According to the Nevada Election Procedures Manual, “Tabulation is the processing of totaling of individual votes from various sources, such as in-person and by mail ballots.” “Election Procedures Manual” at 73. The Secretary of State is in charge of creating “uniform, statewide standards” for vote counting. Nev. Rev. Stat. § 293.3677(3). In Nevada, there are two main procedures for tabulation: 1) procedures for counting for vote-by-mail ballots,[1] and 2) procedures for counting early and Election Day ballots, which are tabulated in the same manner. The tabulation of vote-by-mail ballots can begin as soon as 15 days before election day and starts with a check-in process and signature review followed by preprocessing and tabulation. Nev. Rev. Stat. § 293.269931.
There are several Vote Counting Boards that are involved in the tabulation process. Five boards are required: 1) a Mail Ballot Central Counting Board to help process and tally mail ballots, 2) a Signature Audit Election Board to assist in the performing of daily audits of electronic signature review devices, 3) a Polling Place Board who are the individuals who staff polling sites, 4) an Accuracy and Certification Board who assist in the audit of machines and electronic equipment used in the election and tallying process, and 5) a Computer Program and Processing Accuracy Board that verifies that the software counts ballots properly. “Election Procedures Manual” at 20-23. All of the members of these boards are appointed by the County Clerk. “Election Procedures Manual” at 20-23.
In addition to the required Vote Counting Boards, if the County Clerk needs further help there are five additional boards that they may appoint. “Election Procedures Manual” at 23-25. The first is a Central Ballot Inspection Board which receives and processes ballots and checks for damage or other marks. “Election Procedures Manual” at 23. The second is a Mail Ballot Inspection Board, which performs the functions of the Central Ballot Inspection Board and Ballot Duplicating Board for mail ballots. “Election Procedures Manual” at 24. The third is a Ballot Duplicating Board, which assists in the creation of duplicate ballots when originals are unable to be read by tallying machines or manual tabulation. “Election Procedures Manual” at 24. The fourth is a Ballot Processing and Packaging Board, which assists in the organization of ballots for tabulating and recording. “Election Procedures Manual” at 25. Finally, the fifth is a Vote Adjudication Board, which reviews voter intent where it is unclear. “Election Procedures Manual” at 25. Additionally, the County Clerk has the power to appoint any additional boards that they may need. “Election Procedures Manual” at 23.
The Mail Ballot Central Counting Board may begin counting mail ballots 15 days before Election Day and must complete counting by one week following the election. Nev. Rev. Stat. § 293.269931. Counties in Nevada have some discretion to develop their own procedure to process and tabulate mail ballots. “Election Procedures Manual” at 44. This report attempts to capture the general rules that apply across counties and notes local specifics and variations where information is available.
Each county in Nevada is assigned a unique color for vote-by-mail ballot return envelopes. “Election Procedures Manual” at 44. This aids with the quick identification of ballots by county, so that when any is received by the wrong county “the envelope [is] date and time stamped” and then “forwarded to the correct county as soon as practical.” “Election Procedures Manual” at 45.
Beginning on the day of in-person early voting, the County Clerk counts all the mail ballots received by all methods (mail, drop box, in-person), collects them, and records the total received. “Election Procedures Manual” at 45. [2]
After receipt of the ballot, the County Clerk or designated employee conducts a signature review. Nev. Rev. Stat. § 293.2699927(1).
Throughout this process, the County Clerk is required to maintain a record of the chain of custody for all mail ballots. Adopted Regulation R090-21 § 3(3).
Clark County’s ballot receipt process differs slightly from other counties by using ballot sorting machines. [3] “Clark County Counts.” When mail ballots are received, they are run through the sorting machine where scans are taken of the signatures and saved for county records. Envelopes are then run again through what is called a “first pass scan.” “Clark County Counts.” During this scan, ballots are sorted and rejected based on variables like dimension, missing barcode, and voter ineligibility. “Clark County Counts.” Rejected envelopes are later reviewed manually by a bipartisan team of employees. “Clark County Counts.”
All vote-by-mail ballots must be reviewed to ensure the signature on the ballot matches the signatures available to the County Clerk. Nev. Rev. Stat. § 293.2699927(1). There are two ways that signature matching can occur: electronic and manual review. Nev. Rev. Stat. § 293.2699927(1).
In order to use electronic signature review, “the electronic device must capture a digital image of the signature and compare the digital image with images of the signature on the voter registration application.” “Election Procedures Manual” at 45. The electronic signature device must also “use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature.” Nev. Rev. Stat. § 293.269937(1).
The signature matching program and device used also have strict regulations regarding how they are operated. They must not be connected to a “computer network” except for “maintenance and support.” “Election Procedures Manual” at 46. When it is connected to a network, the device must be connected to “a closed, secure network behind a firewall.” “Election Procedures Manual” at 46. The County Clerk must keep a maintenance log that records: the name of persons who provide “maintenance or support” to the signature review device, the date and time that the person accessed it, and why the device was accessed. “Election Procedures Manual” at 46-47.
The signature matching device also must be audited daily. Nev. Rev. Stat. § 293.269937(2). The Secretary of State’s Election Procedures Manual spells out how the daily audit must be conducted: