Recount laws in Utah

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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 Utah. 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 Utah.[1]

  • Does state law require automatic recounts?
    • Yes, but only in municipalities that have adopted ranked-choice voting when certain margins are met while tabulating the vote. See below to learn more.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, the recount can be requested within seven days of the canvass. The margin required is less than or equal to 0.25% of the total votes cast in the race or a difference of one vote if the total votes cast is less than or equal to 400. There is no deadline for completion.
  • Who pays for a requested recount?
    • Varies. The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
  • Is a refund available for requested recount costs?
    • No.
  • Can a partial recount be requested?
    • No.

Utah recount procedures

Automatic recount procedures

Utah requires automatic recounts in municipalities that have adopted ranked-choice voting if certain margins are met during the course of tabulating the vote. More information about those thresholds and Utah's Municipal Alternative Voting Methods Pilot Project can be found here.

Utah does not require automatic recounts for any other type of election.

Requested recount procedures

Utah allows losing candidates to request a recount under the following circumstances:

“ (b) ... [I]f the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is equal to or less than .25% of the total number of votes cast for all candidates in the race ...


(c) For a race between candidates where the total of all votes cast in the race is 400 or less, if the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is one vote ...[2]

”
—Utah Code, 20A-4-401

The deadline to request such recounts is before 5:00 p.m. on the third day after the canvass for municipal primary elections and before 5:00 p.m. on the seventh day after the canvass for all other elections. The state covers the cost of candidate-requested recounts.[3]

Voters may request a recount of ballot measure results under the following circumstances:

“ (a) ... [I]f the proposition passes or fails by a margin that is equal to or less than .25% of the total votes cast for or against the proposition, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount before 5 p.m. within seven days after the day of the canvass ...


(b) For a ballot proposition or a bond proposition where the total of all votes cast for or against the proposition is 400 or less, if the difference between the number of votes cast for the proposition and the number of votes cast against the proposition is one vote, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount before 5 p.m. within seven days after the day of the canvass ...[2]

”
—Utah Code, 20A-4-401

Requesters cover the cost of voter-requested recounts.[4]

There is no set deadline for the completion of requested recounts.

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

Utah voting equipment

See also: Voting methods and equipment by state

Utah 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."[5][6]

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. ↑ Utah Code, "20A-4," 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. ↑ Utah Code, "20A-4-401(3)," accessed Oct. 19, 2020
  4. ↑ Utah Code, "20A-4-401(2)(f)," accessed Oct. 19, 2020
  5. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  6. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  7. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  8. ↑ A court may order a recount under Arizona law.
  9. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  10. ↑ 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.
  11. ↑ 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.
  12. ↑ 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.
  13. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  14. ↑ 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.
  15. ↑ No mention in state law.
  16. ↑ No mention in state law.
  17. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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