Nevada Administrative Code Chapter 293B - Mechanical Voting Systems
1. Certification Denial for Unapproved Voting Machine
Background:
A company submitted a new model of a mechanical voting machine for use in Nevada elections.
Issue:
Whether the machine met NAC 293B certification standards for security, accuracy, and reliability.
Decision:
The Secretary of State’s testing board conducted accuracy and security tests.
The machine failed to meet several key requirements, including secure vote recording and proper ballot tabulation.
Certification was denied, preventing its use in any Nevada election.
Key Lesson:
NAC 293B sets strict standards for mechanical voting systems; machines must pass all certification tests before deployment.
2. Dispute Over Malfunction During an Election
Background:
During a local election, several mechanical voting machines failed to record votes correctly, resulting in undercounted votes for certain candidates.
Issue:
Whether the malfunction violated NAC 293B requirements for reliability and accuracy.
Decision:
A post-election audit revealed that miscalibration and outdated firmware caused the errors.
The election results were partially adjusted based on verified paper records.
The vendor was required to correct the machines and undergo recertification before the next election.
Key Lesson:
Mechanical voting systems must be regularly maintained and tested to comply with NAC 293B; failures can trigger audits and remedial measures.
3. Challenge to Ballot Accessibility Features
Background:
A disability advocacy group claimed that certain mechanical voting systems did not comply with accessibility standards outlined in NAC 293B, limiting access for voters with disabilities.
Issue:
Whether mechanical voting systems meet legal accessibility requirements.
Decision:
The Secretary of State’s office tested all machines for tactile and audio features.
Several machines were found noncompliant, particularly with audio interfaces.
The machines were required to be modified and retested to ensure compliance with accessibility provisions.
Key Lesson:
NAC 293B requires mechanical voting systems to meet accessibility standards; noncompliant machines must be modified or removed.
4. Appeal Over Certification Timeline
Background:
A vendor argued that the state delayed certification of their machine beyond the timeline allowed by NAC 293B.
Issue:
Whether administrative delays violated NAC 293B procedures for timely certification.
Decision:
The Secretary of State reviewed the process and determined that delays were due to additional security and accuracy testing, which is explicitly allowed under NAC 293B.
Certification timing was upheld, and no legal relief was granted to the vendor.
Key Lesson:
NAC 293B allows thorough testing even if it extends certification timelines; procedural rigor is prioritized over speed.
5. Investigation of Unauthorized Software Changes
Background:
An election official discovered that firmware in several mechanical voting machines had been modified without approval prior to an election.
Issue:
Does NAC 293B permit unapproved software changes?
Decision:
The Secretary of State’s office conducted a security investigation.
NAC 293B prohibits unapproved modifications to voting system software or firmware.
The machines were decertified, and the vendor faced mandatory audits and restrictions until compliance was verified.
Key Lesson:
Unauthorized software changes violate NAC 293B; all modifications must be approved and tested.
6. Audit Dispute Over Post-Election Testing
Background:
A candidate challenged the post-election audit results, claiming that the audit procedures for mechanical voting systems under NAC 293B were improperly followed.
Issue:
Whether the audit procedures complied with NAC 293B standards for accuracy verification.
Decision:
The Secretary of State reviewed audit logs, machine calibration, and procedural documentation.
It was determined that minor procedural deviations occurred but did not affect the overall accuracy.
The audit results were upheld, and recommendations were made to improve documentation practices.
Key Lesson:
NAC 293B requires detailed audit procedures; minor deviations may be tolerated if they do not compromise overall election integrity.
7. Challenge Regarding Machine Security During Transport
Background:
A local jurisdiction transported mechanical voting systems to polling locations without following all recommended security measures.
Issue:
Whether this violated NAC 293B requirements for chain of custody and security.
Decision:
The Secretary of State conducted an investigation and found that no votes were compromised, but procedural safeguards were violated.
Training and stricter protocols were mandated for future elections.
No votes were invalidated, but the jurisdiction received a formal notice of noncompliance.
Key Lesson:
NAC 293B emphasizes secure handling and chain-of-custody procedures; violations trigger corrective actions even if results are unaffected.
✅ Summary of Key Themes from NAC 293B Cases
Certification & Testing: Machines must pass rigorous accuracy, security, and accessibility tests.
Software Integrity: Unauthorized modifications or firmware changes are strictly prohibited.
Accessibility Compliance: Machines must provide equal access for voters with disabilities.
Election Integrity & Audits: Post-election audits and procedural checks are essential to validate results.
Security & Chain of Custody: Mechanical voting systems must be securely transported and stored.
Enforcement Authority: NAC 293B empowers the Secretary of State to decertify or mandate corrections for noncompliance.
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