Recount laws in Vermont

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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 Vermont. 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 Vermont.[1]

  • Does state law require automatic recounts?
    • Yes, in the event of a tie vote, state law requires election officials to request a recount except for ties in local elections.
  • When must an automatic recount be completed?
    • The deadline to make such a request is within seven days after the election. There is no set deadline for completion.
  • Can a recount be requested?
    • Yes, the recount can be requested within seven days after the election for offices and within ten days for local ballot measures. The required margins vary between office and election type, as described below. There is no deadline for completion.
  • Who pays for a requested recount?
    • The state.
  • Is a refund available for requested recount costs?
    • Not applicable. The state covers the cost of requested recounts.
  • Can a partial recount be requested?
    • No.

Vermont recount procedures

Automatic recount procedures

Vermont state law requires that the election officials request a recount in the event of a tie vote except for those in local elections. The recount must be requested within seven days after the election. There is no set deadline for the completion of such a recount.[2]

Requested recount procedures

Candidates may request a recount under the following circumstances:

  • Federal, statewide, county, and state Senate offices: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 2% of all votes cast in the election divided by the number of persons to be elected.[3]
  • State House: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 5% divided by the number of persons to be elected.[3]
  • Local offices: if the difference between the number of votes cast for a winning and a defeated candidate is less than or equal to 5% of the total votes cast for all candidates for an office divided by the number of persons to be elected.[4]

The deadline to request a recount of these types is no later than seven days after the election.

Voters may request recounts for local ballot measures if the measure passed or failed by a margin less than or equal to 5% of the total votes cast on the measure. The number of voters required to request a recount varies based on the type of measure. The deadline to request a recount of this type is no later than ten days after the election.[5]

All requested recounts are paid for by the state.[6] There is no set deadline for the competition of a requested recount.

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

Vermont voting equipment

See also: Voting methods and equipment by state

Vermont uses paper ballots for its elections. To learn more about voting methods and equipment in Vermont 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. ↑ Vermont State Legislature, "17-51-2601,2602," accessed October 16, 2020
  2. ↑ Vermont State Legislature, "17 V.S.A. § 2592," accessed Oct. 22, 2020
  3. ↑ 3.0 3.1 The Vermont Statutes Online, "§ 2601. Recount threshold," accessed Oct. 19, 2020
  4. ↑ The Vermont Statutes Online, "§ 2683. Request for a recount; candidates," accessed Oct. 19, 2020
  5. ↑ The Vermont Statutes Online, "§ 2688. Recount on question submitted," accessed Oct. 19, 2020
  6. ↑ The Vermont Statutes Online, "§ 2602i. Costs," accessed Oct. 19, 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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