Nevada Code § 293.400

Tie vote: Determination of winner in certain elections; determination of nominees in certain primary elections; right to recount
Open in Lexace · Ask the AI about this section
1. If, after the completion of the canvass
of the returns of any election, two or more persons receive an equal number of
votes, which is sufficient for the election of one or more but fewer than all
of them to the office, the person or persons elected must be determined as
follows:
(a) In a general election for a United States
Senator, Representative in Congress, state officer who is elected statewide or
by district, district judge, or district officer whose district includes area
in more than one county, the Legislature shall, by joint vote of both houses,
elect one of those persons to fill the office.
(b) In a primary election for a United States
Senator, Representative in Congress, state officer who is elected statewide or
by district, district judge, or district officer whose district includes area
in more than one county, the Secretary of State shall summon the candidates who
have received the tie votes to appear before the Secretary of State at a time
and place designated by the Secretary of State and the Secretary of State shall
determine the tie by lot. If the tie vote is for the office of Secretary of
State, the Governor shall perform these duties.
(c) In a primary election for any partisan office
of or general election for any partisan or nonpartisan office of a county,
township, incorporated city, city organized under a special charter where the
charter is silent as to determination of a tie vote in such an election, or
district which is wholly located within one county, the county clerk shall
summon the candidates who have received the tie votes to appear before the
county clerk at a time and place designated by the county clerk and determine
the tie by lot. If the tie vote is for the office of county clerk, the board of
county commissioners shall perform these duties.
(d) In a primary election for any nonpartisan
office of a county, township, incorporated city, city organized under a special
charter where the charter is silent as to determination of a tie vote in such
an election, or district which is wholly located within one county:
(1) If the candidates who received the tie
votes received the highest number of votes at the primary election, all of
those candidates must be declared nominees for the office and placed on the
ballot for the general election.
(2) If the candidates who received the tie
votes did not receive the highest number of votes but received the next highest
number of votes, the candidate who received the highest number of votes at the
primary election and the candidates who received the tie votes at the primary
election must be declared the nominees for the office and placed on the ballot
for the general election unless:
(I) The candidate who received the
highest number of votes at the primary election received a majority of the
votes cast in the primary election; and
(II) The provisions of NRS 293.260 or 293C.175 or any other law or special
charter require such a candidate to be declared elected to the office at the
primary election.
2. The summons mentioned in this section
must be mailed to the address of the candidate as it appears upon the
candidates declaration of candidacy at least 5 days before the day fixed for
the determination of the tie vote and must contain the time and place where the
determination will take place.
3. The right to a recount extends to all
candidates in case of a tie.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.