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FACT BRIEF

Does Nevada sometimes draw cards to determine the outcome of an election?

By Todd Butterworth
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YES

In the 1982 Eureka County Democratic primary for county clerk, the 2002 Esmeralda County general election for county commission, and in other instances, Nevada has used the drawing of playing cards to determine the winner of an election when a tie existed.

Nevada law allows ties in certain elections to be resolved “by lot” so ties have also been broken by a dice roll or a coin flip. Historically, tie-breaking by lot has only been necessary when an election has involved fewer votes — in local races, for example.

The Nevada Republican Party bylaws even prescribe a high-card draw as the official tie-breaking method for various party elections. Tradition is to use a new deck, shuffle it seven times, and fan the cards on a table prior to each candidate selecting one. 

This fact brief is responsive to conversations such as this one.
Sources
USA Today In Nevada, voting ties broken with deck of cards
Nevada Lawyer Occasionally Lady Luck Decides Elections in Nevada
Nevada Legislature Ties, recounts and contests
Nevada GOP Bylaws of the Nevada Republian Party (As adopted January 29, 2022)
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The Nevada Independent
The Nevada Independent is a nonpartisan, nonprofit news and opinion website founded in 2017 by veteran political journalist and commentator Jon Ralston. The site and its supporting channels are focused on ethical, unbiased and transparent journalism. In general, we aim to gather and disseminate important public information and increase civic engagement. We are supported by corporate donations, memberships, event ticket sales and sponsorships and foundation grants. We disclose all our members and donors. Donors have no influence over our content, ever. The Nevada Independent is the dba for Nevada News Bureau, Inc., a 501(c)3 nonprofit founded in 2010 by Elizabeth Thompson, who now serves as one of The Nevada Independent's managing directors and its Editor.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.