Nevada § 293.400 - Tie vote: Determination of winner in certain elections; determination of nominees in certain primary elections; right to recount

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

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.