Nevada Recount Laws

This information was updated in November 2nd 2018 using the Nevada Revised Statutes(NRS) and the Nevada Administrative Code (NAC).

Voting System Used: 

DREs with VVPAT (polling place voting equipment)

For more details, visit Verified Voting.

Counting Method : 

Mix of retabulation and electronic review

The ballots will be recounted “ in the same manner in which the ballots were originally tabulated.” NRS § 293.404(3).

Initiating Mechanisms: 

Candidate-initiated
Voter-initiated

Candidate-Initiated Options : 

Candidate determines how many/what precincts to recount
Contested election 

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.  NRS § 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. Nevada law also  provides for recounts during election contests initiated by candidates.  NRS § 293.423. 

Timing: See NRS § 293.403(1) and NRS § 293.405(3).

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions
Voters determine how many/which precincts to be recounted

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

Timing: See NRS § 394.405(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. NRS  293.403(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.  NRS § 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. NRS § 293.403(3). These costs are outlined in NAC § 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 are required to pay the difference. NRS § 293.405.

Challengers and Observers : 

Statuts specify that recount must be public
Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers 

"The county or city clerk shall allow members of the general public to observe the counting of the ballots.." NRS § 293B.353

A County Clerk/Registrar of Voters may request the Secretary of State or his designated representative to observe the recount NAC § 293.371.

Rules for Determining Voter Intent: 

Statutory guidance provided 

Guidelines for counting votes and determining intent can be found in NRS § 293.3677.  Guidelines for when to reject a ballot for “an alleged defect or illegality” can be found in NRS § 293.367.

State Has Audit Laws: 
Yes