[Rev. 3/27/2014 6:40:54 PM]

 

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

[NAC-293C Revised Date: 6-12]

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.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.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)