Ballotpedia's 2022 Election Help Desk: Disputing election results
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An election dispute refers broadly to any action that questions the results or processes of an election. An election could be disputed because it is subject to a recount, because ballots cast in the election have been challenged, or because the results of the election are legally contested. If you have a question you'd like to see answered, contact our team.
Frequently asked questions related to disputing election results include:
- What are poll watchers?
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- Who can file election-related lawsuits?
- What is a redo election?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
As always, if you need to know what is on your ballot in November 2022, click here to use our sample ballot lookup tool.
Key terms and definitions
Below are the definitions of some key terms used in discussions of disputed election results.
An election dispute refers broadly to any action that questions the results or processes of an election. An election could be disputed because it is subject to a recount, because ballots cast in the election have been challenged, or because the results of the election are legally contested.
- Recount: 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.
- Challenge: This refers narrowly to the processes through which election officials, election observers, and poll workers question the validity of individual ballots. State laws determine who can challenge the validity of a ballot, on what grounds they may do so, and the formal process through which the challenge is made. Though ballot challenges can play an important role in lawsuits about elections, individuals can pursue ballot challenges without filing a lawsuit.
- Contest: To contest an election is to make the result the subject of a lawsuit. Thus, a "contested election" is one that is the subject of a lawsuit.
What does it mean to challenge a voter's eligibility, and who can do it?
Broadly speaking, when an individual challenges a voter, the challenger is questioning the eligibility of the voter to cast a ballot in an election. All but four states (Oklahoma, Oregon, Texas, and Washington) provide a way for individuals to challenge the qualifications of a voter on Election Day. Challenges can be lodged against voters in both in-person and absentee/mail-in voting settings. The classes of individuals qualified to make challenges vary from state to state.
What are poll watchers?
Poll watchers represent political parties, candidates, or groups such as ballot issue committees at polling locations with the primary goal of guarding a party or group’s chance at a fair election.[1]. The 2020 presidential election was first since 1980 without court supervision over Republican poll watching activity. Following the 1981 New Jersey gubernatorial election, the Democratic National Committee and Republican National Committee agreed on a consent decree, which required a federal court to approve RNC poll-watching programs. The decree was allowed to expire in 2018.[2][3]
How will election recounts work?
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.[4] Click here to learn more about how they begin, how they work, and what happens after they end.
How close does an election have to be to trigger an automatic recount?
An automatic recount occurs if election results meet certain criteria laid out in state law. The most common trigger for an automatic recount is when election results fall within a close vote margin. This margin might be either a percentage or a number of votes. If the results for a race fall within the threshold of a close vote margin, state law requires an automatic recount.
Can a candidate or voter request a recount?
In some states, an election recount may be triggered by the request of a candidate or voter. The rules vary by state and voters in many cases may only request recounts in elections for a specific type of office or ballot measure. Click here to learn more about who can request a recount and under what circumstances.
Who pays for recounts and contested elections?
Common costs involved with recounts and contested elections include staff salaries, location rental, vendor support, and legal services, among other items.[5] Click here to learn more about who pays for recounts and contested elections.
- See also: Who can file election-related lawsuits?
If a dispute arises during an election, the usual means of resolving it is through the courts. In order for the court to rule on an election-related lawsuit, the person or group filing the lawsuit, known as a plaintiff, must have standing. Click here to learn more about who can have standing and under what circumstances.
What is a redo election?
Occasionally, during the course of an election, some event or action might result in the disenfranchisement of voters or other alterations to election outcomes in a way that undermines the election process or calls the results into question.
Who can call a redo election?
- See also: Who can call a redo election?
Although courts is typically responsible for calling redo elections, state and local rules can also allow other officials or groups to call redo elections in specific circumstances. Click here to learn more about who may call redo elections.
See also
Footnotes
- ↑ NCSL, “Policies for Election Observers,” October 12, 2016
- ↑ The Atlantic, “The Republican Party Emerges From Decades of Court Supervision,” January 9, 2018
- ↑ CBS News, “The Debate Over Poll Watchers in the 2020 Election,” September 20, 2020
- ↑ Election Assistance Commission, "Voluntary Voting Systems Guidelines," 2015
- ↑ U.S. Election Assistance Commission, "Conducting a Recount" accessed September 7, 2022
