Recount laws in Ohio

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Election recount procedures are adopted and implemented primarily at the state level. These procedures, along with other election policies, are sometimes the subject of debate and reform efforts, given the complexity of these policies and the high-stakes nature of partisan politics.

Note: The content below describes recount procedures in Ohio. 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 Ohio.[1]

  • Does state law require automatic recounts?
    • Yes, when the margin is less than or equal to 0.25% for statewide races and 0.5% for district, county, and municipal races.
  • When must an automatic recount be completed?
    • Within 10 days after the recount is ordered. For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College.
  • Can a recount be requested?
    • Yes, the recount can be requested within five days after official results are certified. The deadline for completion is within 10 days of the request. For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College. No margin is required.
  • 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. If the percentage in a precinct changes by 4% or more, the cost of recounting any such precinct will be refunded.
  • Can a partial recount be requested?
    • Yes.

Ohio recount procedures

Automatic recount procedures

Ohio requires automatic recounts under the following circumstances for candidates and ballot measures:[2]

  • County, municipal, and district elections: if the margin between the winning candidate and the next closest candidate is less than or equal to 0.5% of the total vote.
  • Statewide elections: if the margin between the winning candidate and the next closes candidate is less than or equal to 0.25% of the total vote.

The deadline for the completion of an automatic recount is no later than ten days after the recount was ordered.[3] For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College.[4]

Requested recount procedures

Any candidate who received votes in an election but was not the winner may request a recount. A group of five or more registered voters may request a recount of any ballot measure.[5]

The requester is responsible for costs associated with the recount unless the recount changes the election outcome in the requester's favor, in which case costs are refunded. If the recount changed the results in a precinct by 4% or more in favor of the requester, the cost of the recount in any such precinct is refunded to the requester even if the overall recount did not change the election outcome.[6]

The deadline to request a recount is no later than five days after the declaration of results.[7] The deadline for the completion of a requested recount is no later than ten days after the date the request was made except for in the case of a requested presidential recount, which must be completed no later than six days before the meeting of the Electoral College.[3][4]

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

Ohio voting equipment

See also: Voting methods and equipment by state

Ohio uses paper and Direct Recording Electronic (DRE) ballot 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."[8][9]

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. ↑ Ohio Revised Codes, "3515.01-072," accessed October 16, 2020
  2. ↑ Ohio Revised Codes, "3515.011," accessed Oct. 20, 2020
  3. ↑ 3.0 3.1 Ohio Revised Codes, "3515.03," accessed Oct. 20, 2020
  4. ↑ 4.0 4.1 Ohio Revised Codes, "3515.041," accessed Oct. 20, 2020
  5. ↑ Ohio Revised Codes, "3515.01," accessed Oct. 20, 2020
  6. ↑ Ohio Revised Statutes, "3515.07," accessed Oct. 20, 2020
  7. ↑ Ohio Revised Statutes, "3515.02," accessed Oct. 20, 2020
  8. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  9. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  10. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  11. ↑ A court may order a recount under Arizona law.
  12. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  13. ↑ 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.
  14. ↑ 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.
  15. ↑ 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.
  16. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  17. ↑ 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.
  18. ↑ No mention in state law.
  19. ↑ No mention in state law.
  20. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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