State Summary

Nebraska statute requires an automatic recount when the margin of victory separating the top two vote-receiving candidates is less than or equal to 1% of the votes received by the winning candidate in races with more than 500 votes cast. The margin is 2% when fewer than 501 votes have been cast. Automatic recounts are conducted on the fifth Wednesday after election day. Recounts can be requested by any defeated candidate within 10 days after the official canvass. A recount for a general election or state legislative election must be requested by the fourth Monday after the election. There is no close vote margin required in order to request a recount. The deadline for a recount is the fifth day after the election. Election officials may conduct a recount if an error is discovered during the canvass. Recounts in Nebraska are conducted by retabulation.

Counting Method

Retabulation only

Retabulation

Nebraska requires that recounts be conducted using the same procedures “as those used for the counting of ballots on election day,” and that where vote counting devices (optical scanners) were used on election day, the counting may take place where the voting devices are stored. Neb. Rev Stat. §§ 32-1119(6) & 32-1121 All counties in Nebraska currently use optical scan voting equipment, and consequently, ballots are retabulated by machine.

Initiating Mechanisms

Close vote margin
Candidate-initiated
Election official-initiated

Election official initiated
Close vote margin
Candidate-initiated
Election Official Initiated

“If in the process of canvassing the votes for any candidate or measure in any precinct the election commissioner or county clerk or the canvassing board determines that there is an obvious error in the certification of the votes, the error shall be corrected. The county canvassing board may open the ballots-cast container and recount the ballots for any candidate or any measure which appears to be in error.” Neb. Rev. Stat. § 32-1031(1).

Close Vote Margin Options

Varies by number of votes cast
Initiated automatically

Close Vote Margin Options
Varies by number of votes cast
Initiated automatically

A close-vote margin may initiate an automatic, taxpayer-funded recount for both primary and general elections. There are two different close vote margin requirements for candidates. For any candidate that fails to be nominated or elected in elections in which more than five hundred votes are cast, the margin is “one percent or less of the votes received by the candidate who received the highest number of votes for the office.” For elections in which five hundred or fewer votes are cast, the margin is “two percent or less of the votes received by the candidate who received the highest number of votes.” Recounts take place automatically unless the losing candidate waives his or her right to have the recount conducted. Neb. Rev. Stat.§ 32-1119(1). There are no automatic recounts for ballot questions.

Additionally, Nebraska has specific provisions should a recount (either automatic or candidate-initiated) end in a tie. For most offices, the winner is chosen by lot. Neb. Rev. Stat. § 32-1122. However, for Governor and other offices in executive departments, the Legislature chooses the winner in a tie. Neb. Rev. Stat. § 32-1122(4).

Timing: Neb. Rev. Stat.§ 32-1119(3) & (4).

Candidate-Initiated Options

Any apparently defeated candidate may petition for a recount in a primary or general election in which the margin of victory exceeds the margin that would result in an automatic recount on close vote. Neb. Rev. Stat. §§ 32-1118 & 32-1121.

Timing: For candidates for the Legislature, see Neb. Rev. Stat. § 32-1118(1) & (4). For all other candidates, see Neb. Rev. Stat. § 32-1121.

Voter-Initiated Options

Nebraska statute does not allow for a voter-initiated recount.

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount

The Election Commissioner or County Clerk determines an estimate of the recount costs, and in the case of recounts to be conducted in more than one county, certifies the estimated cost to the Secretary of State. The petitioning candidate must pay the costs before the recount is scheduled to begin. If after the recount, the petitioner is determined to be the winner of the election, all costs paid will be refunded. Neb. Rev. Stat. § 32-1121.

In the case of recounts for Legislative office, the recount petition is required to be “accompanied by a corporate surety bond in the penal sum of two thousand five hundred dollars conditioned for the payment of costs ...." If it becomes apparent during the recount that the initial bond is inadequate to cover the costs, the Secretary of State may order an increase in the amount of the bond. If the recount changes the outcome of the election, the bond is refunded. Neb. Rev. Stat. § 32-1118(1).

Cost for Voter-Initiated Recounts

Nebraska statute does not allow for a voter-initiated recount.

Challengers and Observers

Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers

In the case of automatic recounts on a close vote and most candidate initiated recounts, candidates whose ballots will be recounted may be present or be represented by an agent appointed by the candidate. Neb. Rev. Stat.§ 32-1119(5). The statute governing Legislative recounts is silent on the subject of who may be present for the recount. Neb. Rev. Stat. § 32-1118.

Although the statutes do not require that the public be allowed to observe recounts, according to the Office of the Nebraska Secretary of State, local election officials may, at their discretion, allow public observers and set limitations on their proximity to the ballots.

Rules for Determining Voter Intent

Statutory guidance provided

The following statutes briefly define what constitutes a valid vote: Neb. Rev. Stat. § 32-901, pertaining to authorized methods for marking a ballot; and Neb. Rev. Stat. §§ 32-1003 & 32-1004, pertaining to the processing of ballots containing undervotes and overvotes.

In addition, “[a]ny issue as to the legality of a vote shall be resolved unanimously by the [ballot counting] resolution board. If a unanimous decision cannot be obtained, the ballot shall be rejected as to the vote in question.” Neb. Rev. Stat. § 32-1015.

Resources

Nebraska Revised Statutes - Chapter 32 - Elections
Nebraska Secretary of State