AB 287 — Revises provisions relating to elections. (BDR 24-202)

EXEMPT (Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.B.

revising the circumstances under which a candidate defeated at certain elections or a voter may demand a recount;

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;

Existing law authorizes, under certain circumstances, a candidate defeated at certain elections to demand and receive a recount of the vote for the office for which he or she is a candidate if he or she deposits the estimated costs for the recount.

(1) authorizes a defeated candidate to demand a recount in certain elections if the difference between the highest number of votes cast for a candidate for the office and the number of votes cast for the defeated candidate who demands the recount is 5 percent or less;

andesand (2) reorganizes the provisions of existing law that set forth how the estimated costs of the recount are determined.

Section 1 additionally requires, with certain exceptions, a recount of the vote for an office to be conducted, at no cost to any candidate, if the difference between the highest number of votes cast for a candidate for the office and the next highest number of votes cast for a candidate for the office is 0.25 percent or less.

Such a recount is not required to be conducted if the format of the ballot allowed a voter to select more than one candidate for the office, unless the difference between the number of votes cast in the election for the - *AB287_R1* – 2 – candidate with the lowest number of votes who won the election and the nextionnext for the highest number of votes cast for a candidate for the office is 0.25 percent or less.

(1) eliminatesinstead theauthorizes authority of a voter to -demand *AB287*the –results 2of –the demandballot andquestion receivebeing aapproved recountor ofdisapproved theis vote5 forpercent aor ballotless; question;

and (2) providesadditionally insteadrequires that a recount of the vote for a ballot question mustto be conducted if the difference between the results of the ballot question being approved or disapproved is 0.25 percent or less.

Section 1 further provides that no voter is required to pay the costs of such a recount.

Existing law:

(1) requires, under certain circumstances, the State Board of Account to each county for a recount that concerns an office or ballot question for which voting is statewide;

and (2) sets forth a process for the review, submission and approval of such costs.

(NRS 293.405) If a recount of the vote for an office or ballot question for which voting is statewide is required pursuant to section 1, rather than demanded, section 3 requires:

(1) the clerk of each county to submit a statement of its costs in the recount to the Secretary of State for review and approval;

(2) the Secretary of State to submit such statements to the State Board of the Reserve for Statutory Contingency Account to the respective counties.sts from Existing law requires the Secretary of State to serve as the Chief Officer of Elections for this State and to be responsible for the execution and enforcement of the provisions of the Nevada Revised Statutes and all other provisions of state and federal law relating to elections.

(NRS 293.124) Section 7 of this bill requires the Secretary of State to establish and administer the Voter Access Grant Program to created by section 8 of this bill to eligible entities to support the administration of elections and improve voter access.

For the purpose of providing such grants, an “eligible entity” is defined by section 7 to mean a county, city or tribal government.

- *AB287_R1* – 3 – (a) [Files] File in writing a demand with the officer with whom the defeated candidate filed his or her declaration of candidacy;

The estimated costs of the recount must be determined by the personofficer with whom the advance is deposited based on regulations adopted by the Secretary of State defining the term “costs.” 2.

A recount of the votes for an office is not required pursuant to this subsection if the format of the ballot allowed a voter to select more than one candidate for the office, unless the difference between the number of votes cast in the election for the candidate with the lowest number of votes who won the election and the next highest number of votes cast for a candidate for the - *AB287* – 3 – office is 0.25 percent or less.

AAny voter at an election may demand and receive a recount of the vote for a ballot question mustif be[,] conductedthe if,difference [withinbetween 3 working days] after the canvassresults of the voteballot andquestion thebeing certificationapproved by the county clerk or citydisapproved clerkis of5 thepercent abstractor ofless. votes, the [voter:

(a)To Filesdemand insuch writing a demandrecount, with:within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes, the voter [:] who demands the recount must:

(a) [Files] File in writing a demand with:

and (b) Deposits[Deposits] Deposit in advance the estimated costs of the recount with the person to whom the demand was made.

3.[3.] The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the Secretary of State defining the term “costs.” 4.

TheA estimatedrecount costs of the recountvote mustfor bea determinedballot byquestion themust personbe withconducted whomif, after the advancecanvass isof depositedthe basedvote onand regulationsthe adoptedcertification by the Secretarycounty ofclerk Stateor definingcity clerk of the termabstract “costs.”]of votes, the difference between the results of the ballot question being approved or - *AB287_R1* – 4 – disapproved is 0.25 percent or less.

4.[4.] 5.

(a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chair of the recount board unless the recount is for the office of county clerk, in which case the registrar of voters of the - *AB287* – 4 – county, if a registrar of voters has been appointed for the county, shall act as chair of the recount board.

If the recount is for the office of city clerk and the mayor of the city is a candidate on the ballot, the - *AB287_R1* – 5 – mayor of the city shall appoint another member of the city council who is not a candidate on the ballot to act as chair of the recount board.

Each candidate for the office affected by the recount [andand the voter who demanded the recount, if any,]any, may be present in person or by an authorized representative, but may not be a member of the recount board.

If [thethe person]person a candidate who demanded [the] a recount pursuant to subsection 1 or 3 of NRS 293.403 or subsection 1 of NRS 293.424 does not prevail, and it is found that the sum deposited was less than the cost of the recount, the [person]person candidate shall, upon demand, pay the deficiency to the county clerk, city clerk or Secretary of State, as the case may be.

If the sum deposited is in excess of the cost, the excess must be refunded to the [person.]person. candidate.

- *AB287* – 5 – 2.

If the [person]person candidate who demanded the recount prevails, the sum deposited with the Secretary of State, county clerk or city clerk must be refunded to the [person]person candidate and the cost of the recount must be paid as follows:

(a) If the recount concerns an office [oror ballot question]question for which voting is not statewide, the cost must be borne by the county or city which conducted the recount.

(b) If the recount concerns an office [oror ballot question]question for which voting is statewide, the clerk of each county shall submit a statement of its costs in the recount to the Secretary of State for review and approval.

ExceptIf asa otherwiserecount providedof inthe NRSvote 293.424,for eachan recountoffice mustor beballot commencedquestion withinfor 5which daysvoting afteris [demand,]statewide theis recountrequired ispursuant demandedto subsection 2 or requiredsubsection pursuant4 toof NRS 293.403293.403, andthe mustclerk beof completedeach withincounty 5shall dayssubmit aftera itstatement isof begun.its costs in the recount to the Secretary of State for review and approval.