Nev. Admin. Code § 293.Sec. 13.2

Current through June 11, 2024

Section 293.Sec. 13.2 - NEW

1. Not later than 1 day before the start of a recount, the county or city clerk, as applicable, shall post a statement in his or her office that notifies the public of the date the recount board will begin the recount of votes, the time at which the recount board is expected to begin and any times during which the recount board is expected to temporarily recess during the recount of votes.

2. Subject to the provisions of subsections 3 to 7, inclusive, any person may observe the conduct of a recount of votes.

3. Before observing the conduct of a recount of votes pursuant to subsection 2, 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 conduct of a recount of votes:

(a) Acknowledges that he or she is prohibited from:

(1) Using a mobile telephone or computer within the facility in which the recount is occurring;

(2) Advocating for or against a candidate, political party or ballot question;

(3) Arguing for or against or challenging any decisions of county or city election personnel;

(4) Talking to county or city election personnel other than the county or city clerk or a person designated by the county or city clerk to answer questions from any person observing the conduct of a recount of votes pursuant to this section;

(5) Interfering with the conduct of the recount; and

(6) Interfering with county or city election personnel in the performance of any duty of such personnel set forth in title 24 of NRS; and

(b) May be removed from the recount facility by the county or city clerk for violating any provision of title 24 of NRS or any of the provisions of paragraph (a).

4. The county or city clerk may, at his or her discretion:

(a) Limit the number of persons in the recount facility who are observing the conduct of a recount pursuant to this section for reasons of public safety or to maintain order.

(b) Remove from a recount facility a person observing the conduct of a recount pursuant to this section for violating any provision of title 24 of NRS or any of the provisions of paragraph (a) of subsection 3.

5. A person observing the conduct of a recount of votes pursuant to subsection 2 may remain in an area designated by the county or city clerk to observe the recount without interfering with the recount. 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 the voter.

6. A person observing the conduct of a recount of votes pursuant to subsection 2 must wear a name tag denoting the person's full legal name.

7. The county and city clerk shall retain the signed acknowledgment described in subsection 3 for at least 180 days after the recount observed by the person who signed the acknowledgment.

8. As used in this section:

(a) "Advocating" includes, without limitation, speaking, displaying or disseminating written material and wearing identifying clothing, buttons or other paraphernalia.

(b) "Meaningful observation" means the observation of the recount of votes by a person, including, without limitation, the counting and inspection of all ballots, including rejected ballots, pursuant to NRS 293.404. The term does not include a person:

(1) Viewing the personal information of a voter, a voter's ballot or selections on a voting machine; or

(2) Listening to any conversation between election board officers.

Nev. Admin. Code § 293.Sec. 13.2

Added to NAC by Sec'y of State by R014-23A, eff. 9/18/2023

NRS 293.124, 293.247, 294.404