Recount laws in Nebraska

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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.


Note: The content below describes recount procedures in Nebraska. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Nebraska.[1]

  • Does state law require automatic recounts?
    • Yes, when the margin separating the winning candidate from the second-place finisher is less than or equal to 1% of the votes received by the winning candidate in races with more than 500 votes cast. The margin is 2% in races with fewer than 501 votes cast. Election officials may also be required to conduct a recount if an error is discovered during canvassing.
  • When must an automatic recount be completed?
    • The recount shall be made on the fifth Wednesday after election day.
  • Can a recount be requested?
    • Yes, any defeated candidate can request a recount within ten days after the canvass. For general election state legislative elections, the deadline to request is the fourth Monday after the election. The deadline for completion is the fifth Wednesday after the election. 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.
  • Can a partial recount be requested?
    • Yes.

Nebraska recount procedures

Automatic recount procedures

Nebraska requires an automatic recount under the following circumstances:[2]

  • For candidates in elections in which more than 500 votes are cast: A recount is triggered if the margin of victory separating the winning candidate from the second-place finisher is less than or equal to 1% of all votes received by the winning candidate.
  • For candidates in elections in which fewer than 501 votes are cast: A recount is triggered if the margin of victory separating the winning candidate from the second-place finisher is less than or equal to 2% of all votes received by the winning candidate.

Recounts for elections filed with the secretary of state shall be made on the fifth Wednesday after the election.[2]

Additionally, election officials may need to conduct a recount under the following circumstances:[3]

“ If in the process of canvassing the votes for any candidate or measure in any precinct the election commissioner or county clerk or the canvassing board determines that there is an obvious error in the certification of the votes, the error shall be corrected. The county canvassing board may open the ballots-cast container and recount the ballots for any candidate or any measure which appears to be in error.[4] ”
—Nebraska Revised Statute 32-1031

Requested recount procedures

Any candidate defeated by a margin greater than what would have triggered an automatic recount may request a recount. The deadline to request a recount is no later than the tenth day after the canvass.[5] For general election state legislative candidates, the deadline to request a recount is no later than the fourth Monday after the election.[6] The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case any costs paid are refunded.[5][6]

For more information about recount procedures in Nebraska, click here.

Nebraska voting equipment

See also: Voting methods and equipment by state

Nebraska uses paper ballot systems for its elections.[7][8]

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.


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.


See also

Footnotes

  1. ↑ Nebraska State Legislature, "32-1119,1121," accessed October 16, 2020
  2. ↑ 2.0 2.1 Nebraska State Legislature, "32-1119," accessed Oct. 20, 2020
  3. ↑ Nebraska State Legislature, "32-1031," accessed Oct. 20, 2020
  4. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ 5.0 5.1 Nebraska State Legislature, "32-1121," accessed Oct. 20, 2020
  6. ↑ 6.0 6.1 Nebraska State Legislature, "32-1118," accessed Oct. 20, 2020
  7. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  8. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  9. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  10. ↑ A court may order a recount under Arizona law.
  11. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  12. ↑ 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.
  13. ↑ 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.
  14. ↑ 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.
  15. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  16. ↑ 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.
  17. ↑ No mention in state law.
  18. ↑ No mention in state law.
  19. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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