N.R.S. 293B.1045 – Standards and procedures for approval of systems or devices by Secretary of State; regulations
Overview of Statute
This section provides standards and procedures for the approval of systems or devices by the Secretary of State.
Statute
1. No mechanical voting system or mechanical recording device may be purchased or leased in or used in any election of this State unless the system or device is approved by the Secretary of State.
2. A person who owns or has an interest in a mechanical voting system or mechanical recording device may submit an application to the Secretary of State to have the system or device examined for approval for use during the elections of this State. The Secretary of State shall approve or disapprove the use of such a system or device not later than 120 days after the application is submitted.
3. As a condition to approval, the person shall have the mechanical voting system or mechanical recording device independently examined by a person approved by the Secretary of State. The examiner shall:
(a) Review and analyze any electronic or computerized features of the system or device; and
(b) Prepare and submit to the Secretary of State a report of the results of the examination which includes a statement of the opinion of the examiner regarding the feasibility of using such a system or device during the elections of this State, with consideration for the safe and proper operation of the system or device under the conditions prescribed by the applicable election laws.
4. Any cost for the independent examination of a mechanical voting system or mechanical recording device conducted pursuant to subsection 3 must be paid by the person who submits an application to have the system or device approved by the Secretary of State.
5. The Secretary of State shall approve a mechanical voting system or mechanical recording device for use during the elections of this State if:
(a) The report prepared pursuant to subsection 3 states that the system or device can be used safely and properly in this State; and
(b) The Secretary of State determines after independently examining the system or device that it can be used safely and properly in this State.
6. Before a city or county may change or improve a mechanical voting system or mechanical recording device that has been approved by the Secretary of State pursuant to this section, the city or county must obtain approval from the Secretary of State. If any such change or improvement does not comply with the requirements of this section, the Secretary of State shall not approve the use or sale of any system or device that incorporates the change or improvement in this State.
7. The Secretary of State may reexamine a mechanical voting system or mechanical recording device or any part thereof at any time for the purpose of approving a change or improvement pursuant to subsection 6 or to ensure that the system or device continues to comply with the election laws of this State.
8. The Secretary of State and any examiner of a mechanical voting system or mechanical recording device must not have any pecuniary interest in the system or device examined.
9. The Secretary of State may establish regulations to carry out the provisions of this section.
(Added to NRS by 2017, 547)
1. Definition for Mechanical voting system
A system of voting whereby a voter may cast a vote:
1. On a device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on; or
2. By marking a paper ballot which is subsequently counted on an electronic tabulator, counting device or computer.
See Nev. Rev. Stat. § 293.0659.
2. Definition for Mechanical recording device
A device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on.
See Nev. Rev. Stat. § 293.0657.
3. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
See Nev. Rev. Stat. § 293D.080.
4. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.