Polling places are generally open to observers regardless of residency or party status. Nev. Rev. Stat. § 293.274(1). However, the County Clerk has the right to limit the number of poll observers in any given polling site for purposes of safety or maintaining order. Nev. Admin. Code § 293.245(3)(a). They can also remove any observer for engaging in prohibited conduct. Nev. Admin. Code § 293.245(3)(b).
This provision appears to give County Clerks some discretion in terms of how observer activity is managed at polling places. In practice, in past election cycles, this has meant that organizations have rotated in and out of the polling site, sometimes with political parties' observers having priority, and sometimes being rotated in and out based on ideology. Election Board Officers are to rotate observers “on an equitable basis.” “Election Procedures Manual” at 62.
Any member of the public is permitted to observe the activities at a polling site as long as they follow certain requirements of what they must do while observing and what they are prohibited from doing. Nev. Admin. Code § 293.245(1).
A poll observer must sign an acknowledgment form supplied by the Secretary of State. Nev. Admin. Code § 293.245(2). On this form, the observer promises to refrain from engaging in certain prohibited conduct including: talking to voters, using their cellphone, politicking, “[a]rguing for or against or challenging any decisions of county or city election personnel,” or interfering with the voting process. Nev. Admin. Code § 293.245(2)(a). The form will also state that they are subject to removal if they engage in prohibited conduct. Nev. Admin. Code § 293.245(2)(b). A poll observer must also wear a name tag that has their full name written on it. Nev. Admin. Code § 293.245(7). Statute also forbids anyone from entering the inside of the “guardrail” without the permission of the Election Board Officers. Nev. Rev. Stat. § 293.273(3).
The Election Board Officer in charge of the polling site, known as the Chair, may designate an area for observers to stay. Nev. Admin. Code § 293.245(6). This designated area must allow for “meaningful observation.” Nev. Admin. Code § 293.245(6). “‘Meaningful observation’ means a person may observe the identification of voters who appear at a polling place to vote, the distribution of a ballot or voting machine card to a voter, the movement of a voter to a voting booth, the return of a ballot or voting machine card by a voter and the exiting of a polling place by a voter.” Nev. Admin. Code § 293.245(9)(b). “The term does not allow the viewing of the personal information of a voter … a voter’s ballot or selections on a voting machine, or the ability to listen to any conversation between election board officers or between a voter and election board officer.” “Election Procedures Manual” at 61. The designated area will have an “Observer Area” sign near it. “Election Procedures Manual” at 62.
The media are allowed to film inside the polling area, unlike other observers. “Election Procedures Manual” at 63.
An observer who has viewed the voting process is allowed to remain to watch the closing procedures of a polling site so long as they do not interfere with the closing operation. Nev. Admin. Code § 293.245(5). If a person wishes to observe the closing procedures but was not already in the polling place and the doors to the polling place were closed, they are to be let in to observe as long as “there is room within the polling place” and their admission would not interfere with the voting process of the final voters of the day. Nev. Rev. Stat. § 293.305(2).
The rules surrounding the observation of the processing and counting of ballots are similar to the rules regarding the observation of polling sites. Any member of the public is able to view the processing and tabulation process. Nev. Admin. Code § 293.356(1). The prospective observer must sign a form provided by the Secretary of State that acknowledges the observer will refrain from:
The County or City Clerk may remove an observer for engaging in prohibited conduct or may limit the amount of observers for safety or privacy purposes. Nev. Admin. Code § 293.356(3). The observer must also wear a name tag that has their full name on it. Nev. Admin. Code § 293.356(5).
The Clerk may designate an area where observers must remain. Nev. Admin. Code § 293.356(4). This designated area must allow for “meaningful observation.” Nev. Admin. Code § 293.356(4).