In 2024, Three U.S. Senate Races and Six U.S. House Races were decided by less than 1%. With that in mind, States have been Updating their Recount Laws in 2025.
State Recount Laws differ in Three Key ways: whether a Recount is Available and, if so, if it occurs Automatically or must be Requested, which Party may Request a Recount, and Who Pays for a Recount, if it Occurs. Is a Recount Available: All but Two States: Mississippi and Tennessee, allow for Election Recounts. Automatic Recounts, which occur if Election Results meet Specific Criteria Outlined in State Law, are Possible in 28 States. Requested Recounts, where an Interested Party must ask for Votes to be Counted Again, are allowed in 43 States.
Who may Request a Recount: In 21 States, an Interested Party can Only request a Recount if the Vote Difference separating the Two Candidates or the Yes and No Votes on Ballot Measures is Within a certain Mmargin. In 42 States, Candidates are Allowed to Request a Recount. In Four States, Voters may Request a Recount for any Election. In 31 States, Voters can Request Recounts in Only some Elections or just for Ballot Measures.
Who Pays for a Recount: The Person who Requests the Recount Pays for it in 23 States. Seven StatesPpay for Recounts. In 11 States, who Pays Depends on the Circumstances of the Election or the Recount. In Two States, it is Unclear which Party Pays for the Recount. In 27 States, a Refund may be Available for a Requested Recount. In Four States, the possibility of a Refund depends on the Circumstances of the Recount. In Five States, No Refund is Available. Fourteen States have State-Funded requested Recounts, or do Not have Requested Recounts.
So far this year, Nine States have Passed 11 Bills Changing their Recount Laws. One State moved to implement Automatic Recounts that did Not have them before. No other States Implemented Recounts that did Not previously have them. Some Noteworthy Laws include:
Hawaii SB 176 - Increased the Vote Margin required for an Automatic Recount from 0.25% to 0.5% or 100 Votes, whichever is Less. Governor Josh Green (D) signed the Bill on June 25th.
Iowa HF 928 - made numerous Changes to the State’s Recount Law: Requiring the Race to be within a Specific Margin in Order for a Candidate to Request a Recount. That Margin must be within 0.15% for Federal or Statewide Races or 1% or 50 Votes, whichever is less, for All other Races. Governor Kim Reynolds (R) Signed the Bill on June 2nd.
Maine LD 600 - provides for Automatic Recounts in the Event of a Tied Election. Previously, Maine did Not have Automatic Recounts. Governor Janet Mills (D) Signed the Bill on May 23rd.
Rhode Island H 5384 - Extended the Deadline a Candidate has to Request a Recount from Seven to Nine Days. Governor Daniel McKee (D) Signed the Bill on June 24th.
Eight States Adopted Nine Laws related to Recounts in 2024. Fifteen States passed 19 such Laws in 2023. Three States Passed Three such Laws in 2022.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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