Nevada Election Board Officers: Rules and Constraints

Written and published in partnership with All Voting is Local, with special thanks to Ballard Spahr, LLP

In Nevada, election board officers (Nevada’s legal term for poll workers) play an important role in administering elections. Their duties range from opening and closing polling places to assisting voters and preserving peace and good order at the polls. In recent years, Nevada — like other states — has worked tirelessly to recruit election board officers despite shortages. For elections to operate smoothly, it is critical that government officials appoint enough qualified individuals to serve as election board officers (EBOs). It is equally critical, however, that these EBOs serve in an impartial and nondisruptive manner.

In the last election cycle, media reports identified efforts around the country to recruit individuals who subscribe to falsehoods about elections as poll workers. To be sure, no poll worker should be prevented from participating in the electoral process based solely on their political beliefs. State and local officials can, however, take reasonable steps to ensure that poll workers are willing to and do, in fact, set aside any personal or partisan beliefs, follow the law, and faithfully carry out the duties of their position.

Nevada, like other states, already has many guardrails in place to prevent EBOs from disrupting the lawful administration of elections. In advance of the 2024 election cycle, this guide details those guardrails along with further actions that government officials can take to avoid disruptions on Election Day.

Legal Constraints on Election Board Officers

Eligibility

Applicants must meet certain eligibility requirements under Nevada law. In Nevada, county clerksfootnote1_CBMJoHH4XxcIP1N4Z-cRSi0ZeJgI6ZUhCX8rF2yxw_enlMMekn3xtw1 County clerks are synonymous with “registrar of voters” in certain counties. Nev. Rev. Stat. § 293.044. For city elections, city clerks must appoint and supervise EBOs for all polling locations in the city pursuant to the same statutory process that county clerks must follow. See Nev. Rev. Stat. § 293C.220(1).  are tasked with appointing EBOs, including one election board chair, to staff each polling location and vote center located within the county. footnote2_-ZcRWwEqHUzcMbpI2d23q42fwbFHcVsOknQFdmKxo_kUzMErzDBS6M2 Nev. Rev. Stat. §§ 293.050, 293.217(1), 293.220, 293.227(1), 293.3072. Vote centers are polling locations in which any person entitled to vote in the county may do so on Election Day. Nev. Rev. Stat. § 293.3072(1).  Applicants may apply directly to their county clerk’s office, or the county clerk may accept recommendations from election board chairs. footnote3_2r1an4hB9IvD1cdmmu5IWKsteWePBA6f92aNZ2nrD8_tjUmIrbyC1GP3 Nev. Rev. Stat. § 293.218. For the application process in one county, see Poll Workers, Clark Cnty. Nev., https://www.clarkcountynv.gov/government/departments/elections/services/poll_workers.php (last visited Mar. 15, 2024).  Nevada law requires that all EBOs: (1) be registered to vote in Nevada, (2) not be a candidate for nomination or election, and (3) not be related to a candidate for nomination or election (“within the second degree of consanguinity or affinity”). footnote4_HfmEWmXV5XZDOFHtRDc-ioQsptqVsFrEMlzwWu5iCBw_xQSeeVaKvw914 Nev. Rev. Stat. § 293.217(1).  In practice, some counties impose additional eligibility requirements, such as maintaining a professional demeanor and following written and verbal instructions. footnote5_4JbqjVOMoHhfSIdplGVajjxzrHUWVwgwhg2k3F2qEg_gWSYkpPoWmup5See, e.g., Poll Workers, Clark Cnty. Nev., https://www.clarkcountynv.gov/government/departments/elections/services/poll_workers.php (last visited Mar. 15, 2024); Washoe County Election Board Officer Application, Washoe Poll Chief, https://washoe.plocation.net/pollaccess/PollWorkerReview.aspx (last visited Mar. 15, 2024); Churchill County Election Board Worker Application, Churchill Cnty. Nev., https://www.churchillcountynv.gov/DocumentCenter/View/16229/Election-Board-Worker-Application (last visited Mar. 15, 2024).  Sixteen- and seventeen-year-old high school students also may serve as trainee EBOs (but not chairs) provided they obtain parental or guardian approval and permission from their school. footnote6_bd7zs9D6vI9d50l91uaJGJMc9rahdoCuPsEGByeUndo_mnLrsGyC5yxA6 Nev. Rev. Stat. §§ 293.227(2), 293.2175(1), (2)(a)-(e).   And to ensure fairness and the nonpartisan execution of election duties, state law provides that the EBOs for any polling location cannot all be from the same political party. footnote7_HfmEWmXV5XZDOFHtRDc-ioQsptqVsFrEMlzwWu5iCBw_wWekQ1c3FY767 Nev. Rev. Stat. § 293.217(1).

EBOs must receive training. Under Nevada law, the county clerk must train EBOs in “the election laws, duties of election boards, regulations of the Secretary of State, and with the procedure for making the records of election and using the register for election boards.”footnote8_NM2uJ6ZtCLsfQj-FDH5jFB9P3zVx0xn8hYzxerdNfjs_uECv78KVNHp28 Nev. Rev. Stat. § 293.227(3).  County clerks also must train EBOs in how to operate voting machines. footnote9_RpP0o69ZSy51ed7ap3Q1RqqXjIhD4-QC4gWKd5wyBZY_m33Jp25Esfvm9 Nev. Rev. Stat. § 293B.260.  EBOs cannot serve in an election without attending this training unless they are filling a vacancy in an emergency situation. footnote10_PHT4NiYsMxQH9ixJxU-buAdnlnhjo6yxALAEE9E0NWM_zHtnHkGgKGRE10 Nev. Rev. Stat. § 293B.265.

EBOs must be willing to follow applicable laws and procedures. Nevada counties generally require that EBOs take an oath or otherwise sign agreements to adhere to certain EBO commitments before opening the polls on Election Day. footnote11_UHu2f0CBx2rDzWNUKuvt7fzYOtRuSGf1-jxWJAC5-tE_z3iTSAnL4uw711See, e.g., Nye County Poll Worker Instructions, Nye Cnty. Nev., https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/27175 (last visited Mar. 15, 2024); Washoe County, Election Day Election Worker Manual, Washoe Cnty. Nev., https://www.washoecounty.gov/voters/files/electionworkerresources/ROV-ElectionDayManual_vfin-4–12–2022.pdf (last visited Mar. 15, 2024); Churchill County Election Board Worker Application, Churchill Cnty. Nev., https://www.churchillcountynv.gov/DocumentCenter/View/16229/Election-Board-Worker-Application (last visited Mar. 15 2024).  These commitments include attending the mandatory training; working well as a team member; and following applicable directions, procedures, and instructions from county officials on Election Day. footnote12_7YbP-HarNsZufA-DRNVCEGy9okiY4cfrQWw78hjoQE_nFhujYUEPPce12Id. Further, state law provides that any person who helps prepare “mechanical recording devices” (i.e., electronic voting equipment) must take an oath to perform their duties honestly and faithfully. footnote13_ShaJE4wgRUtQjvgHTgyGzI8I0HWcxwgFVKGSwAHczSQ_atDxpwR8noVK13 Nev. Rev. Stat. § 293B.225. Clerks also may choose to require oaths based on provisions such as Nev. Rev. Stat. § 293B.355, which requires clerks to ensure that any use of a computer or counting device owned or leased by the state complies with the law.  Consistent with these oaths and agreements, county clerks can and should screen out applicants who demonstrate an unwillingness to follow applicable laws and instructions. Counties should not turn away applicants solely based on their viewpoints or beliefs so long as they are consistent with laws governing elections. footnote14_CZSXbhqx1NiaK7LF0aJ4vOKD3XVSAPp8dvsKKofTNw_l5O4pqLqdrs014See generally U.S. Const. amend. I.

Chain of Command

EBOs must answer only to their designated county officials. Under Nevada law, EBOs are compensated by the county and appointed and trained by their county clerk. footnote15_R7rn-NUXI39pn1fJd6WIZNXFjCXAcSivfpzPZuEVTAw_cnknFloUkF9L15 Nev. Rev. Stat. §§ 293.217(1), 293.220, 293.227(3), 293.460, 293B.260.  County clerks also maintain the authority to remove and appoint replacement EBOs as necessary. footnote16_o-QrhJMlLI4ju2SvtAmzxDQrY1Z5sFYO4IgoABz95A4_xhYxXION7SDF16 Nev. Rev. Stat. § 293.223.  Accordingly, EBOs must answer only to their county clerk (or, in practice, delegees in the clerk’s office) rather than to their political party or any party official. During the early voting process, state law requires that county clerks appoint a deputy clerk to serve as the election officer in charge of the polling place for early voting. footnote17_wzPkBxB721IQrd-hyCxl86iUCESBeyFGBWNmDHA6uFI_dOvXtZAfQymk17 Nev. Rev. Stat. §§ 293.046, 293.358.  EBOs must therefore answer to their appointed deputy clerk if serving during the early voting period. footnote18_7YbP-HarNsZufA-DRNVCEGy9okiY4cfrQWw78hjoQE_uToHwhA9pGEv18Id. Relatedly, as detailed above, state law ensures the nonpartisan execution of election duties by mandating that the EBOs for any polling location must not all be members of the same political party. footnote19_CuhjIAN1StUkyt7W-QHolU9gpx7D1FJ1aLbIeF0KM_mYUN8SzizEt319See Nev. Rev. Stat. § 293.217(1).   County clerks, in turn, must take an oath to “support, protect and defend” state and federal laws and faithfully perform the duties of their office. footnote20_1JDzrxqdQ01WvEBbo6TyPDpQXKLLfeaImZioRftxfY_seCoHvxWLfna20 Nev. Rev. Stat. §§ 246.020(1)(a), 282.010, 282.020.   Consistent with this oath, county clerks must execute a penal bond of $10,000, “conditioned for the faithful discharge of the duties” of their office, to the county before taking office. footnote21_OgN7f-ZM9egOgIqUuiWKxvpDiG-JZZ5JUFFy-Pg8ss_mudN1fCvRTTr21 Nev. Rev. Stat. § 246.020(1)(b).

EBOs perform their duties within a clear chain of command structure. Appointed and supervised by the county clerk, election board chairs assist the clerk in overseeing election administration and EBOs at each polling location. footnote22_61td3ph8Y0mOoyrrHe12dW5ffKHX9o44RJD1tATC6k_f5dxF3pmiSjq22 Nev. Rev. Stat. §§ 293.218, 293.227(1); see also, e.g., Nev. Rev. Stat. § 293B.235.  EBOs perform a broad range of duties to assist the chair and county clerk in conducting elections, including, but not limited to, setting up the polling place, checking in voters, directing voters and verifying eligibility, and making all required records of voters and challenges throughout the day. footnote23_MXWPzDG8HJtwo-NhCqoonyTSRXMARY8Wom5QLBUmog_w6vCmQeeR4b123See, e.g., Nev. Rev. Stat. §§ 293.040, 293.273, 293.303, 293.525, 293.2725, 293.3075, 293B.295, 293B.330; see also, e.g., Nye County Poll Worker Instructions, supra note 11; Washoe County, Election Day Election Worker Manual, supra note 11.  Counties may provide further guidance as to how chairs and EBOs should divide up these tasks as well as create additional roles — such as assistant clerks and individuals specifically hired to prepare mechanical recording devices — within the chain of command structure as needed. footnote24_-oYjvf571RLLQgLOhXi0qLNC7STjszEpGIbFOPBABc_fBW1aPIlWIjU24 Nev. Rev. Stat. §§ 293.446; Nev. Rev. Stat. § 293B.225; see also, e.g., Nye County Poll Worker Instructions, supra note 11; Washoe County, Election Day Election Worker Manual, supra note 11.

Special election board members must answer to their county clerk. In addition to election boards, state law permits county clerks to create special election boards to facilitate the processing of votes. footnote25_610c67pJ908wEtBV0ge6eU5wpadcXLi3aJ7JebsblXk_blidmCQRJHtf25 Nev. Rev. Stat. § 293B.360.  These boards include, for example, a computer program and processing accuracy board, a central ballot inspection board, and a mail ballot inspection board. footnote26_q9WMD0763Z7Br29PNFRU0lauoIXVQI76j34TEs4g_wSB1v8uFryRJ26 Nev. Rev. Stat. § 293B.360(1).  The county clerk need not appoint EBOs to serve on special election boards. Rather, clerks can generally appoint “competent persons” registered to vote in Nevada, provided that each board represents all political parties as equally as possible and that duplication boards have members of more than one political party. footnote27_oKKad6ovVgE2JIkOUH9qZx8cfWNIazH-jOlJIp5R5t8_mXtTImHurwBt27 Nev. Rev. Stat. § 293B.360(2)-(3).  All special election board members serve at the county clerk’s discretion and must, like EBOs, ultimately answer to the clerk and not any political party or party official. footnote28_SHkxiDsle5fCv8VGdsGEaPA68xzAJmw0ZKC77hcsJB8_z0U6ddHfIVuI28 Nev. Rev. Stat. § 293B.360(4).

Following Applicable Laws

EBOs are further constrained by their duty to follow applicable local, state, and federal laws. Failure to do so may result in civil and criminal liability and violate the EBO’s oath of office. footnote29_KwWtBkzIcwYfLFDQGYx3vtFmnlPyjKlUQgboeRz2hc_glpvcV4DWoXY29 Nev. Rev. Stat. §§ 293.700–293.840.  

These applicable laws include the following constraints:

EBOs shall not intimidate and harass voters. Federal and state laws prohibit actual or attempted intimidation, threats, or coercion against a voter with the purpose of interfering with the right to vote. footnote30_sDuE3xlKW26AVZxpRygZTAV7KCERHIp4Jxj0kAWXJ04_eQ1z7tWKWw2k30 52 U.S.C. §§ 10101(b), 10307(b); 42 U.S.C. § 1985(3); 18 U.S.C. § 594; Nev. Rev. Stat. § 293.710(1); see also Nev. Const. Art. 2 §1A (guaranteeing the right to vote “without being intimidated, threatened or coerced”).  

Nevada law specifically prohibits:

• using, or threatening to use, any force, intimidation, coercion, violence, restraint, or undue influence;
• inflicting, or threatening to inflict, any physical or mental injury, damage, harm, or loss upon another person or their property;
• exposing or publishing, or threatening to expose or publish, a fact about another person intending to induce or compel that person to vote a certain way or refrain from voting;
• impeding or preventing the free exercise of another’s right to vote by abduction, duress, or fraudulent contrivance; and

compelling, inducing, or prevailing upon another to give or refrain from giving their vote by abduction, duress, or fraudulent contrivance. footnote31_mBrmwttZZemrRwxCKLiOwZQmAXYWK2kDJQhSj7Hg0yE_c72D3InWLv8m31See Nev. Rev. Stat.§ 293.710(1). Such violation will result in a category E felony under Nev. Rev. Stat. § 193.130. See Nev. Rev. Stat.§ 293.710(2).

Violators — including EBOs — are subject to significant civil and criminal liability. footnote32_y11mStfgqBRdGn2IO2NG3rdMZc2l-RUK4dGAdgQLqE_qKLouHy9Z75e32 52 U.S.C. §§ 10101(b), 10307(b); 42 U.S.C. § 1985(3); 18 U.S.C. § 594; Nev. Rev. Stat. § 293.710(1); see also Nev. Rev. Stat. §§ 293.710(2), 293.840.  State law further prohibits EBOs from bribing, offering to bribe, or otherwise using corrupt means to influence or deter a voter from voting a certain way. footnote33_Lhwi-wfhvQUDeiIk-NqHvGxqVEts7HiFlwu2zEeGDoI_jYksD1jHWxzi33 Nev. Rev. Stat. § 293.700. Such violation will result in a category D felony under Nev. Rev. Stat. § 193.130. See id.In addition to prohibiting voter intimidation and harassment, Nevada law prohibits EBOs (and all individuals) from intimidating or using force against their EBO colleagues or other election officials with the intent to interfere with their election duties. footnote34_HFrA0zdUrZZ6BapEoQ7A60rTJsiO3ZU8E4mShs0LfUs_mKYYU6ID134D34 Nev. Rev. Stat. § 293.705.

EBOs may not engage in electioneering. Under Nevada law, it is unlawful for any person, including an EBO, to solicit a vote or electioneer within 100 feet of a polling location. footnote35_h1Q9EHcVYrLPwUJ6yUx4ycdhr3RrHwsWuvlx7L0udi0_kJT3dLjqs4Ah35 Nev. Rev. Stat. §§ 293.361(1), 293.740(1)-(4). Such violation will result in a gross misdemeanor. See id. §§ 293.361(4), 293.740(3).  Electioneering means “campaigning for or against a candidate, ballot question, or political party” by, for example, posting signs, distributing literature, using loudspeakers to broadcast information, and wearing badges or other insignia. footnote36_iUkZ5L3ZwjSwrhIFe0CYooiPV21SLJgEqz8mq8qRCbA_lpN75BeF7oZi36See Nev. Rev. Stat. § 293.740(4).

EBOs may not prevent eligible voters from casting a ballot. Nevada law requires that its election laws be “liberally construed” such that: (1) all eligible voters have an opportunity to participate in elections and cast their votes privately; (2) an eligible voter is not denied the right to vote solely because of a physical or mental disability; and (3) the “real will” of the voters is not defeated by any failure to substantially comply with Nevada’s election laws governing notice, conducting elections, or certifying the results. footnote37_WxTUKbiZstC1IRwGtxjrFlfV2JdOxrp9HzBoYItV3b4_cDsmr5B0njRR37See Nev. Rev. Stat. § 293.127. See also Nev. Const. Art. 2, § 1A (guaranteeing the right to vote and have that vote accurately recorded).  Consistent with this liberal construction, registered voters making an oral challenge may contest voters only from their own precinct and must do so only based on personal knowledge, for limited reasons (residence, identity, voting more than once, and political party affiliation), and pursuant to the designated statutory process. footnote38_8mvwhhI5MGdUPUfoDkyGDLpe0SxafFxuYXRHY8uhTg_uDWKX2tjrLlW38 Nev. Rev. Stat. § 293.303(1). Voters making a written challenge must do so with their county clerk before Election Day. Id. § 293.547.  If a voter is challenged, an EBO must first administer an oath to the challenged voter. footnote39_RYcePTlmOHXs0SPsm06o1cVEXuZCaKCH83WNc77s_tz9Flh0sncYz39 Nev. Rev. Stat. § 293.303(1)-(2).   Based on the grounds for the challenge and the voter’s response, Nevada law sets forth a clear procedure for whether the EBO must provide the voter with a regular or provisional ballot. footnote40_GSC6mQ1P31DHAlnUeeO0CCR3MJTpluXpTQWzJiXeIZw_q5jSJeO3V1KA40 Nev. Rev. Stat. §§ 293.303, 293.304.  The EBO then must record the challenge along with the name of the challenged person, the name of the challenger, and the result of the challenge. footnote41_nrcOCeIkjDUnJg3hd6UctjLwVglHwwPPx7U1hIM_gPRzaLItogRQ41 Nev. Rev. Stat. §§ 293.303(9).  If possible, the EBO must orally notify the challenger of the result. footnote42_pbhbsH1WiMNt0CGRVCVQqdlnnusuDknlDsx914NZ-w_a7vRuqXGeR9q42 Nev. Rev. Stat. § 293.303(9)(b).

EBOs must complete certain tasks in teams. To ensure impartiality and fairness, state law requires that EBOs complete certain tasks in teams. For example, when county clerks perform their daily audit of electronic devices used to verify signatures on mail ballots, they must enlist multiple EBOs — who cannot all be of the same political party — to manually review a sample of at least 1 percent of the signatures verified each day. footnote43_f3yGoMlaj0i3A97vghAG5zgr2rMkOvhK07jfDfZMylE_jHfYrEt0qi4U43 Nev. Rev. Stat. § 293.269937(2).  Similarly, when an EBO rejects a ballot for any alleged defect or illegality, all EBOs at the polling location — who also cannot all be of the same political party — must sign the envelope. footnote44_pj2XmwptMiaERJIZBYnng4F3Sm8tC4wpRto15hsMA_fWUNPjC9swuG44 Nev. Rev. Stat. § 293.367(2)(e).  Some counties require that additional tasks be completed in bipartisan teams; Washoe County, Nevada’s second-largest county, requires two EBOs from different political parties to aid voters who seek assistance in the voting booth. footnote45_VmEheACfNy3gPUCGwNT4l5TOtlJgzXvKy6kiWThO2XI_uN316ofP1GCJ45See, e.g., Washoe County, Election Day Election Worker Manual, supra note 11, at 10.

EBOs may not tamper with election equipment or results. In Nevada, any person — including an EBO — who removes or destroys any supplies or equipment from voting booths or defaces ballot instruction cards, may face gross misdemeanor charges. footnote46_zIzRCLeuCJk8wDuxJQqyu848kQ3-tdm7n4q7kTkqIA_cHauw2jclyh146 Nev. Rev. Stat. § 293.750.   Similarly, state law makes it a felony offense to tamper or interfere with mechanical voting systems, mechanical voting devices, or any computer program used to conduct elections with the intent to prevent their proper operation or influence the outcome of the election. footnote47_t0eNQZyAnisffPDbXgtHNuic1afGm0SMlgelJr7BVc_lfCviNlaB45147 Nev. Rev. Stat. § 293.755.

Available Enforcement Mechanisms

County officials have broad authority to ensure that elections run smoothly and remain free from disruptions on Election Day. Available enforcement mechanisms include:

Screening process. As noted above, county clerks exercise authority over EBOs through the appointment process. footnote48_g1BZbxPqJ9cylf8O9iZKZq5PHem15diqhMN8w4oR5aw_vkvhLVbw1Fgb48See Nev. Rev. Stat. §§ 293.217, 293.218.  They can — and in many instances already do — develop additional eligibility requirements to ensure that applicants understand their roles and are willing to follow all applicable laws and procedures. footnote49_P6AYtCjlI0RE-INYEO3VdjA0CJaISyxoe-gDkqoves_t9rTPj4zLUyG49See, e.g., Poll Workers, supra note 3; Washoe County Election Board Officer Application, supra note 5; Churchill County Election Board Worker Application, supra note 5.  Consistent with this authority, county clerks can refuse to appoint individuals who cannot meet or are unwilling to follow the above eligibility criteria and constraints.

Training content. As noted above, state law requires EBOs to complete trainings before the election. footnote50_iniOE68rUGT8oGAXJErS8JUIB4m8–1B7rJACc4DgeNY_yF9jZIDc8po750See Nev. Rev. Stat. §§ 293.227(3), 293B.260. At this training, officials should remind EBOs about relevant laws and rules, including their duty to answer only to their proper chain of command rather than their political parties, any party official, or any other outside individual or entity. Similarly, officials should train officials to identify and report any violations of these procedures. These training sessions provide an opportunity for officials to clearly explain the checks in place to prevent voter fraud or manipulation of the election process and provide context to correct common rumors and misperceptions.

Assigning poll workers. Given the chair’s role in overseeing election administration and EBOs, county clerks should choose — to the extent possible — to appoint election board chairs with previous EBO experience and demonstrated knowledge of voting procedures. Local officials can, if they do not already, aim to track where first-time poll workers are placed, distribute first-time EBOs evenly across the jurisdiction, and ensure that every precinct has at least one EBO with previous experience. In the event that vacancies occur, counties may choose to create lists of backup EBOs to cover staffing shortages. footnote51_zyNp3fivGQ4PF-HiQbz2p8iX7wXNY6z9W5QfbcaIjVY_ahr2BIZcAc1g51See, e.g., Nev. Rev. Stat. § 293.218(2).

Dispute resolution. From time to time, EBOs may disagree over election rules and procedures. Counties may choose to create a set procedure for reporting disputes up the chain of command so they can be resolved quickly. Clerks may choose to do so as part of the contingency planning they already are required to complete for the secretary of state’s office. footnote52_MmojeRY7pMdy6o4PONtQW74hJJbY41G1K4My7UhGH7g_v1Eo8pfpX5wz52See Nev. Admin. Code § 293.202 (requiring county clerks, no later than 60 days before the general election, to submit to the secretary of state a written contingency plan to address several types of potential disruptions).  To minimize disruptions to the election process, counties can also train EBOs — especially chairs — in effective dispute resolution methods.

Oath of office. If they do not do so already, counties should consider requiring all EBOs to take an oath of office before serving at the polls and at central counting facilities (where election returns are compiled). As noted above, oaths are already mandatory for any person who helps prepare mechanical recording devices. footnote53_RD0ffqDN7GDfan3Cie18AumOJxMx1DGEAZYahpCsFfs_iQUvC2HCtNlK53See supra note 13.