NRS 293.400 Tie vote: Determination of winner in certain elections; determination of nominees in certain primary elections; right to recount.

612 words·~3 min read·/nv/chapter-293-elections/293-400

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 candidate’s 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.