Overview

Any election in the state of Nevada can be contested except for elections for the U.S. Senate or House of Representatives. Nev. Rev. Stat. § 293.407(1). Contests can only be brought under specific grounds, noted below, but can be brought by any candidate or registered voter in the jurisdiction where the contested election took place. Nev. Rev. Stat. § 293.407(1). Contests for local offices and Presidential Electors are heard by the District Court. Nev. Rev. Stat. § 293.407(2). Contests for statewide offices are heard by either one or both houses of the state legislature. Nev. Rev. Stat. §§ 293.427(4), 293.433(1).

Standing and Grounds

Any candidate, or registered voter in the relevant jurisdiction or “appropriate political subdivision” can initiate an election contest. Nev. Rev. Stat. § 293.407(1). An election can be contested on any of the following grounds:

  1. The Election Board, or a member of the Election Board, is “guilty of malfeasance”;
  2. A claim that the apparent winner is ineligible for the office;
  3. There were illegal votes counted, legal votes weren’t counted, or both happened in a significant enough quantity to change the election outcome or cast “reasonable doubt” on it;
  4. During the election, including canvass, the Election Board made an error large enough to have changed the outcome;
  5. The defendant or someone working to their benefit tried to bribe someone to influence the election outcome;
  6. “That there was a malfunction of any voting device or electronic tabulator, counting device or computer sufficient to raise reasonable doubt to the outcome of the election.” Nev. Rev. Stat. § 293.410(2).

Process for Initiating an Election Contest

Any contest, regardless of the type of election being contested, must be filed no later than five days after the completion of a recount or no later than 14 days after an election. Nev. Rev. Stat. §§ 293.413(1), 293.425(1);  Nev. Rev. Stat. § 293.430(1). To file a contest, a challenger must file a “written statement of contest” with the appropriate office. Nev. Rev. Stat. §§ 293.407(1), 293.425(1), 293.430(1). For contests of local races and Presidential Electors, this written statement must be filed with the clerk of the relevant District Court. Nev. Rev. Stat. § 293.407(2). For all other races, this statement must be filed with the Secretary of State. Nev. Rev. Stat. §§ 293.425(1), 293.430(1).

This written statement must include: the name of the person contesting the election, confirmation that the person is a registered voter in the jurisdiction where the race was held, “the name of the defendant” and “the office that the defendant was declared elected,” the grounds for the contest, the corresponding statutory authority, the date the election was declared, and the body that conducted the canvass. Nev. Rev. Stat. § 293.407(3).

For state-level races, including races for the Nevada Legislature, Governor, Lieutenant Governor, and the Supreme Court, in addition to filing the written statement in that time window, a challenger must also submit “all depositions, ballots, and other documents relating to the contest” by the same deadline. Nev. Rev. Stat. §§ 293.425(1); 293.430(1). For contests involving Nevada Legislature elections only, a statement can be amended until December 15. Nev. Rev. Stat. § 293.425(2)(a). Also by December 15, both parties in such a contest have to submit to the Secretary of State a list of witnesses that “the party intends to present at the hearing of the contest.” Nev. Rev. Stat. § 293.425(2)(b). For state-level races, contestants may withdraw their contest at any time before the contest is decided so long as they give “written notice to the Secretary of State”. Nev. Rev. Stat. §§ 293.427(3), 293.430(5).

Also for state-level elections, “[u]ntil the contest is decided, the candidate who received the highest number of votes for the office in the contested election must be seated…” Nev. Rev. Stat. §§ 293.427(2), 293.430(2).

Filing After a Recount

The only functional difference in filing a contest after a recount rather than before a recount is the deadline by which one has to file. See above. The grounds on which one can file a contest remain the same. Attorney General’s Opinion No. 175.

Notice

For contests involving local races, the defendant must be notified by the contestant. Nev. Rev. Stat. § 293.407(5). For state-level contests, the defendant will be notified by both the contestant as well as the Secretary of State. Nev. Rev. Stat. §§ 293.425(1), 293.430(1).