Recount laws in Nevada
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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Nevada.[1]
- Does state law require automatic recounts?
- No.
- When must an automatic recount be completed?
- There are no automatic recounts in this state.
- Can a recount be requested?
- Yes, the recount can be requested within three working days of the county or statewide canvass. The deadline for completion is within 10 days of the request. No margin is required.
- Who pays for a requested recount?
- The requester.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if the recount changes the election outcome in his or her favor. If the outcome does not change, the requester may receive a refund if the amount paid was greater than the cost of the recount.
- Can a partial recount be requested?
- No.
Nevada recount procedures
Automatic recount procedures
Nevada does not require automatic recounts.
Requested recount procedures
Nevada allows any candidate defeated at any election to request a recount. Any voter may request a recount of the vote for a ballot measure. The deadline to request a recount is no later than three business days after the canvass of the vote. Each recount must begin within five days after the request and must be completed no later than five days after its start. The requester is responsible for costs associated with the recount unless the recount changes the election outcome in his or her favor, in which case the requester is refunded any costs paid. If the recount does not change the election outcome, the requester may receive a refund if the costs paid were greater than the cost of the recount.[2]
For more information about recount procedures in Nevada, click here.
Nevada voting equipment
- See also: Voting methods and equipment by state
Nevada uses Direct Recording Electronic (DRE) systems for its elections and requires a voter-verified paper audit trail (VVPAT) when conducting elections. According to Verfied Voting:
“ | A direct recording electronic (DRE) voting system is a vote-capture device that allows for the electronic presentation of a ballot, electronic selection of valid contest options, and the electronic storage of voter selections as individual records. DREs use one of three user interfaces—pushbutton, touchscreen, or dial—to allow voters to record their selections directly into computer memory. Some DREs can be equipped with Voter Verified Paper Audit Trail (VVPAT) printers that allow the voter to confirm their selections on an independent paper record before recording their votes into computer memory. This paper record is preserved and, depending on state election codes, counted in the event of a post-election audit or recount.[3][4][5] | ” |
Noteworthy events
Presidential election, 2016
- See also: Presidential election in Nevada, 2016
Partly in response to Jill Stein's (G) requested presidential election recount in Wisconsin, Rocky De La Fuente (Reform) requested a partial recount of Nevada's presidential election results in Clark, Douglas, Mineral, and Nye counties and Carson City on Nov. 29.[6][7] The recount began on Dec. 5 and finished on Dec. 8.[8][9] As a result, Clinton lost nine votes and Trump lost six, subtracting three votes from Clinton's margin of victory.[10]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
As of July 2024, state law in 48 states included a recount provision, automatic recounts are possible in 27 states, and requested recounts are possible in 43 states.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
As of July 2024, the requester of a recount pays for the recount in 23 states, the state pays in six states, and in 12 states it depends on the circumstances of the election or the recount. In 27 states a refund may be available for a requested recount, in 12 states a refund depends on the circumstances of the recount, and in four states no refund is available. Requested recounts are not possible in the remaining seven states. In 28 states a partial recount may be requested.
Who pays for requested recounts? | |||||||
---|---|---|---|---|---|---|---|
State[13] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation | |||
Alabama | Requester | Yes | Yes | 16-20,21 | |||
Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 | |||
Arizona | No requested recounts | N/A | No | 16-661,249 | |||
Arkansas | Requester | Yes | No | 7-5-319 | |||
California | Requester | Yes | Yes | 15620-15634 | |||
Colorado | Requester | Yes | No | 10.5-101-109 | |||
Connecticut | No requested recounts | N/A | No | 9-445,6-311a | |||
Delaware | State | N/A | Yes | 5702(C,E) | |||
District of Columbia | Requester | Yes | Yes | 1-1001.11(a) | |||
Florida | No requested recounts | N/A | No | 102.141,166 | |||
Georgia | State | N/A | Yes | 21-2-495,499 | |||
Hawaii | No requested recounts | N/A | No | 11-158 | |||
Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 | |||
Illinois | Requester | Maybe[14] | Yes | 5/22-9.1, 18 | |||
Indiana | Requester | Yes | Yes | 3-12-11-1-10 | |||
Iowa | State/Requester Depends on margin |
Yes | Yes | 43.56 & 50.48 | |||
Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 | |||
Kentucky | Requester | No | Yes | 120.017,095,185,250,280 | |||
Louisiana | Requester | Yes | Yes | 18-1451 & 1453 | |||
Maine | State/Requester Depends on margin |
Yes | No | 737-A | |||
Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 | |||
Massachusetts | State | N/A | Yes | 54:135,A,B | |||
Michigan | Requester | Yes | Yes | 168.879-894 | |||
Minnesota | State/Requester Depends on margin |
N/A | Yes | 204C.35-361 | |||
Mississippi | No requested recounts | N/A | No | N/A | |||
Missouri | Requester | Maybe[15] | No | 115.601 | |||
Montana | State/Requester Depends on margin |
Maybe[16] | No | 13-16-201-11 | |||
Nebraska | Requester | Yes | Yes | 32-1119,1121 | |||
Nevada | Requester | Yes | No | 293.403-405 | |||
New Hampshire | State/Requester Depends on election type[17] |
Varies[18] | No | 660:1-16 | |||
New Jersey | Requester | Yes | Yes | 19:28-1,2,3 | |||
New Mexico | Requester | Yes | Yes | 1-14-14 to 25 | |||
New York | Unclear[19] | No | No | 9-208 | |||
North Carolina | State | N/A | No | 163-182.7,182.7A | |||
North Dakota | Requester | No | No | 16.1-16-01 | |||
Ohio | Requester | Yes | Yes | 3515.01-072 | |||
Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 | |||
Oregon | Requester | Yes | Yes | 258.006-300 | |||
Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 | |||
Rhode Island | Unclear[20] | No | No | 17-19-37.1 | |||
South Carolina | No requested recounts | N/A | No | 7-17-280 | |||
South Dakota | State | N/A | Yes | 12-21-1 to 37 | |||
Tennessee | No requested recounts | N/A | No | 2-17,18 | |||
Texas | Requester | Yes | Yes | 211 to 216 | |||
Utah | State/Requester Depends on requester[21] |
N/A | No | 20A-4-401 | |||
Vermont | State | N/A | No | 17-51-2601,2602 | |||
Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 | |||
Washington | Requester | Yes | Yes | 29A.64 | |||
West Virginia | Requester | Yes | Yes | 3-6-9 | |||
Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01 & 5.90 | |||
Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during (or carried over to) Nevada's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in Nevada
- Nevada
- Voting methods and equipment by state
Footnotes
- ↑ Nevada State Legislature, "293.403-405," accessed April 11, 2024
- ↑ Nevada State Legislature, "293.403-405," accessed April 11, 2024
- ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 10, 2024
- ↑ ProCon.org, "Are Electronic Voting Machines the Best Method for Voting? " accessed April 10, 2024
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Las Vegas Sun, "Independent presidential candidate requests recount in Nevada," Nov. 29, 2016
- ↑ The Washington Post, "The Latest: 5 Nevada counties to recount presidential race," Nov. 30, 2016
- ↑ KTNV, "Clark County begins recount after candidate's request," Dec. 5, 2016
- ↑ Pahrump Valley Times, "No changes for De La Fuente in election recount," Dec. 14, 2016
- ↑ KVVU, "Nevada ballot recount changes just 15 Trump, Clinton votes," Dec. 8, 2016
- ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed March 19, 2024
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
- ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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