Nevada has a broad allowance for recounts. While there are no automatic recounts, the only burden on candidates or members of the public who request recounts is to reimburse the state or county for its costs. Recounts function in much the same way as the initial vote count, following the same tabulation process and including options for public observation. The option to challenge the results by filing a contest also remains available after a recount.
There is no minimum margin of defeat to request a recount. Any losing candidate can request a recount for an electoral race, and any registered voter can request a recount for a ballot question. Nev. Rev. Stat. § 293.403. There is no automatic recount.
A recount cannot be demanded prior to the canvass. “Election Procedures Manual” at 92.
For a candidate to request a recount they must file a demand in writing with the officer with whom they filed their original paperwork to run for office. They must also deposit “in advance the estimated costs of the recount with that officer” within three business days after the county canvass and certification. Nev. Rev. Stat. § 293.403(1).
For a registered voter to request a recount for a ballot question affecting more than one county, they must file a demand in writing with the Secretary of State. For other ballot questions, the voter must file with the local clerk. They must also deposit an amount equal to the estimated costs of the recount within three business days after the county canvass and certification. Nev. Rev. Stat. § 293.403(2).
No later than one day before the beginning of the recount, the County Clerk must post in their office the date and time that the recount is expected to begin along with any planned or expected breaks in the recount. Adopted Regulation R014-23 § 13(1).
Any candidate affected by the recount, or voter who requested the recount, may observe or send a representative to observe. Nev. Rev. Stat. § 293.404(2). Additionally, the Secretary of State may send a representative to observe the recount at the request of the County Clerk. Nev. Admin. Code § 293.371(1). Likewise, members of the general public may observe the recount. Adopted Regulation R014-23 § 13(2). All observers are subject to removal if they interfere with the recount. Adopted Regulation R014-23 § 13(4)(b). The County Clerk may restrict or limit the number of observers from the general public for reasons of safety or to “maintain order.” Adopted Regulation R014-23 § 13(4)(a).
A member of the public who wishes to observe the recount must sign an acknowledgment form provided by the Secretary of State. On this form, the observer promises to refrain from engaging in certain prohibited conduct. Adopted Regulation R014-23 § 13(3). This form will be held by the Clerk for at least 180 days after the recount. Adopted Regulation R014-23 § 13(7). They must also wear a name tag that includes their full legal name. Adopted Regulation R014-23 § 13(6). Like in other instances of public observation (see Observers ), observers will be allowed to meaningfully observe the process from a designated area that does not interfere with the process of the recount nor the privacy of voters. Adopted Regulation R014-23 § 13(5). Observers may not challenge a ballot or a determination of the Recount Board. “Election Procedures Manual” at 94.
Recounts are done on a county level. The County Clerk will employ a Recount Board and act as chair of the Recount Board, “unless the recount is for the office of County Clerk.” Nev. Rev. Stat. § 293.404(1)(a). See Recount Board. A Recount Board cannot be made up of members entirely from one political party. Nev. Admin. Code § 293.361(1). Nor can any candidate in the contest that is being recounted, or their family members, be a member of the Recount Board. Nev. Admin. Code § 293.361(2).
No later than one day before the recount begins, the County Clerk must post a statement in their office notifying the public of the date and time that the recount will begin, along with any expected recesses. Adopted Regulation R014-23 § 13(1).
The County Clerk will give the ballots to the Recount Board. “Election Procedures Manual” at 94. All ballots must be counted in the same way that they were originally counted. Nev. Rev. Stat. § 293.404(3). This includes a review of ballots that were rejected in the initial count. “Election Procedures Manual” at 94. The canvass (review of the tabulation) is also conducted in the same way as an initial election canvass. See below.
The recount must start within five days after one is demanded, and must be finished no later than five days after the recount begins. Nev. Rev. Stat. § 293.405(3).
If an observer or campaign believes that there are errors in the conduct of the recount, their “only” recourse is to contest the election. Attorney General’s Opinion No. 175. See Contests.