Recount laws in Idaho

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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 Idaho. 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 Idaho.[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. No margin is required, but margins affect who is responsible for costs. The request must be made within 20 days of the state or county canvass. The deadline for completion is within 10 days of the recount order.
  • Who pays for a requested recount?
    • Varies. The state, if the results for an office or ballot measure are less than or equal to either five votes or 0.1% of all votes cast, whichever is greater. The requester, if the results are outside of those margins.
  • Is a refund available for requested recount costs?
    • Yes. 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.
  • Can a partial recount be requested?
    • Yes.

Idaho recount procedures

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.[1]

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.[1]

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.[1]

The deadline for completion of a requested recount is no more than ten days from the date the recount was ordered.[1]

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

Idaho voting equipment

See also: Voting methods and equipment by state

Idaho uses paper and Direct Recording Electronic (DRE) systems for its elections. The state requires 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."[2][3]

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. ↑ 1.0 1.1 1.2 1.3 1.4 Idaho State Legislature, "34-2301-2309," accessed October 16, 2020
  2. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  3. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  4. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  5. ↑ A court may order a recount under Arizona law.
  6. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  7. ↑ 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.
  8. ↑ 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.
  9. ↑ 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.
  10. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  11. ↑ 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.
  12. ↑ No mention in state law.
  13. ↑ No mention in state law.
  14. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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