Election recount rules, processes vary by state
LOS ANGELES - With the U.S. presidential race so close in many states, many voters are wondering about the recount process.
Some states have automatic recounts if the margin of victory is very narrow, while others allow only the candidates or an election official to request one. In some states, voters are also allowed to request a recount.
How long does a recount take?
The length of time a recount can take varies depending on the number of ballots cast, as well as the method used to recount the votes. But federal law mandates that ballots cast in presidential elections must be counted in time for the Electoral College meeting, which happens this year on Dec. 14.
The Electoral Count Act, passed by Congress in 1887, sets that date and also contains a “safe harbor” clause that frees a state from further legal challenge if it certifies its results at least six days before the Electoral College meeting.
That gives states more than a month to settle any challenges following Election Day. If they do so by the “safe harbor” date, which falls on Dec. 8 this year, Congress must accept the state’s electoral votes.
If a state has not yet resolved any recounts by that date, it risks losing its vote in the Electoral College, according to the U.S. Election Assistance Commission.
Two states, Ohio and Virginia, specify in their state laws that a presidential election recount must be completed at least six days before the meeting of the Electoral College, according to BallotPedia.
What are the recount laws in each state?
ALABAMA
Any person with standing to contest a municipal election may petition the canvassing authority for a recount of any or all precinct returns. The time period for requesting a recount ends 48 hours after the official canvass of returns by the municipal governing body.
The petitioner must be prepared to pay the cost of the recount and must be required to give security to cover these costs in an amount as determined by the municipal governing body based upon an estimate of actual costs.
The recount must be conducted under the supervision of a trained and certified poll official. Representatives of opposing interests shall be given at least 24 hours' notice and shall be invited to participate in the recount.
For more information, click here.
ALASKA
A tie will trigger a mandatory recount. Any defeated candidate can request a recount.
Voters may request a recount for propositions, ballot questions and offices, but a minimum of ten qualified voters is needed to make the request within five days after the completion of the state review.
The deadline for the offices of governor and lieutenant governor is within three days after the completion of the review. The deadline for other candidates is within five days after the completion of the review.
For more information, click here.
ARIZONA
A mandatory recount is ordered depending on the size of the margin between two candidates. There’s no provision allowing a candidate or a voter tor request a recount.
The superior court will determine when the recount will be held.
For more information, click here.
ARKANSAS
Any election commission or dissatisfied candidate can request a recount.
For more information, click here.
CALIFORNIA
There’s no provision for a mandatory recount. A voter may file a recount request within five days beginning on the 31st day after a statewide election, or within five days following completion of any post canvass risk-limiting audit.
For more information, click here.
COLORADO
A mandatory recount will be ordered if the result between candidates is less than or equal to one-half or one percent of the highest votes cast. An “interested party” may also request a recount no later than 28 days after the election.
For more information, click here.
CONNECTICUT
The election moderator (the person in charge of the polling place or central absentee counting location) may conduct a recanvass if they believe there to be discrepancies in any of the returns. The moderator may initiate a recanvass any time within three days after the election. Recanvass officials must meet by the fifth business day after the election to begin the recanvass.
Connecticut has two different thresholds for a close vote margin to trigger a recanvass. For general elections, the difference between the apparent winning candidate and the next candidate must be "(1) less than a vote equivalent to one-half of one per cent of the total number of votes cast for the office but not more than two thousand votes, or (2) less than twenty votes."
Note that the first initiating mechanism has two margins described (less than 0.5% and less than two thousand votes). The election results must fall within both margins to qualify for a recanvass. The second initiating mechanism has only a single margin (less than 20 votes).
For more information, click here.
DELAWARE
Any candidate for statewide office in a general election may apply to the court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of 1% of all votes cast for the two candidates, whichever amount is less.
The request for a recount must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner’s contest.
For more information, click here.
FLORIDA
The secretary of state can order a recount. A machine recount occurs when the margin is less than or equal to 0.5% total votes for office. If the machine recount returns a margin of defeat less than or equal to 0.25% of total votes, a manual recount of over/under votes occurs, according to Ballotpedia.
For more information, click here.
GEORGIA
According to FOX 5 Atlanta, if no federal candidate receives 50% +1 vote on Nov. 3, the top two vote-getters advance to a Jan. 5, 2021, runoff. Georgia law also states that a recount must happen within two business days following the certification of results.
RELATED: Recount laws in Georgia: What are the rules
HAWAII
An automatic recount will happen when the margin is victory is .5% or less.
For more information, click here.
IDAHO
Any candidate can request a recount under certain conditions.
For more information, click here.
ILLINOIS
A candidate or voter may appeal to the court for a recount. A candidate may also request a recount on his/her own under certain conditions.
For more information, click here.
INDIANA
The State Recount Commission handles recounts. A candidate, or party chairperson, may request a recount.
Petitions must be filed no later than 12 p.m. two weeks after the election. Party chairs are given an additional three days after this date to petition if a candidate fails to file.
For more information, click here.
IOWA
A candidate may request a recount.
For most elections, recount requests must be filed no later than 5 p.m. on the third day after the county canvass of votes. For city primary elections and the regular city election in cities with runoff provisions, the deadline is 5 p.m. on the day after the county canvass of votes.
For more information, click here.
KANSAS
An election official may request a recount if there are suspected errors. A candidate may request a recount if the margin of victory is less than .5%
For more information, click here.
KENTUCKY
Precinct or county election officials may request a recount if there are suspected errors. A candidate may also request a recount.
For more information, click here.
LOUISIANA
The absentee by mail and early voting ballots may be recounted.
A candidate or a person who voted on a proposition election may request the recount of absentee and early voting ballots by filing a written request with the clerk of court if the number of absentee and early voting ballots cast for all candidates for an office or for the proposition could make a difference in the outcome of the election.
A candidate or a voter may also request the inspection of mail envelope flaps removed from the valid absentee by mail ballots and the flaps removed from the valid early voting ballots when paper ballots are used for early voting.
Any written request must be received by the clerk of court no later than 4:30 pm on the last working day prior to the date for recount. This is the fourth day following the election, unless it is advanced due to a holiday.
For more information, click here.
MAINE
A candidate who is the apparent loser and who desires a recount must file with the secretary of state a written request for a recount within five business days after the election.
In an election determined by ranked‑choice voting, only a candidate who received one of the top three rankings at the end of the penultimate round of ranked‑choice counting may request a recount.
For more information, click here.
MARYLAND
A candidate for public or party office who has been defeated in any election may petition for a recount of the votes cast for the office sought. The petition must be filed within three days after the results of the election have been certified by the local board of canvassers if the contest is in one county, or by the State Board of Canvassers if the contest is in multiple counties.
An opposing candidate of the petitioner may file a counterpetition if the recount petition did not request a recount all of the precincts in which the office was on the ballot and, if on completion of the recount, the winner of the election is changed. The counter-petition must be filed within two days after the determination of the recount.
For more information, click here.
MASSACHUSETTS
Candidates may initiate a recount by petitioning the local election official in the city or town in which the recount is being requested. Only candidates for an office to be recounted may petition for a recount. Any registered voter of the city or town may petition for a recount of a ballot question.
For more information, click here.
MICHIGAN
A candidate for a federal, state, county, city, township, village, or school office who believes that the canvass of the votes cast on the office is incorrect because of fraud or error in the precinct returns may petition for a recount of the votes cast in the precincts involved. Candidates seeking a precinct delegate position do not have the right to petition for a recount.
For more information, click here.
RELATED: President Trump files lawsuit in Michigan to halt counting votes, citing lack of access
MINNESOTA
A candidate or secretary of state may request a recount. A post-election audit may also trigger a recount. A voter may request a recount for a ballot question.
For more information, click here.
MISSISSIPPI
The state does not have any provision for a recount.
MISSOURI
Election officials may appeal to the circuit court for a recount if errors are suspected. Voters and candidates may also ask for a recount if they suspect errors or irregularities.
For more information, click here.
MONTANA
A tie would trigger an automatic recount. An unsuccessful state or federal candidate can request a manual recount of votes cast by filing a petition with the secretary of state within five days after the official statewide canvass if the margin of defeat does not exceed one-fourth of 1% of the total votes cast. There are also other conditions a candidate can request a recount.
For more information, click here.
NEBRASKA
If it appears as evidenced by the abstract of votes that any candidate failed to be nominated or elected by a margin of one percent or less of the votes received by the candidate who received the highest number of votes for the office at an election in which more than 500 total votes were cast or 2% or less of the votes received by the candidate who received the highest number of votes for the office at an election in which 500 or less total votes were cast, then such candidate shall be entitled to a recount.
For more information, click here.
NEVADA
Any apparently defeated candidate in any election may apply for a recount. Any individual voter may file for a recount on any ballot question in any election.
For more information, click here.
NEW HAMPSHIRE
For presidential primaries, state law allows any person receiving at least 9 percent of the vote to apply for a recount. Any question to amend the Constitution shall be recounted upon the receipt of petitions of 100 voters and provided that the proposal was adopted or failed by no more than one percent of the vote cast.
For more information, click here.
NEW JERSEY
In any election, any candidate who believes that an error has been made in the counting of the votes for that election may apply for a recount of the votes cast in any district or districts.
Candidates apply to the Superior Court assigned to the county in which the districts to be recounted are located. Voters who believe that an error has been made in the counting of votes upon a public question may apply to a judge of the Superior Court for a recount. A minimum of 10 voters is required to file the request.
For more information, click here.
NEW MEXICO
A close vote margin of one-fourth percent of the total votes cast in that election initiates an automatic, taxpayer-funded recount for a federal or statewide office. A post-election audit may also trigger a recount.
Any candidate who believes that any error or fraud has been committed by any precinct board in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified may file for a recount or recheck.
Requests must be made within six days after completion of the canvass, and election officials must begin the recount not more than 10 days after a request is made.
For more information, click here.
NEW YORK
For most elections, there’s no provision for a recount, but there are limited exceptions, such as discrepancies.
But starting in January 2021, election officials could request a recount where the margin of victory is 20 votes or less; or where the margin of victory is 0.5% or less; or in a contest where 1 million or more ballots have been cast and the margin of victory is less than 5,000 votes.
For more information, click here.
NORTH CAROLINA
According to the State Board of Elections, any mandatory recounts would be conducted by county boards of elections after the county canvass and before the state canvass.
For statewide contests, the vote difference must be 10,000 votes or fewer for a candidate who is the runner-up to demand a recount. For non-statewide contests, the difference between the candidates must be 1% or less of the total votes cast in the contest.
The recount demand must be in writing and received by the State Board of Elections no later than noon on Nov. 17. If a recount is demanded, the State Board of Elections office would issue a schedule, and the counties would conduct recounts individually during open meetings.
For contests under jurisdiction of county boards of elections, a demand for recount must be made in writing to the county board of elections by 5 p.m. Nov. 16.
NORTH DAKOTA
According to state law, an automatic recount is triggered if an individual fails to be elected by a 0.5% or less of the vote cast for the candidate receiving the most votes for the office sought.
A candidate may also request a recount If an individual fails to be elected by more than 0.5% but less than 2% of the vote cast for the candidate receiving the most votes for the office sought.
A candidate must make their demand for a recount within three days of the appropriate canvassing board meeting.
For more information, click here.
OHIO
Any person for whom votes were cast in a primary election for nomination as a candidate for election to an office who was not declared nominated may file with the board of elections of a county a written application for a recount of the votes cast at such primary election in any precinct in such county for all persons for whom votes were cast in such precinct for such nomination.
Any person who was a candidate at a general, special, or primary election for election to an office or position who was not declared elected may file with the board of a county a written application for a recount of the votes cast at such election in any precinct in such county for all candidates for election to such office or position.
The timeline to request a recount varies.
For more information, click here.
OKLAHOMA
Voters and candidates may request that ballots be recounted by hand or retabulated. If they provide no preference regarding the counting method, ballots will be retabulated.
Election officials may retabulate ballots on election night, but only under certain circumstances. The circumstances include a finding that the number of ballots cast does not match the number voters who voted by 2% or more, a machine malfunction that produces a blank or illegible results tape, or the failure of election workers to process emergency ballots through the precinct scanner before issuing final precinct results.
The costs to a candidate initiating a recount depend on the counting method requested. The cost for retabulation conducted by voting machine is $600 per county. The cost for a recount conducted by hand is $600 for the first 3,000 ballots to be counted, and $600 for each additional 6,000 ballots, or fraction thereof, per county.
For more information, click here.
OREGON
A candidate or an officer of a political party on behalf of a candidate of the political party may file a demand requiring the secretary of state to direct that a recount be made in specified precincts in which votes were cast for the nomination or office for which the candidate received a vote.
The person making a demand for a recount may, in the first demand, specify a partial or a full recount. A person making a demand for a partial recount shall specify the precincts in which votes were cast for the nomination or office or on the measure to be recounted.
For more information, click here.
PENNSYLVANIA
An automatic recount will be triggered in Pennsylvania if the winning margin is within 0.5%.
This recount would need to be ordered by the secretary of state by the second Thursday following the election It would begin by the end of the month and must be completed within six days.
A partial recount can be requested in the state.
For more information, click here.
RHODE ISLAND
A recount can be requested based on the following scenario: 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% of votes cast or 1,500 votes, whichever is less.
For general elections and any election involving a ballot measure, the deadline is no later than 4 p.m on the seventh day following the declaration of results. There is no deadline for the completion of a requested recount.
For more information, click here.
SOUTH CAROLINA
State law requires an automatic recount when the margin is less than or equal to 1% of total votes cast for the office, between the number of votes qualifying a candidate to go to a runoff, or between number of votes cast in favor of and opposed to any constitutional amendment, question or issue.
Recounts may not be requested in the state.
For more information, click here.
SOUTH DAKOTA
When it fairly appears that one group of candidates for presidential electors has been elected over another group of such candidates by a margin not exceeding one-fourth of one percent of the total of votes cast for both such groups, the chairman of the state central committee of the political party which nominated either of such groups, or any two or more candidates of either such group, may file with the secretary of state at any time after the election and prior to the canvass by the State Board of Canvassers.
The recount board will review ballots for proper marking procedures and will count the ballots by retabulation. Ballots that are not able to be accurately counted by the automatic tabulating equipment will be reviewed for voter intent and if possible be hand-counted or duplicated for tabulation.
For more information, click here.
TENNESSEEA
recount cannot be requested outright in the state. A recount can only be requested as part of a contested election.
As part of that contested election, a recount may be ordered under any of the following circumstances: a tie vote, an indication of fraud if the number of votes affected would be sufficient to change the result of the election, a malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election, and any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.
The deadline to contest an election outcome is within five days after the certification of the election. There is no deadline specified for the completion of such a recount.
For more information, click here.
TEXAS
In Texas, a recount automatically occurs if there is a tie, according to Ballotpedia. In any other event, a request for a recount needs to come in at least five days after the election day or two days after canvassing is complete.
It also costs money to request a recount and whomever requests the recount must pay. It costs $60 for each precinct that used paper ballots and $100 for precincts that used electronic voting systems, according to the Texas secretary of state’s office.
A refund could also occur in the event a new result comes from the recount, if the requester withdraws their wish to recount or if the request is rejected.
For more information, click here.
UTAH
An automatic recount will be issued when certain margins are met in municipalities that used ranked-choice voting, according to Ballotpedia. Ranked-choice voting is the method of ranking candidates by voter preference.
In the event the ranked-choice voting method was not used, a recount must be requested if the losing candidate in the race is equal to or less than .25% of the total number of votes cast for all candidates in a race, according to the Utah State Legislature.
A losing candidate can also request a recount if there is a difference of one vote if the total votes cast is less than or equal to 400.
The deadline to request a recount is before 5 p.m. on the third day after the canvass for municipal primary elections and before 5 p.m. on the seventh day after the canvass for all other elections.
The state covers the cost of candidate-requested recounts.
For more information, click here.
VERMONT
An automatic recount will be issued if there is a tied vote, according to Ballotpedia.
A recount can be requested within seven days after the election for offices and within 10 days for local ballot measures 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.
All requests for a recount are paid for by the state.
For more information, click here.
VIRGINIA
In Virginia, automatic recounts are not issued, they must be requested.
When there is a difference of less than 1% of the total vote cast for the two candidates as determined by the State Board or the Electoral Board, the defeated candidate may appeal for a recount of the vote, according to the Virginia state legislative information system.
A presidential election recount must be completed no later than six days before the meeting of the Electoral College.
The state will pay for a recount if the total count is less than or equal to 0.5% of the votes, according to Ballotpedia. In any other event, a request for a recount is paid for by the requester.
For more information, click here.
WASHINGTON STATE
A machine recount occurs when the margin is less than 2,000 votes and less than 0.5% total votes cast for the top two candidates.
Smaller margins necessitate manual recounts. An automatic recount is also required if a partial recount changes an election outcome.
Costs paid by the requester are refunded if the recount changes the election outcome.
For more information, click here.
WEST VIRGINIA
Any candidate may request a recount of his or her race.
The deadline to request a recount is no later than 48 hours after the canvass. The requester is responsible for costs associated with the recount unless the recount changes the outcome of the election, in which case the requester is refunded.
State law does not specify a deadline for the completion of a requested recount.
For more information, click here.
WISCONSIN
A recount can be requested within the first business day following the canvass.
The margin required is 1% in a race with more than 4,000 votes. The deadline for completion is within 13 days of the order for the recount.
Costs paid by the requester are refunded if the recount changes the election outcome.
For more information, click here.
WYOMING
State law requires an automatic recount in Wyoming when the margin is less than 1% of votes cast for the winning candidate.
Any candidate for an office may obtain a recount by “making and filing an affidavit alleging that fraud or error occurred in counting.”
The automatic recount must be completed within 72 hours of a mandate from election officials.
For more information, click here.