Recount laws in Alabama

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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.


Note: The content below describes recount procedures in Alabama. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Alabama.[1]

  • Does state law require automatic recounts?
    • Yes, when a public office or statewide ballot measure is decided by 0.5% or less in a general election.
  • When must an automatic recount be completed?
    • Within 72 hours of the certification of results.
  • Can a recount be requested?
    • Yes, the recount must be requested within 48 hours of the official county canvass. No margin is required and there is no set deadline for completion.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome.
  • Can a partial recount be requested?
    • Yes.

Alabama recount procedures

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."[2]

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."[3][4]

The relevant state statutes suggest recounts cannot be requested in elections for the U.S. Senate and U.S. House.[5]

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.[3]

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

Alabama voting equipment

See also: Voting methods and equipment by state

Alabama uses paper ballot systems for its elections.[6][7]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Case Text, "Code of Alabama 16-20,21," accessed October 16, 2020
  2. ↑ Code of Alabama, "Section 17-16-20," accessed December 13, 2017
  3. ↑ 3.0 3.1 Code of Alabama, "Section 17-16-21," accessed December 13, 2017
  4. ↑ Code of Alabama, "Section 17-16-40," accessed December 13, 2017
  5. ↑ 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
  6. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  7. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  8. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  9. ↑ A court may order a recount under Arizona law.
  10. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  11. ↑ 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.
  12. ↑ 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.
  13. ↑ 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.
  14. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  15. ↑ 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.
  16. ↑ No mention in state law.
  17. ↑ No mention in state law.
  18. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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