Nevada § 293B.1045 - Standards and procedures for approval of systems or devices by Secretary of State; regulations

§ 293B.1045. Standards and procedures for approval of systems or devices by Secretary of State; regulations

1. No mechanical voting system or mechanical recording device may be purchased or

leased in or used in any election of this State unless the system or device is approved

by the Secretary of State. 2. A person who owns or has an interest in a mechanical voting system or mechanical

recording device may submit an application to the Secretary of State to have the system

or device examined for approval for use during the elections of this State. The Secretary of State shall approve or disapprove the use of such a system or device

not later than 120 days after the application is submitted. 3. As a condition to approval, the person shall have the mechanical voting system

or mechanical recording device independently examined by a person approved by the

Secretary of State. The examiner shall: (a) Review and analyze any electronic or computerized features of the system or device;

and (b) Prepare and submit to the Secretary of State a report of the results of the examination

which includes a statement of the opinion of the examiner regarding the feasibility

of using such a system or device during the elections of this State, with consideration

for the safe and proper operation of the system or device under the conditions prescribed

by the applicable election laws. 4. Any cost for the independent examination of a mechanical voting system or mechanical

recording device conducted pursuant to subsection 3 must be paid by the person who

submits an application to have the system or device approved by the Secretary of State. 5. The Secretary of State shall approve a mechanical voting system or mechanical recording

device for use during the elections of this State if: (a) The report prepared pursuant to subsection 3 states that the system or device

can be used safely and properly in this State; and (b) The Secretary of State determines after independently examining the system or

device that it can be used safely and properly in this State. 6. Before a city or county may change or improve a mechanical voting system or mechanical

recording device that has been approved by the Secretary of State pursuant to this

section, the city or county must obtain approval from the Secretary of State. If any such change or improvement does not comply with the requirements of this

section, the Secretary of State shall not approve the use or sale of any system or

device that incorporates the change or improvement in this State. 7. The Secretary of State may reexamine a mechanical voting system or mechanical recording

device or any part thereof at any time for the purpose of approving a change or improvement

pursuant to subsection 6 or to ensure that the system or device continues to comply

with the election laws of this State. 8. The Secretary of State and any examiner of a mechanical voting system or mechanical

recording device must not have any pecuniary interest in the system or device examined. 9. The Secretary of State may establish regulations to carry out the provisions of

this section.