Nev. Admin. Code § 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.
Notes
NRS 293.124, 293.247, 294.404
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