NevadaRecount Laws

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State Summary

Nevada statute does not provide for automatic recounts. A recount can be requested within three business days of the official canvass by candidates or voters. The deadline of completion is within 10 days of the request. There is no close vote margin required to request a recount. Recounts in Nevada are conducted by a mix of retabulation and electronic review.

Counting Method

Mix of retabulation and electronic review

“The recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether all ballots are marked as required by law. All ballots must be recounted in the same manner in which the ballots were originally tabulated.” Nev. Rev. Stat. § 293.404(3).

Initiating Mechanisms

Candidate-initiated
Voter-initiated

Close Vote Margin Options

Nevada statute does not provide for guidance on conducting recounts when there is a close vote margin.

Candidate-Initiated Options

Any apparently defeated candidate in any election may apply for a recount. The request is filed with the election official with whom they filed their declaration of candidacy. Nev. Rev. Stat. § 293.403(1). A recount for a given office can only be conducted once each election; the requesting candidate, or another apparently defeated candidate, cannot request that they be recounted again. Nev. Rev. Stat. § 293.405(4). Nevada law also provides for recounts during election contests initiated by candidates. Nev. Rev. Stat. § 293.423.

Timing: Nev. Rev. Stat. §§ 293.403(1) & 293.405(3).

Voter-Initiated Options

Voters may request recounts for initiatives/questions

Any individual voter may file for a recount on any ballot question in any election. Nev. Rev. Stat. § 293.403(2).

Timing: See Nev. Rev. Stat. § 293.403(2) & 293.405(3).

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

The Secretary of State sets the rules for calculating the costs, but the actual estimate is made by the election official receiving the recount application from the candidate. Nev. Rev. Stat. § 293.403(3). These costs are outlined in Nev. Admin. Code § 293.375. If the party requesting the recount is determined to be the actual winner of the election, their deposit is refunded. If not, and the total cost of the recount is greater than their initial deposit, they may be required to pay the difference. Nev. Rev. Stat. § 293.405.

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

The Secretary of State sets the rules for calculating the costs, but the actual estimate is made by the election official receiving the recount application from either a voter or candidate. Nev. Rev. Stat. § 293.403(3). These costs are outlined in Nev. Admin. Code § 293.375.. If the party requesting the recount is determined to be the actual winner of the election, their deposit is refunded. If not, and the total cost of the recount is greater than their initial deposit, they may be required to pay the difference. Nev. Rev. Stat. § 293.405.

Challengers and Observers

Party/candidate/initiator may appoint observers; no guidance on challengers; recount is public

"The county or city clerk shall allow members of the general public [including candidates and their representatives] to observe the counting of the ballots.." However, they may not challenge ballots or interfere in any way with how ballots are counted. Nev. Rev. Stat. § 293B.353. See also the Recount and Contest Guide, p.7.

A County Clerk/Registrar of Voters may request the Secretary of State to designate a representative to observe the recount. Nev. Admin. Code § 293.371.

Rules for Determining Voter Intent

Statutory guidance provided
Guidelines for counting votes and determining intent can be found in Nev. Rev. Stat. § 293.3677. Guidelines for when to reject a ballot for “an alleged defect or illegality” can be found in Nev. Rev. Stat. § 293.367.

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