Statutorily, a canvass is defined as “a review of the election results by the board of county commissioners or the mayor and city council” for the county canvass “or the justices of the Supreme Court,” for the state canvass “by which any errors within the election results are officially noted and the official election results are declared.” Nev. Rev. Stat. § 293.032. However, in practice, the canvass includes involvement from other elected officials. For example, for the state canvass, the Secretary of State is involved; whereas for the county canvass, the County Clerk or Registrar of Voters presents the results to the Board of County Commissioners for review. See below. Once the results of the canvass are officially declared, a certificate of election is issued to the winning candidate “as official recognition of the person’s election to office.” Nev. Rev. Stat. § 293.034.
Nevada’s code does not define the term “certification” in general. However, statute and guidance do outline the steps involved. At the county level, it takes place when the Board of County Commissioners accepts the canvass. “Special Session,” at 12. At the state level, it is undertaken by the Secretary of State after the canvass. Nev. Rev. Stat. § 293.032.
The Board of County Commissioners receives the tabulation results from across the county. See Tabulation. As soon as they receive all tabulation results, they must begin the canvass process. Nev. Rev. Stat. § 293.387(1). They must complete the canvass no later than 10 days after the election. Nev. Rev. Stat. § 293.387(1). The duty of canvassing is ministerial and the Board of County Commissioners does not have the option to not canvass. “Special Session” at 2.
In practice, the canvass is an agenda item at a meeting or special meeting of the Board of County Commissioners. See, e.g. “Notice of Meeting” at 2. The County Clerk or Registrar of Voters presents the results of the tabulation and discusses issues that arose during the election. See, e.g., “Special Session” at 2. These results take the form of an abstract which is required to have specific information. Nev. Rev. Stat. § 293.393(2). The abstract is entered into the minutes of the Board of County Commissioners. Nev. Rev. Stat. § 293.387(3). They then discuss potential areas of concern. They are supposed to note any clerical errors at this point and adjust the count accordingly to ensure an accurate count. Nev. Rev. Stat. § 293.387(2). On a motion of one of the board members, they then formally vote to accept the canvass. “Special Session” at 12.
In voting to accept the canvass, the Board of County Commissioners certifies the election result and instructs the County Clerk to submit a copy of the official abstract to the Secretary of State. “Special Session” at 12. The abstract must be sent to the Secretary of State no later than 10 days ****after the election. Nev. Rev. Stat. § 293.387(3). By March 1 in each general election year, the Secretary of State will inform the counties about the format and details required in the abstract. Nev. Admin. Code § 293.359.
Local results are then considered official and are published by the County Clerk. “Canvassing the vote in Nevada;” “Candidates Elected in Clark.”
In 2020, when Clark County chose not to certify a local race where the discrepancies outweighed the margin between the candidates, the county’s legal counsel “advised that if the election was not certified today, a special election would have to be held.” “Clark County Special Meeting” at 4. When Clark County decided not to pursue a special election, the District Court ruled that the County could not be enjoined from certifying the election. “Clark County Certifies.”
For all “district, county, and township offices” the County Clerk prepares a certificate of election for the winners. Nev. Rev. Stat. § 293.393(3). The certificates are given to the winning candidates when those candidates arrive at the County Clerk’s office. Nev. Rev. Stat. § 293.393(4). Winning candidates go to the County Clerk’s office to take their oath of office and are given a signed copy of that oath. *Interview with Washoe Registrar Staff (Apr. 29 2024).*
Once all of the counties have completed their canvasses, the Secretary of State reviews the data submitted by the counties to its office to ensure it matches what has previously been published online by the Secretary of State. “Canvassing the vote in Nevada.” The Secretary of State then compiles all the data from the counties involving statewide, federal, and multicounty races and ballot questions. “Canvassing the vote in Nevada.”
On the fourth Tuesday of November after the general election, the Secretary of State, along with a majority of justices of the State Supreme Court, opens, reviews, and confirms the returns from the counties for statewide, federal, and multicounty races. Nev. Rev. Stat. § 293.395(2). The role of the Secretary of State in this process is “ministerial.” “Statement.”
The Secretary of State compiles an official abstract that is signed and certified by the Secretary of State. The abstract also contains the signatures of the Supreme Court Justices who made up the State Board of Canvassers. “2022 Abstract.”
Both the Supreme Court and the Governor appear to play a role in certification in Nevada. Formally, it is the Governor who is responsible for certifying or “declaring the election” and issuing certificates. Nev. Rev. Stat. § 293.395(3); “Statement.” However, also by statutory definition, “official election results are declared” during the canvass. Nev. Rev. Stat. § 293.032. The statute also provides that “a certificate of election or commission must not be withheld from the person having the highest number of votes for the office … if it can be ascertained with reasonable certainty from the returns what office is intended and who is entitled to the certificate or commission.” Nev. Rev. Stat. § 293.397. This implies that there are limits on the Governor’s discretion to not certify an election after the Supreme Court has signed the abstract during the state canvass.