Recount laws in Rhode Island

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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 Rhode Island. 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 Rhode Island.[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. For general elections and any election involving a ballot measure, the deadline is no later than 4:00 p.m on the seventh day following the declaration of results. The deadline to request a recount of a primary election is no later than 4:00 p.m. the day following the primary. Margin requirements for requesting a recount vary by office and election type, as described below. There is no set deadline for completion.
  • Who pays for a requested recount?
    • Unclear. State law does not specify who is responsible for costs.[2]
  • Is a refund available for requested recount costs?
    • There is no refund mentioned in state law.
  • Can a partial recount be requested?
    • No.

Rhode Island recount procedures

Automatic recount procedures

Rhode Island does not require automatic recounts.

Requested recount procedures

In Rhode Island, a candidate can request a recount under the following conditions:[3]

  • Offices for which only one candidate can be elected:
    • If the total number of votes cast for the office in question is less than or equal to 20,000, a candidate can request a recount if he or she trails the winning candidate by 2 percent of votes cast or 200 votes, whichever is less.
    • If the total number of votes cast for the office in question is between 20,001 and 100,000, a candidate can request a recount if he or she trails the winning candidate by 1 percent of votes cast or 500 votes, whichever is less.
    • If the total number of votes cast for the office in question is greater than 100,000, a candidate can request a recount if he or she trails the winning candidate by 0.5 percent of votes cast of 1,500 votes, whichever is less.
  • Offices for which multiple candidates can be elected:
    • If the total number of votes cast for the office in question is less than or equal to 5,000, a candidate can request a recount if he or she trails the winning candidates by 2 percent of votes cast or 50 votes, whichever is less.
    • If the total number of votes cast for the office in question is between 5,001 and 20,000, a candidate can request a recount if he or she trails the winning candidates by 1 percent of votes cast or 100 votes, whichever is less.
    • If the total number of votes cast for the office in question is greater than 20,000, a candidate can request a recount if he or she trails the winning candidates by 0.5 percent of votes cast or 150 votes, whichever is less.

In the case of ballot questions, individual voters and/or groups may request a recount under the following conditions:[4]

  • For ballot questions for which fewer than 100,000 votes are cast, the margin of victory must be 2 percent or less.
  • For ballot questions for which more than 100,000 votes are cast, the margin of victory must be 1 percent or less.

Election officials may request a recount in response to error, irregularities, or improprieties in the conduct of an election.[5][6]

The deadline to request a recount of a primary election is no later than 4:00 p.m. the day following the primary. For general elections and any election involving a ballot measure, the deadline is no later than 4:00 p.m on the seventh day following the declaration of results. There is no deadline for the completion of a requested recount. State law does not specify who is responsible for the costs of a requested recount.

For more information about recount procedures in Rhode Island, click here.

Rhode Island voting equipment

See also: Voting methods and equipment by state

Rhode Island uses paper ballot systems for its elections.[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. ↑ State of Rhode Island, "Title 17," accessed October 16, 2020
  2. ↑ Center for Election Integrity Minnesota, "Rhode Island Recount Laws," accessed Oct. 20, 2020
  3. ↑ Rhode Island Statutes, "Section 17-19-37.1," accessed September 11, 2018
  4. ↑ Citizens for Election Integrity Minnesota, "Rhode Island Recount Laws," updated April 25, 2016
  5. ↑ Rhode Island State Legislature, "17-15-34," accessed Oct. 19, 2020
  6. ↑ Rhode Island State Legislature, "17-22-5.1," accessed Oct. 19, 2020
  7. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  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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