Nev. Admin. Code § 293B.040

Current through October 11, 2024
Section 293B.040 - Security of ballots, results cartridges and VVPATs
1. A county clerk and city clerk shall:
(a) Maintain a record of the persons who are responsible for transporting the ballots, results cartridges and VVPATs from the polling place to the central counting place;
(b) Store ballots, results cartridges and VVPATs upon receipt in a vault or secure area that is accessible only by the county or city clerk and persons designated by the county or city clerk;
(c) Provide for the security and protection of the stored ballots, results cartridges and VVPATs;
(d) Control access to the stored ballots, results cartridges and VVPATs;
(e) Maintain a record of the persons allowed access to the stored ballots, results cartridges and VVPATs; and
(f) Require that any election board officers allowed access to the stored ballots, results cartridges and VVPATs have sworn under oath to perform their duties honestly and faithfully.
2. Each county and city clerk shall, not later than the 90th day before any election, submit to the Secretary of State for approval using the form prescribed by the Secretary of State a plan to ensure the accuracy and security of voting in the county or city, which must, without limitation:
(a) Include procedures to carry out the provisions of paragraph (e) of subsection 3 of NRS 293.247 concerning the procedures to be used to ensure the security of the ballots, results cartridges, VVPATs, blank ballot stock, chain-of-custody documents and access controls; and
(b) Include any forms, schedules logs or checklists that are referenced in the plan.
3. If there is no change to the plan submitted pursuant to subsection 2 for the previous election, the county clerk or city clerk may resubmit the plan to the Secretary of State for a subsequent election. If the county or city clerk resubmits the plan, the county or city clerk must indicate that fact on a form prescribed by the Secretary of State.
4. The Secretary of State will review each plan submitted pursuant to subsection 2 and, not later than 15 days after the plan is submitted, notify the county or city clerk whether the plan complies with the requirements of this section.
5. As used in this section, "ballot stock" means:
(a) The paper upon which a ballot is printed on which a voter directly indicates his or her vote; and
(b) The materials included with a mail ballot, including, without limitation, the mail ballot, return envelope, envelope or sleeve into which the mail ballot is inserted to ensure its secrecy and voter instructions.

Nev. Admin. Code § 293B.040

Added to NAC by Sec'y of State, eff. 2-28-90; A 3-17-92; R086-00, 8-22-2000; R072-06, 7-14-2006; A by R091-21A, eff. 2/28/2022; A by R012-23A, eff. 9/18/2023; A by R106-23A, eff. 2/20/2024

NRS 293.124, 293.247