Nev. Admin. Code § 293.356

Current through November 8, 2024

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

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.

Nev. Admin. Code § 293.356

Added to NAC by Sec'y of State by R108-21A, eff. 2/28/2022

NRS 293.124, 293.247, 293B.353.