A.B. 287
- *AB287*
ASSEMBLY BILL NO. 287–ASSEMBLYMEMBERS
GONZÁLEZ AND MONROE-MORENO
FEBRUARY 25, 2025
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-202)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 1-3, 5)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; revising the circumstances under
which a candidate defeated at certain elections may
demand a recount; requiring, under certain circumstances,
that a recount for certain elections be conducted; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes, under certain circumstances, a candidate defeated at 1
certain elections to demand and receive a recount of the vote for the office for 2
which he or she is a candidate if he or she deposits the estimated costs for the 3
recount. (NRS 293.403) Section 1 of this bill instead: (1) authorizes a defeated 4
candidate to demand a recount in certain elections if the difference between the 5
highest number of votes cast for a candidate for the office and the number of votes 6
cast for the defeated candidate who demands the recount is 5 percent or less; and 7
(2) reorganizes the provisions of existing law that set forth how the estimated costs 8
of the recount are determined. Section 1 additionally requires, with certain 9
exceptions, a recount of the vote for an office to be conducted, at no cost to any 10
candidate, if the difference between the highest number of votes cast for a 11
candidate for the office and the next highest number of votes cast for a candidate 12
for the office is 0.25 percent or less. Such a recount is not required to be conducted 13
if the format of the ballot allowed a voter to select more than one candidate for the 14
office, unless the difference between the number of votes cast in the election for the 15
candidate with the lowest number of votes who won the election and the next 16
highest number of votes cast for a candidate for the office is 0.25 percent or less. 17
Existing law authorizes a voter at an election to demand and receive a recount 18
of the vote for a ballot question if the registered voter deposits the estimated costs 19
of the recount. (NRS 293.403) Section 1: (1) eliminates the authority of a voter to 20
– 2 –
- *AB287*
demand and receive a recount of the vote for a ballot question; and (2) provides 21
instead that a recount of the vote for a ballot question must be conducted if the 22
difference between the results of the ballot question being approved or disapproved 23
is 0.25 percent or less. Section 1 further provides that no voter is required to pay 24
the costs of such a recount. 25
Sections 2-5 of this bill make conforming changes to account for the changes to 26
the recount process made pursuant to section 1. 27
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.403 is hereby amended to read as follows: 1
293.403 1. Except as otherwise provided in NRS 293.424, a 2
candidate defeated at any election may demand and receive a 3
recount of the vote for the office for which he or she is a candidate 4
to determine the number of votes received for the defeated 5
candidate and the number of votes received for the person who won 6
the election if [, within] the difference between the highest number 7
of votes cast for a candidate for the office and the number of votes 8
cast for the defeated candidate who demands the recount is 5 9
percent or less. To demand such a recount, within 3 working days 10
after the canvass of the vote and the certification by the county clerk 11
or city clerk of the abstract of votes, the defeated candidate who 12
demands the recount [:] must: 13
(a) [Files] File in writing a demand with the officer with whom 14
the defeated candidate filed his or her declaration of candidacy; and 15
(b) [Deposits] Deposit in advance the estimated costs of the 16
recount with that officer. The estimated costs of the recount must 17
be determined by the person with whom the advance is deposited 18
based on regulations adopted by the Secretary of State defining the 19
term “costs.” 20
2. [Any voter at an election may demand and receive] Except 21
as otherwise provided in this subsection and NRS 293.424, a 22
recount of the vote for an office must be conducted if, after the 23
canvass of the vote and the certification by the county clerk or city 24
clerk of the abstract of votes, the difference between the highest 25
number of votes cast for a candidate for the office and the next 26
highest number of votes cast for a candidate for the office is 0.25 27
percent or less. A recount of the votes for an office is not required 28
pursuant to this subsection if the format of the ballot allowed a 29
voter to select more than one candidate for the office, unless the 30
difference between the number of votes cast in the election for the 31
candidate with the lowest number of votes who won the election 32
and the next highest number of votes cast for a candidate for the 33
– 3 –
- *AB287*
office is 0.25 percent or less. No candidate is required to pay the 1
costs of a recount that is required pursuant to this subsection. 2
3. A recount of the vote for a ballot question must be 3
conducted if, [within 3 working days] after the canvass of the vote 4
and the certification by the county clerk or city clerk of the abstract 5
of votes, the [voter: 6
(a) Files in writing a demand with: 7
(1) The Secretary of State, if the demand is for a recount of a 8
ballot question affecting more than one county; or 9
(2) The county or city clerk who will conduct the recount, if 10
the demand is for a recount of a ballot question affecting only one 11
county or city; and 12
(b) Deposits in advance the estimated costs of the recount with 13
the person to whom the demand was made. 14
3. The estimated costs of the recount must be determined by 15
the person with whom the advance is deposited based on regulations 16
adopted by the Secretary of State defining the term “costs.”] 17
difference between the results of the ballot question being 18
approved or disapproved is 0.25 percent or less. No voter is 19
required to pay the costs of a recount that is required pursuant to 20
this subsection. 21
4. As used in this section, “canvass” means: 22
(a) In any primary election, the canvass by the board of county 23
commissioners of the returns for a candidate or ballot question voted 24
for in one county or the canvass by the board of county 25
commissioners last completing its canvass of the returns for a 26
candidate or ballot question voted for in more than one county. 27
(b) In any primary city election, the canvass by the city council 28
of the returns for a candidate or ballot question voted for in the city. 29
(c) In any general election: 30
(1) The canvass by the Supreme Court of the returns for a 31
candidate for a statewide office or a statewide ballot question; or 32
(2) The canvass of the board of county commissioners of the 33
returns for any other candidate or ballot question, as provided in 34
paragraph (a). 35
(d) In any general city election, the canvass by the city council 36
of the returns for a candidate or ballot question voted for in the city. 37
Sec. 2. NRS 293.404 is hereby amended to read as follows: 38
293.404 1. Where a recount is demanded or required 39
pursuant to the provisions of NRS 293.403 or demanded pursuant 40
to 293.424, the: 41
(a) County clerk of each county affected by the recount shall 42
employ a recount board to conduct the recount in the county, and 43
shall act as chair of the recount board unless the recount is for the 44
office of county clerk, in which case the registrar of voters of the 45
– 4 –
- *AB287*
county, if a registrar of voters has been appointed for the county, 1
shall act as chair of the recount board. If a registrar of voters has not 2
been appointed for the county, the chair of the board of county 3
commissioners, if the chair is not a candidate on the ballot, shall act 4
as chair of the recount board. If the recount is for the office of 5
county clerk, a registrar of voters has not been appointed for the 6
county and the chair of the board of county commissioners is a 7
candidate on the ballot, the chair of the board of county 8
commissioners shall appoint another member of the board of county 9
commissioners who is not a candidate on the ballot to act as chair of 10
the recount board. A member of the board of county commissioners 11
who is a candidate on the ballot may not serve as a member of the 12
recount board. 13
(b) City clerk shall employ a recount board to conduct the 14
recount in the city, and shall act as chair of the recount board unless 15
the recount is for the office of city clerk, in which case the mayor of 16
the city, if the mayor is not a candidate on the ballot, shall act as 17
chair of the recount board. If the recount is for the office of city 18
clerk and the mayor of the city is a candidate on the ballot, the 19
mayor of the city shall appoint another member of the city council 20
who is not a candidate on the ballot to act as chair of the recount 21
board. A member of the city council who is a candidate on the ballot 22
may not serve as a member of the recount board. 23
2. Each candidate for the office affected by the recount [and 24
the voter who demanded the recount, if any,] may be present in 25
person or by an authorized representative, but may not be a member 26
of the recount board. 27
3. The recount must include a count and inspection of all 28
ballots, including rejected ballots, and must determine whether all 29
ballots are marked as required by law. All ballots must be recounted 30
in the same manner in which the ballots were originally tabulated. 31
4. The county or city clerk shall unseal and give to the recount 32
board all ballots to be counted. 33
5. The Secretary of State may adopt regulations to carry out the 34
provisions of this section. 35
Sec. 3. NRS 293.405 is hereby amended to read as follows: 36
293.405 1. If [the person] a candidate who demanded [the] a 37
recount pursuant to subsection 1 of NRS 293.403 or subsection 1 38
of NRS 293.424 does not prevail, and it is found that the sum 39
deposited was less than the cost of the recount, the [person] 40
candidate shall, upon demand, pay the deficiency to the county 41
clerk, city clerk or Secretary of State, as the case may be. If the sum 42
deposited is in excess of the cost, the excess must be refunded to the 43
[person.] candidate. 44
– 5 –
- *AB287*
2. If the [person] candidate who demanded the recount 1
prevails, the sum deposited with the Secretary of State, county clerk 2
or city clerk must be refunded to the [person] candidate and the cost 3
of the recount must be paid as follows: 4
(a) If the recount concerns an office [or ballot question] for 5
which voting is not statewide, the cost must be borne by the county 6
or city which conducted the recount. 7
(b) If the recount concerns an office [or ballot question] for 8
which voting is statewide, the clerk of each county shall submit a 9
statement of its costs in the recount to the Secretary of State for 10
review and approval. The Secretary of State shall submit the 11
statements to the State Board of Examiners, which shall repay the 12
allowable costs from the Reserve for Statutory Contingency 13
Account to the respective counties. 14
3. Except as otherwise provided in NRS 293.424, each recount 15
must be commenced within 5 days after [demand,] the recount is 16
demanded or required pursuant to NRS 293.403 and must be 17
completed within 5 days after it is begun. 18
4. After the recount of a precinct is completed, that precinct 19
must not be subject to another recount for the same office or ballot 20
question at the same election. 21
Sec. 4. NRS 293.413 is hereby amended to read as follows: 22
293.413 1. Except as otherwise provided in NRS 293.424, 23
the statement of contest provided for in NRS 293.407 shall be filed 24
with the clerk of the district court no later than 5 days after a recount 25
is completed, and no later than 14 days after the election if no 26
recount is demanded [.] or required. The parties to a contest shall be 27
denominated contestant and defendant. 28
2. Except as otherwise provided in NRS 293.424, the court 29
shall set the matter for hearing not less than 5 days nor more than 10 30
days after the filing of the statement of contest. Election contests 31
shall take precedence over all regular business of the court in order 32
that results of elections shall be determined as soon as practicable. 33
3. The court may refer the contest to a special master in the 34
manner provided by the Nevada Rules of Civil Procedure, and such 35
special master shall have all powers necessary for a proper 36
determination of the contest. 37
Sec. 5. NRS 293B.400 is hereby amended to read as follows: 38
293B.400 1. Except as otherwise provided in this section, if a 39
recount is demanded or required pursuant to the provisions of NRS 40
293.403 or demanded pursuant to NRS 293.424 or if an election is 41
contested pursuant to NRS 293.407 or 293.424, the county or city 42
clerk shall ensure that each mechanical recording device which 43
directly recorded votes electronically for the applicable election 44
– 6 –
- *AB287*
provides a record printed on paper of each ballot voted on that 1
device. 2
2. In carrying out the requirements of this section, the county 3
or city clerk shall: 4
(a) Print only the records required for the recount or contest; and 5
(b) Collect those records and deposit them in the vaults of the 6
county or city clerk pursuant to NRS 293.391 or 293C.390. 7
Sec. 6. The provisions of NRS 354.599 do not apply to any 8
additional expenses of a local government that are related to the 9
provisions of this act. 10
H