Nevada Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

DREs with VVPAT For more details, visit Verified Voting.

Counting Method: 

Required hand count of a sample of ballots in addition to other counting methods Mix of recount and retabulation A sample of ballots must be counted both by hand and by machine. The sample is “5 percent of the precincts, but in no case fewer than three precincts,” to be chosen by the recount initiator. If a discrepancy “equal to or greater than 1 percent or five votes, whichever is greater,” is found, a recount of all ballots (not just the 5%) must be conducted by hand. If there is no discrepancy, the ballots are to be retabulated by machine. See the Nevada Revised Statutes, Title 24, Chapter 293, “Elections,” Section 293.404, “Employment and duties of recount board; persons present; count of ballots; recounts affecting more than one county”: http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec404. The Nevada Revised Statutes also contain language instructing those jurisdictions not using mechanical voting systems (defined as “a device which mechanically or electronically compiles” vote totals) to conduct all recounts by hand. However, no remaining counties in Nevada use only hand-counted paper ballots; all counties use direct-recording electronic machines (DREs) with a voter-verified paper audit trails (VVPAT). A VVPAT is considered a ballot under Nevada law. See Section 293.025, “'Ballot' defined”: http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec025.

Initiating Mechanism: 

Candidate-initiated Voter-initiated

Candidate-Initiated Options: 

Contested election Specific ballot category 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. Such recounts are not limited to requested precincts but conducted for all of the precincts in which votes were cast for the respective office. 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. Candidates may, however, specify in their request that only ballots cast by mail should be recounted. See NAC 293.355, “ Demand for recount limited to ballots cast by mail”: http://www.leg.state.nv.us/nac/NAC-293.html#NAC293Sec355. Nevada law also clearly provides for recounts during election contests initiated by candidates. See NRS 293.423, “Recount of ballots at hearing of contest”: http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec423. Timing: Recount requests must be made within three working days after the certification of the votes. See Section 293.403,  “Recount of vote: Demand; advance deposit of costs”: http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec403 Each recount must begin within five days after the request is filed, and be completed within five days after it is begun. See Section 293.405,  “Costs of recount; commencement and completion of recount; limitation on additional recount,” Subsection (3): http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec405

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. See Section 293.403, Subsection (2). Timing: Recount requests must be made within three working days after the certification of the votes. As with candidate-initiated recounts, recounting must begin within five days after the request is filed, and be completed within five days after it is begun. See Section 293.405, Subsection (3).

Cost for Candidate-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount 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. See Section 293.403, Subsection (3). 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 are required to pay the difference. See Section 293.405.

Cost for Voter-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount 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. See Section 293.403, Subsection (3). These costs are outlined in NAC 293.375, "Determination and allocation of cost," http://www.leg.state.nv.us/nac/NAC-293.html#NAC293Sec375. 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 are required to pay the difference. See Section 293.405.

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Members of the public are allowed to watch the counting of ballots at any central counting place. See Section 293B.353, “Clerk to allow members of general public to observe counting of ballots at central counting place”: http://www.leg.state.nv.us/NRS/NRS-293B.html#NRS293BSec353. The law also states that “Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative.” These representatives, however, do not have the ability to challenge ballots. See Section 293.404, Subsection (2).

Rules for Determining Voter Intent: 

Statutory guidance provided Guidelines for counting votes and determining intent can be found in Section 293.3677, “Standards for counting votes; regulations”: http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec3677. Guidelines for when to reject a ballot for “an alleged defect or illegality” can be found in Section 293.367, “Rejection of ballot; regulations for counting ballots”: http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec367.

Audit Laws: 

State has audit laws See: http://www.ceimn.org/state-audit-legislation-reference-guide/nevada.

Additional Resources: 
Nevada Revised Statutes - Title 24 - Elections
Nevada Secretary of State
Nevada Audit Info from CEI
State of Nevada 2008 Recount and Contest Guide