EXEMPT
(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT A.B. 287
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ASSEMBLY BILL NO. 287–ASSEMBLYMEMBERS
GONZÁLEZ AND MONROE-MORENO
FEBRUARY 25, 2025
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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)
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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 or a voter
may demand a recount; requiring, under certain
circumstances, that a recount for certain elections be
conducted; requiring certain costs for certain recounts to
be repaid from the Reserve for Statutory Contingency
Account; creating the Voter Access Grant Program and
the Account for the Voter Access Grant Program; 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
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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) instead authorizes a voter to demand 20
and receive a recount of the vote for a ballot question only if the difference between 21
the results of the ballot question being approved or disapproved is 5 percent or less; 22
and (2) additionally requires a recount of the vote for a ballot question to be 23
conducted if the difference between the results of the ballot question being 24
approved or disapproved is 0.25 percent or less. 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
Existing law: (1) requires, under certain circumstances, the State Board of 28
Examiners to repay the allowable costs from the Reserve for Statutory Contingency 29
Account to each county for a recount that concerns an office or ballot question for 30
which voting is statewide; and (2) sets forth a process for the review, submission 31
and approval of such costs. (NRS 293.405) If a recount of the vote for an office or 32
ballot question for which voting is statewide is required pursuant to section 1, 33
rather than demanded, section 3 requires: (1) the clerk of each county to submit a 34
statement of its costs in the recount to the Secretary of State for review and 35
approval; (2) the Secretary of State to submit such statements to the State Board of 36
Examiners; and (3) the State Board of Examiners to repay the allowable costs from 37
the Reserve for Statutory Contingency Account to the respective counties. 38
Existing law requires the Secretary of State to serve as the Chief Officer of 39
Elections for this State and to be responsible for the execution and enforcement of 40
the provisions of the Nevada Revised Statutes and all other provisions of state and 41
federal law relating to elections. (NRS 293.124) Section 7 of this bill requires the 42
Secretary of State to establish and administer the Voter Access Grant Program to 43
provide grants of money from the Account for the Voter Access Grant Program 44
created by section 8 of this bill to eligible entities to support the administration of 45
elections and improve voter access. For the purpose of providing such grants, an 46
“eligible entity” is defined by section 7 to mean a county, city or tribal government. 47
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
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(a) [Files] File in writing a demand with the officer with whom 1
the defeated candidate filed his or her declaration of candidacy; and 2
(b) [Deposits] Deposit in advance the estimated costs of the 3
recount with that officer. The estimated costs of the recount must 4
be determined by the officer with whom the advance is deposited 5
based on regulations adopted by the Secretary of State defining the 6
term “costs.” 7
2. [Any voter at an election may demand and receive] Except 8
as otherwise provided in this subsection and NRS 293.424, a 9
recount of the vote for an office must be conducted if, after the 10
canvass of the vote and the certification by the county clerk or city 11
clerk of the abstract of votes, the difference between the highest 12
number of votes cast for a candidate for the office and the next 13
highest number of votes cast for a candidate for the office is 0.25 14
percent or less. A recount of the votes for an office is not required 15
pursuant to this subsection if the format of the ballot allowed a 16
voter to select more than one candidate for the office, unless the 17
difference between the number of votes cast in the election for the 18
candidate with the lowest number of votes who won the election 19
and the next highest number of votes cast for a candidate for the 20
office is 0.25 percent or less. No candidate is required to pay the 21
costs of a recount that is required pursuant to this subsection. 22
3. Any voter at an election may demand and receive a recount 23
of the vote for a ballot question if [,] the difference between the 24
results of the ballot question being approved or disapproved is 5 25
percent or less. To demand such a recount, within 3 working days 26
after the canvass of the vote and the certification by the county clerk 27
or city clerk of the abstract of votes, the voter [:] who demands the 28
recount must: 29
(a) [Files] File in writing a demand with: 30
(1) The Secretary of State, if the demand is for a recount of a 31
ballot question affecting more than one county; or 32
(2) The county or city clerk who will conduct the recount, if 33
the demand is for a recount of a ballot question affecting only one 34
county or city; and 35
(b) [Deposits] Deposit in advance the estimated costs of the 36
recount with the person to whom the demand was made. 37
[3.] The estimated costs of the recount must be determined by 38
the person with whom the advance is deposited based on regulations 39
adopted by the Secretary of State defining the term “costs.” 40
4. A recount of the vote for a ballot question must be 41
conducted if, after the canvass of the vote and the certification by 42
the county clerk or city clerk of the abstract of votes, the difference 43
between the results of the ballot question being approved or 44
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disapproved is 0.25 percent or less. No voter is required to pay the 1
costs of a recount that is required pursuant to this subsection. 2
[4.] 5. As used in this section, “canvass” means: 3
(a) In any primary election, the canvass by the board of county 4
commissioners of the returns for a candidate or ballot question voted 5
for in one county or the canvass by the board of county 6
commissioners last completing its canvass of the returns for a 7
candidate or ballot question voted for in more than one county. 8
(b) In any primary city election, the canvass by the city council 9
of the returns for a candidate or ballot question voted for in the city. 10
(c) In any general election: 11
(1) The canvass by the Supreme Court of the returns for a 12
candidate for a statewide office or a statewide ballot question; or 13
(2) The canvass of the board of county commissioners of the 14
returns for any other candidate or ballot question, as provided in 15
paragraph (a). 16
(d) In any general city election, the canvass by the city council 17
of the returns for a candidate or ballot question voted for in the city. 18
Sec. 2. NRS 293.404 is hereby amended to read as follows: 19
293.404 1. Where a recount is demanded or required 20
pursuant to the provisions of NRS 293.403 or demanded pursuant 21
to 293.424, the: 22
(a) County clerk of each county affected by the recount shall 23
employ a recount board to conduct the recount in the county, and 24
shall act as chair of the recount board unless the recount is for the 25
office of county clerk, in which case the registrar of voters of the 26
county, if a registrar of voters has been appointed for the county, 27
shall act as chair of the recount board. If a registrar of voters has not 28
been appointed for the county, the chair of the board of county 29
commissioners, if the chair is not a candidate on the ballot, shall act 30
as chair of the recount board. If the recount is for the office of 31
county clerk, a registrar of voters has not been appointed for the 32
county and the chair of the board of county commissioners is a 33
candidate on the ballot, the chair of the board of county 34
commissioners shall appoint another member of the board of county 35
commissioners who is not a candidate on the ballot to act as chair of 36
the recount board. A member of the board of county commissioners 37
who is a candidate on the ballot may not serve as a member of the 38
recount board. 39
(b) City clerk shall employ a recount board to conduct the 40
recount in the city, and shall act as chair of the recount board unless 41
the recount is for the office of city clerk, in which case the mayor of 42
the city, if the mayor is not a candidate on the ballot, shall act as 43
chair of the recount board. If the recount is for the office of city 44
clerk and the mayor of the city is a candidate on the ballot, the 45
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mayor of the city shall appoint another member of the city council 1
who is not a candidate on the ballot to act as chair of the recount 2
board. A member of the city council who is a candidate on the ballot 3
may not serve as a member of the recount board. 4
2. Each candidate for the office affected by the recount and the 5
voter who demanded the recount, if any, may be present in person or 6
by an authorized representative, but may not be a member of the 7
recount board. 8
3. The recount must include a count and inspection of all 9
ballots, including rejected ballots, and must determine whether all 10
ballots are marked as required by law. All ballots must be recounted 11
in the same manner in which the ballots were originally tabulated. 12
4. The county or city clerk shall unseal and give to the recount 13
board all ballots to be counted. 14
5. The Secretary of State may adopt regulations to carry out the 15
provisions of this section. 16
Sec. 3. NRS 293.405 is hereby amended to read as follows: 17
293.405 1. If the person who demanded [the] a recount 18
pursuant to subsection 1 or 3 of NRS 293.403 or subsection 1 of 19
NRS 293.424 does not prevail, and it is found that the sum 20
deposited was less than the cost of the recount, the person shall, 21
upon demand, pay the deficiency to the county clerk, city clerk or 22
Secretary of State, as the case may be. If the sum deposited is in 23
excess of the cost, the excess must be refunded to the person. 24
2. If the person who demanded the recount prevails, the sum 25
deposited with the Secretary of State, county clerk or city clerk must 26
be refunded to the person and the cost of the recount must be paid as 27
follows: 28
(a) If the recount concerns an office or ballot question for which 29
voting is not statewide, the cost must be borne by the county or city 30
which conducted the recount. 31
(b) If the recount concerns an office or ballot question for which 32
voting is statewide, the clerk of each county shall submit a statement 33
of its costs in the recount to the Secretary of State for review and 34
approval. The Secretary of State shall submit the statements to the 35
State Board of Examiners, which shall repay the allowable costs 36
from the Reserve for Statutory Contingency Account to the 37
respective counties. 38
3. If a recount of the vote for an office or ballot question for 39
which voting is statewide is required pursuant to subsection 2 or 40
subsection 4 of NRS 293.403, the clerk of each county shall 41
submit a statement of its costs in the recount to the Secretary of 42
State for review and approval. The Secretary of State shall submit 43
the statements to the State Board of Examiners, which shall repay 44
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the allowable costs from the Reserve for Statutory Contingency 1
Account to the respective counties. 2
4. Except as otherwise provided in NRS 293.424, each recount 3
must be commenced within 5 days after [demand,] the recount is 4
demanded or required pursuant to NRS 293.403 and must be 5
completed within 5 days after it is begun. 6
[4.] 5. After the recount of a precinct is completed, that 7
precinct must not be subject to another recount for the same office 8
or ballot question at the same election. 9
Sec. 4. NRS 293.413 is hereby amended to read as follows: 10
293.413 1. Except as otherwise provided in NRS 293.424, 11
the statement of contest provided for in NRS 293.407 shall be filed 12
with the clerk of the district court no later than 5 days after a recount 13
is completed, and no later than 14 days after the election if no 14
recount is demanded [.] or required. The parties to a contest shall be 15
denominated contestant and defendant. 16
2. Except as otherwise provided in NRS 293.424, the court 17
shall set the matter for hearing not less than 5 days nor more than 10 18
days after the filing of the statement of contest. Election contests 19
shall take precedence over all regular business of the court in order 20
that results of elections shall be determined as soon as practicable. 21
3. The court may refer the contest to a special master in the 22
manner provided by the Nevada Rules of Civil Procedure, and such 23
special master shall have all powers necessary for a proper 24
determination of the contest. 25
Sec. 5. NRS 293B.400 is hereby amended to read as follows: 26
293B.400 1. Except as otherwise provided in this section, if a 27
recount is demanded or required pursuant to the provisions of NRS 28
293.403 or demanded pursuant to NRS 293.424 or if an election is 29
contested pursuant to NRS 293.407 or 293.424, the county or city 30
clerk shall ensure that each mechanical recording device which 31
directly recorded votes electronically for the applicable election 32
provides a record printed on paper of each ballot voted on that 33
device. 34
2. In carrying out the requirements of this section, the county 35
or city clerk shall: 36
(a) Print only the records required for the recount or contest; and 37
(b) Collect those records and deposit them in the vaults of the 38
county or city clerk pursuant to NRS 293.391 or 293C.390. 39
Sec. 6. Chapter 225 of NRS is hereby amended by adding 40
thereto the provisions set forth as sections 7 and 8 of this act. 41
Sec. 7. 1. The Secretary of State shall establish and 42
administer the Voter Access Grant Program to provide grants of 43
money from the Account for the Voter Access Grant Program 44
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created by section 8 of this act to eligible entities to support the 1
administration of elections and improve voter access. 2
2. In carrying out the Program, the Secretary of State may 3
award a grant to an eligible entity for: 4
(a) The purchase and maintenance of supplies or equipment 5
for an election; 6
(b) Payment of election board officers and other employees 7
who perform duties relating to elections; 8
(c) Programs for voter education and outreach; and 9
(d) Any other project, program or expense that the Secretary of 10
State determines to be eligible for the Program. 11
3. The Secretary of State, or his or her designee, shall review 12
each application submitted for a grant from the Program in 13
accordance with the regulations adopted pursuant to subsection 6. 14
When reviewing an application, the Secretary of State, or his or 15
her designee, may request any additional information from an 16
applicant to determine eligibility of the applicant for a grant. 17
4. Any grant awarded to an eligible entity pursuant to the 18
Program is in addition to and does not supplant or replace any 19
money, support or services otherwise authorized or required by 20
law to be provided to an eligible entity. 21
5. On or before January 1 of each odd-numbered year, the 22
Secretary of State shall prepare and submit a written report to the 23
Director of the Legislative Counsel Bureau for transmittal to 24
the Legislature. The report must include, without limitation, for 25
the immediately preceding biennium: 26
(a) The number of eligible entities that applied for a grant 27
from the Program; 28
(b) The number of eligible entities that received a grant from 29
the Program; 30
(c) The number of eligible entities that applied for but did not 31
receive a grant from the Program; 32
(d) The total amount of grants awarded from the Program; 33
and 34
(e) A description of the projects, programs, supplies or 35
equipment that were purchased or supported, in whole or in part, 36
from the Program. 37
6. The Secretary of State shall adopt any regulations 38
necessary to carry out the provisions of this section, including, 39
without limitation, regulations that prescribe: 40
(a) The process for applying for a grant from the Program, 41
including, without limitation, application requirements; 42
(b) Criteria for eligibility for a grant from the Program; 43
(c) The order of priority for reviewing applications and 44
awarding grants from the Program; and 45
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(d) Standards for determining whether to approve an 1
application for a grant from the Program. 2
7. For the purposes of this section, “eligible entity” means a 3
county, city or tribal government. 4
Sec. 8. 1. The Account for the Voter Access Grant Program 5
is hereby created in the State General Fund. The Secretary of 6
State shall administer the Account. 7
2. The Secretary of State may apply for and accept any 8
donation, gift, grant, bequest or other source of money for deposit 9
in the Account. 10
3. The interest and income earned on the money in the 11
Account, after deducting any applicable charges, must be credited 12
to the Account. 13
4. Any money remaining in the Account at the end of a fiscal 14
year does not revert to the State General Fund and the balance in 15
the Account must be carried forward to the next fiscal year. 16
Sec. 9. The provisions of NRS 218D.380 do not apply to any 17
provision of this act which adds or revises a requirement to submit a 18
report to the Legislature. 19
Sec. 10. The provisions of NRS 354.599 do not apply to any 20
additional expenses of a local government that are related to the 21
provisions of this act. 22
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