Recount laws in New Jersey

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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 New Jersey. 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 New Jersey.[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, the recount can be requested within 17 days of the election. 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 or if it changes the percentage by 10% or more or 10 votes or more, whichever is greater, in any district.
  • Can a partial recount be requested?
    • Yes.

New Jersey recount procedures

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.[2] ”
—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.[2] ”
—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.[3]

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 Jersey voting equipment

See also: Voting methods and equipment by state

New Jersey uses Direct Recording Electronic (DRE) ballot 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."[4][5]

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, "19:28-1,2,3," accessed October 16, 2020
  2. ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ NJ Rev Stat § 19:28-2 (2019)," accessed Oct. 20, 2020
  4. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  5. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  6. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  7. ↑ A court may order a recount under Arizona law.
  8. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  9. ↑ 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.
  10. ↑ 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.
  11. ↑ 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.
  12. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  13. ↑ 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.
  14. ↑ No mention in state law.
  15. ↑ No mention in state law.
  16. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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