How will election recounts work? (2020)

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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. Forty-eight states have laws requiring or allowing interested parties to request recounts.

This article focuses on recounts in the 2020 elections. It provides a broad overview of terms and circumstances commonly referenced when discussing election recounts.

On this page, you will find answers to the following questions:

• What triggers a recount?
• What happens during a recount?
• Who pays for recounts?
• What happens after a recount?

Click here for state-specific recount laws

What triggers a recount?

See also: Vote margins required for election recounts, 2020

Before a recount can begin, it must be triggered. There are two types of recount triggers: automatic recounts and requested recounts.

Automatic recounts

See also: How close does an election have to be to trigger an automatic recount?

Automatic recounts occur if election results meet certain criteria laid out in state law. Requirements for an automatic recount might differ based on the type or level of office.

The most common cause 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.

Below are four examples of close vote margins requirements:

• Percentage: North Dakota requires a recount for general election races if a candidate loses by a margin less than or equal to 0.5% of the votes cast for the candidate with the most votes.
• Number: Michigan requires a recount for statewide races if the difference between the winning candidate and the next closest candidate is less than or equal to 2,000 votes.
• Either/or: Hawaii requires a recount when the margin is either less than or equal to 100 votes or 0.25% of the total ballots cast, whichever is greater.
• Both: Washington requires a recount when the margin is both less than 2,000 votes and less than 0.5% of the votes cast for the top two candidates.

In addition to close vote margins, states might require an automatic recount if election officials discover a discrepancy or error in the vote totals.

Requested recounts

See also: Can a candidate or voter request a recount?

Requested recounts require an interested party ask for a recount. Unlike automatic recounts, if a recount is not requested, it will not be held. Similar to automatic recounts, requirements for an requested recount, where they exist, might differ based on the type or level of office.

Who can request a recount varies by state and by circumstances. In most states with requested recount procedures, an interested party is either a candidate requesting a recount of a race in which he or she participated or a voter requesting a recount of a ballot measure election. Some states allow any interested party to request a recount while others might require criteria such as close vote margins before a recount can be requested. In some states, election officials may request a recount if they discover discrepancies in vote totals.

Below are three examples of requested recount procedures:

• Candidate-requested: Ohio allows any candidate who received votes in an election, but was not the winner, to request a recount. No close vote margin is required.
• Voter-requested: Massachusetts allows voters to request a recount of a statewide ballot measure election, but only if there is a close vote margin less than or equal to 0.5%.
• Election official-initiated: Montana allows a canvassing board to request a recount if it finds an error at the precinct level that would affect the accuracy of the vote totals.

Courts may be able to order a recount, but oftentimes only after another interested party requested a recount from the court.

What happens during a recount?

What is the scope of a recount?

The scope of a recount can vary by the number of precincts included. A full recount occurs when every precinct's returns for a given race are recounted. In a partial recount the number of precincts recounted is less than the total number involved in the race.

For automatic recounts, state law typically mandates a full recount. For requested recounts, requesters may be allowed to specify which precincts they want recounted. For example, in Wisconsin a requester may select specific precincts for a recount, but any other interested party may also request that additional precincts be included. In some states, if a partial recount changes the election outcome, then that shall be the new outcome. In others, such as Washington, a partial recount changing the election outcome may trigger a full recount. Not all states allow for partial recounts.

How are ballots recounted?

The methods used to recount ballots primarily depend on how they were cast in the first place. Paper ballots may be inspected individually, by hand, or fed into a scanning machine for a second time. Electronic voting machines may have their audit trails inspected for accuracy. In some cases, the method used depends on other criteria like close vote margins. For example, Florida requires a margin of less than 0.5% in order to begin a machine recount using an automatic tabulating machine. If the results of that initial recount show a margin of less than 0.25%, it triggers an automatic manual recount.

The U.S. Election Assistance Commission provides a general explanation of how a recount might take place. Hover over the bolded terms for brief definitions added by Ballotpedia:

“	First, before the recount starts, there should be clear information available to all parties regarding the time and place of the recounts, how the recount proceedings will be recorded and reported, how the chain of custody of all materials will be maintained, and how candidates can participate in the process. Second, any voting equipment – such as ballot tabulators – that will be used in the recount should tested for logic and accuracy to ensure that they are prepared to recount the election outcome in dispute. Third, counting teams will be appointed. Counting teams generally include at least two members, typically from different political parties. Other jurisdictions have tripartisan recounts. When hand recounting paper ballots, the recount officials count the ballots using the valid vote standards established before the election. For DREs, the recount officials open the envelopes with the printouts and read the results from the printouts. If the printout is not clear, the recount officials should rerun the printout from the machine. In jurisdictions with a voter verifiable paper audit trail, the paper can be recounted to ensure that the machine printout totals reconcile with the paper. In some jurisdictions, the paper record may be the ballot of record for any discrepancies. Fourth, there should be clear rules for how parties and interested individuals can observe the process.	”
—U.S. Election Assistance Commission

Voter intent

In some recounts, election officials might need to determine voter intent. For example, if a paper ballot requires voters to fill in an oval, but one voter uses checkmarks, there is a question of voter intent: do the checkmarks mean the voter intended to cast his or her ballot for that candidate? Each state developed its own guidelines for determining voter intent following the passage of the Help America Vote Act.

The U.S. Election Assistance Commission provides additional details regarding voter intent:

“	Once cast, a ballot can never be linked to a specific voter. The voter cannot be asked how he or she intended to vote if the marks are unclear. In some States, these unclear ballots are automatically invalid. In others, ballots are evaluated using voter intent standards. An objective standard means that a valid vote must conform exclusively to the requirements set by statute and regulation. Any deviation from the written statutes or regulations results in an invalid vote. Some States allow an election official – or canvass board or other statutorily-defined entity – to interpret the unclear marks on a paper ballot. These States have voter intent standards for what constitutes a valid vote. In States with more expansive voter intent laws, the voter may not have followed all of the directions exactly but still may have his or her ballot counted.	”
—U.S. Election Assistance Commission

How long does a recount take?

See also: Noteworthy recounts in the United States

The length of a recount can vary depending on the number of ballots to be recounted and the method used to recount those ballots. States may set specific deadlines for when a recount must be requested, when it must begin, and when it must be completed, but not all do. For example, Alabama sets a completion deadline at 72 hours after the certification of election results for an automatic recount, whereas South Dakota has no set completion deadline for automatic recounts.

Presidential election recounts

Unlike other elections, the federal government established deadlines for presidential election recounts. In 1887, Congress passed the Electoral Count Act (ECA), which established rules and procedures regarding the timing and counting of electoral votes. The ECA allows states the "final determination of any controversy or contest concerning the appointment of all or any of the electors of such State." A recount, for example, would fall under the purview of this provision. The ECA also established two deadlines, by which time states must handle controversies and finalize their results.

The first is the safe harbor deadline. Before the safe harbor deadline, if a state addresses an election controversy using a procedure, such as a recount, Congress will accept the state's final determination as conclusive. In order for this section to apply, the state's procedure must have been enacted before Election Day. The ECA sets the safe harbor deadline at six days before the Electoral College votes, which, in 2020, is December 8.

The second deadline is the counting of the electoral votes. Under the ECA, the Electoral College must meet to cast its votes on the first Monday after the second Wednesday in December. In 2020, that is December 14.

Two states—Ohio and Virginia—specify in state law that a presidential election recount must be completed at least six days before the meeting of the Electoral College.

Who pays for recounts?

See also: Who pays for recounts and contested elections?

Who pays for a recount typically depends upon whether the recount is automatic or requested.

In the event of an automatic recount and recounts requested by election officials, states or counties usually cover the costs.

When an interested party requests a recount, the requester is normally responsible for most of the costs, unless the recount overturns the election results, in which case the state or county covers the cost. Some states use close vote margins where the state or counties will cover the costs of a requested recount if the results are within that margin. If the results are outside of that margin, the requester is often responsible for costs.

Additionally, some states cover the cost of a requested recount even if it does not overturn the initial result, but instead meets some other criteria. In Colorado, if a requested recount changes the election result so that it would have triggered an automatic recount, the state covers the costs. Alaska pays for requested recounts if they change the results by four percent or more in favor of the requestor. In some states, such as Delaware, the state covers the cost of a requested recount regardless of the outcome.

What happens after a recount?

Recounts in most states are conducted to either verify or overturn election results. If the recount verifies the original election outcome, the initial winner remains the winner. If the recount overturns the original outcome, a new candidate may be declared the winner.

In two states—Alabama and Illinois—recounts cannot directly overturn election results. If a recount in those two states changes the election outcome, a court must decide whether to change the outcome.

Next question: How close does an election have to be to trigger an automatic recount?

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

More frequently asked questions about the 2020 election

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• General election information
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• Presidential election
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• Disputing election results
  • 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?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
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• Election result reporting and certification
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• Transitions of power and taking office
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  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Election recount laws and procedures in the 50 states, 2020
  • Vote margins required for election recounts, 2020
  • How close does an election have to be to trigger an automatic recount? (2020)
  • Can a candidate or voter request a recount? (2020)
  • Who pays for recounts and contested elections? (2020)

Additional reading

• U.S. Election Assistance Commission, "Recounts and Contests Study"
• Citizens for Election Integrity Minnesota, "Recount Database"
• National Conference of Secretaries of State, "State Election Canvassing Timeframes and Recount Thresholds"
• National Conference of State Legislatures, "Automatic Recounts"