Nac: Chapter 293C - City Elections

Link to law: http://www.leg.state.nv.us/nac/NAC-293C.html
Published: 2015

[Rev. 6/10/2014 4:46:45 PM]

[NAC-293C Revised Date: 6-14]

CHAPTER 293C - CITY ELECTIONS

GENERAL PROVISIONS

293C.050         Applicability of chapter.

293C.060         Publication of notice designating offices

for which candidates are to be nominated or elected.

293C.070         Certified list of candidates to be

provided to Secretary of State.

293C.080         Change of manner in which name of

candidate appears on ballot.

293C.090         Ballot questions.

293C.100         Ballots: Quantity required.

293C.110         Sample ballots: Primary elections.

293C.120         Sample ballots: General elections.

293C.130         Members of election boards.

293C.140         Procedures regarding election

supplies, voting booths and ballot boxes.

293C.145         Provision of signatures of

registered voters to city clerk by county clerk.

293C.150         Conduct of voting.

293C.165         Absent ballot: Form to request;

voting at polling place after receipt.

293C.170         Request for absent ballot:

Verification of voter’s address; notification.

293C.190         Delivery of absent ballot by mail.

293C.195         Procedures for handling absent

voters’ ballots in city with absent ballot central counting board.

293C.196         Absent ballot sent by approved

electronic transmission: Recording of absent ballot and maintenance of original

ballot card

293C.197         Absent ballot sent by facsimile:

Contents and form

293C.198         Absent ballot: Receipt; recording;

verification of signature

293C.199         Absent ballot: Reporting

requirements after election

293C.200         Challenged voters: Counts of votes

cast.

293C.230         Provision of aids for voting; notice

of availability.

293C.240         Reporting of returns from early

voting and absent ballots in combination with regular votes of precinct.

293C.250         City abstract: Contents; combining

of precincts.

293C.260         Mechanized report of abstract.

POLLING PLACES USING MECHANICAL VOTING SYSTEM

293C.300         Applicability.

293C.310         Supplies and equipment.

293C.320         Duties of election board before

voting.

293C.330         Procedures regarding voting;

examination of voting booths; notification to city clerk of certain violations.

293C.340         Procedures after voting.

POLLING PLACES NOT USING MECHANICAL VOTING SYSTEM

293C.350         Applicability.

293C.360         Printing of ballots generally.

293C.370         Size of ballots.

293C.380         Form of ballots for special

elections.

293C.390         Supplies and equipment.

293C.400         Procedures after voting.

 

 

 

GENERAL PROVISIONS

      NAC 293C.050  Applicability of chapter. (NRS 293.124, 293.247)  The

provisions of this chapter apply only to city elections.

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

      NAC 293C.060  Publication of notice designating offices for which candidates

are to be nominated or elected. (NRS 293.124, 293.247)  The city

clerk shall, not later than February 15 of the year in which a primary or

general city election is held, publish once in a newspaper published in his or

her city a notice that designates the offices for which candidates are to be

nominated at the primary city election and the offices for which candidates are

to be elected at the general city election. If no newspaper is published in his

or her city, the publication must be made in any newspaper of general

circulation in the city that is published in his or her county or, if none,

that is published in the nearest county of this State.

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

      NAC 293C.070  Certified list of candidates to be provided to Secretary of

State. (NRS

293.124, 293.247)  Not

later than 5 working days after the last day upon which any candidate who has

filed a declaration or acceptance of candidacy may withdraw his or her

candidacy pursuant to NRS 293C.195,

each city clerk shall send to the Secretary of State a list certified by him or

her that contains the name and mailing address of each person who is a

candidate for a city office.

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

A by R086-00, 8-22-2000)

      NAC 293C.080  Change of manner in which name of candidate appears on ballot. (NRS 293.124, 293.247)

     1.  A candidate may change the manner in

which his or her name will appear on the ballot by filing a written request to

amend his or her declaration of candidacy or acceptance of candidacy. The

request must be filed by the candidate in person with the filing officer with

whom the declaration of candidacy or acceptance of candidacy was filed not

later than 5 p.m. or close of business on the last day to file the declaration

of candidacy or acceptance of candidacy.

     2.  This section does not authorize the

amendment of any matter contained in a declaration of candidacy or acceptance

of candidacy other than the manner in which the name of the candidate appears.

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

      NAC 293C.090  Ballot questions. (NRS 293.124, 293.247, 293.250)

     1.  Preceding every ballot question to be

voted upon must be a number, to be assigned by the city clerk, in boldface

type.

     2.  If any question is to be submitted to a

vote of the people, it must be printed upon the ballot or ballot page assembly

in a manner that enables a voter to vote “Yes” or “No” upon the question

submitted.

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

A by R092-09, 10-27-2009)

      NAC 293C.100  Ballots: Quantity required. (NRS 293.124, 293.247)

     1.  Each city clerk shall prepare for each

precinct a quantity of ballots at least equal to the number of registered

voters in the precinct.

     2.  For the purposes of this section, to

determine the number of registered voters in a precinct for:

     (a) A primary election, the city clerk shall use

the number of voters who are registered 90 days immediately preceding the date

of the primary election.

     (b) A general election, the city clerk shall use

the number of voters who are registered 90 days immediately preceding the date

of the general election.

     (c) A recall election, the city clerk shall use the

number of voters who are registered on the date the call for the recall

election is issued pursuant to NRS

306.040.

     (d) Any special election other than a recall

election, the city clerk shall use the number of voters who are registered 60

days before the date of the special election.

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

A by R092-09, 10-27-2009)

      NAC 293C.110  Sample ballots: Primary elections. (NRS 293.124, 293.247, 293.565)  The city

clerk shall:

     1.  Mail a copy of the sample ballot for the

primary city election, as provided in NRS

293.565, to each candidate.

     2.  Mail a copy of the sample ballot for the

primary city election, as provided in NRS

293.565, to each candidate who has been certified to him or her by the

Secretary of State.

     3.  If a candidate’s name appears on more

than one type of sample ballot, mail a copy of at least one of the sample

ballots to the candidate, but the city clerk shall make a copy of each sample

ballot available to the candidate upon request.

     4.  Mail a copy of at least five sample

ballots and provide an electronic copy of each sample ballot for a primary city

election, as provided in NRS 293.565,

to the Secretary of State.

     5.  Post a copy of the sample ballot or a

list of candidates in a conspicuous place in the city clerk’s office.

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

A by R183-01, 5-10-2002; R072-06, 7-14-2006)

      NAC 293C.120  Sample ballots: General elections. (NRS 293.124, 293.247, 293.565)  Sample

ballots for general city elections must be prepared in the same manner,

quantity and form as sample ballots for primary city elections and must be

distributed and posted in the same manner. The city clerk shall prepare a

sufficient number of explanations of the questions on the ballot so that he or

she can mail one with each sample ballot, post one in a conspicuous place in

the city clerk’s office and post at least two in each precinct.

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

      NAC 293C.130  Members of election boards. (NRS 293.124, 293.227, 293.247, 293C.220)

     1.  If an election board of more than three

members is required to accommodate the number of registered voters in any

precinct, the city clerk may appoint as many additional members as he or she

believes are necessary or desirable.

     2.  The city clerk may permit any member of

an election board or any other interested person to attend the school described

in NRS 293.227. The city clerk

shall, when possible, give preference to persons who have attended the school

when appointing members of election boards.

     3.  After the city clerk’s school for chair

has been conducted and before the day of the election, each chair shall

instruct the members of his or her election board in the procedures to be

followed at the election.

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

      NAC 293C.140  Procedures regarding election supplies, voting booths and ballot boxes.

(NRS

293.124, 293.247)

     1.  At least 2 days before any election,

every city clerk shall prepare the following supplies for each polling place:

     (a) One flag of the United States.

     (b) Any notices or other materials required to be

posted at each polling place pursuant to NRS 293.177, 293.2549, 293.2955, 293.301, 293.302, 293.3025, 293.361, 293.740 and 293.780.

     (c) One copy of the statutes and regulations

governing elections, or one copy of a compilation of the statutes and

regulations governing elections.

     (d) If a procedure for bilingual voting is used in

the city, the required notices in the appropriate foreign language.

     2.  The city clerk may prepare for each

polling place any additional supplies the city clerk considers necessary or

desirable for carrying out the election.

     3.  On or before the day preceding the day of

a city election, each city clerk may deliver the election supplies to a person

designated by the city clerk for further distribution. The election supplies

may be delivered in sealed containers and may include any other accountable

items. The designated person shall sign a receipt for all of the items

received. The designated person shall immediately, and in a safe manner,

distribute the election supplies to those members of election boards who are

designated by the city clerk to receive and take custody of the supplies. The

designated person shall obtain a signed receipt from each member of an election

board to whom the sealed container or any other accountable item is delivered.

     4.  When an election board accepts delivery

of election supplies, it shall check the supplies against the list of inventory

and immediately notify the city clerk of any shortage. The city clerk shall

immediately correct the shortage.

     5.  At each polling place within the city,

the city clerk shall provide a quantity of booths that is sufficient to allow

voters to vote their ballots conveniently and in a manner that allows their

voting to be screened from the view of others.

     6.  Each of the booths must, during the

election, be provided with the necessary supplies for voting ballots, and must

be sufficiently lighted to enable voters to read clearly all of the printing on

ballots or ballot page assemblies and to enable members of election boards to

perform their duties.

     7.  Before opening the polls, the members of

the election board shall carefully inspect the ballot box to ensure that

nothing remains in the ballot box from a previous election. The ballot box must

be locked after the inspection, and the key to any lock on the ballot box must

be delivered to the chair of the election board or, if there is no lock, the

ballot box must be sealed by a seal approved by the Secretary of State. The

ballot box must not be opened during the election except as otherwise provided

in NRS 293C.625.

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

A by R092-09, 10-27-2009)

      NAC 293C.145  Provision of signatures of registered voters to city clerk by

county clerk. (NRS

293.124, 293.247)

     1.  Except as otherwise provided in

subsection 2, the county clerk shall provide each city clerk of a city

contained within the county with a copy of the signature of every registered

voter who resides in the city not later than the day before the period for

early voting by personal appearance begins pursuant to NRS 293C.3568 for the primary

city election or general city election, as applicable.

     2.  A county clerk is not required to provide

a city clerk with a copy of the signature of every registered voter who resides

in the city if the city holds its primary city election and general city

election on the dates set forth for primary elections and general elections

pursuant to the provisions of chapter 293

of NRS.

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

      NAC 293C.150  Conduct of voting. (NRS 293.124, 293.247)

     1.  The chair of the election board shall

designate the officer of the election board who is to make the proclamation

required pursuant to NRS 293.273.

That officer shall make the proclamation at the entrance or inside of the

polling place.

     2.  During the time the polls are open, the

members of an election board may take time for meals or personal needs, except

that only one member may be absent at any time from a polling place where four

or fewer members are employed, and only two members may be absent at any time

from a polling place where five or more members are employed.

     3.  The election board shall, to the extent

possible, prevent any person who has given assistance in voting to another from

disclosing the nature of the assisted person’s vote.

     4.  In polling places in which a mechanical

voting system is not used:

     (a) The number of replacement ballots that may be

issued to a voter who spoils his or her ballot may be decided, in good faith,

by the election board.

     (b) The chair of the election board shall make a

record of the cancelled ballots. The envelope in which cancelled ballots are

placed must be marked with the words “cancelled ballots.”

     5.  Any election board that receives mailing

ballots from the city clerk shall follow the procedure prescribed for absent

ballots in NRS 293C.332 and 293C.352.

     6.  When it is time to close the polls, a

member of the election board shall proclaim that the polls are closed for

voting.

     7.  After the completion of an election:

     (a) In polling places in which a mechanical voting

system is not used, ballot boxes must be returned by the chief law enforcement

officer of the city or representative of the city clerk and placed by him or

her in a secure storage area designated and provided by the city clerk.

     (b) In polling places in which a mechanical voting

system is used, all ballots and paper records of VVPATs must be returned by the

chief law enforcement officer of the city or representative of the city clerk

and placed by him or her in a secure storage area designated and provided by

the city clerk.

     8.  If an absent ballot central counting

board is appointed, the members of the board shall meet at a place designated

by the city clerk as soon as the polls close. The city council shall prepare

abstracts of votes on a form that was submitted by the city clerk to and

approved by the Secretary of State.

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

A by R092-09, 10-27-2009)

      NAC 293C.165  Absent ballot: Form to request; voting at polling place after

receipt. (NRS

293.124, 293.247, 293.250, 293C.330)

     1.  In addition to the requirements set forth

in paragraph (a) of subsection 1 of NRS

293C.306, the form to request an absent ballot must:

     (a) Include a line for:

          (1) The name of the registered voter

requesting the absent ballot;

          (2) The signature of the registered voter

requesting the absent ballot; and

          (3) A tracking number that consists of the:

               (I) Control number of the application to

register to vote assigned to the application by the Secretary of State pursuant

to NAC 293.420; or

               (II) Voter registration number that is

generated by computer and assigned by the county clerk in a county where a

computer is used to register voters; and

     (b) Include the name and address of the city clerk

of the city where the registered voter requesting the ballot resides.

     2.  A registered voter who receives an absent

ballot may vote at a polling place if the registered voter:

     (a) Surrenders the absent ballot to the city clerk

or the designee of the city clerk; or

     (b) Complies with the requirements set forth in

subsection 3 of NRS 293C.330.

     (Added to NAC by Sec’y of State by R013-00, eff. 4-4-2000;

A by R092-09, 10-27-2009)

      NAC 293C.170  Request for absent ballot: Verification of voter’s address;

notification. (NRS

293.124, 293.247)  A city

clerk who receives a request for an absent ballot shall:

     1.  Compare the address of the voter’s

residence in this State that is indicated on the request with the address that

is indicated on the voter’s application to register to vote.

     2.  If the city clerk determines that the

address indicated on the application to register to vote is different from the

address that is indicated on the request for an absent ballot, mail a written

notice to the voter. The notice must include:

     (a) A copy and explanation of the provisions set

forth in NRS 293C.525; and

     (b) A postcard to be returned by the voter to the

city clerk that includes verification of the address of the voter’s residence

in this State. The city clerk shall use a postcard that may not be forwarded to

an address of the voter that is different from the address to which the notice

is mailed.

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

      NAC 293C.190  Delivery of absent ballot by mail. (NRS 293.124, 293.247, 293C.322)  When a

city clerk sends a voter an absent ballot pursuant to NRS 293C.322, the city clerk

shall use an envelope that may not be forwarded to an address of the voter that

is different from the address to which the absent ballot is mailed.

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

      NAC 293C.195  Procedures for handling absent voters’ ballots in city with

absent ballot central counting board. (NRS 293.124, 293.247)

     1.  In a city in which an absent ballot

central counting board has been appointed and the city clerk has posted a

statement pursuant to subsection 2, the city clerk may, not earlier than 4

working days before election day and not later than 5 p.m. on the second

working day before election day, deliver the absent voters’ ballot boxes to the

absent ballot central counting board. When the ballot boxes are received, the

absent ballot central counting board shall:

     (a) Sort the ballots by precinct or, for those

precincts that have been consolidated into a single voting district, by voting

district, unless the counting system produces an accounting of the ballots by

precinct or voting district;

     (b) Count the number of ballots by precinct or, for

those precincts that have been consolidated into a single voting district, by

voting district, unless the counting system produces an accounting of the

ballots by precinct or voting district;

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

ballots; and

     (d) Place all the ballots and the statement of

ballots into the container provided by the city clerk to transport those items

to a central counting place and seal the container. The container and seal used

must comply with the provisions of NRS

293C.700.

     2.  Not later than 2 working days before the

date of delivery of the ballot boxes pursuant to subsection 1, the city clerk

must post a statement in the city clerk’s office that notifies the public of

any actions that will be taken pursuant to subsection 1.

     3.  Any absent ballots received by the city

clerk after he or she delivers the ballot boxes pursuant to subsection 1 must

be:

     (a) Deposited into the appropriate absent voters’

ballot boxes pursuant to the provisions of NRS 293C.305 to 293C.340, inclusive, after those

ballot boxes have been returned pursuant to subsection 1; and

     (b) Processed pursuant to the provisions of NRS 293C.3615 to 293C.395, inclusive.

     4.  The city clerk shall allow members of the

general public to observe the handling of the absent ballots conducted pursuant

to subsection 1 if those members do not interfere with the handling of the

absent ballots.

     (Added to NAC by Sec’y of State by R086-00, eff. 8-22-2000;

A by R072-06, 7-14-2006)

      NAC 293C.196  Absent ballot sent by approved electronic transmission: Recording

of absent ballot and maintenance of original ballot card. (NRS 293.124, 293.247, 293.250)  If a

city clerk or the authorized representative of a city clerk sends an absent

ballot by approved electronic transmission, the city clerk or the city clerk’s

authorized representative shall:

     1.  Cause a unique identification number to

be included on the absent ballot.

     2.  Record in the absent ballot record:

     (a) The name of each voter who requested an absent

ballot by approved electronic transmission, the voter’s precinct or district,

the voter’s political affiliation, if any, and the unique identification number

of the absent ballot.

     (b) The method of approved electronic transmission

used by the city clerk or the city clerk’s authorized representative to send

the absent ballot, including, without limitation, the destination of the absent

ballot, such as the facsimile transmission number or electronic mailing

address, as applicable, to which the city clerk or the city clerk’s authorized

representative sent the absent ballot.

     (c) The date and time that the city clerk or the

city clerk’s authorized representative sent the absent ballot to the voter by

approved electronic transmission.

     (d) The initials of the person who sent the absent

ballot to the voter.

     3.  Maintain the original ballot card in a

secured area where access is allowed only with the approval of the city clerk.

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

      NAC 293C.197  Absent ballot sent by facsimile: Contents and form. (NRS 293.124, 293.247, 293.250, 293C.315)

     1.  An absent ballot sent to a voter by

facsimile pursuant to subsection 2 of NRS 293C.322 must:

     (a) Contain instructions for marking the absent

ballot.

     (b) Contain instructions for returning the absent

ballot by facsimile, including, without limitation, the:

          (1) Facsimile transmission number that the

voter may use to return the absent ballot.

          (2) Deadline for returning the absent ballot

by facsimile to the city clerk.

     (c) Contain the contact information of the city

clerk or an authorized representative of the city clerk who will be available

during normal business hours to answer questions from the voter concerning the

absent ballot. Such information must include, without limitation, the city

clerk or authorized representative’s name, address, phone number, facsimile

transmission number and electronic mail address.

     (d) Instruct the voter that the absent ballot may

not be used by another voter or duplicated.

     (e) Instruct the voter to read and sign a

declaration, under penalty of perjury, stating that the voter:

          (1) Resides within the precinct in which he or

she is voting; and

          (2) Is the person who requested the absent

ballot.

     (f) Contain a statement that failure to sign the

declaration required pursuant to paragraph (e) will result in the absent ballot

not being counted.

     (g) Contain any other information required by the

Secretary of State or city clerk.

     2.  Except as otherwise provided in NRS 293.309, an absent ballot and

the information required pursuant to subsection 1 must be written on a form 8 1/2

x 11 inches in size and printed in a size equal to at least 10-point black type

on a white background.

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

A by R111-11, 12-30-2011)

      NAC 293C.198  Absent ballot: Receipt; recording; verification of signature. (NRS 293.124, 293.247, 293.250, 293.317)

     1.  To be counted, an absent ballot must be

received by the office of the city clerk by 7 p.m. on the day of the election.

     2.  The city clerk shall place each rejected

absent ballot in a separate envelope and note on the outside of the envelope

the appropriate number of the precinct and the reason for the rejection of the

absent ballot.

     3.  When an absent ballot is returned to the

city clerk, the city clerk shall:

     (a) Record the receipt of the absent ballot in the

absent ballot record; and

     (b) If the absent ballot is returned by approved

electronic transmission and the voter requests confirmation of receipt of the

absent ballot, send a confirmation to the voter using approved electronic transmission.



     4.  The city clerk shall check the signature

on the return envelope, facsimile or other electronic document, as applicable,

against the original signature of the voter on his or her application to

register to vote. Each city clerk shall establish a procedure for duplicating

absent ballots received pursuant to this section that must be approved by the

Secretary of State before it is used by the city clerk.

     5.  If a voter returns more than one voted

absent ballot for the same election and the city clerk receives all such absent

ballots before the polls are closed on the day of the election, the city clerk

shall count the absent ballot received first.

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

      NAC 293C.199  Absent ballot: Reporting requirements after election. (NRS 293.124, 293.247, 293.250)  Not

later than 60 days after the date of an election, a city clerk shall report to

the election board:

     1.  The number of absent ballots for that

election that the city clerk sent using approved electronic transmission.

     2.  The number of absent ballots for that

election that were returned by voters using approved electronic transmission.

     3.  The number of absent ballots described in

subsection 2 which were counted by the city clerk.

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

      NAC 293C.200  Challenged voters: Counts of votes cast. (NRS 293.124, 293.247)

     1.  If an absent ballot central counting board

has been established pursuant to NRS

293C.240, ballots cast by voters whose eligibility to vote has been

successfully challenged must be counted and recorded separately from those cast

by other voters in any precinct.

     2.  If an absent ballot central counting

board has not been established, the city clerk shall provide the manner of

counting such ballots.

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

      NAC 293C.230  Provision of aids for voting; notice of availability. (NRS 293.124, 293.247)

     1.  Each city clerk shall provide to persons

with disabilities and persons 65 years of age or older aids for voting,

including:

     (a) Instructions that are printed in large type and

are conspicuously displayed at each polling place; and

     (b) Information through telecommunication devices

for persons who are deaf.

     2.  When the city clerk provides public

notice of voting, he or she shall also provide notice of the availability of

aids for voting and procedures for voting by absent ballot.

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

      NAC 293C.240  Reporting of returns from early voting and absent ballots in

combination with regular votes of precinct. (NRS 293.124, 293.247, 293C.3606, 293C.385)

     1.  If a precinct has fewer than 10 returns

from early voting:

     (a) The reporting of those returns separately from

the regular votes of the precinct shall be deemed, for the purposes of NRS 293C.3606, to violate the

secrecy of those voters’ ballots; and

     (b) Those returns must be reported in combination

with the regular votes of the precinct.

     2.  If a precinct has fewer than 10 returns

of absent ballots:

     (a) The reporting of those returns separately from

the regular votes of the precinct shall be deemed, for the purposes of NRS 293C.385, to violate the

secrecy of those voters’ ballots; and

     (b) Those returns must be reported in combination

with the regular votes of the precinct.

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

      NAC 293C.250  City abstract: Contents; combining of precincts. (NRS 293.124, 293.247, 293C.387)

     1.  A city abstract must contain:

     (a) The name of the city.

     (b) The title of the election.

     (c) The date of the election.

     (d) The information required by NRS 293C.387.

     (e) The title of the office.

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

ballot.

     (g) The number of registered voters in each

precinct.

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

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

each precinct.

     (j) The total for all precincts of the items set

forth in paragraphs (g), (h) and (i).

     (k) The number of each ballot question.

     (l) The number of “Yes” votes and “No” votes in

each precinct for each ballot question.

     (m) The total number of “Yes” votes and “No” votes

for each ballot question in all precincts.

     2.  When preparing the city abstract, the

city clerk may include all precincts containing less than 10 registered voters

in one precinct.

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

      NAC 293C.260  Mechanized report of abstract. (NRS 293.124, 293.247, 293C.387)  A

mechanized report of an abstract of votes, as required by NRS 293C.387, must be transmitted

to the Secretary of State. The Secretary of State will, not later than March 1

of each year, notify each city clerk of the specifications for the mechanized

report of the abstract of votes required pursuant to this section.

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

A by R013-00, 4-4-2000)

POLLING PLACES USING MECHANICAL VOTING SYSTEM

      NAC 293C.300  Applicability. (NRS 293.124, 293.247)  The

provisions of NAC 293C.300 to 293C.340, inclusive, apply only to polling places in

which a mechanical voting system is used.

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

      NAC 293C.310  Supplies and equipment. (NRS 293.124, 293.247)

     1.  At least 2 days before any election, the

city clerk shall prepare the following supplies for each precinct:

     (a) The election board register;

     (b) Copies of the roster in such a quantity and

form as the city clerk determines appropriate;

     (c) A quantity of mechanical voting devices that

ensures an efficient flow of voters;

     (d) A container for transporting ballots that is

equipped with a lock and key, numbered seal or other device that prevents

unauthorized entry;

     (e) At least three copies of each sample ballot

that pertains to the election;

     (f) A procedural checklist for election boards; and

     (g) One list of the inventory of the supplies

provided to the election board, including a notation whether the supplies have

been inserted into the container for transporting ballots.

     2.  Each city clerk may prepare for the

precincts any additional supplies he or she considers necessary or desirable

for carrying out the election.

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

A by R092-09, 10-27-2009)

      NAC 293C.320  Duties of election board before voting. (NRS 293.124, 293.247)

     1.  Each member of the election board must be

present in the polling place where the member is to serve at least 45 minutes

before the time the polling place is to open.

     2.  The election board shall set up the vote

recording devices in a manner that creates the most efficient flow of voters.

     3.  The election board shall, if applicable,

ensure that the correct ballot page assemblies have been properly inserted into

the vote recording devices. As a check, the boards shall compare a sample

ballot for the particular precinct with the official ballot page assemblies

being inserted into the recording devices to assure that they contain the same

candidates and questions.

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

A by R092-09, 10-27-2009)

      NAC 293C.330  Procedures regarding voting; examination of voting booths;

notification to city clerk of certain violations. (NRS 293.124, 293.247)

     1.  After a person is identified as being a

registered voter and has signed the roster, a member of the election board:

     (a) May issue the voter a receipt.

     (b) Shall ask the voter if the voter needs

assistance in casting a ballot.

     (c) Shall make the following statement to the

voter:

 

If you have any questions or concerns

about the mechanical voting device, please stop voting immediately and bring

your question or concern to the attention of a member of the election board.

Once you have cast your ballot, you will not be able to have your question or

concern addressed by the election board.

 

     (d) Shall direct the voter to a voting booth

equipped to handle the voter’s ballot.

     2.  A member of the election board shall not

permit any person to enter a voting booth to vote until he or she ascertains

that the person understands how to operate the mechanical voting device.

     3.  If it is obvious to the members of an

election board that a voter is trying to delay an election by repeatedly

voiding his or her selections and not casting a ballot, a member of the

election board must warn the voter that such actions are unlawful and offer

assistance if necessary. If the voter continues to attempt to delay the

election, the election board may take any appropriate action to expedite the

election, including, without limitation, removing the voter from the polling

place if the county or city clerk has approved the removal.

     4.  Before the commencement of voting and

periodically throughout the election, members of the election board shall

examine the voting booths to ensure that each booth does not contain any

campaign cards, political advertising, partisan notes or any other matter that

constitutes an unauthorized attempt to influence the voters.

     5.  The election board shall ensure that a

copy of the statement set forth in paragraph (c) of subsection 1 is prominently

displayed at the polling place.

     6.  If a member of the election board

observes at a polling place any violation of the provisions of title 24 of NRS,

he or she shall notify immediately the city clerk.

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

A by R092-09, 10-27-2009; R124-11, 12-30-2011)

      NAC 293C.340  Procedures after voting. (NRS 293.124, 293.247, 293C.369)

     1.  If a difference exists between the number

of persons voting and the number of ballots cast, the difference must be

reported in writing to the city clerk, together with any known reasons for the

difference.

     2.  The total number of voters must be

entered by the election board on the forms provided by the city clerk.

     3.  The chair of an election board is

responsible for the safe delivery of the ballots and VVPATs to the central

place designated by the city clerk for the counting of ballots, except that a

ballot pick-up board, if established, is responsible for the delivery.

     4.  After closing the polls, the election

board shall compare the quantity of its results cartridges, VVPATs, mechanical

recording devices and other essential election supplies that were furnished by

the city clerk with the city clerk’s inventory, note any shortages and immediately

notify the county and city clerk if any shortages are noted. The chair of the

election board is responsible for the safe return of all supplies, including

all records and equipment pertaining to the election, in accordance with the

directions of the city clerk.

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

A by R092-09, 10-27-2009)

POLLING PLACES NOT USING MECHANICAL VOTING SYSTEM

      NAC 293C.350  Applicability. (NRS 293.124, 293.247)  The

provisions of NAC 293C.350 to 293C.400, inclusive, do not apply to polling places

in which a mechanical voting system is used.

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

      NAC 293C.360  Printing of ballots generally. (NRS 293.124, 293.247)  The city

clerk shall provide official printed ballots to be used at an election. The

ballot stock must be ordered by the city clerk within 2 days after the date set

for closing of registration for the election.

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

      NAC 293C.370  Size of ballots. (NRS 293.124, 293.247, 293.250)

     1.  Official ballots for elections must be

wide enough to comply with the provisions of the election laws, and must be at

least 12 inches wide, including the numbered stub and the numbered perforated

strip.

     2.  Official ballots for elections must be of

a length that permits the proper placement of the required captions, headings,

designations of political parties, directions to voters and names of

candidates.

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

      NAC 293C.380  Form of ballots for special elections. (NRS 293.124, 293.247, 293.250)

     1.  Each ballot for a special election must

have a perforated line extending from top to bottom 1/2 inch from the

right-hand side of the ballot. No writing or printing, except the number of the

ballot, may be made upon the 1/2-inch strip formed by the perforated line.

     2.  The words “Yes” and “No,” separated by a

light-faced line, must be printed on the ballot after each question. To the

right of each word must be printed a light square at least three-eighths of an

inch on each side.

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

      NAC 293C.390  Supplies and equipment. (NRS 293.124, 293.247)

     1.  There must be an adequate supply, as

determined by the city clerk, of voting booths for each precinct.

     2.  The city clerk shall, at least 2 days

before the day of any election, prepare the following supplies for each

precinct:

     (a) The election board register;

     (b) Copies of the roster in such a quantity and

form as the city clerk determines appropriate;

     (c) A container for transporting ballots that is

equipped with a lock and key, numbered seal or other device that prevents

unauthorized entry;

     (d) At least three copies of each sample ballot

that pertains to the election; and

     (e) Such other supplies as are necessary for

conducting the election.

     3.  The city clerk shall print, in plain

type, sets of instructions for voters for obtaining and marking their ballots.

On the day of an election, the election board shall post at least one set of

instructions in each voting booth and at least three additional sets of instructions

at places open to public view in or about the polling place.

     4.  The chair of each election board shall

require the members of the board to prepare the ballots and any other supplies

or equipment necessary for voting and may assign specific duties to the members

of the election board to complete the preparation.

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

A by R092-09, 10-27-2009)

      NAC 293C.400  Procedures after voting. (NRS 293.124, 293.247, 293C.380)

     1.  After all eligible voters have cast their

votes, the election board shall, in the following manner, count the number of

official ballots it received:

     (a) The board shall total the number of voters’

signatures recorded in the roster book and enter that number on the ballot

statement provided by the city clerk.

     (b) The board shall then unlock or unseal the

ballot box and count the number of official ballots, comparing this number with

the number of signatures recorded on the ballot statement.

     (c) The numbers of signatures and ballots should be

the same. If they are not, the board shall recount the number of signatures and

the number of ballots. If a discrepancy still exists, the board shall make a

notation to that effect on the ballot statement.

     2.  Each member of the counting board must be

present in the polling place where the member is to serve not later than the

time set for the closing of the polling place. If any polling place is closed

early because all of the voters registered in the precinct have voted, the

election board shall immediately notify the members of the counting board of

the closing.

     3.  After the polls are closed, the election

board shall compare the quantity of its supplies that were furnished by the

city clerk with the city clerk’s inventory and make a notation upon the

inventory of any materials that were lost, used or stolen.

     4.  After voting is completed, the chair of

the election board shall deliver the keys to the ballot boxes to the chair of

the counting board.

     5.  Each chair of a counting board shall

assign duties to the members of his or her board in a manner that facilitates

the counting of votes. If any person interferes in any way with the counting of

the votes, the chair of the counting board shall request a law enforcement

officer of the city to remove the person.

     6.  The members of the counting board shall

count and make the record of the votes in the manner prescribed by the city

clerk.

     7.  If the counting board rejects a ballot,

it shall place that ballot in a separate envelope, seal the envelope and write

upon the envelope the word “Rejected” and the reason for the rejection.

     8.  Every member of the counting board or the

computer program and processing accuracy board as created by the city clerk

pursuant to NRS 293C.665 shall

sign the copy of the election return that is required by NRS 293C.380 to be posted on the

outside of the polling place.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)
Read Entire Law on www.leg.state.nv.us