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

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.