Nebraska § 32-1121 - Recount requested by losing candidate; procedure; costs.

Full text of Nebraska Revised Statutes of Nebraska § 32-1121 — Recount requested by losing candidate; procedure; costs., with citation guidance and answers to common questions.

§ 32-1121. Recount requested by losing candidate; procedure; costs.

(1)(a) If any candidate failed to be nominated or elected by more than the margin provided in section 32-1119, the losing candidate may submit a certified written request for a recount at such candidate's expense. The request shall be filed with the filing officer with whom the candidate filed for election not later than the third day after the county canvassing board or the board of state canvassers concludes. The request shall list the counties where a recount is requested and shall include payment of the recount cost calculated pursuant to subdivision (2)(a) of this section. The recount shall be conducted as provided in section 32-1119 and subdivision (b) of this subsection.

(b) If a recount is requested pursuant to this section and the filing officer is the:

(i) Secretary of State, the recount shall be conducted as provided in subsections (4), (6), and (7) of section 32-1119, except that if the recount cannot be conducted on the fifth Wednesday following the election, the recount shall be conducted on the sixth Wednesday following the election; or

(ii) Election commissioner or county clerk, the recount shall be conducted as provided in subsections (5) through (7) of section 32-1119.

(2)(a) The cost of the recount shall be one hundred dollars per precinct voting in the contest. The candidate shall pay the cost on demand to the county treasurer of each county involved, and such sums shall be placed in the county general fund to help defray the cost of the recount.

(b) If the recount does not determine the candidate to be the winner:

(i) If the actual expense is less than the determined cost, the candidate may file a claim with the county board for overpayment of the recount; or

(ii) If the actual expense is more than the determined cost, the candidate shall be responsible for payment of the difference.

(c) If the recount determines the candidate to be the winner, all costs which he or she paid shall be refunded. Refunds shall be made from the county general fund.

Source: official Nebraska text · Last verified 2026-08-27

Frequently Asked Questions About Nebraska § 32-1121

What does Revised Statutes of Nebraska § 32-1121 cover?

Section 32-1121 ("Recount requested by losing candidate; procedure; costs.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Nebraska § 32-1121?

A common citation format is "Revised Statutes of Nebraska § 32-1121" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Nebraska law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.

How does Nebraska § 32-1121 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.