Election recount laws and procedures in the 50 states

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters. Recounts can happen in races at any level, from local offices up to presidential elections. In the case of presidential elections, however, recounts are carried out at the state level rather than nationally.

Click here to view a nationwide overview of recount laws.

Click a state on the map below to learn more about recount laws and procedures in that state.

http://ballotpedia.org/Election_recount_laws_and_procedures_in_the_50_states#STATE

50-state overview of recount laws

Overview

Automatic recounts

Automatic recounts occur if election results meet certain criteria laid out in state law. Requirements for an automatic recount might differ based on the type or level of office.

The most common cause for an automatic recount is when election results fall within a close vote margin. This margin might be either a percentage or a number of votes.

In addition to close vote margins, states might require an automatic recount if election officials discover a discrepancy or error in the vote totals.[3]


Requested recounts

Requested recounts require an interested party ask for a recount. Unlike automatic recounts, if a recount is not requested, it will not be held. Similar to automatic recounts, requirements for an requested recount, where they exist, might differ based on the type or level of office.

Who can request a recount varies by state and by circumstances. In most states with requested recount procedures, an interested party is either a candidate requesting a recount of a race in which he or she participated or a voter requesting a recount of a ballot measure election. Some states allow any interested party to request a recount while others might require criteria such as close vote margins before a recount can be requested. In some states, election officials may request a recount if they discover discrepancies in vote totals.

Courts may be able to order a recount, but oftentimes only after another interested party requested a recount from the court.[5]





State-specific summary of recount laws

Alabama

See also: Recount laws in Alabama

Automatic recount procedures

Alabama requires an automatic recount if a statewide ballot measure or candidate for any public office in a general election "is defeated by not more than one half of one percent of the votes cast."[21]

Requested recount procedures

Sections 17-16-21 and 17-16-40 of the Code of Alabama stipulate that any person with standing to contest an election may request a recount, even if the margin of victory falls outside the 0.5% trigger point for an automatic recount. The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case any costs paid are refunded. The time period for requesting a recount begins "with the production of the certificate of result and ends 48 hours after the official canvass of county returns."[22][23]

The relevant state statutes suggest recounts cannot be requested in elections for the U.S. Senate and U.S. House.[24]

Requested recounts that show a change in the election outcome cannot officially change the election outcome but they do constitute grounds to contest the election in court.[22]

For more information about recount procedures in Alabama, click here.

Alaska

See also: Recount laws in Alaska

Automatic recount procedures

If two or more candidates receive a tie vote, state law requires an automatic recount paid for by the state. State law does not specify a set deadline for the completion of an automatic recount.[25]

Requested recount procedures

A defeated candidate or group of ten qualified voters can request a recount if they believe there was a mistake made when counting the votes. The deadline to request a recount is within three days of the certification of a general election for governor or lieutenant governor and within five days for all other elections.[26] The deadline to complete a requested recount is no later than ten days after the start of the recount.[27]

The state pays for the requested recount if the margin of victory is less than 0.5% of the votes cast or fewer than 20 votes. If the margin of victory is greater than those covered by the state, the requester is responsible for costs associated with the recount. Any costs paid are refunded if the recount changes the outcome of the election and/or changes the percentage of votes for the requester by 4% or more.[28]

For more information about recount procedures in Alaska, click here.

Arizona

See also: Recount laws in Arizona

Automatic recount procedures

Automatic recounts are required if a candidate or measure is defeated by less than or equal to 0.5% of the total votes cast.[29]

Requested recount procedures

Arizona does not allow requested recounts.[30][31]

For more information about recount procedures in Arizona, click here.

Arkansas

See also: Recount laws in Arkansas

Automatic recount procedures

Arkansas does not require automatic recounts.

Requested recount procedures

Arkansas allows any candidate voted for in an election to request a recount if he or she is dissatisfied with the returns from any precinct.[32] If the number of outstanding absentee/mail-in ballots is not enough to change the election results, such a request must be made within two days after the declaration of unofficial results. If the number of outstanding absentee/mail-in ballots is enough to change the outcome, a request must be made any time before results are certified.[32] There is no set deadline for the completion of a requested recount.

The requester is required to pay for the recount. If the recount changes the outcome of the election, the requester is refunded.[32]

Additionally, a county board of election commissioners may choose to conduct a recount without a request.[32]

For more information about recount procedures in Arkansas, click here.

California

See also: Recount laws in California

Automatic recount procedures

California does not require automatic recounts.

Requested recount procedures

Any voter may request a recount. The requester is responsible for the costs unless the recount changes the outcome of the election in favor of the requester. The deadline to request a statewide or multi-county recount is within five days before 5:00 p.m. on the fifth day, beginning on the 31st day after the election. The deadline to request a recount in an election taking place in a single county is within five days of the county's canvass.[32] There is no deadline for the requested recount's completion. As a voter, candidates may request recounts following these guidelines.

A court may also order one or more recounts if a request from a district attorney is made within 25 days following an election. The district attorney must have probable cause to believe that misconduct occurred or mistakes were made when tabulating the election results. The court may order payments to cover the costs of the recount(s).[32]

An election official may order a recount if he or she believes ballots in the precinct have been miscounted and there is no explanation as to why the miscounting occurred.

The governor may order a recount paid for by the state within five days after the Secretary of State files a statement of the vote. In order for the governor to request a recount, there must be a close vote margin of either 1,000 votes or 0.015% of the total vote, whichever is less, between the winning and losing candidate or position, in the case of ballot measures.[33] In a primary election, the deadline to complete such a recount is three business days before the Secretary of state publishes the official candidate list for the general election. In a general election, the deadline is within 60 days of the order.

A write-in candidate may request a hand tally of undervotes under certain circumstances, which can be found here.

For more information about recount procedures in California, click here.

Colorado

See also: Recount laws in Colorado

Automatic recount procedures

Colorado requires automatic recounts under the following conditions:

A recount of any election contest shall be held if the difference between the highest number of votes cast in that election contest and the next highest number of votes cast in that election contest is less than or equal to one-half of one percent of the highest vote cast in that election contest. If there is more than one person to be elected in an election contest, a recount shall be held if the difference between the votes cast for the candidate who won the election with the least votes and the candidate who lost the election with the most votes is less than or equal to one-half of one percent of the votes cast for the candidate who won the election with the least votes. A recount shall occur only after the canvass board certifies the original vote count. [34]

Colorado Revised Statues

Automatic recounts are paid for by the entity that certified the candidate or ballot measure in question.[32] Automatic recounts must be completed no later than 35 days after Election Day for all state, district, and county races.[32] Recounts for nonpartisan elections not coordinated by the county clerk must be completed no later than 40 days after Election Day.[32]

Requested recount procedures

Any of the following interested parties may request a recount:

[T]he candidate who lost the election, the political party or political organization of such candidate, any petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question that did not pass at the election, the governing body that referred a ballot question or ballot issue to the electorate if such ballot question or ballot issue did not pass at the election, or the agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of this title, that either supported a ballot question or ballot issue that did not pass at the election or opposed a ballot question or ballot issue that passed at the election. [34]

Colorado Revised Statutes
Links added

The requester is responsible for costs unless the recount changes the outcome of the election in his or her favor or changes the results of the election to a margin where an automatic recount would have been required. Requested recounts must be completed no later than 37 days after the election.[32]

For more information about recount procedures in Colorado, click here.

Connecticut

See also: Recount laws in Connecticut

Automatic recount procedures

Automatic recounts are required under the following circumstances:

General elections: If the margin of victory is less than 0.5% of total votes cast for office but not more than 2,000 votes, or fewer than 20 votes.[32]
Primary elections: If the margin of victory is less than 0.5% of total votes cast for office but not more than 1,000 votes, or fewer than 20 votes.[32]
All elections: If election officials discover a discrepancy in vote totals.[35]

State law does not specify a deadline for the competition of an automatic recount.

Requested recount procedures

Connecticut does not allow requested recounts.

For more information about recount procedures in Connecticut, click here.

Delaware

See also: Recount laws in Delaware

Automatic recount procedures

The requirements for automatic recounts vary by office and type of election:

State Senate, House, and county offices in a general election:

If the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative, or county office is less than 1,000 votes or 1/2 of 1% of all votes cast for the 2 candidates, whichever is less, the Court shall recount the ballots cast in that election at state expense. [34]

Delaware Code § 5702

All candidate races in a primary election:

If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote. [34]

Delaware Code § 3172

Municipal elections:

The municipal Board of Elections shall recount the ballots if the difference between the top 2 candidates is 1/2 of 1% or less than the total votes cast for the office. Where electors vote for more than 1 candidate for an office, the municipal Board of Elections shall recount the ballots if the difference between the last candidate elected and the next closest candidate is 1/2 of 1% or less than the total votes cast for the office. [34]

Delaware Code § 7558

Requested recount procedures

The requirements for requested recounts vary by office and type of election:

Statewide offices in a general election:

Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense. The request for a recount under this subsection must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner’s contest. [34]

Delaware Code § 5702

Requested recounts of this type are paid for by the state.

School board, tax levies, and school bond elections:

25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 of this title was less than 10 votes or 1/2 of 1 percent of the total vote whichever is larger. The petition shall contain the printed name, signature and the voting location of each petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition. [34]

Delaware Code § 1083

Costs for requested recounts of this type are not mentioned in state law.

Use the following links for more information about Delaware's recount procedures in general, primary, municipal, and school board/bond elections.

Florida

See also: Recount laws in Florida

Automatic recount procedures

Automatic recounts are required if a candidate or measure is defeated by less than 0.5% of the total votes cast. The initial recount is conducted using automatic tabulating equipment and consists of all ballots cast.[36] If the results of the initial recount show a new margin where a candidate or measure is defeated by less than 0.25% of the total votes cast, a second recount is conducted by hand. The second recount, if required, consists only of overvotes and undervotes. The second recount is not required if the total number of such votes is not large enough to change the outcome of the election.[37]

Below are the deadlines for recounts by stage and election type:[38]

Initial recount:

  • Regularly-scheduled primary election: no later than 3:00 p.m. on the fifth day after the election.
  • General/special elections: no later than 3:00 p.m. on the ninth day after the election.

Second recount (if required):

  • Regularly-scheduled primary election: no later than 5:00 p.m. on the seventh day after the election.
  • General/special elections: no later than 12:00 p.m. on the twelfth day after the election.

Provisions regarding automatic recounts do not apply to presidential preference primaries and elections for political party executive committee members.[38]

Requested recount procedures

Florida does not allow requested recounts.

For more information about recount procedures in Florida, click here.

Georgia

See also: Recount laws in Georgia

Automatic recount procedures

Georgia does not require automatic recounts.

Requested recount procedures

Under Georgia law, recounts may be requested under the following conditions:[39]

  • A candidate may request a recount within two business days following the certification of results if the margin between candidates is less than or equal to 0.5%. This threshold was set in 2019 following the passage of H.B. 319.
  • An election official may order, at his or her discretion, a recount if it appears there is a discrepancy or error in the returns. In precincts using paper or scanned ballots, any candidate or political party may petition the election official to make such an order. In precincts using voting machines, any three electors of the precinct may do the same.
  • For constitutional amendments and binding referendum questions, the Constitutional Amendment Publication Board may, at its discretion, request a recount if the margin is less than or equal to 0.5% within two business days following the certification of results.
  • The Secretary of State may request a recount at his or her discretion if a candidate for federal or state office petitions the office regarding an apparent discrepancy or error in the returns.

State law specifies neither deadlines for completion nor who is responsible for requested recount costs. Citizens for Election Integrity Minnesota writes, "According to the Office of the Georgia Secretary of State, for recounts authorized under Title 21, the petitioners are not responsible for any of the costs incurred by election officials."[40]

For more information about recount procedures in Georgia, click here.

Hawaii

See also: Recount laws in Hawaii

Automatic recount procedures

Automatic recounts are required if election results show a margin of victory less than or equal to either 100 votes or 0.25% of the total votes cast, whichever is greater. The deadline to complete an automatic recount is no later than 72 hours after polls close on Election Day.[32]

Requested recount procedures

Hawaii does not allow requested recounts.

The laws governing Hawaii's recount procedures can be found here. Rules pertaining to recounts can be found here.

Idaho

See also: Recount laws in Idaho

Automatic recount procedures

Idaho does not require automatic recounts.

Requested recount procedures

Any candidate or person supporting or opposing a ballot measure may request a recount within twenty days of the canvass.[32]

The state covers the cost of the recount if the margin of victory separating the requester from the winning candidate or ballot measure position is less than or equal to either five vote or 0.1% of all votes cast, whichever is greater.[32]

In all other instances, the requester is responsible for the costs of the recount and must specify the number of precincts to be recounted. Costs paid by the requester are refunded if certain requirements are met. The requester must ask for a recount in a prerequired number of precincts and the result of the recounts in those precincts, if extrapolated across all precincts in the election, must be enough to change the outcome of the election in favor of the requester.[32]

The deadline for completion of a requested recount is no more than ten days from the date the recount was ordered.[32]

For more information about recount procedures in Idaho, click here.

Illinois

See also: Recount laws in Illinois

Automatic recount procedures

Illinois does not require automatic recounts.

Requested recount procedures

A losing candidate may request a recount if he or she received at least 95% of the vote of the winning candidate. The recount must be requested within five days after the canvass. The deadline for completion is three days after notice of the recount is sent to the winning candidate.[32]

In Illinois, a requested recount cannot directly change the election outcome but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.[41][42]

For more information about recount procedures in Illinois, click here.

Indiana

See also: Recount laws in Indiana

Automatic recount procedures

Indiana does not require automatic recounts.

Requested recount procedures

Any candidate may request a recount by 12:00 p.m. two weeks after the election. If a candidate does not request a recount by that time, his or her party chair has three extra days to request a recount.[32] Any voter who voted in the election may request a recount for a ballot measure. In order to make such a request, the voter must present a petition containing signatures from at least 10% of the total number of voters who voted on the measure in question.[32] In all instances, the requester is responsible for costs associated with the recount. Any costs paid by the requester are refunded if the recount changes the election outcome.[32]

State law does not specify a deadline for the completion of a requested recount.

For more information about recount procedures in Indiana, click here.

Iowa

See also: Recount laws in Iowa

Automatic recount procedures

Iowa does not require automatic recounts.

Requested recount procedures

Any candidate may request a recount. If the margin of victory separating candidates is 50 votes or 1% of the total number of votes cast, whichever is greater, the state covers the cost of the recount. In all other instances, the candidate is responsible for costs associated with the recount. Costs paid by the candidate are refunded if the recount changes the election outcome.

Voter(s) may request a recount on a ballot measure by submitting a petition under the following guidelines:

The petition shall be signed by the greater of not less than ten eligible electors or a number of eligible electors equaling one percent of the total number of votes cast upon the public measure. Each petitioner must be a person who was entitled to vote on the public measure in question or would have been so entitled if registered to vote. [34]

IA Code § 50.49 (2019)

The voter(s) making the request are responsible for costs associated with the recount. State law does not mention whether voter(s) are refunded if the recount changes the election outcome.

In the above two instances, the recount can be requested up to three days after the county canvass. The deadline for completion is 18 days after the county canvass.

An election official may also request a recount paid for by the state if he or she suspects voting equipment malfunctions or receives reports of counting errors. State law does not specify deadlines for the completion of such a requested recount but does indicate that the request may be made after the canvass.

For more information about recount procedures in Iowa, click here.

Kansas

See also: Recount laws in Kansas

Automatic recount procedures

Kansas does not require automatic recounts.

Requested recount procedures

Any candidate may request a recount. If the margin between candidates is less than or equal to 0.5%, the state covers the costs. In all other instances, candidates are responsible for costs associated with the recount. Costs paid by the candidate are refunded if the recount changes the election outcome.[32]

Any voter may request a recount on a ballot measure. The voter is responsible for costs associated with the recount. Costs paid by the voter are refunded if the recount changes the election outcome.[32]

A county board of canvassers may request a recount if a majority of its membership determines that there were errors that might affect the outcome of the election.[32]

For requested recounts in a single-county, the request must be made by 5:00 p.m. on the day following the county canvass. For recounts in multiple counties, the request must be made no later than 5:00 p.m. on the second Friday following the election. The deadline for completion of the recount is 5:00 p.m. on the fifth day after the request was made.[32]

For more information about recount procedures in Kansas, click here.

Kentucky

See also: Recount laws in Kentucky

Automatic recount procedures

If an election official discovers an administrative or clerical error during the election and vote-counting process, he or she must report to the county clerk. The county clerk must then, within 15 days of the election, request a recount in the precinct(s) where the error was discovered.[32]

Requested recount procedures

In primary elections, any candidate may request a recount. In general elections, any candidate may request a recount, with the exception of candidates for the offices of governor, lieutenant governor, the General Assembly, and some municipal offices.[43] In both types of election, the requester is responsible for costs associated with the recount. State law does not mention any refunds of costs. Candidates requesting recounts must do so within 10 days after the election.[32]

Any voter who was qualified to vote and did vote on a constitutional convention or ballot measure may request a recount in those elections. The requester is responsible for costs associated with the recount. State law does not mention any refunds of costs. Voters requesting recounts must do so not more than 15 days after the official canvass.[32]

Kentucky does not specify a set deadline for the completion of any requested recount.

For more information about recount procedures in Kentucky, click here.

Louisiana

See also: Recount laws in Louisiana

Automatic recount procedures

Louisiana does not require automatic recounts.

Requested recount procedures

Candidates and voters (with regards to ballot measures) may request a recount of absentee/mail-in ballots only if the number of such ballots could change the election outcome. The recount must be requested by 4:30 p.m. on the third day after the election. Requesters are responsible for costs associated with the recount. Costs paid by the requester are refunded if the recount changes the election outcome.[44]

Candidates may also request a reinspection of votes cast on direct recording electronic machines. The deadline to make a request is 4:30 p.m. on the third day after the election. Candidates are responsible for costs associated with the reinspection. State law does not mention a refund if the reinspection changes the election outcome.[45]

Candidates and voters may also request a recount of absentee/mail-in ballots before a contested election trial if they allege an error that would change the outcome of the election.[46] Requesters are responsible for costs unless the court determines an error was made that changes the election outcome, in which case no costs are levied.[47]

There are no set deadlines for the competition of recounts or reinspections.

For more information about recount procedures in Louisiana, click here.

Maine

See also: Recount laws in Maine

Automatic recount procedures

Maine does not require automatic recounts.

Requested recount procedures

Requested recount procedures vary depending on the requester and the office. In all instances, requesters are responsible for costs associated with a recount if the margin is larger than those described below. If a requester pays for a recount and the recount changes the election outcome, the requester is refunded. Additionally, a requester may receive a refund even if the recount does not change the outcome if the amount paid was greater than the actual cost of the recount.

Candidate-requested recounts
The deadline to request a recount is no later than five business days after the election. Any losing candidate may request a recount unless ranked-choice voting was used, in which case only the top three finishers in the second-to-last round may request a recount. The state covers the cost of the recount under the following circumstances:

  • State legislative and single-county offices: if the margin between the requester and the winning candidate is less than or equal to 1.5% of the total votes cast.[32]
  • Statewide and multi-county offices: if the margin between the requester and the winning candidate is less than or equal to 1% of the total votes cast.[32]
  • Municipal offices: varies depending on the combined vote totals:[48]
    • Less than or equal to 2.5% if the combined vote totals for the candidates is 1,000 or less.
    • Less than or equal to 2% if the combined vote totals for the candidates is between 1,001 and 5,000.
    • Less than or equal to 1.5% if the combined vote totals for the candidates is 5,001 or more.

Voter-requested recounts
Voters may request recounts of ballot questions by meeting certain requirements:

  • Statewide: voters must submit a petition signed by at least 200 registered voters within eight business days after the election.[49] If the margin is less than or equal to 1% or 1,000 votes, the state covers the cost of the recount.[49]
  • Municipal: voters must submit an application of 10% or 100 registered voters in the municipality, whichever is less. Cost responsibilities pertaining to municipal ballot measure recounts are the same as those for municipal offices listed above.[50]

Use the following links for more information on Maine's recount procedures for state and county offices, municipal offices, statewide ballot measures, and municipal ballot measures.

Maryland

See also: Recount laws in Maryland

Automatic recount procedures

Maryland does not require automatic recounts.

Requested recount procedures

Candidates may request a recount. In general, the petitioner must pay for the recount. However, the petitioner is not liable to pay for the recount if any of the following conditions are met:[51]

  • "The outcome of the election is changed;"
  • "The petitioner has gained votes equal to 2% or more of the total votes cast for the contest; or"
  • "The margin of difference between the two candidates with the most votes is 0.25% of less of the votes cast for those two candidates."

The deadline to request a recount is within three days after the certification of the election results. There is no set deadline for the competition of the recount.

For more information about recount procedures in Maryland, click here.

Massachusetts

See also: Recount laws in Massachusetts

Automatic recount procedures

Massachusetts does not require automatic recounts.

Requested recount procedures

The requirements for requested recounts varies by race and office type.

  • In statewide and district-wide races, candidates can request a recount only if the margin of victory is less than or equal to 0.5% of all votes cast for the office.
    • For statewide offices, a recount request must be accompanied by signatures from at least 1,000 registered voters.
    • For district-wide offices, a request must be accompanied by a number of registered voters equal to one-fourth of the number of nominating signatures required for state primary candidates.
  • No close vote margin is required to request the recount of a municipal office. The signature requirements for municipal candidates can be found on page four of this manual.

The state covers the cost of the recount. For statewide and local offices, the deadline to request a recount is by 5:00 p.m. within six days after a primary. For district-wide offices, the deadline is by 5:00 p.m. within three days of the primary. For all elections, the deadline is by 5:00 p.m. within ten days after a general election.

The statewide, district-wide, and local margin, signature, and timing requirements apply to voters requesting a recount of statewide, district-wide, and local ballot measures, respectively.

For more information about recount procedures in Massachusetts, click here.

Michigan

See also: Recount laws in Michigan

Automatic recount procedures

Automatic recounts are required under the following conditions:

A recount of all precincts in the state is automatically conducted if the difference between the number of votes received by a candidate nominated or elected to a statewide office and the number of votes received by the second place candidate is 2,000 votes or less. The provision does not extend to the office of State Board of Education, University of Michigan Regent, Michigan State University Trustee or Wayne State University Governor. A recount of all precincts in the state is similarly conducted if the difference between the “Yes” vote and the “No” vote cast on a statewide ballot proposal is 2,000 votes or less. [34]

Michigan Bureau of Elections

The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) after either the last day to file counter petitions or the first day that recounts may begin.[52]

This provision does not apply to presidential primary elections.[53]

Requested recount procedures

A candidate can request a recount if all of the following conditions are met:[54]

  1. The candidate ran for one of the following offices: president and vice president, state executive (e.g., governor), U.S. Senate, U.S. House, circuit judges, or state senators and state representatives elected from districts that span more than one county[55]
  2. The request "alleges that the candidate is aggrieved on account of fraud or mistake in the canvass of the votes"
  3. The request "shall contain specific allegations of wrongdoing only if evidence of that wrongdoing is available to the petitioner. If evidence of wrongdoing is not available, the petitioner is only required to allege fraud or a mistake in the petition without further specification."
  4. The request "sets forth as nearly as possible the nature and character of the fraud or mistakes alleged and the counties, cities, or townships and the precincts in which they exist."
  5. The request "specifies the counties, cities, townships, and precincts in which the recount is requested."


Additionally, if a state Senate race is determined by 500 votes or fewer or a state House race is determined by 200 votes or fewer, a state party chair may request a recount following the guidelines described above.[54] Voters may also request recounts for ballot measures following guidelines similar to the above.

The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. If during the course of a recount, a precinct is deemed not recountable or is not recounted due to the withdrawal of the request, the costs paid by the requester to recount that precinct are refunded.[56]

The deadline to request a recount is no later than 48 hours following completion of the canvass of votes. The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) after either the last day to file counter petitions or the first day that recounts may begin.[57]

For more information about recount procedures in Michigan, click here.

Minnesota

See also: Recount laws in Minnesota

Automatic recount procedures

Following an election, Minnesota requires a post-election audit of votes cast. An automatic recount is required under the following circumstances:

If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, the secretary of state must notify the postelection review official of each county in the district that they must conduct manual recounts of all the ballots in the district for the affected office using the procedure outlined in section 204C.35. The recount must be completed and the results reported to the appropriate canvassing board within two weeks after the postelection review official received notice from the secretary of state. [34]

Office of the Revisor of Statues[58]
Link added

Requested recount procedures

A losing candidate may request a recount of his or her race. A voter may request a recount of ballot measure results after submitting a petition containing the signatures of 25 voters who were eligible to vote on the ballot measure.[32]

The state covers the cost of the requested recount if the results are within the margins described below:[32]

Candidate-requested

  • Statewide, and district judicial offices:
    • Less than 0.25% of the total votes counted for the office, or
    • Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
  • State legislative offices:
    • Less than 0.5% of the total number of votes counted for the office, or
    • Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
  • County, school district, and municipal offices:
    • Less than 0.25% of the total number of votes counted for the office, or
    • Less than 0.5% of the total number of votes cast for the office when the total number is more than 400 but less than 50,000, or
    • Less than ten votes when the total number of votes cast for the office is less than or equal to 400.

Voter-requested

  • County, school district, and municipal ballot measures:
    • Less than 0.25% of the total number of votes counted for the measure, or
    • Less than 0.5% of the total number of votes cast for the measure when the total number is more than 400 but less than 50,000, or
    • Less than ten votes when the total number of votes cast for the measure is less than or equal to 400.

In all other instances, the requester is responsible for costs associated with the recount. Costs are refunded if the recount changes the election outcome or if the difference between the initial and recounted totals is greater than the standard for acceptable voting system performance.[32] The standard for acceptable voting system performance is a difference between electronic and hand-counted vote totals less than or equal to 0.5%.[58]

For federal, statewide, district judicial, and state legislative recounts, the request must be filed no later than 5:00 p.m. on the second day after the primary or general election canvass. For county, school district, and municipal offices and ballot measures, the request must be filed no later than 5:00 p.m on the fifth day after the primary election canvass or no later than 5:00 p.m on the seventh day after the general election canvass.[32]

The secretary of state may also request a recount using the following guidelines:

The secretary of state may conduct a recount to verify the accuracy of vote counting and recording in one or more precincts in which an electronic voting system was used in the election. The results of the recount must be reported to the appropriate canvassing board. Time for notice of nomination, election, or contest for an office recounted pursuant to this section must begin upon certification of the results of the recount by the canvassing board. [34]

Office of the Revisor of Statutes[59]

There is no set deadline for the completion of a requested recount.

For more information about recount procedures in Minnesota, click here.

Mississippi

See also: Recount laws in Mississippi

Automatic recount procedures

Mississippi does not require automatic recounts.[32]

Requested recount procedures

Mississippi does not allow requested recounts.[32]

Missouri

See also: Recount laws in Missouri

Automatic recount procedures

Missouri does not require automatic recounts.

Requested recount procedures

Missouri allows defeated candidates and any person, regarding a ballot measure, to request a recount under the following circumstances:

Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for the office and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question, shall have the right to a recount of the votes cast for the office or on the question.[34]
MO Rev Stat § 115.601 (2019)

For candidates and ballot questions that originally filed with the secretary of state, the deadline for the request is no later than seven days after the certification of the election. The deadline to complete such a recount is no later than 20 days after the notice of the recount.[60]

A court may order a recount as part of a contested election initiated by a candidate or, in the case of a ballot measure election, a person under the following circumstances:

If the court finds there is a prima facie showing of irregularities which place the result of the primary election in doubt, the court shall order a recount of all votes brought in question by the petition or its answer. Where the issue is drawn over the validity of certain votes cast, a prima facie case is made if the validity of a number of votes equal to or greater than the margin of defeat is placed in doubt. The court may order a recount of all votes brought in question by the petition or its answer at any time if it finds that the primary election result is placed in doubt. All materials and records relating to the contested election may be subpoenaed and all information contained therein shall be subject to the rules of discovery in civil cases. During a recount, the court may hear additional evidence offered by any party bearing on any issue relating to the contested election.[34]
MO Rev Stat § 115.539 (2019)

Election officials may also request a recount under the following circumstances:

The election authority, if convinced that errors of omission or commission have occurred on the part of the election authority, election judges, or any election personnel in the conduct of an election, may petition the circuit court for a recount ...[34]
MRS 115.600

For more information about recount procedures in Missouri, click here.

Montana

See also: Recount laws in Montana

Automatic recount procedures

Montana requires an automatic recount in the event of a tie.[61] State law does not specify a set deadline for the completion of the automatic recount.

Requested recount procedures

Montana allows voters, regarding ballot question elections, and defeated candidates to request a recount paid for by the state under the following circumstances:

(a) a candidate for a precinct office or for a county, municipal, or district office voted for in only one county, other than a legislator or a judge of the district court, is defeated by a margin not exceeding 1/4 of 1% of the total votes cast or by a margin not exceeding 10 votes, whichever is greater, and the defeated candidate, within 5 days after the official canvass, files with the election administrator a verified petition stating that the candidate believes that a recount will change the result and that a recount of the votes for the office or nomination should be conducted;

(b) a candidate for a congressional office, a state or district office voted on in more than one county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast for all candidates for the same position and the defeated candidate, within 5 days after the official canvass, files a petition with the secretary of state as set forth in subsection (1)(a). The secretary of state shall immediately notify each election administrator whose county includes any precincts that voted for the office, and a recount must be conducted in those precincts.

(c) a question submitted to the vote of the people of a county, municipality, or district within a county is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the election administrator. This petition must be signed by not less than 10 electors of the jurisdiction and must be filed within 5 days after the official canvass.

(d) a question submitted to the vote of the people of the state is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 100 electors of the state, representing at least five counties of the state, and must be filed within 5 days after the official canvass.

(e) a question submitted to the vote of the people of a multicounty district is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 25 electors of the district, representing at least two counties, and must be filed within 5 days after the official canvass.[34]

MCA 13-16-201(a)-(e)

Additionally, a defeated candidate may request a recount paid for by the requester if the margin is greater than 0.25% but less than or equal to 0.5% of the total votes cast. The deadline to request such a recount is no later than five days after the canvass.[62]

A court may order a recount but only after a defeated candidate or voter, regarding a ballot measure, requests a recount before the court. The deadline to request a court-ordered recount is no later than five days after the canvass. The requester must specify grounds for the recount. The decision ultimately rests with the court's determination as to whether there is probable cause to believe that votes were improperly counted.[63] The requester of a court-ordered recount is responsible for any costs associated with that recount unless the recount changes the outcome of the election, in which case any costs paid are refunded.[64]

Election officials may request a recount under the following circumstances:

If during a canvass the board finds an error in a precinct or precincts affecting the accuracy of vote totals, the board immediately may petition for a recount of the votes cast in the precinct or precincts, as provided in 13-16-201, or for an inspection of ballots, as provided in 13-16-420.[34]
MCA 13-15-403(4)

For more information about recount procedures in Montana, click here.

Nebraska

See also: Recount laws in Nebraska

Automatic recount procedures

Nebraska requires an automatic recount under the following circumstances:[65]

  • For candidates in elections in which more than 500 votes are cast: A recount is triggered if the margin of victory separating the winning candidate from the second-place finisher is less than or equal to 1% of all votes received by the winning candidate.
  • For candidates in elections in which fewer than 501 votes are cast: A recount is triggered if the margin of victory separating the winning candidate from the second-place finisher is less than or equal to 2% of all votes received by the winning candidate.

Recounts for elections filed with the secretary of state shall be made on the fifth Wednesday after the election.[65]

Additionally, election officials may need to conduct a recount under the following circumstances:[66]

If in the process of canvassing the votes for any candidate or measure in any precinct the election commissioner or county clerk or the canvassing board determines that there is an obvious error in the certification of the votes, the error shall be corrected. The county canvassing board may open the ballots-cast container and recount the ballots for any candidate or any measure which appears to be in error.[34]
Nebraska Revised Statute 32-1031

Requested recount procedures

Any candidate defeated by a margin greater than what would have triggered an automatic recount may request a recount. The deadline to request a recount is no later than the tenth day after the canvass.[67] For general election state legislative candidates, the deadline to request a recount is no later than the fourth Monday after the election.[68] The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case any costs paid are refunded.[67][68]

For more information about recount procedures in Nebraska, click here.

Nevada

See also: Recount laws in Nevada

Automatic recount procedures

Nevada does not require automatic recounts.

Requested recount procedures

Nevada allows any candidate defeated at any election to request a recount. Any voter may request a recount of the vote for a ballot measure. The deadline to request a recount is no later than three business days after the canvass of the vote. Each recount must begin within five days after the request and must be completed no later than five days after its start. The requester is responsible for costs associated with the recount unless the recount changes the election outcome in his or her favor, in which case the requester is refunded any costs paid. If the recount does not change the election outcome, the requester may receive a refund if the costs paid were greater than the cost of the recount.[69]

For more information about recount procedures in Nevada, click here.

New Hampshire

See also: Recount laws in New Hampshire

Automatic recount procedures

New Hampshire does not require automatic recounts.

Requested recount procedures

The requirements and guidelines for requested recounts vary by requester, office, and election type:

Candidate-requested recounts:

  • General elections:
Any candidate for whom a vote was cast for any office at a state general election may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total votes cast in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday following the election.[34]
NH Rev Stat § 660:1 (2019)
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded. If the recount does not change the election outcome, the requester may receive a refund if he or she lost by less than 1% of the total votes cast.[70]
  • State primary elections:
Any person for whom a vote was cast for any nomination of any party at a state primary may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate of that party declared nominated is less than 10 votes or less than 1.5 percent of the total ballots cast in the primary for that party in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than 5:00 p.m. on the Friday after the primary election.[34]
NH Rev Stat § 660:7 (2019)
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded.[71]
  • Presidential primary elections:
Any person receiving at least 9 percent of the votes cast in any party's presidential primary may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday after the primary for a recount of all ballots cast for such nomination.[34]
NH Rev Stat § 660:7 (2019)
The requester is responsible for costs associated with the recount unless the recount changes the election outcome so that the requester thereby qualified for federal funding or received at least one additional delegate, in which case any costs paid are refunded.[72]
  • Village district, town, and school board elections:
Any person for whom a vote was cast and recorded for any office at a town election may, no later than the Friday following the election, apply in writing to the town clerk for a recount of the ballots cast for such office, the clerk shall appoint a time for the recount not earlier than 5 days nor later than 10 days after the receipt of said application.[34]
NH Rev Stat § 669:30 (2019)[73]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded. If the recount does not change the election outcome, the requester may receive a refund if he or she lost by less than 1% of the total votes cast.[74]

Voter-requested recounts:

  • Statewide constitutional amendment elections:
Upon receipt of petitions of 100 voters made no later than the fourth Friday following the date of the election, the secretary of state shall recount the ballots cast on any question to amend the constitution if the proposal was adopted or failed by no more than one percent of the vote cast.[34]
NH Rev Stat § 660:10 (2019)
The state is responsible for costs associated with the recount.[75]
  • County ballot measure elections:
Application for such recount shall be by written petition signed by at least 50 legal voters of said county presented to the secretary of state no later than the second Friday following the state general election.[34]
NH Rev Stat § 660:12 (2019)
The requester is responsible for costs associated with the recount. State law does not mention the possibility of a refund.[76]
  • Local ballot measure elections:
Five legal voters of any city or town which has voted on any question other than constitutional amendments printed on the ballot at any state election as provided in RSA 663 may, no later than the second Friday after the election, petition the secretary of state for a recount of the votes cast upon said questions.[34]
NH Rev Stat § 660:13 (2019)
The requester is responsible for costs associated with the recount. State law does not mention the possibility of a refund.[77]

For more information about recount procedures in New Hampshire, click here.

New Jersey

See also: Recount laws in New Jersey

Automatic recount procedures

New Jersey does not require automatic recounts.

Requested recount procedures

New Jersey allows candidates and voters to request recounts under the following guidelines:

Candidate-requested recounts:

When any candidate at any election shall have reason to believe that an error has been made in counting the votes of that election, the candidate may, within a period of 17 days following such election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts.[34]
NJ Rev Stat § 19:28-1 (2019)

Voter-requested recounts:

When ten voters at any election shall have reason to believe that an error has been so made in counting the votes upon any public question at any election, such voters may, within a period of 17 days following such election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts on such public question.[34]
NJ Rev Stat § 19:28-1 (2019)

The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case any costs paid are refunded. If the recount did not change the election outcome, requesters also receive a refund if the recount changes the results in any district by either 10 votes or 10%, whichever is greater.[78]

State law does not specify a set deadline for the completion of a requested recount.

For more information about recount procedures in New Jersey, click here.

New Mexico

See also: Recount laws in New Mexico

Automatic recount procedures

New Mexico requires automatic recounts under the following circumstances:[65]

An automatic recount of the vote is required when the canvass of returns indicates that the margin between the two candidates receiving the greatest number of votes for an office, the margin between those supporting and those opposing a ballot question or the margin affecting the outcome of a nonpartisan judicial retention election is less than:


(1) one-fourth percent of the total votes cast in that election:
(a) for that office in the case of a federal or statewide office;
(b) on a ballot question in the case of a state ballot question; or
(c) on a nonpartisan judicial retention election in the case of the supreme court or the court of appeals;
(2) one-half percent of the total votes cast in that election:
(a) for that office in the case of a public regulation commissioner, public education commissioner, district attorney or any office elected countywide in a county with more than one hundred fifty thousand registered voters;
(b) on a ballot question in the case of a local ballot question; or
(c) on a nonpartisan judicial retention election in the case of a district court or the metropolitan court; or
(3) one percent of the total votes cast in that election for that office in the case of any other office.[34]
NM Stat § 1-14-24 (2019)

The deadline to order such an automatic recount is upon the completion of the canvass for multi-county elections and within seven days after the canvass for single-county elections.[65] State law does not specify a set deadline for the completion of an automatic recount.

Additionally, following the general election, New Mexico requires an audit of voting systems for all federal elections, the gubernatorial election, and the statewide election (other than the gubernatorial election) with the smallest margin of victory.[79] The audit is conducted in a random sample of precincts selected no later than 12 days after the election in order to produce an error rate. If the initial audit decreases the margin of victory in a particular election and shows an error rate greater than 90%, a second audit is conducted with a new random sample for that election. If the error rate remains over 90%, an automatic manual recount is required for the election in question.[80]

Requested recount procedures

New Mexico allows any candidate to request a recount using the following guidelines:

Whenever any candidate believes that any error or fraud has been committed by any precinct board [election board] in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified, the candidate, within six days after completion of the canvass by the proper canvassing board, may have a recount of the ballots, or a recheck of the votes shown on the voting machines, that were cast in the precinct.[34]
NM Stat § 1-14-14 (2019)

Any voter who voted in an election to adopt the local option of the Liquor Control Act may request a recount of that election.[81]

The requester is responsible for costs associated with a requested recount unless the recount changes the election outcome, in which case any costs paid are refunded.[82] State law does not specify a set date for the completion of a requested recount.

For more information about recount procedures in New Mexico, click here.

New York

See also: Recount laws in New York

Automatic recount procedures

New York requires an automatic recount if the margin of victory is 20 votes or less; or 0.5% or less; or less than 5,000 votes in a contest where one million or more ballots are cast.[83]

Additionally, New York requires a manual audit of at least 3% of each type of voting machine no later than fifteen days after a general or special election, thirteen days after a primary election, and seven days after a village election.[84] Discrepancies discovered during this audit might escalate to the point where a binding automatic recount is required.[85] Click here to view the protocols used during such an audit.

Requested recount procedures

A court may independently request a recount.[86] State law does not specify the procedure in which such a requested recount would take place.

A candidate in a village election may request a recount. The deadline to request such a recount is no later than two days after the election. Additionally, a village election official call for a recount without a request from any candidate in a village election. The deadline for the completion of such a recount is no later than five days after the village election official informs the county board of elections of the requested recount.[87]

For more information about recount procedures in New York, click here.

North Carolina

See also: Recount laws in North Carolina

Automatic recount procedures

If an initial requested recount was not conducted manually and did not change the election outcome, the requester may ask for a second manual recount. If it changed the election outcome, the initial winning candidate may do the same. This second, manual recount is a partial recount conducted using a random sample of precincts. If during the course of this partial recount, a difference in results is found that, if extrapolated across the jurisdiction, would change the election outcome, then an automatic manual recount is required for the entire jurisdiction in which the election was held paid for by the state.[88]

Requested recount procedures

North Carolina allows candidates to request a recount under the following circumstances:[89]

  • Races governed by a county board of elections:
    • Single-seat elections: if the difference between the votes for the requester and the winning candidate is less than or equal to 1% of the total votes cast in the election.
    • Multi-seat elections: if the difference is less than or equal to 1% of the votes cast for the two winning candidates.
    • The deadline to request such recounts is no later than 5:00 p.m. on the first business day after the canvass.
  • Races governed by the state board of elections:
    • Statewide elections: if the difference between the votes for the requester and the winning candidate is less than or equal to 10,000 votes or 0.5% of the votes cast, whichever is less.
    • Non-statewide elections: if the difference is less than or equal to 1% of the votes cast for single-seat elections or 1% of the votes for the two winning candidates for multi-seat elections.
    • The deadline to request such recounts is no later than 12:00 p.m on the second business day after the canvass.

State law does not specify who is responsible for costs associated with a requested recount, but the North Carolina State Board of Elections has indicated the general practice is that the state covers such costs.[90] State law does not specify a set deadline for the completion of requested recounts.

For more information about recount procedures in North Carolina, click here.

North Dakota

See also: Recount laws in North Dakota

Automatic recount procedures

North Dakota requires an automatic recount under the following circumstances:[32]

  • Primary election: if any candidate lost by less than or equal to 1% of the votes cast for the candidate with the most votes.
  • General and special elections: if any candidate lost by less than or equal to 0.5% of the votes cast for the candidate with the most votes.
  • Ballot measure election: if the measure passed or failed by 0.25% of the total votes cast on the measure.

The order to conduct an automatic recount must be made no later than four days after the canvass of the vote. The deadline to complete an automatic recount is no later than seven days after that order for state legislative elections and no later than 14 days for statewide elections. For all other elections, the deadline for completion is no later than eight days after the canvass.[32]

Requested recount procedures

Candidates may request a recount under the following circumstances:[32]

  • Primary election: if the requester is defeated by more than 1% and less than 2% of the votes cast for the candidate with the most votes.
  • General and special elections: if the requester is defeated by more than 0.5% and less than 2% of the votes cast for the candidate with the most votes.

A recount cannot be requested for a ballot measure election.

The deadline to request such a recount is no later than three days after the canvass of the vote. The deadline to complete the recount is no later than seven days after the order is given to conduct a requested recount for state legislative elections and no later than 14 days for statewide elections. For all other elections, the deadline for completion is no later than eight days after the canvass.[32]

The requester is responsible for costs associated with a recount. State law does not indicate whether these costs are refunded if the recount changes the election outcome.[32]

For more information about recount procedures in North Dakota, click here.

Ohio

See also: Recount laws in Ohio

Automatic recount procedures

Ohio requires automatic recounts under the following circumstances for candidates and ballot measures:[91]

  • County, municipal, and district elections: if the margin between the winning candidate and the next closest candidate is less than or equal to 0.5% of the total vote.
  • Statewide elections: if the margin between the winning candidate and the next closes candidate is less than or equal to 0.25% of the total vote.

The deadline for the completion of an automatic recount is no later than ten days after the recount was ordered.[92] For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College.[93]

Requested recount procedures

Any candidate who received votes in an election but was not the winner may request a recount. A group of five or more registered voters may request a recount of any ballot measure.[94]

The requester is responsible for costs associated with the recount unless the recount changes the election outcome in the requester's favor, in which case costs are refunded. If the recount changed the results in a precinct by 4% or more in favor of the requester, the cost of the recount in any such precinct is refunded to the requester even if the overall recount did not change the election outcome.[95]

The deadline to request a recount is no later than five days after the declaration of results.[96] The deadline for the completion of a requested recount is no later than ten days after the date the request was made except for in the case of a requested presidential recount, which must be completed no later than six days before the meeting of the Electoral College.[92][93]

For more information about recount procedures in Ohio, click here.

Oklahoma

See also: Recount laws in Oklahoma

Automatic recount procedures

Oklahoma does not require automatic recounts.

Requested recount procedures

Any candidate whose name appeared on the ballot may request a recount of that election regardless of the margin.[32]

A voter may request a recount of any non-statewide ballot measure election. The request can only be made under the following circumstances:[32]

  • For measures requiring a simple majority vote:
    • More than 14,999 votes cast: the margin between votes for and against the measure must be less than or equal to 150.
    • Fewer than 15,000 votes cast: the margin between votes for and against the measure must be less than or equal to 1% of the total votes cast.
  • For measures requiring more than a simple majority vote:
    • More than 14,999 votes cast: the margin between votes for the measure and the number required for approval must be less than or equal to 150.
    • Fewer than 15,000 votes cast: the margin between votes for the measure and the number required for approval must be less than or equal to 1% of the total votes cast.

When making the request, the voter must submit a petition signed by 150 registered voters who participated in the election, when the total number of votes cast on the measure is greater than 14,999. When the total number is fewer than 15,000, the petition must be signed by a number of registered voters who participated in the election equal to 1% of the total votes cast on the measure.

The deadline to request a recount is no later than 5:00 p.m. on the Friday following the election.[97] For both candidates and voters, the requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. If the recount does not change the election outcome, the requester may receive a refund if the costs paid were greater than the cost of the recount.[32] State law does not specify a deadline for the completion of such requested recounts.[32]

Election officials may also conduct a recount on Election Night if certain issues are detected such as malfunctioning voting equipment or a gap between ballots cast and voters who voted greater than or equal to 2%. The State Election Board may also direct counties to conduct Election Night recounts in the event of unanticipated issues.[98]

For more information regarding recount procedures in Oklahoma, click here.[99]

Oregon

See also: Recount laws in Oregon

Automatic recount procedures

For statewide and federal elections, Oregon requires an automatic recount in the event of a tie or when the margin between the winning candidate and the next closest candidate is less than or equal to 0.2% of the total vote for both candidates. The same procedure applies to ballot measures unless the ballot measure required at least 50% of registered voters to vote on it and failed to reach that threshold.[32]

Requested recount procedures

Candidates or a political party officer on behalf of a candidate may request a full or partial recount, though recounts for presidential elections must be full recounts. Voters may request a full or partial recount of any ballot measure.[32]

In all instances, the deadline to request a recount is no later than 35 days after the election. In the event that a partial recount was conducted, the requester may ask for a supplemental recount covering non-recounted precincts no later than 45 days after the election. Only a full recount can change the election outcome.[32]

The requester is responsible for costs associated with the recount unless the recount was a full recount that changed the election outcome in favor of the requester, in which case the costs are refunded.[32]

Election officials may also request recounts, which are paid for by the state. County clerks may request either partial or full recounts for offices and ballot measures. Unlike other requested recounts, a partial recount requested in this manner is sufficient to change the election outcome. The deadlines for the request of these recounts are the same as those for other types of requested recounts.[32]

There is no set deadline for the completion of a requested recount.

For more information about recount procedures in Oregon, click here.

Pennsylvania

See also: Recount laws in Pennsylvania

Automatic recount procedures

Pennsylvania requires automatic recounts if the margin of victory for a statewide office or ballot question appearing on the ballot in every election district is less than or equal to 0.5% of all votes cast for the office or ballot measure.[100] Such a recount must be ordered by the secretary of state no later than 5:00 p.m. on the second Thursday following the election. The recount shall begin no later than the third Wednesday following the election and must be completed no later than 12:00 p.m. on the following Tuesday.[100]

Election officials may be required to conduct an automatic recount in the event of certain discrepancies described here.[101]

Requested recount procedures

Three voters of an election district may request a recount in the county of their election district by submitting an affidavit alleging errors in the vote totals. The deadline to request such a recount is no later than five days after the election.[100] Three voters of an election district may also request a recount through the court of common pleas.[102] In order to conduct the recount in multiple election districts, requests must be made in each respective district following these guidelines.[102] The deadline to request such a recount is no later than five days after the completion of computational canvassing. If error or fraud is found, an additional five days is provided to make additional requests elsewhere.[103] Requesters are responsible for costs associated with the recount unless the recount shows that fraud or substantial error occurred, in which case the costs are refunded.[102] There is no set deadline for the completion of requested recounts.

More information about recount procedures in Pennsylvania can be found here and here.

Rhode Island

See also: Recount laws in Rhode Island

Automatic recount procedures

Rhode Island does not require automatic recounts.

Requested recount procedures

In Rhode Island, a candidate can request a recount under the following conditions:[104]

  • Offices for which only one candidate can be elected:
    • If the total number of votes cast for the office in question is less than or equal to 20,000, a candidate can request a recount if he or she trails the winning candidate by 2 percent of votes cast or 200 votes, whichever is less.
    • If the total number of votes cast for the office in question is between 20,001 and 100,000, a candidate can request a recount if he or she trails the winning candidate by 1 percent of votes cast or 500 votes, whichever is less.
    • If the total number of votes cast for the office in question is greater than 100,000, a candidate can request a recount if he or she trails the winning candidate by 0.5 percent of votes cast of 1,500 votes, whichever is less.
  • Offices for which multiple candidates can be elected:
    • If the total number of votes cast for the office in question is less than or equal to 5,000, a candidate can request a recount if he or she trails the winning candidates by 2 percent of votes cast or 50 votes, whichever is less.
    • If the total number of votes cast for the office in question is between 5,001 and 20,000, a candidate can request a recount if he or she trails the winning candidates by 1 percent of votes cast or 100 votes, whichever is less.
    • If the total number of votes cast for the office in question is greater than 20,000, a candidate can request a recount if he or she trails the winning candidates by 0.5 percent of votes cast or 150 votes, whichever is less.

In the case of ballot questions, individual voters and/or groups may request a recount under the following conditions:[105]

  • For ballot questions for which fewer than 100,000 votes are cast, the margin of victory must be 2 percent or less.
  • For ballot questions for which more than 100,000 votes are cast, the margin of victory must be 1 percent or less.

Election officials may request a recount in response to error, irregularities, or improprieties in the conduct of an election.[106][107]

The deadline to request a recount of a primary election is no later than 4:00 p.m. the day following the primary. For general elections and any election involving a ballot measure, the deadline is no later than 4:00 p.m on the seventh day following the declaration of results. There is no deadline for the completion of a requested recount. State law does not specify who is responsible for the costs of a requested recount.

For more information about recount procedures in Rhode Island, click here.

South Carolina

See also: Recount laws in South Carolina

Automatic recount procedures

South Carolina requires automatic recounts under the following circumstances:

Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in a general election and the number of votes received by any other candidate or candidate not declared so nominated or elected or whenever the difference between the number of votes received by a candidate who received the least number of votes to qualify for a runoff election and a candidate or candidates who did not so qualify shall be not more than one percent of the total votes which were cast for such office therein, the committee or board charged by law with canvassing such votes shall order a recount of such votes to be made forthwith unless such other candidate or candidates shall waive a recount in writing.

Whenever the difference between the number of votes cast in favor of and opposed to any constitutional amendment, question or other issue is not more than one percent of the total cast thereon, the Board of State Canvassers shall order a recount of such votes to be made forthwith.[34]

South Carolina Code of Laws

Requested recount procedures

South Carolina does not allow requested recounts.

For more information about recount procedures in South Carolina, click here.

South Dakota

See also: Recount laws in South Dakota

Automatic recount procedures

South Dakota requires an automatic recount in the event of a tie vote for any office except for school and township elections.[108] There is no set deadline for the completion of an automatic recount.

Requested recount procedures

There is no specified deadline for the completion of requested recounts. State law does not specify who is responsible for costs associated with a requested recount but the secretary of state's office has indicated that the state covers all costs.[109]

South Dakota allows candidates and voters to request recounts. The requirements in order to request a recount vary by requester and office type.

Candidate-requested recounts:

  • Statewide and multi-county district elections:
If any candidate for an office, position, or nomination other than the Legislature is voted upon in more than one county, and has been defeated according to the official returns by a margin which does not exceed one-fourth of one percent of the total vote cast for all candidates for such office, position, or nomination, the candidate may within three days after completion of the official canvass by the State Board of Canvassers file a petition with the secretary of state ...[34]
South Dakota Codified Laws, 12-21-12
  • Presidential elections:
Whenever according to the official returns as publicly announced and compiled, although not yet officially canvassed, it fairly appears that one group of candidates for presidential electors has been elected over another group of such candidates by a margin not exceeding one-fourth of one percent of the total of votes cast for both such groups, the chairman of the state central committee of the political party which nominated either of such groups, or any two or more candidates of either such group, may file with the secretary of state at any time after the election and prior to the canvass by the State Board of Canvassers, a petition ...[34]
South Dakota Codified Laws, 12-21-15
  • Multi-county state legislative elections:
If any legislative district comprises more than one county, any candidate for election to or nomination for the Legislature who, according to the official returns, has been defeated by a margin not exceeding two percent of the total vote cast for all candidates for such office may, within three days after completion of the official canvass of the returns, file a petition ...[34]
South Dakota Codified Laws, 12-21-11
  • Single-county state legislative and county elections:
A candidate for any office, position, or nomination which is voted upon only by the voters of one county or part thereof may ask for a recount of the official returns if such candidate is defeated, according to the official returns, by a margin not exceeding two percent of the total vote cast for all candidates for such office, position, or nomination. Any candidate for nonlegislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official county canvass. Any candidate for legislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed ...[34]
South Dakota Codified Laws, 12-21-10
  • Municipal elections:
A losing or tied candidate for municipal office may request a recount if:
    • the election margin is less than or equal to 2% of the total votes cast for the office, or
    • the election margin is less than or equal to five votes.
The deadline to request such a recount is no later than five business days after the canvass.[110]
  • School board elections:
A losing or tied candidate for school board may request a recount if the margin is less than or equal to 2% of total votes cast for the office. The deadline to request such a recount is no later than five business days after the canvass.[110]

Voter-requested recounts:

  • Statewide ballot measure election:
Whenever any referred or submitted question is voted upon throughout the state and is determined according to the official canvass by a margin of not exceeding one-fourth of one percent of the total vote cast for and against on such question, there may be filed with the secretary of state within ten days after the completion of the official canvass by the State Board of Canvassers a petition signed by not less than one thousand registered voters of the state, and representing at least five counties of the state ...[34]
South Dakota Codified Laws, 12-21-14
  • Precinct-level recounts:
Three registered voters in a precinct may request a recount in their specific precinct for a specific candidate in a county, state, or federal election. The margins allowing such a request are as follows:
    • For losing candidates running in an election where voters can only vote for one candidate (single-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race.
    • For losing candidates running in an election where voters can vote for two or more candidates (multi-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race, which is calculated as two times the average number of votes cast for the winning candidates.
Voters may also request a precinct-level recount for ballot measures under the guidelines for single-candidate races. The deadline to request a precinct-level recount is no later than ten days after an election. Subsequent requests from other precincts within the same county may be filed within three days after the first such request even if it is later than ten days after the election.[6]
  • Municipal and school board ballot measure elections:
Three registered voters within the jurisdiction may request a recount for a municipal or school board ballot measure if the margin is less than or equal to 2% of the total votes cast for the measure. The deadline to request such a recount is no later than five business days after the canvass.[110]

For more information about statewide, state legislative, county, and precinct recount procedures in South Dakota, click here. For more information about municipal and school board recount procedures, click here.

Tennessee

See also: Recount laws in Tennessee

Automatic recount procedures

Tennessee does not require automatic recounts.

Requested recount procedures

Candidates and individuals in charge of ballot question campaigns cannot request a recount but they can contest an election outcome within five days after the certification of the election.[111] As part of that contested election, any court, primary board, legislative body, or tribunal with jurisdiction over a contested election may order a recount under any of the following circumstances:

(1) A tie vote;
(2) An indication of fraud if the number of votes affected would be sufficient to change the result of the election;
(3) A malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election; or
(4) In any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.[34]
Tennessee Code

State law specifies neither the deadline for completion of such a requested recount nor the party responsible for costs.

For more information about recount procedures as part of contested elections in Tennessee, click here

Texas

See also: Recount laws in Texas

Automatic recount procedures

Texas requires an automatic recount in the event of a tie vote.[112] There is no set deadline for the completion of an automatic recount.

Requested recount procedures

Texas uses three types of requested recounts: initial, supplementary, and expedited, each of which is governed by distinct provisions explained below.

Initial requested recounts:
Initial recounts can be requested by candidates or, in some cases, voters in all elections except for those where a majority vote, rather than a plurality, is required and where voters cast votes for more than two candidates. Click Show more to learn more about initial recounts.

Show more

The deadline to request an initial recount is either 5:00 p.m. on the fifth day after the election or 5:00 p.m. on the second day after the canvass, whichever is later. There is no set deadline for the completion of an initial requested recount.

  • A candidate, apart from presidential primary candidates, may request an initial recount if:
(1) the difference in the number of votes received by the candidate and any candidate for the office who is shown by the election returns to be nominated, elected, or entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot is less than 10 percent of that candidate's number of votes;

(2) the candidate is shown by the election returns to be entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot;
(3) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034; or
(4) the total number of votes received by all candidates for the office is less than 1,000 as shown by the election returns.[34]

Texas Statutes, Sec. 212.022
  • In a presidential primary election, a candidate or any 25 voters acting jointly on behalf of an uncommitted delegation may request an initial recount if:
(1) the difference in the number of votes received by the candidate or uncommitted status and any candidate or uncommitted status shown by the election returns to be entitled to delegate representation at the political party's national presidential nominating convention is less than 10 percent of the number of votes received by the latter candidate or the uncommitted status; or

(2) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034.[34]

Texas Statutes, Sec. 212.0231
  • In a ballot measure election, the campaign treasurer or a specific-purpose political committee involved in the election or any 25 or more voters may request an initial recount if:
(1) the difference in the number of votes received for the measure and against the measure is less than 10 percent of the total number of votes received on the measure as shown by the election returns;

(2) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034; or
(3) the total number of votes received for and against the measure is less than 1,000 as shown by the election returns.[34]

  • If electronic voting systems were used, any losing candidate may request an initial recount of electronic voting system results.[113]


Supplementary requested recounts:
A supplementary account can occur if an initial recount is partial (i.e., not comprehensive). Any candidate or voter eligible to apply for an initial recount can apply for a supplementary recount in this case.[114] Click Show more to learn more about supplementary recounts.

Show more

Provisions relating to supplementary requested recount do not apply to elections covered by expedited requested recount provisions.[115]

Supplementary recounts may be requested under the following circumstances:

(a) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included less than 50 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied.

(b) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included 50 percent or more but less than 75 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied, except that the percentage factor is two percent rather than 10 percent.[34]

Texas Statutes, Sec. 212.053

The deadline to request a supplementary recount for elections involving candidates or a ballot measure is no later than 5:00 p.m. on the second day after receiving notice of the initial recount result.[116]


Expedited requested recounts:
Expedited recounts apply to races not covered by initial recount provisions. Click Show more to learn more about expedited recounts.

Show more

Candidates can request an expedited recount if a majority vote is required for their office or if voters cast a vote for more than two candidates for the office. Provisions regarding expedited requested recounts apply to offices in which a majority vote is required for nomination or election and where votes were cast for more than two candidates.[117] The deadline to request an expedited recount is either 2:00 p.m. on the third day after the election or 2:00 p.m. on the first day after the local canvass, whichever is later.[118]


All requested recounts:
The requester is responsible for costs associated with any requested recount. Costs are refunded to the requester if the request is rejected, withdrawn in a timely manner, or if the recount changes the election outcome. If the recount does not change the election outcome, the requester may still receive a refund if the amount paid was greater than the cost of the recount.[119][120] There is no set deadline for the completion of a requested recount.

For more information about automatic recount procedures in Texas, click here, and for requested recount procedures, click here.

Utah

See also: Recount laws in Utah

Automatic recount procedures

Utah requires automatic recounts in municipalities that have adopted ranked-choice voting if certain margins are met during the course of tabulating the vote. More information about those thresholds and Utah's Municipal Alternative Voting Methods Pilot Project can be found here.

Utah does not require automatic recounts for any other type of election.

Requested recount procedures

Utah allows losing candidates to request a recount under the following circumstances:

(b) ... [I]f the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is equal to or less than .25% of the total number of votes cast for all candidates in the race ...


(c) For a race between candidates where the total of all votes cast in the race is 400 or less, if the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is one vote ...[34]

Utah Code, 20A-4-401

The deadline to request such recounts is before 5:00 p.m. on the third day after the canvass for municipal primary elections and before 5:00 p.m. on the seventh day after the canvass for all other elections. The state covers the cost of candidate-requested recounts.[121]

Voters may request a recount of ballot measure results under the following circumstances:

(a) ... [I]f the proposition passes or fails by a margin that is equal to or less than .25% of the total votes cast for or against the proposition, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount before 5 p.m. within seven days after the day of the canvass ...


(b) For a ballot proposition or a bond proposition where the total of all votes cast for or against the proposition is 400 or less, if the difference between the number of votes cast for the proposition and the number of votes cast against the proposition is one vote, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount before 5 p.m. within seven days after the day of the canvass ...[34]

Utah Code, 20A-4-401

Requesters cover the cost of voter-requested recounts.[122]

There is no set deadline for the completion of requested recounts.

For more information about recount procedures in Utah, click here.

Vermont

See also: Recount laws in Vermont

Automatic recount procedures

Vermont state law requires that the election officials request a recount in the event of a tie vote except for those in local elections. The recount must be requested within seven days after the election. There is no set deadline for the completion of such a recount.[123]

Requested recount procedures

Candidates may request a recount under the following circumstances:

  • Federal, statewide, county, and state Senate offices: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 2% of all votes cast in the election divided by the number of persons to be elected.[124]
  • State House: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 5% divided by the number of persons to be elected.[124]
  • Local offices: if the difference between the number of votes cast for a winning and a defeated candidate is less than or equal to 5% of the total votes cast for all candidates for an office divided by the number of persons to be elected.[125]

The deadline to request a recount of these types is no later than seven days after the election.

Voters may request recounts for local ballot measures if the measure passed or failed by a margin less than or equal to 5% of the total votes cast on the measure. The number of voters required to request a recount varies based on the type of measure. The deadline to request a recount of this type is no later than ten days after the election.[126]

All requested recounts are paid for by the state.[127] There is no set deadline for the competition of a requested recount.

For more information about recount procedures in Vermont, click here.

Virginia

See also: Recount laws in Virginia

Automatic recount procedures

Virginia does not require automatic recounts.

Requested recount procedures

Candidate-requested recounts
A candidate may request a recount of his or her race under the following circumstances:[128]

  • Candidate whose name appeared on the ballot: if the margin between the requester and the winning candidate is less than or equal to 1% of the total votes cast for the two candidates.
  • Write-in candidate: if the margin between the write-in requester and the winning candidate is less than or equal to 5% of the total votes cast for the two candidates.

The state covers the cost of a recount if the margin between the requester and the winning candidate is less than or equal to 0.5% of the total votes cast for the two candidates.[129]

Voter-requested recounts
A group of 50 or more voters may request a recount for a ballot measure if the margin between those for and those against the measure is either less than or equal to 50 votes or 1% of the total votes cast on the measure, whichever is greater.[128]

The state does not cover the cost of any voter-requested recount.

All recounts
In instances where the cost of the recount is not covered by the state, the requester is responsible for costs associated with the recount. If the recount changes the outcome of the election, the requester is refunded.[129]

The deadline to request a recount for any election other than the election of presidential electors is no later than 10 days after the certification of results. There is no set deadline for the competition of these requested recounts.[130]

The deadline to request a recount for the election of presidential electors no later than 5:00 p.m. on the second calendar day after the certification of results. Such a recount must be completed at least six days before the meeting of the Electoral College.[131]

For more information about recount procedures in Virginia, click here.

Washington

See also: Recount laws in Washington

Automatic recount procedures

Washington requires an automatic machine recount under the following circumstances:

  • For any election: if the number of votes cast for the closest defeated candidate is less than 2,000 and less than 0.5% of the total number of votes cast for both candidates.

A manual recount is required for narrower margins:

  • For statewide elections: if the difference in the number of votes cast for the apparent winner and the closest defeated candidate is less than 1,000 votes and less than 0.25% of the total number of votes cast for both candidates.
  • For non-statewide elections: if the difference in the number of votes cast for the apparent winner and the closest defeated candidates is less than 150 votes and less than 0.25% of the total number of votes cast for both candidates.

A full recount is also automatically required if a requested partial recount changes an election outcome.[132]

These requirements are the same for elections featuring candidates and those regarding statewide ballot measures. They do not apply to state advisory votes or local ballot measures.[133] State law does not specify a deadline for the completion of an automatic recount.

Requested recount procedures

Washington allows requested recounts using the following guidelines:

An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.


Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.[34]

RCW 29A.64.011

The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. A requester may also receive a refund if the amount paid for the recount is greater than the actual cost of the recount.[134] The deadline to request a recount is within two business days after the election canvass.[135] State law does not specify a deadline for the completion of a requested recount.

For more information about recount procedures in Washington, click here.

West Virginia

See also: Recount laws in West Virginia

Automatic recount procedures

West Virginia does not require automatic recounts.

Requested recount procedures

Any candidate may request a recount of his or her race. Any voter may request a recount of ballot measure results so long as they are a voter in the jurisdiction where the measure appeared on the ballot. The deadline to request a recount is no later than 48 hours after the canvass, excluding weekends and legal holidays. The requester is responsible for costs associated with the recount unless the recount changes the outcome of the election, in which case the requester is refunded. State law does not specify a deadline for the completion of a requested recount.[32]

For more information about recount procedures in West Virginia, click here.

Wisconsin

See also: Recount laws in Wisconsin

Automatic recount procedures

Wisconsin does not require automatic recounts.

Requested recount procedures

A candidate may request a recount if he or she trails the leading candidate by no more than 40 votes in an election where 4,000 or fewer votes were cast. For elections where more than 4,000 votes were cast, a candidate may request a recount if he or she trails the leading candidate by no more than 1% of the total votes cast for the office. Additionally, any voter who voted on a ballot measure may request a recount of those results regardless of the margin. If the results are within the following close vote margins, the state is responsible for costs:[32]

If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 4,000 or fewer votes are cast or not more than 0.25 percent of the total votes cast for the office or on the question if more than 4,000 votes are cast following canvassing of all valid provisional and absentee ballots, the petitioner is not required to pay a fee.[34]
Wisconsin State Legislature

In all other instances, the requester is responsible for costs associated with the recount unless the recount changes the outcome of the election, in which case the costs are refunded. A requester may also receive a refund if the amount paid was greater than the actual cost of the recount.[136] The deadline to request a recount is no later than 5:00 p.m. on the third business day following the canvass. In the case of a presidential election recount, the deadline is no later than 5:00 p.m. on the first business day following the canvass. The deadline to complete a requested recount is no more than 13 days after the date the recount was ordered.[137]

For more information about recount procedures in Wisconsin, click here.

Wyoming

See also: Recount laws in Wyoming

Automatic recount procedures

Wyoming requires an automatic recount under the following circumstances:

Offices:

(a) The county canvassing board shall make a recount of precinct votes if it appears to the board that a recount is required due to irregularities in that precinct.

(b) There shall be a recount made of all the votes cast for any office in which the difference in number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than one percent (1%) of the number of votes cast for the winning candidate receiving the least number of votes cast for that office. This recount shall be made in the entire district in which the candidates are standing for election.[34]

Wyo. Stat. § 22-16-109

Ballot measures:

A recount will be made if the proposition receives a number of votes, greater or lesser, within one percent (1%) of the number of votes required for passage. The one percent (1%) variance shall be calculated based upon the total number of votes cast on the proposition, except for constitutional amendments in which case the variance shall be calculated based upon the total number of votes cast in the election.[34]
Wyo. Stat. § 22-16-111

The deadline to complete an automatic recount is no later than 72 hours after the recount is mandated.[138]

Requested recount procedures

Wyoming allows requested recounts under the following circumstances:

Offices:

(a) A candidate may obtain a recount of votes for the office he is seeking by making and filing an affidavit alleging that fraud or error occurred in counting, returning or canvassing the votes cast in any part of the district in which he is standing for election. The affidavit shall be filed in the same office the candidate filed his application for nomination:
(i) Not later than two (2) days after the county canvass has been completed if the office is certified by the county canvassing board;
(ii) Not later than two (2) days after the state canvass has been completed if the office is certified by the state canvassing board.[34]
Wyo. Stat. § 22-16-110

Ballot measures:

A recount will be made if requested in an affidavit signed by twenty-five (25) electors registered in a district voting on the question. The affidavit shall be filed with the county clerk not later than two (2) days after the county canvass has been completed for propositions voted on in one (1) county, and with the secretary of state not later than two (2) days after the state canvass has been completed for propositions voted on in more than one (1) county.[34]
Wyo. Stat. § 22-16-111


In both instances, the requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded.[139] The deadline to complete a requested recount is no later than 72 hours after the request.[138]

For more information about recount procedures in Wyoming, click here.

See also

Footnotes

  1. Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  2. A court may order a recount under Arizona law.
  3. Citizens for Election Integrity Minnesota, "Recount Database Glossary," accessed April 28, 2021
  4. If a discrepancy or error is apparent in the returns, the secretary of state or, in certain circumstances, the county superintendent of elections may request a recount at his or her discretion. Ballotpedia categorizes this as a requested recount.
  5. Citizens for Election Integrity Minnesota, "Recount Database Glossary," accessed April 28, 2021
  6. 6.0 6.1 Some states allow an interested party other than a candidate or voter to request a recount. The most common example of this is states where an election official can request a recount. Typically, these types of requested recounts do not require a specified margin of victory. Instead, they can be requested at will or if an election official discovers a discrepancy in the vote totals. For more specific recount laws by state, click here. Cite error: Invalid <ref> tag; name "other" defined multiple times with different content
  7. Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  8. A court may order a recount under Arizona law.
  9. This threshold was set in 2019 following the passage of H.B. 319.
  10. Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  11. A court may order a recount under Arizona law.
  12. This category encompasses instances where the state government pays for recounts and those states where counties pay.
  13. A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  14. Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  15. In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  16. The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  17. For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  18. No mention in state law.
  19. No mention in state law.
  20. The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
  21. Code of Alabama, "Section 17-16-20," accessed December 13, 2017
  22. 22.0 22.1 Code of Alabama, "Section 17-16-21," accessed December 13, 2017
  23. Code of Alabama, "Section 17-16-40," accessed December 13, 2017
  24. Election Law Blog, "Breaking: Under Alabama Law, Roy Moore May Not Be Able to Request a Recount If The Margin is More than 0.5%," December 12, 2017
  25. The Alaska State Legislature, "AS 15.15.460," accessed Oct. 16, 2020
  26. The Alaska State Legislature, "Authorization of recount application," accessed Oct. 16, 2020
  27. The Alaska State Legislature, "Procedure for recount," accessed Oct. 16, 2020
  28. The Alaska State Legislature, "Costs of recount; requirement of deposit," accessed Oct. 16, 2020
  29. Arizona State Senate, "Senate Bill 1008," accessed November 4, 2022
  30. Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  31. A court may order a recount under Arizona law.
  32. 32.00 32.01 32.02 32.03 32.04 32.05 32.06 32.07 32.08 32.09 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 32.36 32.37 32.38 32.39 32.40 32.41 32.42 32.43 32.44 32.45 32.46 32.47 32.48 32.49 32.50 32.51 Justia, "AR Code § 7-5-319 (2019)," accessed Oct. 16, 2020 Cite error: Invalid <ref> tag; name "law" defined multiple times with different content Cite error: Invalid <ref> tag; name "law" defined multiple times with different content Cite error: Invalid <ref> tag; name "law" defined multiple times with different content Cite error: Invalid <ref> tag; name "law" defined multiple times with different content
  33. The governor's ability to call a recount of the office of Superintendent of Public Instruction is subject to different requirements, which can be found here.
  34. 34.00 34.01 34.02 34.03 34.04 34.05 34.06 34.07 34.08 34.09 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 34.37 34.38 34.39 34.40 34.41 34.42 34.43 34.44 34.45 34.46 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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  43. In these latter cases, candidates may contest an election outcome, which is a separate process but could include a recount.
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  73. The link here provides the citation for the governance of town recount elections. Statutes regarding village district and school board elections both cite this statute when it comes to procedure.
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