Campaigning, Observers, Signs, and Posting Logs

Restrictions

The rules for electioneering and campaigning are in NRS 293.3572, 293.361, 293.740, and 293.437(4) (as amended by AB345 and SB123 of the 2019 legislative session).  Electioneering rules are now the same for PRIVATE PROPERTY for both Election Day and Early Voting, as a result of AB345 and SB123 of the 2019 legislative session. 

• PRIVATE PROPERTY (Malls, Shopping Centers, Supermarkets, etc.):

  If the early voting site or Election Day Vote Center is located on private property, electioneering and petitions are not allowed ANYWHERE on the property without the owner’s permission.  A list of sites that do and don't allow campaigning will be on the Election Department's website home page when the information becomes available.  (NRS 293.3572(4) and 293.437(4) as amended by AB345 and SB123 of the 2019 legislative session)

   

• PUBLIC PROPERTY (Government Buildings, Libraries, Schools, etc.):

• Early Voting:  Electioneering and petitions are not allowed within 100 feet of the voting area.  Election workers will post "Distance Marker" signs at the 100 foot limit to distinguish the boundaries.  (NRS 293.361)

• Election Day:  Electioneering and petitions are not allowed within 100 feet of the entrance to the building or structure in which a polling place is located.  Election workers will post "Distance Marker" signs at the 100 foot limit to distinguish the boundaries.  (NRS 293.740)

   

• PUBLIC OBSERVATION:

  Public observation rules also apply (see below) for all Election Day Vote Centers and early voting sites. 

Definition

NRS 293.740 defines electioneering as campaigning for or against a candidate, ballot question or political party by:

• Soliciting signatures of any kind, including for petitions

• Posting signs

• Distributing literature

• Using loudspeakers

• Buying, selling, wearing or displaying any badge, button or other insignia, except that a person may wear political insignia while voting only if he/she is reasonably unable to cover it

Description:

NRS 293.273, 293.274, 293.305, 293.700-293.840, 293.730, and NAC 293.245 set out the rules for observation of voting by the public at voting sites. Anyone may observe voting at a voting site, i.e., no credentials are required. Upon arrival, an observer should ask for the voting site "Team Leader." The Team Leader will direct the observer to a designated location within the voting site and the observer must remain within this area at all times including during the closing of the polls. Limited special provisions are made for the media.

New provisions added to NAC 293.245 permit limiting the number of observers inside the voting site for reasons of public safety, protection of voter privacy, or maintenance of order.

Required Form – Acknowledgement of Prohibitions:

NAC 293.245 requires observers to sign a form at the voting site before beginning observation. The form is confirmation that the observer will: (a) Not talk to voters within the voting site; (b) Not use a mobile telephone or computer within the voting site; (c) Not advocate for or against a candidate, political party, or ballot question; (d) Not argue for or against or challenge any decisions of county or city election personnel; and (e) Not interfere with the conduct of voting. The form is also an acknowledgment that observers may be removed from the voting site for violating laws or regulations.

What Is Required of Public Observers at a Voting Site, per NAC 293.245:

Observers must:

• Sit or Stand in the Public Viewing Area: The Team Leader will designate the location and observers may view election activities from this area as long as they do not disrupt the election process. The designated area must allow for meaningful observation but must not be located in an area that would allow an observer to infringe on the privacy and confidentiality of the ballot of the voter.
  • “Meaningful observation” means a person may observe the identification of voters who appear at a voting site to vote, the distribution of a voting machine card to a voter, the movement of a voter to a voting booth, the return of a voting machine card by a voter, and the exiting of voting site by a voter.
  • “Meaningful observation does NOT include:
    • Viewing the personal information of a voter, a voter’s ballot, or selections on a voting machine
    • Listening to any conversation between election workers or between a voter and election workers
• Wear a Name Tag: Observers must wear a name tag showing their full name.
• Provide the Required Form: Observers must sign the previously described acknowledgment of prohibitions.

Public observers may NOT:

• Disrupt Voting or Election Workers: No one may disrupt the voting process or the work of voting site staff, e.g., observers must keep conversation with election workers to a minimum.
• Converse with Voters: Conversation with voters in the voting area is not allowed.
• Electioneer/Campaign: No one may electioneer/campaign inside the voting site, i.e., wearing or bringing any campaign item into the voting area is not allowed.
• Use Electronic Communication Devices or Computers: Observers must turn off two-way radios, cell phones, and computers inside the voting area. Voters may use cell phones only for viewing their sample ballot.
• Photograph, Videotape, or Sound Record Voting: A member of the general public may not make a visual or audio reproduction of the conduct of voting at a voting site. Cameras, audio recorders, video cameras, etc., must be deposited with the Team Leader. Owners may retrieve their property when they leave the voting area.
• View Voter Information or Ballots:  Observers may not view the personal information of a voter, a voter’s ballot, or selections on a voting machine.
• Listen to Election Worker Conversations: Observers may not listen to any conversation between election workers or between a voter and election workers.

What Media Representatives with Proper Credential May Do at a Voting Site, per NRS 293.274:

Media representatives MAY:

• Film Willing Persons Inside the Voting Area: Filming must not violate the secrecy of a voter’s ballot, e.g., no direct or clear shots of a voter’s ballot, and must not disrupt the election process.
• Interview Willing Persons: Media representatives may interview willing persons outside of the voting site.

What is a Posting Log

Posting Logs must be available as public information for each Election Day Vote Center (NRS 293.301). Posting Logs contain the names of people who voted on Election Day (in alphabetical order), their address (if not confidential), their registration number, their precinct number, and where they voted.

How and When to View a Posting Log

Posting logs will be available exclusively online by Vote Center location, after 7:00 a.m. on Election Day. A link will be on the Election Department’s home page. Posting Logs are immediately updated live and are sortable. Paper Posting Logs will not be available at individual Vote Centers