Recount laws in California
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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. Recounts can either occur automatically or be requested by a candidate or voters.
California law does not provide for automatic recounts. Any voter may request a recount in a race within a specific timeframe, regardless of the margin. The requester is responsible for the costs unless the recount changes the outcome of the election in their favor. California courts, election officials and the governor can all also order recounts under certain circumstances.
Summary of recount laws
The list below shows answers to common questions regarding recounts in California.[1]
- Does state law require automatic recounts?
- No.
- When must an automatic recount be completed?
- There are no automatic recounts in this state.
- Can a recount be requested?
- Yes. For multi-county or statewide races, the request must be made within five days starting the 31st day after election day. For single-county races, the request must be made within five days of the county canvass. No margin is required. There is no deadline for the completion of voter-requested recounts. Deadlines vary for other types of requested recounts.
- Who pays for a requested recount?
- The requester.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if the recount changes the election outcome in favor of the requester. If the outcome does not change, the requester may receive a refund if the amount paid was greater than the cost of the recount.
- Can a partial recount be requested?
- Yes, but only a full recount may change certified election results.
- What about recall elections? Are they subject to recounts?
California recount procedures
Automatic recount procedures
California does not require automatic recounts.
Requested recount procedures
Any voter may request a recount. The requester is responsible for the costs unless the recount changes the outcome of the election in favor of the requester.[4] The deadline to request a statewide or multi-county recount is within five days before 5:00 p.m. on the fifth day, beginning on the 31st day after the election. The deadline to request a recount in an election taking place in a single county is within five days of the completion of the county's canvass.[5] There is no deadline for the requested recount's completion. As a voter, candidates may request recounts following these guidelines.
A court may also order one or more recounts if a request from a district attorney is made within 25 days following an election. The district attorney must have probable cause to believe that misconduct occurred or mistakes were made when tabulating the election results. The court may order payments to cover the costs of the recount(s).[6]
An election official may order a recount if he or she believes ballots in the precinct have been miscounted and there is no explanation as to why the miscounting occurred.[7]
The governor may order a recount paid for by the state within five days after the Secretary of State files a statement of the vote. In order for the governor to request a recount, there must be a close vote margin of either 1,000 votes or 0.015% of the total vote, whichever is less, between the winning and losing candidate or position, in the case of ballot measures.[8][9] In gubernatorial elections, the secretary of state may order a recount, rather than the governor. In a primary election, the deadline to complete such a recount is three business days before the Secretary of state publishes the official candidate list for the general election. In a general election, the deadline is within 60 days of the order.[10]
A write-in candidate may request a hand tally of undervotes under certain circumstances, which can be found here.
For more information about recount procedures in California, click here.
California voting equipment
- See also: Voting methods and equipment by state
California conducts all-mail elections. Election Day voting centers use paper ballots and Ballot Marking Devices (BMD).[11]
Noteworthy events
California's 16th Congressional District top-two primary (2024)
Based on the certified results in this race, Evan Low (D) and Joe Simitian (D) tied for second place with 30,249 votes each. At the time of the election, California law did not require an automatic recount. Under the state's top-two primary system, both Low and Simitian would advance to the November 5 general election alongside Sam Liccardo (D), who finished with 38,489 votes.[12]
On April 9, a voter named Jonathan Padilla requested a recount. The recount was initially estimated to cost $320,000 and last 10 days. Padilla paid a deposit in order to begin the recount.[12]
On May 1, the recount concluded. Low beat Simitian by five votes.[13]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
As of September 2025, state law in 48 states included a recount provision, automatic recounts are possible in 28 states, and requested recounts are possible in 43 states.
The map and table below outline the type of recount laws in each state.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
As of September 2025, the requester of a recount pays for the recount in 23 states, the state pays in seven states, in 11 states it depends on the circumstances of the election or the recount, and 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 a refund depends on the circumstances of the recount, and in five states no refund is available. The remaining 14 states have state-funded requested recounts or do not have requested recounts. In 27 states a partial recount may be requested.
| State[16] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation |
|---|---|---|---|---|
| Alabama | Requester | Yes | Yes | 16-20,21 |
| Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 |
| Arizona | No requested recounts | N/A | No | 16-661,249 |
| Arkansas | Requester | Yes | No | 7-5-319 |
| California | Requester | Yes | Yes | 15620-15634 |
| Colorado | Requester | Yes | No | 10.5-101-109 |
| Connecticut | No requested recounts | N/A | No | 9-445,6-311a |
| Delaware | State | N/A | Yes | 5702(C,E) |
| District of Columbia | Requester | Yes | Yes | 1-1001.11(a) |
| Florida | No requested recounts | N/A | No | 102.141,166 |
| Georgia | State | N/A | Yes | 21-2-495,499 |
| Hawaii | No requested recounts | N/A | No | 11-158 |
| Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 |
| Illinois | Requester | Maybe[17] | Yes | 5/22-9.1, 18 |
| Indiana | Requester | Yes | Yes | 3-12-11-1-10 |
| Iowa | State | N/A | No | 43.56 & 50.48 |
| Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 |
| Kentucky | Requester | No | Yes | 120.017,095,185,250,280 |
| Louisiana | Requester | Yes | Yes | 18-1451 & 1453 |
| Maine | State/Requester Depends on margin |
Yes | No | 737-A |
| Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 |
| Massachusetts | State | N/A | Yes | 54:135,A,B |
| Michigan | Requester | Yes | Yes | 168.879-894 |
| Minnesota | State/Requester Depends on margin |
Yes | Yes | 204C.35-361 |
| Mississippi | No requested recounts | N/A | No | N/A |
| Missouri | Requester | Maybe[18] | No | 115.601 |
| Montana | State/Requester Depends on margin |
Maybe[19] | No | 13-16-201-11 |
| Nebraska | Requester | Yes | Yes | 32-1119,1121 |
| Nevada | Requester | Yes | No | 293.403-405 |
| New Hampshire | State/Requester Depends on election type[20] |
Varies[21] | No | 660:1-16 |
| New Jersey | Requester | Yes | Yes | 19:28-1,2,3 |
| New Mexico | Requester | Yes | Yes | 1-14-14 to 25 |
| New York | Unclear[22] | No | No | 9-208 |
| North Carolina | State | N/A | No | 163-182.7,182.7A |
| North Dakota | Requester | No | No | 16.1-16-01 |
| Ohio | Requester | Yes | Yes | 3515.01-072 |
| Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 |
| Oregon | Requester | Yes | Yes | 258.006-300 |
| Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 |
| Rhode Island | Unclear[23] | No | No | 17-19-37.1 |
| South Carolina | No requested recounts | N/A | No | 7-17-280 |
| South Dakota | State | N/A | Yes | 12-21-1 to 37 |
| Tennessee | No requested recounts | N/A | No | 2-17,18 |
| Texas | Requester | Yes | Yes | 211 to 216 |
| Utah | State/Requester Depends on requester[24] |
No | No | 20A-4-401 |
| Vermont | State | N/A | No | 17-51-2601,2602 |
| Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 |
| Washington | Requester | Yes | Yes | 29A.64 |
| West Virginia | Requester | Yes | Yes | 3-6-9 |
| Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01 & 5.90 |
| Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during (or carried over to) California's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in California
- California
- Voting methods and equipment by state
Footnotes
- ↑ Justia, "California Code 15620-15634," accessed September 18, 2025
- ↑ California Elections Code, "Section 11328," accessed September 18, 2025
- ↑ Los Angeles County Registrar-Recorder, "LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK REQUESTING A RECOUNT 2020," accessed September 25, 2025
- ↑ Justia, "CA Elec Code § 15624," accessed September 18, 2025
- ↑ Justia, "CA Elec Code § 15620," accessed September 18, 2025
- ↑ Justia, "CA Elec Code § 15640," accessed September 18, 2025
- ↑ Justia , "CA Elec Code § 15610," accessed September 18, 2025
- ↑ Justia, "CA Elec Code § 15645," accessed September 18, 2025
- ↑ The governor's ability to call a recount of the office of Superintendent of Public Instruction is subject to different requirements, which can be found here.
- ↑ Justia, "CA Elec Code § 15646," accessed September 18, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 18, 2025
- ↑ 12.0 12.1 Politico, "Tied California House race heading to a recount," April 9, 2024
- ↑ The Mercury News, "Congressional recount: Evan Low heads to November election as Joe Simitian is knocked off the ballot" May 1, 2024
- ↑ Verified Voting, "Arizona Recount Laws," accessed September 25, 2025
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
- ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
