293.403 - Recount of vote: Demand; advance deposit of costs. - Nevada Statutes

293.403  Recount of vote: Demand; advance deposit of costs.

      1.  A candidate defeated at any election may demand and receive a recount of the vote for the office for which he or she is a candidate to determine the number of votes received for the candidate and the number of votes received for the person who won the election if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes the candidate who demands the recount:

      (a) Files in writing a demand with the officer with whom the candidate filed his or her declaration of candidacy or acceptance of candidacy; and

      (b) Deposits in advance the estimated costs of the recount with that officer.

      2.  Any voter at an election may demand and receive a recount of the vote for a ballot question if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes, the voter:

      (a) Files in writing a demand with:

             (1) The Secretary of State, if the demand is for a recount of a ballot question affecting more than one county; or

             (2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and

      (b) Deposits in advance the estimated costs of the recount with the person to whom the demand was made.

      3.  The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the Secretary of State defining the term “costs.”

      4.  As used in this section, “canvass” means:

      (a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.

      (b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      (c) In any general election:

             (1) The canvass by the Supreme Court of the returns for a candidate for a statewide office or a statewide ballot question; or

             (2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).

      (d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      (Added to NRS by 1960, 263; A 1965, 1255; 1975, 940; 1977, 237; 1981, 1700; 1983, 1288; 1987, 350; 1989, 1591, 2167; 1991, 1107; 1995, 2628; 1997, 3465; 2001, 2031)