Section 293.Sec. 5.4 - NEW1. Before conducting a hand count of the ballots voted in an election, the election board officers must prepare to count the ballots in accordance with the requirements of NRS 293.363.2. After the ballots are prepared for counting, the election board may use an electronic tabulator to calculate the results of the tally of the votes cast in a contest on the ballot.3. A hand count of the ballots must be tallied at least twice by the hand count tally team appointed pursuant to section 4 for each contest on the ballot that will be hand counted. The results of each tally of the ballots for each contest must match exactly. If the results do not match, the hand count must be conducted again until the results match one of the previous tallies.4. In addition to the requirements of NRS 293.367 to 293.370, inclusive, each hand count tally team shall process the ballots in the following manner:(a) For a presidential preference primary election, the ballots must be sorted by each major political party to be tallied separately, with a tally form for each candidate listed on the ballot for each respective political party.(b) For a primary election, the ballots must be sorted by political party and nonpartisan ballots to be tallied separately, with a Republican tally form, a Democrat tally form and a nonpartisan tally form.(c) The ballots must be divided into separate stacks containing not more than 25 ballots per stack. Each stack must be tallied separately.(d) Each tally clerk shall silently read to themselves from each ballot the choice of the voter, as indicated by the writing in the designated space on the ballot that indicates the voter's intent, including, without limitation, a cross or check. After silently reading each ballot, the tally clerk shall: (1) Tally the vote on the appropriate tally form, depending on whether the ballot has been cast in a presidential preference primary, primary or general election. If the election is a presidential preference primary election, the tallied votes should be noted on the form for the applicable candidate for the applicable political party. If the election is a primary election, the tallied votes should be noted on the tally form for the applicable political party or the nonpartisan tally form.(2) Place a short perpendicular hash mark on the tally form opposite the name of the candidate or ballot question voted for the first through fourth vote for the same candidate or ballot question.(3) For every fifth vote for the same candidate or ballot question, place a horizontal hash mark through the previous four perpendicular hash marks.(e) After tallying each ballot, the tally clerk shall lay the ballot face down on the table to distinguish the counted ballot from the uncounted ballots. After each stack of ballots is counted, the tally clerk shall exchange the stack of tabulated ballots with the other tally clerk on the hand count tally team. Once both tally clerks have counted a stack of ballots, the reviewing clerk shall ensure the ballots are tied with a string or bound with a paper clip, binder clip or rubber band in a stack of not more than 25 ballots.(f) The verification clerk shall oversee the work of the two tally clerks to ensure that the tally count matches the same stack of ballots. If the count of the tally clerks: (1) Matches, the tally must continue.(2) Does not match, the reason for the discrepancy must be identified and corrected before the hand count tally team may continue tallying.5. The Office of the Secretary of State may supervise or assist in a hand count of the ballots voted if requested by a county clerk, but the county clerk is the party responsible for the hand count.Nev. Admin. Code § 293.Sec. 5.4
Added to NAC by Sec'y of State by R200-22A, eff. 9/18/2023NRS 293.124, 293.3677, 298.640, 298.680