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Nevada > Statutes > Ties, Recounts and Contests

N.R.S. 293.403 - Recount of vote: Demand; advance deposit of costs

Overview of Statute

This section provides for the recount of votes.

Statute

1. A candidate defeated at any election may demand and receive a recount of the vote for the office for which he or she is a candidate to determine the number of votes received for the candidate and the number of votes received for the person who won the election if, within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes, the candidate who demands the recount:

(a) Files in writing a demand with the officer with whom the candidate filed his or her declaration of candidacy; and

(b) Deposits in advance the estimated costs of the recount with that officer.

2. Any voter at an election may demand and receive a recount of the vote for a ballot question if, within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes, the voter:

(a) Files in writing a demand with:

(1) The Secretary of State, if the demand is for a recount of a ballot question affecting more than one county; or

(2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and

(b) Deposits in advance the estimated costs of the recount with the person to whom the demand was made.

3. The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the Secretary of State defining the term “costs.”

4. As used in this section, “canvass” means:

(a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.

(b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

(c) In any general election:

(1) The canvass by the Supreme Court of the returns for a candidate for a statewide office or a statewide ballot question; or

(2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).

(d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      (Added to NRS by 1960, 263; A 1965, 1255; 1975, 940; 1977, 237; 1981, 1700; 1983, 1288; 1987, 350; 1989, 1591, 2167; 1991, 1107; 1995, 2628; 1997, 3465; 2001, 2031; 2019, c.546.)

Definition [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.

Definition [General election]

The election held pursuant to NRS 293.12755.

See Nev. Rev. Stat. § 293.060.

Definition [Primary election]

The election held pursuant to NRS 293.175.

See Nev. Rev. Stat. §  293.080.

Definition [Abstract of votes]

A compilation of votes cast for a particular candidate by office and precinct.

See Nev. Rev. Stat. § 293.016.

Definition [General city election]

An election held pursuant to NRS 293C.115293C.140 or 293C.145. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.

See Nev. Rev. Stat. § 293.059.

Definition [Primary city election]

An election held pursuant to NRS 293C.115 or 293C.175. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.

See Nev. Rev. Stat. §  293.079.

Definition [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.

Definition [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.

Definition [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.

Definition [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.

Definition [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.

Definition [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.

Definition [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

Administrative Regulations

  • Costs of recounts, NAC 293.375.

  • Manner of conducting canvass, NAC 293.365.

  • Withdrawal of demand, NAC 293.371.