Nevada Administrative Code Chapter 293B - Mechanical Voting Systems
Here’s a detailed overview of Nevada Administrative Code Chapter 293B – Mechanical Voting Systems:
🔍 Key Provisions in NAC 293B
📘 § 293B.010 – Definitions
Defines important terms including:
“Ballot marking device” – a device for marking paper ballots later counted electronically.
“Firmware”, “Mechanical recording device”, “Mechanical voting system”, “Results cartridge”, and “VVPAT” (voter-verifiable paper audit trail) (leg.state.nv.us).
🛠️ § 293B.060 – Testing of Mechanical Systems
Before and after each election, all mechanical voting systems and readers must be tested.
Test ballots must be marked “TEST” and include every possible vote type (yes/no, no selection, undervotes, etc.).
Any discrepancies require a cause analysis, remedy, and retesting. Testing must occur on a secure, dedicated system (law.cornell.edu).
✅ § 293B.090 – Equipment & Program Testing
From two weeks before early voting through after the election, county clerks must ensure:
Mechanical recording devices, ballot marking devices, VVPATs, and tabulation equipment are fully tested for accuracy.
VVPATs must be checked to ensure paper reflects the voter selections, including in all language versions.
Any errors found must be reported to the Secretary of State and corrected before certification (law.cornell.edu).
The System must:
Provide user guidance, allow vote correction, prevent overvotes, display confirmations, and produce both paper and electronic records.
Create an auditable record ensuring only valid ballots are counted, are unmodified, and tallies are reproducible (law.cornell.edu).
🔐 § 293B.040 – Security & Chain-of-Custody Requirements
County and city clerks must:
Secure ballots, results cartridges, VVPATs, and ballot stock in vaults under access control.
Maintain logs of personnel access, require oaths from voters and officials, and submit a security & contingency plan at least 90 days before general elections.
The plan should ensure the security of ballots, digital media, access controls, and chain-of-custody protocols (leg.state.nv.us, leg.state.nv.us).
🛑 § 293B.105 – Software Installation Restriction
Prohibits installation of any software on mechanical voting systems (or components) unless explicitly approved or required by the Secretary of State (regulations.justia.com).
🏛️ Additional Regulations from Recent Updates
Ballot duplicating board (§ 293B.017): Establishes duties including serial numbering, logging, duplicate ballot verification (leg.state.nv.us).
Documentary records (§ 293B.022): Requires chain-of-custody records for transport, repairs, seal serial numbers (leg.state.nv.us).
VVPAT audit barcode/QR‑code sampling (§ 293B.100): Mandates random audits via barcodes or QR codes on paper trails (leg.state.nv.us).
Post-election audit (§ 293B.120): Within 30 days post-election, audits ensure that firmware/software in the field matches certified builds (leg.state.nv.us).
✅ Summary Table
| Section | Key Topic |
|---|---|
| 293B.010 | Definitions (devices, firmware, VVPATs) |
| 293B.017 | Ballot duplication protocols |
| 293B.022 | Transport, repair, seals recordkeeping |
| 293B.040 | Physical security & pre-election planning |
| 293B.060 | Pre-/post-election testing procedures |
| 293B.090 | Logic & accuracy testing, VVPAT verification |
| 293B.100 | Bar/QR-code audit procedures |
| 293B.105 | Restriction on software installation |
| 293B.120 | Firmware/software post-election audits |
🧾 Relation to Statutes
These regulations implement statutory mandates in NRS 293B, such as:
NRS 293B.105: authorizing counties to use mechanical systems.
NRS 293B.135, 293B.155, 293B.150–170: governing software certification and testing requirements.
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