Bill
AB 287
Automatic, state-funded recounts triggered at 0.25% or less margins; limits self-funded requests to 5% margins; aligns ballot-question recounts with cost and timeline rules.
Status: Enacted — Chapter 253, Statutes of 2025 (approved by Governor on Oct 3, 2025)
Purpose
- Revise Nevada’s recount procedures to (1) require automatic recounts in very close contests, (2) limit when a defeated candidate may demand a self-funded recount, (3) clarify recount procedures for ballot questions, and (4) address cost allocation and timelines so recounts are efficient and equitable.
Key provisions and changes
- Automatic recount threshold: Requires an automatic (state-funded) recount for an office or ballot question when the margin between the top two outcomes is 0.25% or less. No candidate is required to pay for a recount required under this threshold.
- Candidate-request threshold: A defeated candidate may demand a recount only where the margin between the winner and the defeated candidate is 5% or less. To request a recount the candidate must, within a statutory deadline after the canvass/certification, file a written demand and deposit estimated recount costs in advance.
- Voter-request for ballot questions: Aligns voter-request rules for ballot questions with candidate rules — voters may demand a recount of a ballot question when the margin is 5% or less; an automatic recount is required if the margin is 0.25% or less.
- Cost determination and allocation: The filing officer (county clerk or Secretary of State as appropriate) determines estimated recount costs using regulations adopted by the Secretary of State. Counties initially pay for automatic statewide recounts but are to be reimbursed from the Reserve for Statutory Contingency Account (State Board of Examiners review/approval process).
- Timeline and process adjustments: Revisions to canvass, request, start and completion deadlines (amendments aim to optimize timelines to allow simultaneous recounts and faster completion; some proposals set short windows such as beginning recounts within 5 days and completing within 5 working days).
- Additional elements (first reprint): Creates a Voter Access Grant Program and associated account to provide grants to counties, cities, and tribal governments to support election administration and voter access.
Who is affected
- Candidates: Limits ability to demand recounts to contests within a 5% margin; automatic recount protections for very narrow contests.
- Voters: Retains ability to request recounts for ballot questions subject to the same 5% and 0.25% thresholds.
- County election officials and counties: Operational responsibility to conduct recounts; initial fiscal burden for automatic recounts (with reimbursement process); subject to new timelines and reporting requirements.
- Secretary of State and State Board of Examiners: Authority to adopt cost regulations, review county cost claims, and oversee reimbursement; administers Voter Access Grant Program.
Fiscal and procedural notes
- The bill may impose costs on local governments; amendments and SOS estimates identify reserves needed (SOS recommended contingency additions — e.g., roughly $140,850 per election cycle in the SOS memo, and biennial totals shown).
- Stakeholder positions: Civil liberties and election-integrity organizations (ACLU-NV, Campaign Legal Center) testified in support (arguing limits prevent frivolous recounts and level access). Some local stakeholders and observers opposed, citing local election authority and potential unfunded mandates.
Effective implementation will depend on Secretary of State regulations defining “estimated recount costs,” county reporting procedures, and the operation of the Reserve reimbursement process.
Compiled from official sources — confirm details with the bill’s official record.
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