Recounts are Conducted after an Election either when the Margin of Victory for a Race was Narrow, or because Someone, usually the Losing Candidate or their Party asks for a Recount.
The Laws Governing Recounts varies State by State, and a Handful of States do Not offer a Recount Process at all. In those States, a Defeated Candidate’s only Remedy is to Contest the Result of the Election in Court and get a Recount. In the other States, a Recount can be Automatically Triggered if Results are within a certain Margin.
Requesting a Recount
Forty-Three States and the District of Columbia Permit a Losing Candidate, a Voter, a Group of Voters, or other Concerned Parties to Petition for a Recount. Arizona, Connecticut, Florida, Hawaii, Mississippi, South Carolina, and Tennessee Do Not.
In a Few States, the Vote Totals for the Top Two Candidates must be within a Specified Margin in order for the Losing candidate to be able to Request a Recount. For example, in Idaho, a Candidate may Petition for a recount if the Difference between the Requesting and Winning Candidates is Less than 0.1% of the Total Votes Cast for the Office.
In at least Five States, a Political Party Officer can request a Recount, and in at least 17 States, a Voter can Petition for a Recount.
Recount Costs
In most of the States that Permit a Candidate or other Interested Party to Demand a Recount, the Petitioner is Required to Pay a Deposit toward the Cost of Conducting the Recount. If the Recount Reverses the Result of the Election, that Person’s Deposit is Refunded. If the Recount does Not Change Election Results, the Petitioner is Required to Pay Most of the Costs associated with the Recount. Automatic Recounts are Paid for by the State or County that Conducts the Recount.
Recounts by State
Twenty-One States, 22 in 2021, after a New Law, SB 7505B, takes effect in New York in 2021, and the District of Columbia, provide for Automatic or Mandatory Recounts, which are Conducted if the Margin between the Top Two Candidates is Within certain Parameters.
Alabama - Less than 0.5% of the Votes Cast for the Office or the Ballot Measure.
Alaska - Tie Vote. Deadline: Within 10 Days after it Begins.
Arizona - Less than or Equal to the Lesser of the following: 0.1% of the Votes Cast for Both Candidates or Measures. In the Case of an Office to be filled by State Electors or a Statewide Initiated or Referred Measure: 200 Votes if more than 25,000 Votes were Cast; 50 Votes if 25,000 or Fewer Votes were Cast; 200 Votes in the Case of a Measure. In the case of a Member of the State Legislature: 50 Votes.
Arkansas - Recounts must be Completed by the Time of Certification, 15 Days after the General Election 10 Days after for All Other Elections.
Colorado - Less than or Equal to 0.5% of the Highest Vote Cast in that Election Contest. Deadline: By the 35th Day after Election for Automatic Recounts; 37th Day for Requested Recounts.
Connecticut - Less than 0.5% of the Total Votes Cast for the Office but Not more than 2,000 Votes, or Less than 20 Votes. A Recount is Automatic in the Event of a Tied Vote as well.
Delaware - Less than 1,000 Votes or 0.5% of All Votes Cast for the Two Candidates, whichever is Less, applies Only to Elections of State Legislators and County Offices.
District of Columbia - Less than 1% of the Total Votes Cast for the Office.
Florida - 0.5% of the Votes Cast for the Office or Measure. Deadline: By 3 p.m. on the 9th Day After the Election; Recounts Not completed by this Deadline require a Second Certification of Election Results after the Recount is Completed.
Georgia - Recounts Conducted because an Error or Discrepancy is Suspected are Completed before the Canvass is Finished.
Hawaii - 100 Votes or Fewer or 0.25% of the Total Votes Cast for the Contest, whichever is Greater. Deadline; Within 72 hours after the Polls Close.
Indiana - Deadline: Presidential Electors Not Later than Six Days before Electors Meet; State Legislators by Dec. 20th.
Iowa - Deadline: By the 18th Day After the County Canvass; State Canvass is Delayed for Offices Undergoing a Recount.
Kansas - Deadline: By 5 p.m. on the Fifth Day following the Filing of the request; Completed before canvass is Completed.
Louisiana - Deadline: Conducted at 10 a.m. on the Fifth Day After the Election.
Massachusetts - Deadline: No Completion Deadline, but Certification of Results is Delayed in the Event of a Recount.
Michigan - 2,000 Votes or Less in a Statewide Primary or Election. Deadline: Within 30 Days after the Last Day for Filing Counter Petitions or the First Day that Recounts may Begin.
Missouri - Deadline: State-Conducted Recounts within 20 Days of the Request.
Nebraska - 1% or Less of the Votes received by the Candidate who Received the Highest Number of Votes for the Office if 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 if 500 or Less Total Votes were Cast.
Nevada - Deadline: Within 10 Days of the Request.
New Mexico - Less than 0.25% of the Total Votes Cast in the Election for a Federal or Statewide Office or a Statewide Ballot Measure; Less than 1% of the Total Votes Cast in the Election for most other Offices, including State Legislators. Deadline: Within 10 Days after Receiving Request or Notice of Automatic Recount.
New York - Effective Jan. 1st, 2021 :Margin of Victory is 20 Votes or Less; or Margin of Victory is 0.5% or Less; or in a Contest where 1 Million or More Ballots are Cast and the Margin of Victory is Less than 5,000 Votes.
North Dakota - Primary: 1% or Less of Highest Vote Cast for that Office: General: 0.5% or Less of Highest Vote Cast for that Office; Ballot Measures: 0.25% or Less of Total Vote Cast for Measure. Deadline: Recounts of State Legislative Races must be held within 11 Days of the Completion of the State Canvass, and within 18 Days for Statewide Races.
Ohio - 0.25% or Less for Statewide Office or Issue, 0.5% for Other Offices. Dedline: Presidential Electors not Later than Six Days Before the Meeting of the Electors, All other Offices 10 Days after the Application is Filed.
Oregon - Tie Vote, or Not more than 0.2% of the Total Votes for Both Candidates.
Pennsylvania - 0.5% or Less of the Votes Cast for the Office for Statewide Candidates and Ballot Questions. Dedline: Automatic Recounts must be Completed by Noon on the First Tuesday following the Third Wednesday after the Election. Count Certification is Delayed if a Recount/Recanvass is Requested.
South Carolina - Less than 1% of Total Votes Cast for the Office.
South Dakota - Tie Vote. Deadline: Recounts of Legislative Districts comprising more than One County is 14 Days.
Texas - Tie Vote.
Virginia - Deadline: For Presidential Electors, must be Completed at least Six Days before the Time for the Meeting of the Electors.
Washington - Less than 2,000 Votes and also Less than 0.5% of the Total Number of Votes Cast for Both Candidates.
Wisconsin - Deadline: Not More than 13 Days after the Order Directing the Recount.
Wyoming - When the Difference in Number of Votes Cast for the Winning Candidate Receiving the Least Number of Votes and the Number of Votes Cast for the Losing Candidate receiving the Greatest Number of Votes is Less than 1% of the Number of Votes Cast for the Winning Candidate Receiving the Least Number of Votes Cast.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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