Recount laws in New York

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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 York. 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 York.[1]

  • Does state law require automatic recounts?
    • Yes. An automatic recount may be triggered if election officials identify vote total discrepancies or as the outcome of a mandated post-election audit of voting machines. See below for specific guidelines.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, a candidate in a village election can request a recount as can a village election official. The deadline to request such a recount is no later than two days after the election. The deadline to complete the recount is no later than five days after the date the recount notice was given. A court may also independently request a recount.
  • Who pays for a requested recount?
    • Unclear. No mention in state law.
  • Is a refund available for requested recount costs?
    • There is no refund mentioned in state law.
  • Can a partial recount be requested?
    • No.

New York recount procedures

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.[2]

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.[3] Discrepancies discovered during this audit might escalate to the point where a binding automatic recount is required.[4] Click here to view the protocols used during such an audit.

Requested recount procedures

A court may independently request a recount.[5] 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.[6]

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

New York voting equipment

See also: Voting methods and equipment by state

New York uses paper ballots for its elections. To learn more about voting methods and equipment in New York and other states, see this article.[7][8]

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, "NY Elec L § 9-208 (2019)," accessed October 16, 2020
  2. ↑ National Conference of State Legislatures, "Election Recounts," accessed November 4, 2022
  3. ↑ Justia, "NY Elec L § 9-211 (2019)," accessed Oct. 20, 2020
  4. ↑ Citizens for Election Integrity Minnesota, "New York Recount Laws," accessed Oct. 20, 2020
  5. ↑ Justia, "NY Elec L § 16-106 (2019)," accessed Oct. 20, 2020
  6. ↑ Justia, "NY Elec L § 15-126 (2019)," accessed Oct. 20, 2020
  7. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  8. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  9. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  10. ↑ A court may order a recount under Arizona law.
  11. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  12. ↑ 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.
  13. ↑ 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.
  14. ↑ 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.
  15. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  16. ↑ 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.
  17. ↑ No mention in state law.
  18. ↑ No mention in state law.
  19. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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