Republicans in Nevada are asking poll observers to complete a more than 15-item checklist on topics such as ensuring that voting machines are sufficiently secured and not connected to the internet, even though the poll watchers are not legally entitled to receive much of this information.

Poll watching, which involves standing off to the side and ensuring that proper procedures are being followed while people go through the voting process, is a volunteer opportunity open to those who agree to the state’s rules. It’s especially common among Republicans and so-called voting rights groups.

The checklist, obtained by The Nevada Independent, instructs observers to contact the Nevada GOP’s Southern Nevada election integrity hotline if any of the items are not checked off. A Republican spokesperson did not respond to questions sent Wednesday about the goal of the checklist and prevalence of the forms.

The Nevada Secretary of State’s Office has found no evidence of widespread fraud in the past two election cycles, and the state’s voting machines undergo a rigorous testing process before, during and after elections.

The issue is the latest GOP action that has prompted allegations that the party is attempting to sow doubt in the state’s election systems. Republicans have also launched a slew of lawsuits in Nevada (with no successes so far) that Democrats say fuel distrust of Nevada elections. Trump’s allies have also cast doubt on the security of voting machines.

There are a handful of Nevada statutes that govern the actions of poll observers, such as allowing them to have access to “meaningful observation” of polling areas (such as watching people go through the voting process), but they are prohibited from speaking to voters, interfering in the voting process and objecting to a decision by an election employee.

However, state law does not explicitly give observers the right to seek much of the information on the checklists, such as inspecting the security of voting machines, receiving the serial numbers of the machines and accessing voting data at a polling location. Because election workers are not obligated to provide much of this information to observers and have many other responsibilities, critics worry that not doing so could increase harassment of election workers.

“I am very concerned that this could happen, in terms of them following these individuals and harassing them and creating an unsafe environment based on this information,” said Sadmira Ramic, a voting rights attorney with the American Civil Liberties Union of Nevada.

Shelbie Swartz, the executive director of the progressive group Battle Born Progress, said her staff has seen instances during early voting in Southern Nevada of observers with these forms demanding the information from election workers.

“Hassling and harassing election workers that are already taking time out of their lives to uphold our democratic processes is unnecessary and does nothing but attempt to sow distrust in our democracy,” Swartz said.

Washoe County has not received any reports of issues related to the checklists, a spokesperson said.

A GOP spokesperson from the national party’s election integrity unit also did not respond to criticism that the forms could invite election worker harassment or sow distrust in elections.

Voting machines

Many of the checklist items address electronic voting machines that were at the center of conspiracy theories in the aftermath of the 2020 presidential election.

All but two counties in Nevada are using machines run by Dominion, the company at the center of the 2020 conspiracies that secured a $787 million defamation settlement with Fox News. Lander County and Carson City are using the Election Solutions & Software voting machines, which includes a paper record for every voter.

The checklist asks poll observers to ensure that tamper proof materials have secured voting machines, memory cards and flash drives; note the serial numbers of all voting machines; verify that all machines and paper audit trail printers operated properly; and check if the machines had visible internet connectivity. Nevada election officials have maintained that none of the state’s voting machines are connected to the internet, although online connectivity is among the many conspiracy theories pushed by Republicans in 2020.

Critics are concerned that poll watchers, who do not have to be trained, may not be qualified to actually check whether certain guidelines are being met.

“It leaves open to interpretation of, like, what is considered visible internet connectivity?” Ramic said. “Some people are convinced that if there's any type of flash drive around, if there's any kind of wiring around, then it’s automatically connected to the internet.”

The state has a process to ensure voting machines operate properly. 

Before a machine is allowed to be used in an election, officials appointed by the county or city clerk conduct testing that examines the system to ensure that it delivers the correct product, and any aspect with an error must be thoroughly investigated and pass testing to be accepted.

Once a machine has been tested, it is brought into a “trusted” environment with limited access, logs auditing who accessed the machine and security seals to ensure the machine has not been tampered with. Additionally, before each election, the software on the machine must be examined to ensure it matches the approved software, and tests take place that ensure the machines accurately allow all candidates and questions to be voted on. Any error must be immediately reported to the Nevada secretary of state.

In every step of the election process, the equipment is also routinely checked to ensure that nobody has gained unauthorized access, including examining security seals and randomly auditing whether the number of people who checked in to vote equals the number of ballots cast.

Swartz from Battle Born Progress called these steps “robust safeguards.”

“They are laying the groundwork to claim falsely that the voting machines are not reporting their votes accurately, which we know is untrue and an unsafe claim,” Swartz said. “I think it's very obvious, based off of that checklist, that that is the play that they're going to be making.”