NRS293B.105. Purchase, adoption and use of mechanical voting system and mechanical recording device by local officers; approval of system or device by Secretary of State; change or improvement of system or device; regulations.

      1.  The board of county commissioners of any county or the city council or other governing body of any city may purchase and adopt for use at elections any mechanical voting system and mechanical recording device if the system or device is:

      (a) Approved by the Secretary of State pursuant to subsection 2; or

      (b) Specifically authorized by law.

Ê The system or device may be used at any or all elections held in the county or city, for voting, registering and counting votes cast.

      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 system or 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 a report of the results of the examination for the Secretary of State which includes a statement of the examiner’s opinion 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 system or device 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 system or device that has been approved by the Secretary of State, it must obtain approval from the Secretary of State. If any 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 system or device or any part thereof at any time for the purpose of approving a change or improvement 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 system or 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.

      (Added to NRS by 1975, 1523; A 1985, 1100; 1995, 2787)