N.R.S. 293.400 - Determination of winner if tie vote; recounts
Overview of Statute
This section provides for the determination of a winner in the case of a tie.
Statute
1. If, after the completion of the canvass of the returns of any election, two or more persons receive an equal number of votes, which is sufficient for the election of one or more but fewer than all of them to the office, the person or persons elected must be determined as follows:
(a) In a general election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the Legislature shall, by joint vote of both houses, elect one of those persons to fill the office.
(b) In a primary election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the Secretary of State shall summon the candidates who have received the tie votes to appear before the Secretary of State at a time and place designated by the Secretary of State and the Secretary of State shall determine the tie by lot. If the tie vote is for the office of Secretary of State, the Governor shall perform these duties.
(c) In a primary election for any partisan office of or general election for any partisan or nonpartisan office of a county, township, incorporated city, city organized under a special charter where the charter is silent as to determination of a tie vote in such an election, or district which is wholly located within one county, the county clerk shall summon the candidates who have received the tie votes to appear before the county clerk at a time and place designated by the county clerk and determine the tie by lot. If the tie vote is for the office of county clerk, the board of county commissioners shall perform these duties.
(d) In a primary election for any nonpartisan office of a county, township, incorporated city, city organized under a special charter where the charter is silent as to determination of a tie vote in such an election, or district which is wholly located within one county:
(1) If the candidates who received the tie votes received the highest number of votes at the primary election, all of those candidates must be declared nominees for the office and placed on the ballot for the general election.
(2) If the candidates who received the tie votes did not receive the highest number of votes but received the next highest number of votes, the candidate who received the highest number of votes at the primary election and the candidates who received the tie votes at the primary election must be declared the nominees for the office and placed on the ballot for the general election unless:
(I) The candidate who received the highest number of votes at the primary election received a majority of the votes cast in the primary election; and
(II) The provisions of NRS 293.260 or 293C.175 or any other law or special charter require such a candidate to be declared elected to the office at the primary election.
2. The summons mentioned in this section must be mailed to the address of the candidate as it appears upon the candidate’s declaration of candidacy at least 5 days before the day fixed for the determination of the tie vote and must contain the time and place where the determination will take place.
3. The right to a recount extends to all candidates in case of a tie.
(Added to NRS by 1960, 263; A 1965, 614; 1981, 1740; 1987, 1371; 1995, 2628; 2019, c.546.)
1. Definition for County clerk
Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.
See Nev. Rev. Stat. § 293.044.
2. Definition for State officer
State officer means:
1. The Governor;
2. The Lieutenant Governor;
3. The Secretary of State;
4. The State Treasurer;
5. The State Controller;
6. The Attorney General;
7. A justice of the Supreme Court;
8. A judge of the Court of Appeals;
9. A State Senator;
10. A State Assemblyman or Assemblywoman;
11. A regent of the University of Nevada;
12. A member of the State Board of Education; or
13. A district judge.
3. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
4. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
5. Definition for Nonpartisan office
An elected office for which a political party may not nominate a candidate.
See Nev. Rev. Stat. § 293.0675.
6. Definition for Mail
The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.
See Nev. Rev. Stat. § 293.065.
7. Definition for Clerk
The election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, district or polling place in which such officer is appointed.
See Nev. Rev. Stat. § 293.040.
8. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
See Nev. Rev. Stat. § 293D.080.
9. Definition for Board
As used in NRS 295.075 to 295.125, inclusive, unless the context otherwise requires, “board” means the board of county commissioners.
See Nev. Rev. Stat. § 295.075.
10. Definition for Ballot
The record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which the voter places his or her vote and any electronic storage tapes.
See Nev. Rev. Stat. § 293.025.
11. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
12. Definition for Canvass
A review of the election results by the board of county commissioners or the mayor and city council or the justices of the Supreme Court, by which any errors within the election results are officially noted and the official election results are declared.
See Nev. Rev. Stat. § 293.032.
13. Definition for Candidate
Any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
3. Whose name appears on an official ballot at any election; or
4. Who has received one or more contributions in excess of $100, regardless of whether:
(a) The person has filed a declaration of candidacy or an acceptance of candidacy; or
(b) The name of the person appears on an official ballot at any election.
See Nev. Rev. Stat. § 294A.005.
Regulations & Guidance
Attorney General's Opinions
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AGO 333 (1966) Under NRS 293.400, the legislature, by a joint vote of both houses, is required to determine the winner where the election of the director of a multi-county irrigation district resulted in a tie vote.