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.


Note: The content below describes recount procedures in Nevada. 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 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. The state requires a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[3][4]

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.[5][6] The recount began on Dec. 5 and finished on Dec. 8.[7][8] As a result, Clinton lost nine votes and Trump lost six, subtracting three votes from Clinton's margin of victory.[9]

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. ↑ Nevada State Legislature, "293.403-405," accessed October 16, 2020
  2. ↑ Nevada State Legislature, "293.403-405," accessed Oct. 20, 2020
  3. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  4. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  5. ↑ Las Vegas Sun, "Independent presidential candidate requests recount in Nevada," Nov. 29, 2016
  6. ↑ The Washington Post, "The Latest: 5 Nevada counties to recount presidential race," Nov. 30, 2016
  7. ↑ KTNV, "Clark County begins recount after candidate's request," Dec. 5, 2016
  8. ↑ Pahrump Valley Times, "No changes for De La Fuente in election recount," Dec. 14, 2016
  9. ↑ KVVU, "Nevada ballot recount changes just 15 Trump, Clinton votes," Dec. 8, 2016
  10. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  11. ↑ A court may order a recount under Arizona law.
  12. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  13. ↑ 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.
  14. ↑ 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.
  15. ↑ 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.
  16. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  17. ↑ 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.
  18. ↑ No mention in state law.
  19. ↑ No mention in state law.
  20. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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