Nev. Admin. Code § 293B.090 - Testing of equipment and programs; reporting and correction of certain errors; use of mechanical recording devices which directly record votes electronically
1. Not earlier than
2 weeks before, and not later than 5 p.m. on the day before, the first day of
early voting, and after each election, as provided in
NRS
293B.140 to
293B.170,
inclusive, the county clerk in a county using a mechanical voting system shall
ensure that each mechanical recording device which directly records votes
electronically, each ballot marking device, each VVPAT and the automatic
tabulating equipment and programs to be used in the election will accurately
mark or record, as applicable, the votes cast for all offices and on all
measures by completing the tests required pursuant to this section and chapter
293B of NRS.
2. A county clerk
shall, in the course of performing the other tests of the system, conduct a
test to ascertain that the VVPAT correctly records on the paper record the
selection made on the mechanical voting device for all offices and all measures
on the ballot. If a county clerk is required to conduct an election in more
than one language, the test ballots must be processed in each required
language.
3. A county clerk shall
conduct the test required pursuant to subsection 2 by:
(a) Processing on a mechanical recording
device, during the periods prescribed in
NRS
293B.150 and
293B.165,
a group of logic and accuracy test ballots voted so as to record:
(1) A vote for each candidate and a vote for
and against each measure on the ballot;
(2) A vote for "None of these candidates" for
all statewide contests;
(3) "No
selection made" for each contest and ballot measure; and
(4) In all contests in which a voter may vote
for more than one candidate, each option available to the voter, from "No
selection made" to the total number of candidates a voter may select.
(b) Comparing the paper record
with the contests and candidate names required to be on the ballot to ensure
the paper record is accurately recording and reflecting the selections made on
the mechanical recording device.
4. If any error is detected during the test
required pursuant to subsection 2, the error must be immediately reported to
the Secretary of State. The cause of the error must be ascertained and
corrected and an errorless count must be made before the particular mechanical
recording device or VVPAT is approved for use in the election or certified for
accuracy in the official counting of the ballots.
5. A vote is properly cast on a mechanical
recording device which directly records votes electronically when:
(a) The voter selects his or her
choice;
(b) The mechanical voting
system verifies the selection of the voter;
(c) The voter submits his or her selections;
and
(d) The mechanical voting
system verifies that the selections have been submitted.
6. Each mechanical recording device which
directly records votes electronically must include:
(a) Instructions for casting a
vote;
(b) A method for a voter to
select his or her vote in each contest;
(c) A method for a voter to change his or her
selection;
(d) A visual
verification of the selections made by the voter for each contest;
(e) A visual notice to the voter if the voter
has not made a selection in a contest or if the voter has undervoted in a
contest in which the voter may select more than one candidate;
(f) Protection from an overvote;
(g) A method for the voter to review his or
her selections and make changes before the ballot is cast;
(h) A notice advising the voter to confirm
his or her selections before casting his or her ballot and informing the voter
that casting the ballot is irrevocable;
(i) A verification that the vote has been
cast;
(j) A paper record of each
vote that is cast; and
(k) An
electronic record of each ballot stored by the mechanical voting
system.
7. A mechanical
recording device which directly records votes electronically must create a
trail for an audit of the mechanical voting system which substantiates that:
(a) Only ballots cast by authorized voters
have been included in the tally list;
(b) All ballots have been unmodified since
they were cast;
(c) All ballots
cast have been accounted for; and
(d) The results of the tabulation of the
ballots have been correctly accumulated from the ballots of the authorized
voters and are capable of repetition with the same results.
8. Persons authorized to observe
the tests conducted pursuant to
NRS
293B.150 and
293B.165
must not interfere with the conduct of such tests. The results of the tests
conducted pursuant to this section are confidential pursuant to
NRS
293B.155.
Notes
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