-96; R217-97, 5-26-98; R088-21, 2-28-2022)

NAC 293.0602 Additional fee for filing and recording declaration of candidacy. (NRS 293.124, 293.177, 293.247, 293C.145, 293C.175) If a county clerk elects to charge and collect an additional fee for filing and recording a declaration of candidacy for a public office pursuant to NRS 19.013, the county clerk shall:

1. Charge the additional fee for all public offices for which a declaration of candidacy is filed with the county clerk.

2. Notify the Secretary of State using electronic mail or mail not later than 15 days before the start of the candidate filing period in an election year. The written notification must include, without limitation:

(a) That the additional fee is being charged and collected;

(b) The amount of the additional fee; and

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.0604 Declaration of candidacy: Methods of filing; correction of errors in filing documents or fee required. (NRS 293.124, 293.177, 293.247, 293C.145, 293C.175)

1. A person may file a declaration of candidacy pursuant to NRS 293.177:

(a) By submitting the notarized filing documents by mail;

(b) In person; or

2. If the filing officer provides the option to file a declaration of candidacy virtually using a remote technology system:

(a) The candidate must have paper copies of the documents during the virtual meeting and pay the filing fee required by NRS 293.193 before the virtual meeting.

(b) Each of the filing documents must be filled out and signed by the candidate and then held up to the camera for confirmation by the filing officer.

(c) Upon completion of the virtual meeting, the candidate must mail the original filing documents to the filing officer. The filing date for the candidate is the date on which the filing documents are received by the filing officer, which must not be later than the deadline set forth in NRS 293.177 for filing a declaration of candidacy.

3. A filing officer is not responsible for notifying a person filing a declaration of candidacy of any errors in the filing documents or filing fee. If any errors in the filing documents or filing fee are not corrected by 5 p.m. on the deadline set forth in NRS 293.177 for filing a declaration of candidacy, the name of the person may not be printed on a ballot as a candidate.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.0605 Prohibition on filing declaration of candidacy or nomination papers for multiple special district offices. (NRS 293.124, 293.177, 293.247, 293C.145, 293C.175)

1. In accordance with NRS 281.055, a person may not file a declaration of candidacy or other nomination papers for more than one elective office of any special district.

2. The provisions of this section and NRS 281.055 do not prohibit a person from serving in more than one special district in a capacity other than elective office.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.0606 When candidacy for major political party authorized. (NRS 293.124, 293.176, 293.247) For the purposes of NRS 293.176:

1. A person may be a candidate of a major political party for partisan office in an election if:

(a) The person’s designation of political party or political party affiliation was changed as a result of a transaction with an automatic voter registration agency during the automatic voter registration process and the person did not intentionally change his or her designation of political party or political party affiliation during the transaction; or

(b) The person has not previously registered to vote in this State and submits a new application to register to vote designating a political party affiliation with a major political party before the deadline set forth in NRS 293.177 for filing a declaration of candidacy, unless the designation of his or her affiliation on the application filed in this State is filed during the period set forth in NRS 293.176 and has been changed from the designation of political party or political party affiliation on an application filed in any other state.

2. A person who cancels his or her voter registration and submits a new application to register to vote may not be a candidate of a major political party for partisan office in an election if the person changed his or her designation of political party or political party affiliation when cancelling his or her voter registration and submitting a new application.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.0607 Submission of photograph of candidate. (NRS 293.124, 293.247)

1. In accordance with the provisions of this section, a candidate, the spouse of a candidate or a member of the campaign staff of a candidate may submit a photograph of the candidate to the Office of the Secretary of State to be uploaded to the Internet website of the Secretary of State beginning on the first Monday in March preceding the election and not later than 5 p.m. on the second Friday preceding the day of the election. Any photograph submitted after 5 p.m. on the second Friday preceding the date of the election will be uploaded to the Internet website of the Secretary of State, if practicable.

2. The Office of the Secretary of State will not contact any candidate who does not submit a photograph to obtain such a photograph.

3. The Office of the Secretary of State will:

(a) Only accept digital photographs; and

(b) Crop each photograph to approximately 2 inches above the head of the candidate and 8 inches below the chin of the candidate.

4. The Office of the Secretary of State may, at the discretion of the Office, reject a photograph of a candidate submitted pursuant to this section for any reason, including, without limitation, if the photograph is offensive, contains nudity, alcohol or drug paraphernalia, contains writing or symbols that indicate allegiance to any group or organization or contains persons or objects other than the candidate.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

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

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

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

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

NAC 293.077 Major and minor political parties: Use of name on ballot, sample ballot or application to register to vote. (NRS 293.124, 293.247) If a major political party or minor political party files an amended certificate of existence pursuant to NRS 293.128 or 293.171, respectively, that amends the name of the political party:

1. The amended name of the political party is not required to be used by the Secretary of State, county clerk or city clerk on any ballot, sample ballot or application to register to vote until January 1 of the year following the year in which the amended certificate of existence is filed with the Secretary of State and thereafter.

2. The former name of the political party may be used by the Secretary of State, county clerk or city clerk on any ballot, sample ballot or application to register to vote through December 31 of the year in which the amended certificate of existence is filed with the Secretary of State.

(Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)

NAC 293.081 Name of candidate on ballot; use of surname; change of manner in which name of candidate appears on ballot. (NRS 293.124, 293.247, 293.2565)

1. For the purposes of NRS 293.2565, the surname of the candidate printed on a ballot may be his or her original surname or married surname. A candidate may not request that a new modification or combination of his or her original surname and married surname appear on a ballot.

2. 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 he or she filed the declaration of candidacy not later than 5 p.m. on the last day to file the declaration of candidacy. This subsection 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, eff. 3-15-96; A by R217-97, 5-26-98; R088-21, 2-28-2022; R014-23, 9-29-2023)

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

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

2. The Secretary of State will prepare statewide ballot questions, the accompanying explanations, arguments and condensations, the forms for applications to register to vote, other statewide forms and election information prescribed by the Secretary of State pursuant to NRS 293.247 in the appropriate minority language to affected jurisdictions pursuant to 52 U.S.C. § 10503 and provide them to the county clerks for distribution to the public.

3. The county clerks shall prepare all ballot questions other than those described in subsection 2, the accompanying explanations, arguments and condensations, the notice of offices to be filled and other county and local forms and election information in the appropriate minority language to affected jurisdictions pursuant to 52 U.S.C. § 10503.

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

[Sec’y of State, Conduct of Elections Reg. §§ A-8 & A-9, eff. 2-28-80]—(NAC A 3-15-96; R072-06, 7-14-2006; R011-23, 9-29-2023)

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

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

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

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

4. Provide an electronic copy of each sample ballot for a primary 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 county clerk’s office.

[Sec’y of State, Conduct of Elections Reg. § A-12, eff. 2-28-80]—(NAC A 7-18-88; R217-97, 5-26-98; R183-01, 5-10-2002; R072-06, 7-14-2006; R088-21, 2-28-2022)

NAC 293.130 Sample ballots: General elections. (NRS 293.124, 293.247, 293.3025, 293.565) Sample ballots for general elections must be prepared in the same manner, quantity and form as sample ballots for primary elections and must be distributed and posted in the same manner. The county clerk shall prepare a sufficient number of explanations of the questions on the ballot so that he or she can mail one with each sample ballot, post one in a conspicuous place in his or her office and post at least two in each polling place.

[Sec’y of State, Conduct of Elections Reg. § A-13, eff. 2-28-80]—(NAC A 7-18-88; R217-97, 5-26-98; R097-21, 2-28-2022)

NAC 293.132 Sample ballots: Presidential preference primary elections. (NRS 293.124, 293.247, 293.565, 298.690) The county clerk shall:

1. Distribute sample ballots for the presidential preference primary election pursuant to NRS 298.690. If only one major political party has two or more qualified candidates for the presidential preference primary election, the county clerk is only required to distribute a sample ballot for the presidential preference primary election to registered voters who indicated an affiliation with that major political party 20 days or more before the date of the presidential preference primary election.

2. Provide an electronic copy of the sample ballot for the presidential preference primary election prepared pursuant to NRS 293.565 to each candidate who has filed with the Secretary of State a declaration of candidacy and has provided his or her electronic mail address.

3. Provide an electronic copy of each sample ballot for a presidential preference primary election prepared pursuant to NRS 293.565 to the Secretary of State.

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

(Added to NAC by Sec’y of State by R009-23, eff. 9-29-2023)

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

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

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

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

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

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

4. Any election board which receives mail ballots from the county clerk shall follow the procedure prescribed for mail ballots in NRS 293.269911 to 293.269937, inclusive.

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

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

7. If a mail ballot central counting board is appointed pursuant to NRS 293.269929, the members of the board shall meet at a place and time designated by the county clerk to process mail ballots.

[Sec’y of State, Conduct of Elections Reg. §§ A-22 - A-34, eff. 2-28-80]—(NAC A 7-18-88; 3-22-94; R217-97, 5-26-98; R072-06, 7-14-2006; R011-23, 9-29-2023)

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

1. If a mail ballot central counting board has been appointed pursuant to NRS 293.269929, mail ballots cast by voters whose eligibility to vote has been successfully challenged solely on the basis of a change of residence within the county must be counted and recorded separately from those cast by other voters in any precinct pursuant to NRS 293.304.

2. If a mail ballot central counting board has not been appointed, the county clerk shall provide the manner of counting such ballots.

(Added to NAC by Sec’y of State, eff. 6-15-82; A 7-18-88; R217-97, 5-26-98; R011-23, 9-29-2023)

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

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

NAC 293.1775 Statement of principle on petition of candidacy for independent candidate. (NRS 293.124, 293.200, 293.247) Any statement of principle included on a petition of candidacy pursuant to subsection 3 of NRS 293.200 must be 200 words or less and appear on each signature page of the petition.

(Added to NAC by Sec’y of State by R092-23, eff. 2-27-2024)

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

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

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

(a) Contain sequentially numbered spaces for:

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

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

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

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

(5) The date of the signature.

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

STATE OF NEVADA

COUNTY OF _____________

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

_________________________________

Signature of circulator

Subscribed and sworn to or affirmed

before me this ____ day of ____, _____.

_______________________________

Notary public or other person licensed

to administer an oath

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

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

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

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

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

NAC 293.1823 Verification of signatures on certain petitions: Form for submission of information to Secretary of State. (NRS 293.124, 293.1276, 293.1277, 293.1278, 293.1279, 293.247) Any information relating to the verification of signatures that a county clerk is required to forward, transmit or otherwise submit to the Secretary of State pursuant to NRS 293.1276 to 293.1279, inclusive, must be forwarded, transmitted or otherwise submitted on the form prescribed by the Secretary of State for that purpose.

(Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)

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

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

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

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

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

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

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

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

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

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

NAC 293.184 Verification of signatures on certain petitions: Determination of total signatures and tally for each petition district. (NRS 293.1276) To determine the total number of signatures affixed to a petition and tally the number of signatures for each petition district contained fully or partially within a county pursuant to NRS 293.1276, a county clerk shall count each signature on the petition, including, without limitation, any signature on the petition that has been crossed out.

(Added to NAC by Sec’y of State by R091-23, eff. 2-27-2024)

NAC 293.1842 Verification of signatures on certain petitions: Rejection of signatures. (NRS 293.1277, 293.1279, 295.055)

1. A county clerk may reject a signature on a petition if:

(a) Pursuant to NRS 293.12757, the person who signed the petition was not qualified to register to vote or had not properly completed an authorized method of registering to vote on the date on which he or she signed the petition;

(b) Pursuant to subsection 1 of NRS 293.1277, the person signed for an incorrect petition district;

(c) Pursuant to NRS 295.055 or 306.015, the person who signed the petition subsequently requested to have his or her name removed from the petition; or

(d) Pursuant to subsection 5 of NRS 293.1277 and subsection 3 of NRS 293.1279, the signature of the person who signed the petition does not match any signature contained in the county clerk’s file of applications to register to vote.

2. A county clerk shall not reject a signature on a petition:

(a) Except as otherwise provided in this paragraph, if the petition form is printed on both sides of the paper. If the petition form is printed on both sides of the paper and the signatures written on opposite sides are rendered illegible or impossible to compare to the signature on record, the county clerk may reject the signature.

(b) Based on the order of the first and last name printed on the petition.

3. If the county clerk determines while verifying signatures on a petition that an address on the petition does not match the address of the registered voter in the file of applications to register to vote, the county clerk:

(a) Shall notify the registered voter of the discrepancy, which may be accomplished by, without limitation, posting notice of the discrepancy on the Internet website of the county clerk. Such notice must include the name of the registered voter and information on how the registered voter may contact the county clerk to resolve the discrepancy.

(b) Shall not verify the signature of any person whom the county clerk has notified of an address discrepancy pursuant to paragraph (a) unless the person demonstrates to the satisfaction of the county clerk that the person is a registered voter of the State, county, district or municipality to which the petition pertains.

4. Pursuant to subsection 9 of NRS 293.1277, a county clerk shall ensure:

(a) A person who submits a petition to the county clerk containing signatures that are required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 may witness the verification of signatures on the petition; and

(b) A public officer who is the subject of a recall petition may witness the verification of signatures on the recall petition.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.1844 Verification of signatures on certain petitions: Use of available records of county clerk. (NRS 293.1277) When verifying signatures on a petition pursuant to subsection 6 of NRS 293.1277, the county clerk may check the signature of the person who signed the petition against all signatures of the person available in the records of the county clerk.

(Added to NAC by Sec’y of State by R091-23, eff. 2-27-2024)

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

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

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

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

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

1. An audio tape;

2. The telephone;

3. A telecommunications device that is accessible to a person who is deaf or hard of hearing;

4. An Internet site; or

5. A closed-captioned video.

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

NAC 293.190 Provision of registration and voting aids; notice of availability of registration and 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, 293.469)

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

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

(b) Information through telecommunication devices for persons who are deaf or hard of hearing.

2. When the county clerk provides public notice of registration and voting, he or she shall also provide notice of the availability of registration aids and voting aids, 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, eff. 7-18-88; A 3-22-94; 3-15-96; R081-21 & R090-21, 2-28-2022)

NAC 293.192 Confirmation of accessibility of polling places. (NRS 293.124, 293.247, 293.2955)

1. Not sooner than 45 days before each election and not later than the first day the polls are open during the period of early voting, the county clerk shall submit to the Secretary of State the form prescribed by the Secretary of State to confirm that the applicable requirements of NRS 293.2955 will be met at each polling place in the county.

2. If the location of any polling place is changed after the date on which the county clerk submits the form required pursuant to subsection 1, the county clerk shall, not more than 5 business days after the location is changed, submit a new form to the Secretary of State confirming that the applicable requirements of NRS 293.2955 will be met at the new polling place location.

(Added to NAC by Sec’y of State by R106-23, eff. 2-27-2024)

NAC 293.200 Reimbursement for cost of basic ballot stock. (NRS 293.124, 293.247, 298.640, 298.710)

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

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

(a) For the cost of the basic ballot stock for the presidential preference primary election not later than March 30 of the year in which the presidential preference primary election is held.

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

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

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

[Sec’y of State, Conduct of Elections Reg. § B-1, eff. 2-28-80]—(NAC A 3-15-96; R072-06, 7-14-2006; R092-09, 10-27-2009; R091-21, 2-28-2022; R008-23, 9-29-2023)

CONDUCT OF ELECTIONS

NAC 293.202 County 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, 298.640, 298.690)

1. Each county clerk shall, not later than 60 days before the date of any election, submit to the Secretary of State for approval 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 county 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 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 county clerk shall submit to the Secretary of State for approval a written contingency plan for the tabulation of ballots in the event that the county experiences a loss of the central counting equipment or the use of the central counting place. If the county clerk invokes this contingency plan, the county 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 county 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 election, the county clerk shall:

(a) Review the existing contingency plans required by subsections 1 and 3, update the plans as necessary and, except as otherwise provided in subsection 5, submit the updated plans to the Secretary of State; and

(b) Ensure that any election staff in the office of the county clerk and all other relevant county employees have been briefed on the contingency plans.

5. If no changes are being made to the contingency plans required by subsections 1 and 3, the county clerk may resubmit the plans for a subsequent election. If the county clerk resubmits the plans, the county clerk must indicate that fact on a form prescribed by the Secretary of State.

6. The Secretary of State will review each plan submitted pursuant to this section and, not later than 15 days after a plan is submitted, notify the county clerk whether the plan complies with the requirements of this section.

(Added to NAC by Sec’y of State by R091-21, eff. 2-28-2022; A by R008-23, 9-29-2023; R106-23, 2-27-2024)

NAC 293.203 Procedures if recall or special election will not be held on same day as primary or general election. (NRS 293.124, 293.247, 306.011)

1. If a recall or other special election is called in a county and will not be held on the same day as the primary election or general election:

(a) The county 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

(b) The Secretary of State will confer with the county clerk regarding, if applicable:

(1) The use of the system of approved electronic transmission established pursuant to NRS 293D.200;

(2) The locations of polling places, including, without limitation, polling places for early voting by personal appearance and vote centers;

(3) The locations of ballot drop boxes for mail ballots;

(4) A plan for the security of ballots for early voting and on election day;

(5) A plan for allowing members of the general public to observe the conduct of voting at a polling place; and

(6) 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.

2. Any plan required to be submitted to the Secretary of State by a county clerk before an election pursuant to this chapter or chapter 293B of NAC and chapter 293 or 293B of NRS, insofar as applicable, including, without limitation, the plans specified in paragraph (b) of subsection 1, must be submitted before a recall election. The county clerk must submit each plan not more than 5 business days after receiving the notification from the Secretary of State pursuant to subsection 1 of NRS 306.040. The Secretary of State will review each plan submitted pursuant to this subsection and, not later than 15 days after a plan is submitted, notify the county clerk whether the plan complies with the requirements of this chapter or chapter 293B of NAC and chapter 293 or 293B of NRS, as applicable.

(Added to NAC by Sec’y of State by R105-21, eff. 2-28-2022; A by R011-23, 9-29-2023; R107-23, 2-27-2024)

USE OF SYSTEM OF APPROVED ELECTRONIC TRANSMISSION BY CERTAIN PERSONS

NAC 293.205 “Local elections official” defined. (NRS 293.124, 293.247, 293.250, 293.269951) As used in NAC 293.205 to 293.212, inclusive, “local elections official” has the meaning ascribed to it in NRS 293D.040.

(Added to NAC by Sec’y of State by R081-21, eff. 2-28-2022; A by R009-23, 9-29-2023)

NAC 293.206 Use of system of approved electronic transmission by a person with a disability to register to vote and apply for and cast ballot: Eligibility. (NRS 293.124, 293.247, 293.250, 293.269951) For the purposes of NRS 293.269951, an elector with a disability may use the system of approved electronic transmission established pursuant to NRS 293D.200 to register to vote, and a registered voter with a disability may use the system of approved electronic transmission established pursuant to NRS 293D.200 to apply for and cast a ballot, if the elector or registered voter, as applicable:

1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the elector or registered voter;

2. Has a record of such an impairment; or

3. Is regarded as having such an impairment.

(Added to NAC by Sec’y of State by R081-21, eff. 2-28-2022)

NAC 293.207 Application for ballot using system of approved electronic transmission; duties of local elections official to provide certain information to registered voter. (NRS 293.124, 293.247, 293.250, 293.269951)

1. A registered voter who applies for a ballot pursuant to NRS 293.269951 must indicate on the application:

(a) Whether the local elections official must send the ballot to the registered voter by mail or approved electronic transmission; and

(b) Whether the registered voter will return the ballot to the local elections official by mail or approved electronic transmission.

2. If a registered voter indicates on the application for a ballot that he or she will return the ballot by mail, the local elections official must provide to the registered voter a ballot and instructions for marking and returning the ballot, including, without limitation:

(a) How to indicate the candidate or candidates for whom the voter is voting;

(b) How to correct the ballot if the voter commits an error marking the ballot or wants to change the candidate or candidates for whom the voter is voting;

(d) An explanation that the registered voter must insert the ballot and secrecy sleeve into the return envelope and sign the accompanying declaration of a covered voter;

(e) An explanation that the registered voter must complete and sign the declaration on the front of the return envelope; and

(f) An explanation of the deadline for the registered voter to cast and return the ballot and other necessary voting materials, including, without limitation, the declaration set forth in NAC 293.208 or 293.2083, as applicable, by mail to the appropriate local elections official.

3. If a registered voter indicates on the application for a ballot that he or she will return the ballot by approved electronic transmission, the local elections official must provide to the registered voter a ballot and instructions for marking and returning the ballot, including, without limitation:

(a) How to indicate the candidate or candidates for whom the registered voter is voting.

(b) An explanation that the declaration set forth in NAC 293.208 or 293.2083, as applicable, must be signed by the registered voter and returned by approved electronic transmission with the ballot.

(d) An explanation of the deadline for the registered voter to cast and return the ballot and other necessary voting materials, including, without limitation, the declaration set forth in NAC 293.208 or 293.2083, as applicable, by approved electronic transmission to the appropriate local elections official.

4. In addition to any applicable requirements set forth in subsections 2 and 3, the local elections official must:

(a) Provide to the registered voter the contact information of the local elections official or an authorized representative of the local elections official who will be available during normal business hours to answer questions from the voter concerning the ballot. Such information must include, without limitation, the local elections official or authorized representative’s name, address, phone number, facsimile transmission number and electronic mail address.

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

(c) Provide to the registered voter any other information required by the Secretary of State or local elections official.

(Added to NAC by Sec’y of State by R081-21, eff. 2-28-2022; A by R009-23 & R011-23, 9-29-2023)

NAC 293.208 Declaration of registered voter with a disability. (NRS 293.124, 293.247, 293.250, 293.269951)

1. The declaration that is required pursuant to NRS 293.269951 for use by a registered voter with a disability who indicates that he or she will return the military-overseas ballot by approved electronic transmission must be in the following form:

DECLARATION OF REGISTERED VOTER WITH A DISABILITY

I am a registered voter with a disability.

I am a citizen of the United States.

I will be at least 18 years of age on election day.

I have not been adjudicated mentally incompetent, or if so, my right to vote has been restored.

I am not registered to vote in any other jurisdiction in the United States.

I have not applied, nor do I intend to apply, for a ballot from any other jurisdiction for the same election.

The information on this form is true and complete to the best of my knowledge.

I acknowledge that if I return my voted ballot by approved electronic transmission, I have waived my right to have my ballot kept secret. Nevertheless, I understand that my signature will be permanently separated from my voted ballot to maintain its secrecy at the outset of the tabulation process and thereafter.

I understand that a material misstatement of fact in completing this document may be grounds for a conviction of perjury under the laws of the United States or this State.

I declare under penalty of perjury under the laws of the United States and this State that the foregoing is true and correct.

(Signed)

...........................................................

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE DECLARATION AND INCLUDE IT WITH YOUR BALLOT.

2. The declaration that is required pursuant to NRS 293.269951 for use by a registered voter with a disability who indicates that he or she will return the ballot by mail must be in the following form:

DECLARATION OF REGISTERED VOTER WITH A DISABILITY

I am a registered voter with a disability.

I am a citizen of the United States.

I will be at least 18 years of age on election day.

I have not been adjudicated mentally incompetent, or if so, my right to vote has been restored.

I am not registered to vote in any other jurisdiction in the United States.

I have not applied, nor do I intend to apply, for a ballot from any other jurisdiction for the same election.

The information on this form is true and complete to the best of my knowledge.

I understand that a material misstatement of fact in completing this document may be grounds for a conviction of perjury under the laws of the United States or this State.

I declare under penalty of perjury under the laws of the United States and this State that the foregoing is true and correct.

(Signed)

...........................................................

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE DECLARATION AND INCLUDE IT WITH YOUR BALLOT.

(Added to NAC by Sec’y of State by R081-21, eff. 2-28-2022)

NAC 293.2083 Declaration of registered voter who is tribal member. (NRS 293.124, 293.247, 293.250, 293.269951)

1. The declaration that is required pursuant to NRS 293.269951 for use by a registered voter who is a tribal member and resides on an Indian reservation or Indian colony and indicates that he or she will return the ballot by approved electronic transmission must be in the following form:

DECLARATION OF REGISTERED VOTER WHO IS A TRIBAL MEMBER AND WHO RESIDES ON AN INDIAN RESERVATION OR INDIAN COLONY

I am a registered voter who is a tribal member and who resides on an Indian reservation or Indian colony.

I am a citizen of the United States.

I will be at least 18 years of age on election day.

I have not been adjudicated mentally incompetent, or if so, my right to vote has been restored.

I am not registered to vote in any other jurisdiction in the United States.

I have not applied, nor do I intend to apply, for a ballot from any other jurisdiction for the same election.

The information on this form is true and complete to the best of my knowledge.

I understand that a material misstatement of fact in completing this document may be grounds for a conviction of perjury under the laws of the United States or this State.

I declare under penalty of perjury under the laws of the United States and this State that the foregoing is true and correct.

(Signed)

...........................................................

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE DECLARATION AND INCLUDE IT WITH YOUR BALLOT.

2. The declaration that is required pursuant to NRS 293.269951 for use by a registered voter who is a tribal member and who resides on an Indian reservation or Indian colony and indicates that he or she will return the ballot by mail must be in the following form:

DECLARATION OF REGISTERED VOTER WHO IS A TRIBAL MEMBER AND WHO RESIDES ON AN INDIAN RESERVATION OR INDIAN COLONY

I am a registered voter who is a tribal member and who resides on an Indian reservation or Indian colony.

I am a citizen of the United States.

I will be at least 18 years of age on election day.

I have not been adjudicated mentally incompetent, or if so, my right to vote has been restored.

I am not registered to vote in any other jurisdiction in the United States.

I have not applied, nor do I intend to apply, for a ballot from any other jurisdiction for the same election.

The information on this form is true and complete to the best of my knowledge.

I understand that a material misstatement of fact in completing this document may be grounds for a conviction of perjury under the laws of the United States or this State.

I declare under penalty of perjury under the laws of the United States and this State that the foregoing is true and correct.

(Signed)

...........................................................

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE DECLARATION AND INCLUDE IT WITH YOUR BALLOT.

(Added to NAC by Sec’y of State by R009-23, eff. 9-29-2023)

NAC 293.209 Duty of local elections official if request for ballot using system of approved electronic system received after mail ballot is sent. (NRS 293.124, 293.247, 293.250, 293.269951) If a local elections official receives a request for a ballot from a registered voter who is authorized to make such a request pursuant to NRS 293.269951 after a mail ballot has been sent to the registered voter pursuant to NRS 293.269911 to 293.269937, inclusive, or NRS 293C.263 to 293C.26337, inclusive, the local elections official must indicate that the mail ballot is cancelled in the mail ballot record.

(Added to NAC by Sec’y of State by R081-21, eff. 2-28-2022; A by R009-23, 9-29-2023)

NAC 293.211 Duty of local elections official if ballot sent pursuant to system of approved electronic transmission. (NRS 293.124, 293.247, 293.250, 293.269951) If a local elections official sends a ballot to a registered voter pursuant to NRS 293.269951, the local elections official must:

1. Record in the ballot record:

(a) The name of the voter, the voter’s precinct or district and the voter’s political affiliation, if any.

(b) The method used by the local elections official to send the ballot to the registered voter. If approved electronic transmission is used by the local elections official to send the ballot, the local elections official must record in the ballot record the destination of the ballot, such as the facsimile transmission number or electronic mailing address, as applicable, to which the local elections official sent the ballot.

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

2. Maintain the original ballot card in a secured area where access is allowed only with the approval of the local elections official.

(Added to NAC by Sec’y of State by R081-21, eff. 2-28-2022; A by R009-23 & R011-23, 9-29-2023)

NAC 293.2113 Inadvertent submission of multiple ballots. (NRS 293.247, 293.269951)

1. If a registered voter who is authorized to cast a ballot by approved electronic transmission pursuant to NRS 293.269951 attempts to submit a ballot by approved electronic transmission and inadvertently submits more than one ballot, only the first ballot received by the local elections official may be counted.

2. Nothing in this section authorizes:

(a) A registered voter who is authorized to cast a ballot by approved electronic transmission pursuant to NRS 293.269951 to cast more than one ballot; or

(b) A local elections official to count more than one ballot received from a registered voter who is authorized to cast a ballot by approved electronic transmission pursuant to NRS 293.269951.

(Added to NAC by Sec’y of State by R013-23, eff. 9-29-2023)

NAC 293.212 Report by local elections official to Secretary of State after election concerning use of system of approved electronic transmission. (NRS 293.124, 293.247, 293.250, 293.269951) Not later than 60 days after the date of an election, each local elections official shall report to the Secretary of State, in the form prescribed by the Secretary of State:

1. The number of ballots for that election that the local elections official sent to registered voters pursuant to NRS 293.269951;

2. The number of ballots for that election that were returned by registered voters pursuant to NRS 293.269951; and

3. The number of ballots described in subsection 2 which were counted by the local elections official.

(Added to NAC by Sec’y of State by R081-21, eff. 2-28-2022; A by R009-23, 9-29-2023)

VOTING AT POLLS

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

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

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

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

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

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

(Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R011-23, 9-29-2023)

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

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

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

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

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

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

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

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

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

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

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

(b) Notifying the Secretary of State of election results tabulated during the period for early voting and received on the day of election.

Ê The plan required pursuant to this subsection must be submitted to the Secretary of State for his or her approval not later than 90 days before each election. If no changes are being made to the plan, the county clerk may resubmit the plan for a subsequent election. If the county clerk resubmits the plan, the county clerk must indicate that fact on a form prescribed by the Secretary of State.

5. The Secretary of State will review each plan submitted pursuant to this section and, not later than 15 days after the plan is submitted, notify the county clerk whether the plan complies with the requirements of this section.

(Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R124-11, 12-30-2011; R011-23, 9-29-2023; R106-23, 2-27-2024)

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

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

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

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

(a) The roster;

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

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

(d) If the polling place:

(1) Is a vote center, a means to electronically provide 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 which pertains to the election;

(e) A procedural checklist for election boards; and

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

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

[Sec’y of State, Conduct of Elections Reg. § B-3, eff. 2-28-80]—(NAC A 7-18-88; 3-15-96; R217-97, 5-26-98; R072-06, 7-14-2006; R097-21, 2-28-2022; R011-23, 9-29-2023)

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

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

(a) One flag of the United States.

(b) Any notices or other materials required to be posted at each polling place pursuant to NRS 293.184, 293.2045, 293.2549, 293.2955, 293.301, 293.302, 293.3025, 293.361, 293.740 and 293.780 and NAC 293.240.

(c) If a procedure for multilingual voting is used in the county, the required notices in the appropriate foreign languages.

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

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

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

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

[Sec’y of State, Conduct of Elections Reg. §§ A-17 - A-21, eff. 2-28-80]—(NAC A 12-16-83; 7-18-88; 3-22-94; 3-15-96; R217-97, 5-26-98; R072-06, 7-14-2006; R163-07, 12-4-2007; R097-21, 2-28-2022; R011-23, 9-29-2023)

NAC 293.228 Required tests of electronic roster before election. (NRS 293.124, 293.247, 293.275, 298.640, 298.690)

1. If a county clerk uses an electronic roster for an election, the county clerk must conduct logic and accuracy tests on the electronic roster and certify to the Secretary of State that the testing was completed by the deadline set forth in NRS 293.275.

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 election and the type of election, including, without limitation, whether the election is a presidential preference primary election, primary election, general election or special election;

(3) The name of the county;

(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 county;

(b) For at least one electronic roster assigned to each polling place, the correct functioning of the electronic roster for the following situations:

(1) A registered voter in the county who appears to vote in person who has not voted in the election;

(2) A registered voter in the county 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 county with a precinct split; and

(1) Printing labels;

(2) Printing activation cards or ballot cards;

(3) That a ballot issued by one electronic roster is indicated 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 county clerk.

(Added to NAC by Sec’y of State by R092-21, eff. 2-28-2022; A by R008-23, 9-29-2023)

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

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

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

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

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

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

(a) May issue the voter a receipt.

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

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

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

4. 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.

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

[Sec’y of State, Conduct of Elections Reg. §§ B-7 - B-12, eff. 2-28-80]—(NAC A 12-16-83; R217-97, 5-26-98; R072-06, 7-14-2006; R163-07, 12-4-2007; R124-11, 12-30-2011; R011-23, 9-29-2023)

NAC 293.242 Use of mobile device for interpretive services by registered voter with physical disability. (NRS 293.124, 293.247, 293.296) For purposes of NRS 293.296, a registered voter with a physical disability may use a mobile device to access interpretive services to assist him or her in casting a vote in an election. Such interpretive services may include, without limitation, interpretive services using American Sign Language.

(Added to NAC by Sec’y of State by R094-23, eff. 2-27-2024)

NAC 293.243 Surrendered mail ballots: Processing; cancellation. (NRS 293.124, 293.247, 293.269917, 293C.26316)

1. If a voter applies to vote in person at a polling place and surrenders his or her mail ballot pursuant to subsection 3 of NRS 293.269917, the election board officer shall ask the voter to open the envelope so that the mail ballot may be accessed and marked cancelled pursuant to subsection 2. If the voter has already shredded the mail ballot, the shredded mail ballot must be surrendered and placed into a container labeled “Cancelled ballots.”

2. To mark a mail ballot cancelled the election board officer shall:

(a) Use a rubber stamp to stamp the mail ballot or stamp both the mail ballot and the return envelope; or

(b) Write the word “Cancelled” by hand on the mail ballot or on both the mail ballot and the return envelope.

3. In addition to marking the mail ballot cancelled pursuant to subsection 2, the election board officer may:

(a) Tear a small corner off the mail ballot;

(b) Use a hole punch to put a hole in the mail ballot; or

4. All surrendered mail ballots and mail ballot return envelopes must be deposited in the vaults of the county clerk and preserved for a period of at least 22 months. After this period, all such surrendered mail ballots and return envelopes must be destroyed immediately.

5. If a voter indicates that he or she elected not to receive a mail ballot pursuant to NRS 293.269911 or did not receive a mail ballot, the voter is not required to surrender a mail ballot or sign an affirmation under penalty of perjury before voting.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.245 Requirements for persons to observe conduct of voting at polling place. (NRS 293.124, 293.247)

1. Subject to the provisions of subsections 2 to 8, inclusive, any person may observe the conduct of voting at a polling place, including, without limitation, a polling place for early voting and a vote center.

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

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

(1) Talking to voters within the polling place;

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

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

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

(5) Interfering with the conduct of voting; and

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

3. The county or city clerk may, at his or her discretion:

(a) Limit the number of persons in the polling place who are observing the conduct of voting pursuant to this section for reasons of public safety or to protect voter privacy or maintain order.

(b) Remove from a polling place a person observing the conduct of voting pursuant to this section for violating any provision of title 24 of NRS or any of the provisions of paragraph (a) of subsection 2.

4. A person observing the conduct of voting at a polling place pursuant to subsection 1 must comply with the same requirements that apply to members of the general public pursuant to NRS 293.274, 293.305, 293.730, 293C.269 and 293C.297.

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

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

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

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

9. As used in this section:

(a) “Advocate” includes, without limitation, speaking, displaying or disseminating written material and wearing identifying clothing, buttons or other paraphernalia.

(b) “Meaningful observation” means a person may observe the identification of voters who appear at a polling place to vote, the distribution of a ballot or voting machine card to a voter, the movement of a voter to a voting booth, the return of a ballot or voting machine card by a voter and the exiting of a polling place by a voter. The term does not include allowing a person to:

(1) View the personal information of a voter, a voter’s ballot or selections on a voting machine; or

(2) Listen to any conversation between election board officers or between a voter and an election board officer.

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R072-06, 7-14-2006; R163-07, 12-4-2007; R092-09, 10-27-2009; R124-11, 12-30-2011; R098-21, 2-28-2022)

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

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

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

(b) Has entered the polling place.

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

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

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

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

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

NAC 293.249 Procedures after voting during period for early voting. (NRS 293.124, 293.247)

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;

(b) Ballots cast at the polling place on that day;

(d) Mail ballots dropped off for processing by the mail ballot central counting board.

Ê If a difference exists between the numbers determined pursuant to paragraphs (a) and (b), the difference must be reported in writing to the county clerk, together with any known reasons for the difference.

2. The numbers determined pursuant to subsection 1 must be entered by the election board on the forms provided by the county clerk.

(Added to NAC by Sec’y of State by R097-21, eff. 2-28-2022; A by R011-23, 9-29-2023)

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

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;

(b) Ballots cast at the polling place;

(d) Mail ballots dropped off for processing by the mail ballot central counting board.

2. The numbers determined pursuant to subsection 1 must be entered by the election board on the forms provided by the county clerk.

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

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

[Sec’y of State, Conduct of Elections Reg. §§ B-13 - B-16, eff. 2-28-80; § B-17, eff. 10-15-81]—(NAC A 7-18-88; R217-97, 5-26-98; R183-01, 5-10-2002; R072-06, 7-14-2006; R097-21, 2-28-2022; R011-23, 9-29-2023)

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

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

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

3. The county clerk of a county whose population is 100,000 or more must randomly select a number of mechanical recording devices equal to 2 percent of the number of mechanical recording devices with attached VVPATs used in the election, or not less than 20 mechanical recording devices, whichever is greater, for the postelection certification audit. From each such mechanical recording device, the county clerk must select a vote to compare at random. If a discrepancy of four or more votes is discovered during the postelection certification audit, the county clerk must immediately notify the Secretary of State and investigate the cause of the discrepancy. If the discrepancy cannot be resolved, the county clerk must randomly select an additional number of mechanical recording devices equal to 2 percent of the number of mechanical recording devices with attached VVPATs used in the election, or not less than 20 mechanical recording devices, whichever is greater, for the postelection certification audit. From each such mechanical recording device, the county clerk must select a vote to compare at random.

4. The county clerk of a county whose population is less than 100,000 must randomly select a number of mechanical recording devices equal to 3 percent of the number of mechanical recording devices with attached VVPATs used in the election, or not less than four mechanical recording devices, whichever is greater, for the postelection certification audit. From each such mechanical recording device, the county clerk must select a vote to compare at random. If a discrepancy of four or more votes is discovered during the postelection certification audit, the county clerk must immediately notify the Secretary of State and investigate the cause of the discrepancy. If the discrepancy cannot be resolved, the county clerk must randomly select an additional number of mechanical recording devices equal to 3 percent of the number of mechanical recording devices with attached VVPATs used in the election, or not less than four mechanical recording devices, whichever is greater, for the postelection certification audit. From each such additional mechanical recording device, the county clerk must select a vote to compare at random.

5. The county clerk shall transmit the results of the audit to the Secretary of State within 9 days after the date of the election but before the canvass. The results of the audit must include, without limitation, an explanation of any discrepancy discovered by the county clerk during the audit and, if determined, an explanation of what caused the discrepancy to occur.

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

(Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006; A by R109-21, 2-28-2022; R011-23, 9-29-2023)

VOTING BY PROVISIONAL BALLOT UNDER CERTAIN CIRCUMSTANCES

NAC 293.265 “Provisional ballot” defined. (NRS 293.124, 293.247) As used in NAC 293.265 to 293.280, inclusive, “provisional ballot” has the meaning ascribed to it in NRS 293.3078.

(Added to NAC by Sec’y of State by R088-21, eff. 2-28-2022)

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

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

2. If an election official becomes aware that a person appearing to vote is a registered voter who has appeared to vote in the wrong polling place, the election official must inform the person of the location of the correct polling place for the person. The election official must also inform the person that although a provisional ballot may be cast at the incorrect precinct, the provisional ballot will not be counted unless the requirements of subsection 4 are satisfied and the voter casts the provisional ballot at a polling place that is located in the congressional district in which the voter resides.

3. If the deadline for a registered voter who casts a provisional ballot pursuant to NRS 293.3081 or 293.3083 and who failed to provide the county or city clerk the required identification is a legal holiday, the deadline is extended until 5 p.m. on the next working day.

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

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

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

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

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

(f) The voter signed the required affirmation;

(g) If the provisional ballot was cast at a polling place, the voter did not cast any other ballot, including a mail ballot;

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

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

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

5. The county or city clerk shall post and submit:

(a) To the Secretary of State the totals of provisional votes counted:

(1) Except as otherwise provided in subparagraph (2), not earlier than 5 p.m. on the Friday immediately following election day; or

(2) If the Friday immediately following election day is a legal holiday, not earlier than 5 p.m. on the next working day after the Friday immediately following election day; and

(b) The updated results in the same manner and form as election day results.

6. 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 R072-06, eff. 7-14-2006; A by R163-07, 12-4-2007; R092-09, 10-27-2009; R090-21 & R101-21, 2-28-2022; R106-23, 2-27-2024)

NAC 293.275 Notification of certain persons of ability to cast provisional ballot and register to vote. (NRS 293.124, 293.247) The county clerk, or a designee thereof, shall inform any person whose name does not appear on a voter registration list as an eligible voter for a polling place, or who an election official asserts is not eligible to vote at the polling place, of the ability of the person to cast a provisional ballot and the ability of the person to register to vote pursuant to NRS 293.5842.

(Added to NAC by Sec’y of State by R072-06, eff. 7-14-2006; A by R011-23, 9-29-2023)

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

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

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

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

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

ABSENT BALLOT VOTING

NAC 293.305 Delivery of absent ballot by mail. (NRS 293.124, 293.247, 293.323) [Replaced in revision by NAC 293.324.]

MAIL BALLOT VOTING

NAC 293.321 Plan for disposition of mail ballots in case of emergency. (NRS 293.124, 293.247)

1. Each county clerk and city clerk shall submit a plan to the Secretary of State for approval setting forth the procedures that the clerk will use for the disposition of mail ballots in case of an emergency. The plan must be submitted not later than 90 days before each election. If no changes are being made to the plan, the county or city clerk may resubmit the plan for a subsequent election. If the county or city clerk resubmits the plan, the county or city clerk must indicate that fact on a form prescribed by the Secretary of State.

2. The Secretary of State will review each plan submitted pursuant to this section and, not later than 15 days after the plan is submitted, notify the county or city clerk whether the plan complies with the requirements of this section.

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

(Added to NAC by Sec’y of State by R090-21, eff. 2-28-2022; A by R106-23, 2-27-2024)

NAC 293.322 Duties of mail ballot central counting board; county clerk required to post public notice; general public authorized to observe handling of mail ballots. (NRS 293.124, 293.247)

1. The county clerk shall, not earlier than 15 days before the day of the election, deliver the mail ballots to the mail ballot central counting board for counting. When the mail ballots are received, the mail ballot central counting board shall, in addition to the requirements of NRS 293.269931, 293.269933 and 293.269935:

(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;

(d) Place all the returned mail ballots and the record of mail ballots into the container provided by the county clerk.

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 county 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, the time at which the mail ballot central counting board is expected to begin and the times during which the mail ballot central counting board is expected to temporarily recess during the counting procedure.

3. Any mail ballots received by the county 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 293.269921, must be delivered to the mail ballot central counting board for counting.

4. The county 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 or compromise the security or secrecy of the mail ballots.

(Added to NAC by Sec’y of State by R090-21, eff. 2-28-2022; A by R011-23 & R014-23, 9-29-2023)

NAC 293.324 Delivery of mail ballot. (NRS 293.124, 293.247) When a county clerk sends a voter a mail ballot pursuant to NRS 293.269911, the county clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed.

(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R011-23, 9-29-2023)—(Substituted in revision for NAC 293.305)

NAC 293.325 Duty of clerk if voter updates mailing address after date on which mail ballot is sent or received. (NRS 293.124, 293.247, 293.269911, 293C.263)

1. If a registered voter updates his or her mailing address in the voter registration information after the date on which his or her mail ballot is sent pursuant to NRS 293.269911 or 293C.263, as applicable, but on or before the 14th day before the election, the county or city clerk, as applicable, must:

(a) On or before the 13th day before the election, send a second mail ballot to the registered voter at the updated mailing address;

(b) Indicate in the roster of mail ballots:

(1) The name of the registered voter to whom the second mail ballot is issued;

(2) The date that the second mail ballot is issued;

(3) The number of the second mail ballot; and

(4) Except as otherwise provided in subsection 2, that the first mail ballot is cancelled.

2. If a county or city clerk receives a mail ballot cast by a registered voter who updated his or her mailing address in the voter registration information after the date on which his or her mail ballot is sent pursuant to NRS 293.269911 or 293C.263, as applicable:

(a) The mail ballot shall be deemed to have been cast before the registered voter updated his or her mailing address; and

(b) If, in accordance with subsection 1, the county or city clerk has:

(1) Sent a second mail ballot to the registered voter at the updated mailing address, the county or city clerk shall cancel the second mail ballot; or

(2) Not yet sent a second mail ballot to the registered voter at the updated mailing address, the county or city clerk shall not send a second mail ballot.

3. Each county or city clerk shall keep a record of:

(a) Whether a manual override of the election system was necessary to accept a ballot cast pursuant to subsection 2; and

(b) The total number of ballots cast pursuant to subsections 1 and 2.

4. Nothing in this section authorizes:

(a) A registered voter to cast more than one mail ballot; or

(b) A county or city clerk to count more than one mail ballot received by a registered voter.

(Added to NAC by Sec’y of State by R107-21, eff. 2-28-2022; A by R014-23, 9-29-2023)

NAC 293.3251 Change of legal name or political party affiliation after mail ballot sent. (NRS 293.124, 293.247)

1. If a registered voter submits a new application to register to vote to change his or her legal name after the date on which his or her mail ballot is sent pursuant to NRS 293.269911 or 293C.263 and returns his or her mail ballot with his or her previous legal name, the mail ballot shall be deemed to have been legally cast under the previous legal name of the registered voter.

2. If a registered voter updates his or her political party affiliation in the voter registration information after the date on which his or her mail ballot is sent pursuant to NRS 293.269911 for a primary election and returns his or her mail ballot for his or her previous political party affiliation, the mail ballot shall be deemed to have been legally cast under the previous political party affiliation of the registered voter.

3. Nothing in this section authorizes:

(a) A registered voter to cast more than one ballot; or

(b) A county or city clerk to count more than one ballot received by a registered voter.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.327 Written notice by registered voter to elect not to receive mail ballot; subsequent written request to receive mail ballot. (NRS 293.124, 293.247, 293.269911, 293C.263)

1. A registered voter may elect not to receive a mail ballot pursuant to NRS 293.269911 or 293C.263, as applicable, by submitting written notice to the Secretary of State or applicable county or city clerk. If the voter submits written notice to:

(a) The Secretary of State, the written notice must be submitted in the form and manner prescribed by the Secretary of State. Upon receipt of such written notice, the Secretary of State will notify the applicable county clerk and city clerk, if any.

(b) The county clerk, the written notice must be submitted in the form and manner prescribed by the county clerk. Upon receipt of such written notice, the county clerk must notify the applicable city clerk, if any.

(c) The city clerk, the written notice must be submitted in the form and manner prescribed by the city clerk. Upon receipt of such written notice, the city clerk must notify the applicable county clerk.

2. A registered voter who has previously elected not to receive a mail ballot may later request to receive a mail ballot by submitting written notice to the Secretary of State or applicable county or city clerk. If the voter submits written notice to:

3. If any written notice described in subsection 1 or 2 is received after the 60th day before an election, the written notice must be treated as a request to receive or not receive, as applicable, a mail ballot for subsequent elections.

(Added to NAC by Sec’y of State by R107-21, eff. 2-28-2022)

NAC 293.329 Provision of instructions for correction of mail ballot; duplication of corrected ballot. (NRS 293.124, 293.247, 293.250)

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

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

~~George Washington~~

Benjamin Franklin

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

(Added to NAC by Sec’y of State by R090-21, eff. 2-28-2022)

NAC 293.332 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, 293.269921, 293.269927)

1. If the deadline for:

(a) The county clerk to receive a mail ballot that has been mailed to the county clerk; or

(b) A registered voter to provide to the county 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 293.334 Receipt, recording and verification of signature of mail ballot; procedure for rejected mail ballot; records of chain of custody. (NRS 293.124, 293.247, 293.269927)

1. When a mail ballot is returned to the county clerk, the county 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 293.269927.

2. The county 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 county clerk shall 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 293.336 Compliance with procedures for checking signatures; periodic audits of certain employees in county clerk’s office; testing of electronic device used to sort mail ballots or capture voter’s signature. (NRS 293.124, 293.247, 293.269927, 293C.26327)

1. The county clerk or an employee in the office of the county clerk shall check the signature on the return envelope of a mail ballot in accordance with the provisions of NRS 293.269927.

2. The county clerk shall perform periodic audits of each employee in the office of the county clerk whose regular duties include checking signatures on mail ballots. If the county clerk finds that an employee has an irregular acceptance or rejection rate, the county clerk must retrain the employee or prohibit the employee from checking signatures on mail ballots.

3. If the county clerk uses an electronic device to:

(a) Sort mail ballots, the county 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 county 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.

4. For the purposes of any voter who is required to provide a signature or a confirmation to the county clerk not later than 5 p.m. on the sixth day following the election pursuant to subsection 6 of NRS 293.269927, the county clerk is not required to provide signature verification during any weekend or holiday or any other time in which the offices of the county clerk are closed in the 6 days following the election. The county clerk may, in his or her discretion, provide signature verification during additional days or times outside of normal working hours.

(Added to NAC by Sec’y of State by R094-21, eff. 2-28-2022; A by R014-23, 9-29-2023)

NAC 293.338 Electronic device used to verify signatures. (NRS 293.124, 293.247, 293.269925) 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 county 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 293.339 Requirements for daily audit of electronic device used to verify signatures. (NRS 293.124, 293.247, 293.269937) The daily audit of an electronic device used to verify signatures on mail ballots that is required pursuant to NRS 293.269937 must comply with the following requirements:

1. The county 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 county clerk shall manually review the signatures selected in accordance with the procedures set forth in NRS 293.269927.

3. The election board officers shall sign and date the daily audit report. The audit report must be deposited in the vaults of the county clerk pursuant to NRS 293.391.

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 county 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

(Added to NAC by Sec’y of State by R095-21, eff. 2-28-2022)

NAC 293.342 Duties of county 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 county. (NRS 293.124, 293.247)

1. Beginning on the first day of the period for early voting by personal appearance, the county 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

2. If the county clerk receives a return envelope for a different county, the county clerk shall:

(a) Stamp the time and date that it was received on the return envelope of the mail ballot; and

(b) As soon as practicable, forward the return envelope and mail ballot to the county clerk of the correct county. The mail ballot shall be deemed to have been received by the correct county 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 293.345 Clerks required to electronically report to Secretary of State certain information concerning status of process. (NRS 293.124, 293.247, 293.269911, 293.269927, 293.269931)

1. Beginning the 45th day before an election and through the 7th day following the election, each county clerk shall, at least once each business day, inform the Secretary of State of:

(a) Each registered voter to whom the county clerk sent a mail ballot for the election;

(b) Each registered voter whose mail ballot has been received by the county clerk; and

(c) For each registered voter whose mail ballot has been received by the county clerk, an indication of whether the process set forth in NRS 293.269927 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 county 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 293.347 Affixation of unique identifier and county seal or similar design. (NRS 293.124, 293.269921, 293.2733)

1. The county clerk shall affix to each ballot drop box established in the county:

(a) A unique identifier composed of:

(1) The abbreviation of the county name as prescribed by subsection 2; and

(2) A number; and

(b) The county seal or a similar design that indicates the ballot drop box is an official ballot drop box of the county.

2. The abbreviation of each county name is:

(a) Carson City—CC

(b) Churchill—CH

(d) Douglas—DO

(e) Elko—EL

(f) Esmeralda—ES

(g) Eureka—EU

(h) Humboldt—HU

(i) Lander—LA

(j) Lincoln—LI

(k) Lyon—LY

(l) Mineral—MI

(m) Nye—NY

(n) Pershing—PE

(o) Storey—ST

(p) Washoe—WA

(q) White Pine—WP

(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022)

NAC 293.348 Submission to Secretary of State of list of information for each ballot drop box; submission of amended list under certain circumstances. (NRS 293.124, 293.269921, 293.2733)

1. Not later than 45 days before each election, the county clerk shall submit to the Secretary of State a list containing the following information for each ballot drop box established in the county:

(a) The unique identifier of the ballot drop box as described in NAC 293.347;

(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 county 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; A by R106-23, 2-27-2024)

NAC 293.349 Requirements for security and accessibility. (NRS 293.124, 293.269921)

1. If a ballot drop box is located outdoors and the county clerk or an employee of the county 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 county clerk or an employee of the county clerk is not constantly present at the location of a ballot drop box, the county 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 county clerk or an employee of the county clerk is constantly present, the county clerk must consider the ability of persons to access the ballot drop box for ballot submission on weekends and during evenings. The county 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 293.351 Submission of plan to Secretary of State relating to ballot drop boxes that are tampered with or rendered inaccessible; review and approval of plan by Secretary of State. (NRS 293.124, 293.269921)

1. Not later than 90 days before each election, the county clerk shall develop and submit a plan to the Secretary of State for approval relating to ballot drop boxes established in the county 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 county clerk will use to notify the public if a ballot drop box is tampered with or rendered inaccessible; and

2. The plan described in subsection 1 must be submitted on a form prescribed by the Secretary of State.

3. For the purposes of subsection 1, if no changes are being made to the plan developed pursuant to subsection 1, the county clerk may resubmit the plan for a subsequent election. If the county clerk resubmits the plan, the county clerk must indicate that fact on a form prescribed by the Secretary of State.

4. The Secretary of State will review each plan submitted pursuant to this section and, not later than 15 days after the plan is submitted, notify the county clerk whether the plan complies with the requirements of this section.

(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022; A by R106-23, 2-27-2024)

NAC 293.352 Establishment and duties of retrieval team to collect and transport mail ballots to receiving center or central counting place. (NRS 293.124, 293.269921)

1. The county clerk shall establish and use a retrieval team to collect and transport mail ballots from the ballot drop boxes established in the county to the receiving center or to the central counting place, as directed by the county clerk. If necessary, the county clerk may use multiple retrieval teams to collect and transport the mail ballots.

2. A retrieval team shall be composed of at least 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 county 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 polls a card prepared by the county 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 293.353 Report to Secretary of State concerning certain costs associated with ballot drop boxes and retrieval teams. (NRS 293.124, 293.269921, 298.640) The county clerk shall, not later than 45 days after each election, report to the Secretary of State:

1. The cost of purchasing, installing and performing maintenance on the ballot drop boxes established in the county; and

2. Any costs associated with the retrieval teams described in NAC 293.352, including, without limitation, the cost of hiring, training and paying the retrieval teams.

(Added to NAC by Sec’y of State by R093-21, eff. 2-28-2022; A by R008-23, 9-29-2023)

NAC 293.354 Request by Indian tribe for establishment or removal of ballot drop box. (NRS 293.124, 293.3733) A request by an Indian tribe for the establishment or removal of a ballot drop box pursuant to NRS 293.2733 must be submitted to the county 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)

PROCESSING AND HAND COUNT OF BALLOTS; RETURNS; REPORTS

NAC 293.3555 Recess of counting procedure. (NRS 293.124, 293.247)

1. The counting board may temporarily recess during the counting procedure. Such a temporary recess is not considered an adjournment of the counting procedures for the purposes of NRS 293.363 and 293C.362.

2. The county clerk shall post a statement in his or her office that notifies the public of the times during which the counting board is expected to temporarily recess during the counting procedure.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.356 Requirements for persons to observe processing and counting of ballots at central counting place. (NRS 293.124, 293.247, 293B.353)

1. Subject to the provisions of subsections 2 to 5, inclusive, any person may observe the processing and counting of ballots at the central counting place.

2. Before observing the processing and counting of ballots at the central counting place pursuant to subsection 1, a person must sign an acknowledgment in the form prescribed by the Secretary of State stating that the person, during the time the person observes the processing and counting of ballots at the central counting place:

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

(1) Talking to workers within the central counting place other than the county or city clerk or a person designated by the county or city clerk to address questions from observers;

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

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

(4) Interfering with the statutory duties of county or city election personnel; and

(5) Interfering with the processing and counting of ballots; and

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

3. The county or city clerk may, at his or her discretion:

(a) Limit the number of persons in the central counting place who are observing the processing and counting of ballots pursuant to this section for reasons of public safety or to protect voter privacy or maintain order.

(b) Remove from a central counting place a person observing the processing and counting of ballots pursuant to this section for violating any provision of title 24 of NRS or any of the provisions of paragraph (a) of subsection 2.

4. A person observing the processing and counting of ballots at the central counting place may remain in an area designated by the county or city clerk without interfering with the processing and counting of ballots. The designated area must allow for meaningful observation, but must not be located in an area that would allow an observer to infringe on the privacy and confidentiality of the ballot of a voter.

5. A person observing the processing and counting of ballots at a central counting place pursuant to subsection 1 must wear a name tag denoting the person’s full name.

6. The county and city clerk shall retain the signed acknowledgments described in subsection 2 for at least 180 days following the election.

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

(Added to NAC by Sec’y of State by R108-21, eff. 2-28-2022)

NAC 293.35611 Hand count of ballots: Standards; deadline; forms. (NRS 293.124, 293.3677)

1. Each county clerk may, in consultation with the board of county commissioners, conduct a hand count of the ballots voted in an election for:

(a) All contests on the ballot;

(b) A specified number of contests on the ballot, as determined by the county clerk; or

2. If a hand count is conducted pursuant to subsection 1, the hand count must:

(a) Be conducted in accordance with the requirements of NAC 293.35611 to 293.35619, inclusive;

(b) Be completed on or before the seventh day following the election; and

3. A county clerk may use an electronic tabulator to validate the results of the hand count.

4. The Secretary of State will make available to the county clerk the forms for tallying the results of the hand count not less than 90 days before the date of the election.

(Added to NAC by Sec’y of State by R200-22, eff. 9-29-2023)

NAC 293.35613 Submission of plan to Secretary of State relating to hand count of ballots; requirements. (NRS 293.124, 293.247, 293.3677, 293.404)

1. If a county clerk intends to conduct a hand count pursuant to NAC 293.35611, the county clerk shall submit to the Secretary of State, not later than 90 days before the date of the election, a plan for conducting the hand count. The plan must include, without limitation:

(a) A detailed description of how the hand count will be conducted in order to meet the applicable deadlines set forth in this chapter and title 24 of NRS for counting ballots.

(b) The total number of election board officers and hand count tally teams appointed pursuant to NAC 293.35615 that will be required to complete the hand count.

(c) The work schedule for the hand count, which must not be more than 16 hours in a 24-hour period. There must not be more than two separate 8-hour shifts.

(d) The physical location where the ballots will be hand counted and a scale diagram depicting the planned setup of the location.

(e) An estimated list of any items necessary to conduct the hand count, which must include, without limitation:

(1) Whether all such items are currently in the possession of the county and, if not, the date by which any such items will be obtained by the county; and

(2) The estimated cost to the county to obtain the necessary items.

(f) Any amendment to the plans for the observation of the hand count by members of the general public in accordance with NRS 293B.353 and NAC 293.356 and the plan submitted pursuant to NRS 293B.354.

(g) A plan for ensuring the security of:

(1) The ballots consistent with the plan submitted pursuant to NAC 293B.040; and

(2) The election board officers who conduct the hand count.

(h) A list of any outside vendors hired or who may be hired to consult or assist in the preparation or operation of the hand count.

(i) A contingency plan for:

(1) Completing the counting of the ballots in the event that the hand count will not be completed by the date required for the canvass of returns pursuant to NRS 293.387;

(2) Conducting any recount in accordance with NRS 293.404 and NRS 293.424; and

(3) Completing any recount by the deadline set forth in NRS 293.405.

2. If no changes are being made to the plan required by this section, the county clerk may resubmit the plan for a subsequent election. If the county clerk resubmits the plan, the county clerk must indicate that fact on a form prescribed by the Secretary of State.

3. The Secretary of State will review each plan submitted pursuant to this section and, not later than 15 days after the plan is submitted, notify the county clerk whether the plan complies with the requirements of this section.

(Added to NAC by Sec’y of State by R200-22, eff. 9-29-2023; A by R106-23, 2-27-2024)

NAC 293.35615 Hand count tally team: Composition; workspace. (NRS 293.124, 293.3677)

1. The county clerk shall establish a sufficient number of hand count tally teams to conduct the hand count. Each hand count tally team must consist of at least four election board officers, who must not all be of the same political party, as follows:

(a) One election board officer, appointed as the reviewing clerk, to review the conduct of the hand count tally team;

(b) One election board officer, appointed as the verification clerk, to ensure that the ballots are tallied correctly; and

(c) Two election board officers, known as the tally clerks, to separately record the votes on the appropriate tally form.

Ê To the extent practicable, at least one election board officer on each hand count tally team must be a registered voter whose political party affiliation is nonpartisan.

2. In addition to the election board officers appointed to a hand count tally team pursuant to subsection 1, the county clerk may appoint to a hand count tally team:

(a) One election board officer to supervise the overall conduct of the hand count, including, without limitation, tracking the progress of the hand count, ensuring compliance with the requirements of NAC 293.35611 to 293.35619, inclusive, and reporting any issues or concerns to the county clerk; and

(b) One election board officer to supervise and ensure compliance with the requirements for observation of the hand count by the general public, including, without limitation, ensuring that the general public is able to observe the hand count and ensuring that the general public does not distract or interfere with the hand count tally team.

3. An election board officer appointed to a hand count tally team pursuant to subsection 1:

(a) May not work more than 8 hours in a 24-hour period;

(b) Must wear a short-sleeve shirt or a shirt with sleeves rolled above the elbows so that the arms are bare from the elbow down at all times while working his or her shift; and

4. Each hand count tally team must be positioned around a single workspace and maintain a distance of not less than 10 feet from the center of the table to the center of any other table containing a hand count tally team to reduce the risk of overhearing the other hand count tally team counting the ballots. Hand count tally teams are allowed to talk, but must not read out loud the votes to be tallied or discuss information concerning the tallied number of votes.

(Added to NAC by Sec’y of State by R200-22, eff. 9-29-2023)

NAC 293.35617 Hand count of ballots: Preparation of ballots; method of hand counting; verification of count; supervision or assistance by Secretary of State upon request of county clerk. (NRS 293.124, 293.3677, 298.640, 298.680)

1. Before conducting a hand count of the ballots voted in an election, the election board officers must prepare to count the ballots in accordance with the requirements of NRS 293.363.

2. After the ballots are prepared for counting, the election board may use an electronic tabulator to calculate the results of the tally of the votes cast in a contest on the ballot.

3. A hand count of the ballots must be tallied at least twice by the hand count tally team appointed pursuant to NAC 293.35615 for each contest on the ballot that will be hand counted. The results of each tally of the ballots for each contest must match exactly. If the results do not match, the hand count must be conducted again until the results match one of the previous tallies.

4. In addition to the requirements of NRS 293.367 to 293.370, inclusive, each hand count tally team shall process the ballots in the following manner:

(a) For a presidential preference primary election, the ballots must be sorted by each major political party to be tallied separately, with a tally form for each candidate listed on the ballot for each respective political party.

(b) For a primary election, the ballots must be sorted by political party and nonpartisan ballots to be tallied separately, with a Republican tally form, a Democrat tally form and a nonpartisan tally form.

(c) The ballots must be divided into separate stacks containing not more than 25 ballots per stack. Each stack must be tallied separately.

(d) Each tally clerk shall silently read to themselves from each ballot the choice of the voter, as indicated by the writing in the designated space on the ballot that indicates the voter’s intent, including, without limitation, a cross or check. After silently reading each ballot, the tally clerk shall:

(1) Tally the vote on the appropriate tally form, depending on whether the ballot has been cast in a presidential preference primary, primary or general election. If the election is a presidential preference primary election, the tallied votes should be noted on the form for the applicable candidate for the applicable political party. If the election is a primary election, the tallied votes should be noted on the tally form for the applicable political party or the nonpartisan tally form.

(2) Place a short perpendicular hash mark on the tally form opposite the name of the candidate or ballot question voted for the first through fourth vote for the same candidate or ballot question.

(3) For every fifth vote for the same candidate or ballot question, place a horizontal hash mark through the previous four perpendicular hash marks.

(e) After tallying each ballot, the tally clerk shall lay the ballot face down on the table to distinguish the counted ballot from the uncounted ballots. After each stack of ballots is counted, the tally clerk shall exchange the stack of tabulated ballots with the other tally clerk on the hand count tally team. Once both tally clerks have counted a stack of ballots, the reviewing clerk shall ensure the ballots are tied with a string or bound with a paper clip, binder clip or rubber band in a stack of not more than 25 ballots.

(f) The verification clerk shall oversee the work of the two tally clerks to ensure that the tally count matches the same stack of ballots. If the count of the tally clerks:

(1) Matches, the tally must continue.

(2) Does not match, the reason for the discrepancy must be identified and corrected before the hand count tally team may continue tallying.

5. The Office of the Secretary of State may supervise or assist in a hand count of the ballots voted if requested by a county clerk, but the county clerk is the party responsible for the hand count.

(Added to NAC by Sec’y of State by R200-22, eff. 9-29-2023)

NAC 293.35619 Hand count tally team: Writing devices provided by county clerk. (NRS 293.124, 293.3677)

1. The county clerk shall provide all writing devices to a hand count tally team conducting a hand count. A member of a hand count tally team may not use or bring any other writing device to the physical location where the ballots will be hand counted.

2. The writing devices provided by the county clerk pursuant to subsection 1:

(a) Must be uniform in color and style;

(b) Must not write in blue or black ink; and

(Added to NAC by Sec’y of State by R200-22, eff. 9-29-2023)

NAC 293.357 Reporting of returns from early voting and mail ballots in combination with regular votes of precinct. (NRS 293.124, 293.247, 293.269935, 293.3606, 293.385)

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

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

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

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

(a) The reporting of those returns separately from the regular votes of the precinct shall be deemed, for the purposes of NRS 293.269935, to violate the secrecy of those voters’ ballots; and

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

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R090-21, 2-28-2022)—(Substituted in revision in 2006 for NAC 293.193 and in 2022 for NAC 293.331)

NAC 293.3573 Primary election for nonpartisan offices: Determination of candidate receiving majority of votes. (NRS 293.124, 293.247) For the purposes of determining whether a candidate received a majority of the votes cast in a primary election for a nonpartisan office for which voters were authorized to select more than one candidate, each ballot upon which a voter marked a valid choice for one or more candidates for that office shall be deemed to be one vote cast in the primary election for that office.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.358 County abstract: Contents; combining of precincts. (NRS 293.124, 293.247, 293.393)

1. A county abstract must contain:

(a) The name of the county.

(b) The title of the election.

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

(e) The title of the office.

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

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

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

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

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

(k) The number of each ballot question.

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

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

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

(Added to NAC by Sec’y of State, eff. 7-18-88; A 3-22-94; R217-97, 5-26-98; R092-09, 10-27-2009)—(Substituted in revision in 2006 for NAC 293.195 and in 2022 for NAC 293.335)

NAC 293.359 Mechanized report of abstract. (NRS 293.124, 293.247, 293.387, 293.395) A mechanized report of an abstract of votes, as required by NRS 293.387 and 293.395, must be transmitted to the Secretary of State. The Secretary of State will, not later than March 1 of each year in which the general election is held, notify each county clerk of the specifications for the mechanized report of the abstract of votes required pursuant to this section.

(Added to NAC by Sec’y of State, eff. 2-28-90; A 3-17-92; R013-00, 4-4-2000; R092-09, 10-27-2009)—(Substituted in revision in 2006 for NAC 293.197 and in 2022 for NAC 293.341)

NAC 293.3593 Certain summaries of votes are public records. (NRS 293.124, 293.247) An electronic summary of votes cast in an election which does not contain personally identifiable information is a public record and subject to inspection upon request.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

NAC 293.3595 Reporting requirements after election. (NRS 293.124, 293.247) Not later than 60 days after the date of an election, each county clerk shall report to the Secretary of State, in the form prescribed by the Secretary of State:

1. The number of surrendered mail ballots for that election that were not cast but were dropped off at each ballot drop box or polling place.

2. The number of mail ballots cast that were dropped off at each ballot drop box or polling place.

3. The number of voters who registered to vote in person during the period for early voting by personal appearance and on election day for that election.

4. The number of voters who updated voter registration information during the period for early voting by personal appearance and on election day for that election.

5. The number of voters who registered to vote by computer during the period for early voting by personal appearance and on election day.

(Added to NAC by Sec’y of State by R011-23, eff. 9-29-2023)

RECOUNT OF VOTES

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

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

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

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

NAC 293.362 Notification of timing and observation of recount. (NRS 293.124, 293.247, 293.404)

1. Not later than 1 day before the start of a recount, the county or city clerk, as applicable, shall post a statement in his or her office that notifies the public of the date the recount board will begin the recount of votes, the time at which the recount board is expected to begin and any times during which the recount board is expected to temporarily recess during the recount of votes.

2. Subject to the provisions of subsections 3 to 7, inclusive, any person may observe the conduct of a recount of votes.

3. Before observing the conduct of a recount of votes pursuant to subsection 2, a person must sign an acknowledgment in the form prescribed by the Secretary of State stating that the person, during the time the person observes the conduct of a recount of votes:

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

(1) Using a mobile telephone or computer within the facility in which the recount is occurring;

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

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

(4) Talking to county or city election personnel other than the county or city clerk or a person designated by the county or city clerk to answer questions from any person observing the conduct of a recount of votes pursuant to this section;

(5) Interfering with the conduct of the recount; and

(6) Interfering with county or city election personnel in the performance of any duty of such personnel set forth in title 24 of NRS; and

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

4. The county or city clerk may, at his or her discretion:

(a) Limit the number of persons in the recount facility who are observing the conduct of a recount pursuant to this section for reasons of public safety or to maintain order.

(b) Remove from a recount facility a person observing the conduct of a recount pursuant to this section for violating any provision of title 24 of NRS or any of the provisions of paragraph (a) of subsection 3.

5. A person observing the conduct of a recount of votes pursuant to subsection 2 may remain in an area designated by the county or city clerk to observe the recount without interfering with the recount. The designated area must allow for meaningful observation, but must not be located in an area that would allow an observer to infringe on the privacy and confidentiality of the ballot of the voter.

6. A person observing the conduct of a recount of votes pursuant to subsection 2 must wear a name tag denoting the person’s full legal name.

7. The county and city clerk shall retain the signed acknowledgment described in subsection 3 for at least 180 days after the recount observed by the person who signed the acknowledgment.

8. As used in this section:

(a) “Advocating” includes, without limitation, speaking, displaying or disseminating written material and wearing identifying clothing, buttons or other paraphernalia.

(b) “Meaningful observation” means the observation of the recount of votes by a person, including, without limitation, the counting and inspection of all ballots, including rejected ballots, pursuant to NRS 293.404. The term does not include a person:

(1) Viewing the personal information of a voter, a voter’s ballot or selections on a voting machine; or

(2) Listening to any conversation between election board officers.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

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

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

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

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

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

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

NAC 293.371 Designation of observer by Secretary of State; withdrawal of demand for recount. (NRS 293.124, 293.247, 293.405)

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

2. A person who demands a recount of votes may withdraw the demand by filing a withdrawal in writing with the officer with whom the person filed the demand pursuant to NRS 293.403 at any time before the completion of the recount. Each county or city clerk who was conducting the recount must stop the recount as soon as practicable after the person demanding the recount files the withdrawal of the demand. A person who withdraws a demand for a recount of votes may not request a continuation of the recount or a new recount of those votes.

3. If a person files a withdrawal of a demand for a recount pursuant to subsection 2, each county or city clerk who was conducting the recount must determine the actual cost incurred before the withdrawal was filed. If the sum deposited for the purpose of the recount:

(a) Is less than the cost of the recount at the time of the withdrawal, the person shall, upon demand, pay the deficiency to the county clerk, city clerk or Secretary of State, as applicable.

(b) Is in excess of the cost of the recount at the time of the withdrawal, the excess must be refunded to the person.

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R100-21, 2-28-2022)—(Substituted in revision for NAC 293.179)

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

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

(a) May include the cost of:

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

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

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

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

(5) Services rendered by the personnel of the Office of the Chief Information Officer within the Office of the Governor or the agency of the county or city that is charged with the responsibility of administering a telecommunications or computer system for the county or city and the computer time associated with the recount;

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

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

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

(b) May not include the cost of:

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

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

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

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

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

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

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

REGISTRATION OF VOTERS

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

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

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

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

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

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

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

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

(g) A current and valid United States passport;

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

(i) A current and valid tribal identification card.

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

(a) Any article set forth in subsection 2;

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

(d) A current and valid paycheck;

(e) A current and valid income tax return;

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

(g) A current and valid motor vehicle registration;

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

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

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

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

NAC 293.397 Use of tribal identification card or identification card issued by Department of Corrections as proof of identity and residence. (NRS 237.200, 293.124, 293.247)

1. For the purposes of NRS 293.5842 and 293.5847:

(a) An elector who is registering to vote may provide his or her current and valid tribal identification card as proof of his or her identity and residency.

(b) An elector whose driver’s license or identification card issued by the Department of Motor Vehicles does not contain the current residential address of the elector may, in addition to the documents set forth in subsection 3 of NRS 293.5842 and subsection 3 of NRS 293.5847, present a temporary identification card issued by the Department of Corrections or any other agency of this State, if such an identification card contains a photograph of the elector and his or her current residential address.

2. As used in this section, “tribal identification card” means an identification card issued by an Indian tribe located in whole or in part in this State and which satisfies the requirements of subsection 3 of NRS 237.200.

(Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

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

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

NAC 293.407 Registration through Department of Motor Vehicles: “Driver’s license” and “identification card” defined. (NRS 293.124, 293.247, 293.5757) As used in NRS 293.5732 to 293.5757, inclusive, the Automatic Voter Registration Initiative, and NAC 293.408:

1. “Driver’s license” means a driver’s license issued by the Department of Motor Vehicles pursuant to NRS 483.290. The term does not include a driver authorization card issued by the Department of Motor Vehicles pursuant to NRS 483.291.

2. “Identification card” means an identification card issued by the Department of Motor Vehicles pursuant to NRS 483.850.

(Added to NAC by Sec’y of State by R052-19, eff. 12-30-2019)

NAC 293.408 Registration through Department of Motor Vehicles: Ineligibility of certain persons to use automatic voter registration system based upon documentation submitted; automatic voter registration system must not transmit information for processing. (NRS 293.124, 293.247, 293.5757) If an applicant for the issuance or renewal of or a change of address for a driver’s license or identification card submits to the Department of Motor Vehicles any of the following documents indicating that he or she is not an elector who meets the qualifications to vote in this State, the person is not an applicant to register to vote and the system established pursuant to NRS 293.5732, the Automatic Voter Registration Initiative, must not electronically transmit the applicant’s information to the Secretary of State or county clerks:

1. A Permanent Resident Card, Alien Registration Receipt Card, Form I-551, or any temporary version of such documents issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

2. An employment authorization document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security using Form I-765 or I-766;

3. An arrival and departure record issued by United States Customs and Border Protection of the Department of Homeland Security using Form I-94;

4. A nonimmigrant visa issued by the United States Department of State; or

5. Any birth certificate, driver’s license or identification card which indicates that the applicant is not at least 17 years of age as of the date of the application.

(Added to NAC by Sec’y of State by R052-19, eff. 12-30-2019)

NAC 293.409 Registration through Department of Motor Vehicles: Procedures for Department to follow if person ineligible to use automatic voter registration system based upon documentation submitted. (NRS 293.5737, 483.290, 483.850)

1. If an applicant for the issuance or renewal of or a change of address for a driver’s license or identification card submits with his or her application to the Department of Motor Vehicles any of the documents set forth in NAC 293.408:

(a) The Department will notify the applicant in writing that:

(1) He or she is not an applicant to register to vote using the automatic voter registration system and his or her information will not be transmitted electronically to the Secretary of State and county clerks through the automatic voter registration system because he or she submitted at least one of the documents set forth in NAC 293.408;

(2) If the applicant meets the qualifications to vote in this State, as provided in NRS 293.485, he or she may submit to the Department a paper application to register to vote pursuant to NRS 293.5727; and

(3) He or she may contact the Office of the Secretary of State for questions regarding registering to vote and the automatic voter registration system. The notice required pursuant to this paragraph must include, without limitation, the Internet address of the Office of the Secretary of State.

(b) The Department will not submit the applicant’s information into the automatic voter registration system.

(c) The Department will not give the applicant the paper or electronic affirmation described in paragraph (a) of subsection 1 of NRS 293.5742, the Automatic Voter Registration Initiative.

2. The computer system used by the Department to process an application for the issuance or renewal of or a change of address for a driver’s license or identification card must determine whether an applicant submitted any of the documents set forth in NAC 293.408 based only on the documents submitted to the Department with the applicant’s current application.

3. An employee of the Department shall not make an individualized determination of the eligibility of any applicant for the issuance or renewal of or a change of address for a driver’s license or identification card to apply to register to vote using the automatic voter registration system.

4. The Department will:

(a) Develop a standardized form that provides uniform notification of the information set forth in subsection 1; and

(b) Provide the standardized form to all applicants for the issuance or renewal of or a change of address for a driver’s license or identification card who submit with an application to the Department any of the documents set forth in NAC 293.408.

5. As used in this section:

(a) “Automatic voter registration system” means the automatic voter registration system established pursuant to NRS 293.5732, the Automatic Voter Registration Initiative.

(b) “Driver’s license” has the meaning ascribed to it in NAC 293.407.

(Added to NAC by Dep’t of Motor Veh. by R028-19, eff. 2-7-2020)

NAC 293.410 Registration by voter registration agency; processing of application for registration. (NRS 293.124, 293.247, 293.504, 293.5727, 293.5757)

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

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

3. Except as otherwise provided in subsection 11, the information required by the application to register to vote must be printed in black or blue ink with a ballpoint pen.

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

5. Except as otherwise provided in subsection 11, a voter registration agency shall include with each application to register to vote or group of applications which is transmitted to the county clerk or registrar of voters a transmittal form prescribed and provided by the Secretary of State.

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

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

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

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

8. Except as otherwise provided in subsection 11, before each application completed by an employee of the voter registration agency is forwarded to the county clerk or registrar of voters, it must be reviewed by the employee of the voter registration agency designated pursuant to NAC 293.4105 who shall determine whether the application is legible. If the employee determines that an application is illegible, he or she shall cause a computer-generated copy of the information contained in the records relating to the applicant’s driver’s license or identification card to be attached to the application.

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

10. Except as otherwise provided in subsection 11, a voter registration agency shall stamp the original and the voter’s receipt from the completed application with the date that the completed application is received by the agency. Except as otherwise provided in this subsection, the stamp used by the agency must not include the name of the agency.

11. The provisions of subsections 3, 5, 8 and 10 do not apply to an application to register to vote submitted pursuant to the automatic voter registration system established pursuant to NRS 293.5732, the Automatic Voter Registration Initiative.

(Added to NAC by Sec’y of State, eff. 11-19-87; A 1-24-92; R217-97, 5-26-98; R072-06, 7-14-2006; R092-09, 10-27-2009; R052-19, 12-30-2019)

NAC 293.4105 Designation by voter registration agency of employee to ensure compliance with National Voter Registration Act of 1993; duties of designated employee; provision of training and materials by Secretary of State. (NRS 293.124, 293.247, 293.504, 293.5045, 293.5727, 293.5757)

1. Each voter registration agency shall designate one employee in each of its offices to be responsible for providing oversight and direction, as necessary, to ensure that the voter registration agency is in compliance with the provisions of 52 U.S.C. §§ 20502 et seq.

2. An employee designated pursuant to subsection 1 shall:

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

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

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

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

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

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

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

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

(b) Interact with persons who:

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

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

4. The Secretary of State will provide:

(a) Annual training to employees designated pursuant to this section on the provisions of 52 U.S.C. §§ 20502 et seq.

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

(Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R111-11, 12-30-2011; R052-19, 12-30-2019)

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

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

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

1. A county clerk shall:

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

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

2. The name of each inactive voter:

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

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

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

4. A city or county clerk:

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

(b) Is required to send a military-overseas ballot to an inactive voter if the inactive voter requests a military-overseas ballot pursuant to the provisions of chapter 293D of NRS.

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

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

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R217-97, 5-26-98; R086-00, 8-22-2000; R072-06, 7-14-2006; R092-09, 10-27-2009; R124-11, 12-30-2011; R015-23, 9-29-2023)

NAC 293.414 Person convicted of felony; registration upon release from prison. (NRS 293.124, 293.247, 293.540, 293.543)

1. The Secretary of State will immediately provide the county clerks with any information the Secretary of State receives from the Attorney General of the United States or the Department of Corrections regarding any person who is convicted of a felony and sentenced to a term of imprisonment.

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

3. Upon release from prison, a person whose registration has been cancelled pursuant to paragraph (c) of subsection 2 of NRS 293.540 may reregister to vote by any method authorized pursuant to NRS 293.517.

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R072-06, 7-14-2006; R092-09, 10-27-2009; R101-21, 2-28-2022)

NAC 293.416 Written challenge; oath or affirmation of challenged person. (NRS 293.124, 293.247, 293.303, 293.547)

1. A written challenge authorized by NRS 293.547 must:

(a) Be on a form prescribed by the Secretary of State;

(b) Be filed with the county clerk after the 30th day but not later than the 25th day before the day of the election; and

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

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

(3) The name, address and telephone number of the person filing the challenge;

(4) The precinct in which the person filing the challenge is registered to vote;

(5) The date of the challenge;

(6) A statement of the facts upon which each ground for the challenge is based;

(7) A statement that the challenge is based on personal knowledge of the facts upon which each ground for the challenge is based; and

(8) Any documentation or evidence supporting the facts upon which each ground for the challenge is based.

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

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

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

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

(e) The date of the challenge.

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

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

(h) Any documentation or evidence supporting the facts upon which each ground for the challenge is based.

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

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R163-07, 12-4-2007; R124-11, 12-30-2011; R102-21, 2-28-2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. The control number must be printed:

(a) On a receipt of the application; and

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

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

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

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

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

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

NAC 293.425 Forms for application for registration: Availability; dissemination by request; request for multiple applications; charges for applications. (NRS 293.124, 293.247, 293.443, 293.509)

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

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

3. Each request for more than 50 such forms must be made on a request form prescribed by the Secretary of State that requires the person or group requesting such forms to describe a plan for distribution of the forms, including, without limitation, identification of the county or counties with which the person or group plans to file the completed forms. If the Secretary of State or clerk assesses a charge pursuant to NRS 293.443, the Secretary of State or clerk, as applicable, shall inform the person or group of the amount of the charge.

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

(Added to NAC by Sec’y of State, eff. 1-24-92; A by R072-06, 7-14-2006; R011-23, 9-29-2023)

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

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

(a) United States Post Offices;

(b) Public libraries;

(d) Financial institutions;

(e) Community centers for aging persons;

(f) Educational institutions;

(g) Governmental offices;

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

(i) Union halls;

(j) Offices of civic organizations;

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

(l) Places of worship; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The keeping of related records;

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

3. If no change is requested in the plan which was approved for the previous year, the county clerk may resubmit the plan for the upcoming year. If the county clerk resubmits the plan, the county clerk must indicate that fact on the form prescribed by the Secretary of State.

(Added to NAC by Sec’y of State, eff. 1-24-92; A by R106-23, 2-27-2024)

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

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

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

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

STATEWIDE VOTER REGISTRATION LIST

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

1. Electronically enter into the database established pursuant to NRS 293.675 all information relating to voter registration obtained by the county clerk at the time the information is provided to the county clerk; and

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

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R011-23, 9-29-2023)

NAC 293.458 Electronic entry of information to statewide voter registration list; certification; authorized access. (NRS 293.124, 293.675)

1. Each county clerk shall, at least once each business day, electronically enter the information contained in the database established pursuant to NRS 293.675 to the statewide voter registration list. Each entry must comply with such technical requirements as may be prescribed by the Secretary of State.

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

(a) The information accurately reflects the information provided on the application to preregister or register to vote and complies with relevant state and federal law; and

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

3. Each county clerk shall ensure that only authorized personnel may access the database established pursuant to NRS 293.675.

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R103-21, 2-28-2022; R011-23, 9-29-2023)

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

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

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

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

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

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

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

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

(b) Upon receipt of the notification described in paragraph (a), the county clerk shall determine whether the registered voter is deceased and, if so, indicate that the registration of the voter is cancelled in the database established pursuant to NRS 293.675 and in the statewide voter registration list.

3. The Secretary of State will determine on a monthly basis whether each county clerk has indicated in the database established pursuant to NRS 293.675 and in the statewide voter registration list that the registration of each voter in the county that is indicated as deceased in the vital statistics records is cancelled. If the Secretary of State determines that a county clerk has not done so:

(a) The Secretary of State will notify the county clerk.

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R104-21, 2-28-2022; R011-23, 9-29-2023)

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

1. If a county clerk receives notice from the Secretary of State or another county clerk that the statewide voter registration list contains information that is potentially inaccurate, duplicative or otherwise requiring verification, the county clerk shall, not later than 5 calendar days after receiving such notification, take such action as is necessary to correct the information in the statewide voter registration list and in the database established pursuant to NRS 293.675.

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

3. As used in this section, “provisional ballot” has the meaning ascribed to it in NRS 293.3078.

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R088-21, 2-28-2022; R011-23, 9-29-2023)

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

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R011-23, 9-29-2023)

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

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

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

(a) Except as otherwise provided in subsection 3, must be used to determine voter eligibility and the validity of any provisional ballot cast pursuant to the provisions of NRS 293.3081 to 293.3086, inclusive, in the election; and

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

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

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

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

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

3. Each county clerk shall prepare registers, rosters and lists used at polling places by using the information contained in the database established pursuant to NRS 293.675 if such information is identical to the information contained in the official list of registered voters distributed pursuant to subsection 1.

4. As used in this section, “provisional ballot” has the meaning ascribed to it in NRS 293.3078.

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R088-21, 2-28-2022; R011-23, 9-29-2023)

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

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R088-21, 2-28-2022)

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

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

2. If a registered voter submits to a county clerk pursuant to NRS 293.558 a written request to have the voter’s address and telephone number withheld from the public, the county clerk shall indicate such fact in the database established pursuant to NRS 293.675 and in the statewide voter registration list.

(Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008; A by R011-23, 9-29-2023)

RISK-LIMITING AUDITS OF ELECTION RESULTS

NAC 293.480 Requirements; participation in pilot program for 2022 Primary Election and 2022 General Election. [Effective through December 31, 2023.] (NRS 293.124, 293.247, 293.394, § 37.7 of ch. 554, Stats. 2021)

1. The provisions of this section apply to any risk-limiting audit conducted of the 2022 Primary Election or 2022 General Election.

2. Each county clerk:

(a) That has not conducted a risk-limiting audit of a previous election must conduct a risk-limiting audit of the 2022 Primary Election.

(b) That has conducted a risk-limiting audit of a previous election may conduct a risk-limiting audit of the 2022 Primary Election.

3. A risk-limiting audit conducted pursuant to this section must audit the results of:

(a) One race for statewide office. The Secretary of State will randomly select one race for statewide office to be audited at the election using a method determined by the Secretary of State in which all races for statewide office on the ballot at the election have an equal chance of being selected. The Secretary of State will notify each county clerk which race for statewide office has been selected for the risk-limiting audit at least 15 days before the date of the election.

(b) One race for countywide office. Each county clerk conducting a risk-limiting audit of an election shall randomly select one race for countywide office to be audited at the election using a method determined by the county clerk in which all races for countywide office on the ballot at the election have an equal chance of being selected. The county clerk must notify the Secretary of State which race for countywide office has been selected for the risk-limiting audit at least 15 days before the date of the election.

4. Each county clerk that conducts a risk-limiting audit pursuant to this section shall create a ballot manifest using the form provided by the Secretary of State that:

(a) Tracks the location of all accepted and tabulated ballots, including, without limitation, mail ballots, provisional ballots and ballots voted using a mechanical recording device; and

(b) Allows for the retrieval of any such ballot for purposes of conducting the risk-limiting audit.

5. As soon as possible after the completion of counting ballots for the election but not later than the date the county clerk certifies the abstract of the election results pursuant to NRS 293.387, the county clerk must electronically transmit the ballot manifest and record of votes cast in the election to the Secretary of State using a secure file transfer protocol site.

6. For the purposes of conducting a risk-limiting audit pursuant to this section, the county clerk may remove the seals affixed pursuant to subsection 1 of NRS 293.391 to retrieve the ballots used in the audit. After the completion of a risk-limiting audit, the county clerk must return the ballots to the original location and seal the ballots. The county clerk shall maintain a record of the seals affixed to the ballots used in the risk-limiting audit.

7. For the purposes of conducting a risk-limiting audit pursuant to this section, the Secretary of State:

(a) Will require the use of risk-limiting audit software with the risk limit set at 5 percent; and

(b) May designate one or more of the following types of audit methods:

(1) Ballot comparison;

(2) Ballot polling; or

(3) A hybrid of ballot comparison and ballot polling.

8. As used in this section:

(a) “Ballot comparison” means a technique used in a risk-limiting audit in which the results of the ballot polling are compared to the results of the mechanical voting system as set forth in the record of votes cast on the system.

(b) “Ballot polling” means a technique used in a risk-limiting audit in which individual paper ballots are randomly selected and the ballot markings are examined and interpreted manually until the sampling of selected paper ballots indicates a sufficient majority for the reported winner of the election.

(c) “Countywide office” means an elected county office whose candidates are voted upon in the election by the registered voters of the entire county.

(d) “Statewide office” means an elected state office whose candidates are voted upon in the election by the registered voters of the entire State.

(Added to NAC by Sec’y of State by R110-21, eff. 2-28-2022)

NAC 293.481 Requirements; selection of races to audit; creation of ballot manifest; use of software and designation of audit methods. (NRS 293.124, 293.247, 293.394)

1. The provisions of this section apply on and after January 1, 2024.

2. Each county clerk must conduct a risk-limiting audit following each election.

3. A risk-limiting audit conducted pursuant to this section must audit the results of:

(a) One race for statewide office, if applicable. The Secretary of State will randomly select one race for statewide office to be audited at the election using a method determined by the Secretary of State in which all races for statewide office on the ballot at the election have an equal chance of being selected. The Secretary of State will notify each county clerk which race for statewide office has been selected for the risk-limiting audit at least 15 days before the date of the election.

(b) One race for countywide office, if applicable. Each county clerk shall randomly select one race for countywide office to be audited at the election using a method determined by the county clerk in which all races for countywide office on the ballot at the election have an equal chance of being selected. The county clerk must notify the Secretary of State which race for countywide office has been selected for the risk-limiting audit at least 15 days before the date of the election.

4. Each county clerk that conducts a risk-limiting audit pursuant to this section shall create a ballot manifest using the form provided by the Secretary of State that:

(a) Tracks the location of all accepted and tabulated ballots, including, without limitation, mail ballots, provisional ballots and ballots voted using a mechanical recording device; and

(b) Allows for the retrieval of any such ballot for purposes of conducting the risk-limiting audit.

5. As soon as possible after the completion of counting ballots for the election, the county clerk must electronically transmit the ballot manifest and record of votes cast in the election to the Secretary of State using a secure file transfer protocol site.

7. For the purposes of conducting a risk-limiting audit pursuant to this section, the Secretary of State:

(a) Will require the use of risk-limiting audit software with the risk limit set at 5 percent; and

(b) May designate one or more of the following types of audit methods:

(1) Ballot comparison;

(2) Ballot polling; or

(3) A hybrid of ballot comparison and ballot polling.

8. As used in this section:

(c) “Countywide office” means an elected county office whose candidates are voted upon in the election by the registered voters of the entire county.

(d) “Statewide office” means an elected state office whose candidates are voted upon in the election by the registered voters of the entire State.

(Added to NAC by Sec’y of State by R011-23, eff. 9-29-2023)

NAC 293.485 Deadlines for submitting and posting results of audits conducted beginning on January 1, 2024. (NRS 293.124, 293.247, 293.394, § 37.7 of ch. 554, Stats. 2021)

1. Not later than 15 days after completing a risk-limiting audit required pursuant to NRS 293.394, each county clerk shall submit the results of the risk-limiting audit to the Secretary of State.

2. Not later than 10 days after receiving the results of a risk-limiting audit from a county clerk pursuant to subsection 1, the Secretary of State will post the results of the risk-limiting audit on the Internet website of the Secretary of State.

(Added to NAC by Sec’y of State by R110-21, 2-28-2022, eff. 1-1-2024)

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

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

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

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

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

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

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

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

1. A person who believes that a violation of Title III of the Help America Vote Act of 2002, Public Law 107-252, 52 U.S.C. §§ 21081 to 21102, inclusive, has occurred, is occurring or is about to occur may file a complaint with the Office of the Secretary of State.

2. A complaint filed pursuant to subsection 1 must:

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

(b) Provide the name of each respondent and a concise statement of the facts of the alleged violation of 52 U.S.C. §§ 21081 to 21102, inclusive.

(1) Not later than 60 days after the occurrence of the action or event that forms the basis for the complaint or for the belief of the complainant that a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, is about to occur; or

(2) Not later than 60 days after the complainant knew or, with the exercise of reasonable diligence, should have known of the action or event that forms the basis for the complaint or for the belief of the complainant that a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, is about to occur,

Ê whichever is later.

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

(Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003; A by R088-21, 2-28-2022)

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

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

(a) States a violation of 52 U.S.C. §§ 21081 to 21102, inclusive; and

(b) Complies with the requirements of NAC 293.515.

2. If a complaint fails to state a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, or does not comply with the requirements of NAC 293.515, the complaint will be dismissed without further action and notice of the dismissal will be provided to the complainant.

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

4. A complainant whose complaint has been dismissed for failure to state a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, may refile the complaint only one time.

(Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003; A by R088-21, 2-28-2022)

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

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

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

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

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

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

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

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

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

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

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

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

NAC 293.535 Hearing: Hearing officer; conduct of proceedings; determination. (NRS 293.124, 293.247, 293.4685)

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

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

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

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

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

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

7. At the conclusion of the hearing and after any brief or memorandum has been filed pursuant to subsection 6, the hearing officer will determine whether, by a preponderance of the evidence, a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, has occurred, is occurring or is about to occur.

(Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003; A by R088-21, 2-28-2022)

NAC 293.540 Review and determination when no hearing requested. (NRS 293.124, 293.247, 293.4685) If a complainant has not requested a hearing on a complaint filed pursuant to NAC 293.515, the Secretary of State or a designee thereof will review the complaint and any accompanying record and determine whether, by a preponderance of the evidence, a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, has occurred, is occurring or is about to occur. If the Secretary of State is a respondent in the complaint, the Secretary of State will appoint an independent professionally qualified person to act as the designee pursuant to this section.

(Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003; A by R088-21, 2-28-2022)

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

1. If the Secretary of State or a designee thereof, whether acting as a hearing officer pursuant to NAC 293.535 or reviewing a complaint pursuant to NAC 293.540, determines that a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, has occurred, is occurring or is about to occur, the Secretary of State or the designee will provide the appropriate remedy, including, without limitation, an order to a respondent commanding the respondent to take specified action or prohibiting the respondent from taking specified action, with respect to a past or future election. Such a remedy will not include an award of money damages or attorney’s fees.

2. If the Secretary of State or the designee, whether acting as a hearing officer pursuant to NAC 293.535 or reviewing a complaint pursuant to NAC 293.540, determines that a violation of 52 U.S.C. §§ 21081 to 21102, inclusive, has not occurred, is not occurring or is not about to occur, the Secretary of State or the designee will dismiss the complaint.

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

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

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

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

(Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003; A by R088-21, 2-28-2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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