Recount laws in Georgia

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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 Georgia. 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 Georgia.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes. Election officials, including the secretary of state, may request recounts under certain circumstances explained below. These recounts may be conducted before the certification of election results. A losing candidate may also request a recount if the margin is less than or equal to 0.5%. This threshold was set in 2019 following the passage of H.B. 319. There are no set deadlines for the completion of a candidate-requested recount.
  • Who pays for a requested recount?
    • 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.[2]
  • Is a refund available for requested recount costs?
    • Not applicable. According to the Secretary of State, the state covers the cost of requested recounts.[3]
  • Can a partial recount be requested?
    • No.

Georgia recount procedures

Automatic recount procedures

Georgia does not require automatic recounts.

Requested recount procedures

Under Georgia law, recounts may be requested under the following conditions:[4]

  • 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."[5]

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

Georgia voting equipment

See also: Voting methods and equipment by state

Georgia uses Direct Recording Electronic (DRE) Systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[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. ↑ Justia, "GA Code § 21-2-495 (2019)," accessed October 16, 2020
  2. ↑ Center for Election Integrity Minnesota, "Georgia Recount Laws," accessed Oct. 19, 2020
  3. ↑ Center for Election Integrity Minnesota, "Georgia," accessed Oct. 16, 2020
  4. ↑ Justia, "GA Code § 21-2-495 (2019)," accessed Oct. 18, 2020
  5. ↑ Citizens for Election Integrity Minnesota, "Georgia," accessed Oct. 19, 2020
  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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