Recount laws in Idaho
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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.
Idaho law does not allow for automatic recounts. Any candidate or person supporting or opposing a ballot measure may request a recount. The state pays for recount costs under certain circumstances, otherwise costs are paid for by the requester. Costs paid by the requester are refunded if certain requirements are met.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Idaho.[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. No margin is required, but margins affect who is responsible for costs. The request must be made within 20 days of the state or county canvass. The deadline for completion is within 10 days of the recount order.
- Who pays for a requested recount?
- Varies. The state, if the results for an office or ballot measure are less than or equal to either five votes or 0.1% of all votes cast, whichever is greater. The requester, if the results are outside of those margins.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if certain requirements are met. The requester must ask for a recount in a prerequired number of precincts and the result of the recounts in those precincts, if extrapolated across all precincts in the election, must be enough to change the outcome of the election.
- Can a partial recount be requested?
- Yes.
Idaho recount procedures
Automatic recount procedures
Idaho does not require automatic recounts.
Requested recount procedures
Any candidate or person supporting or opposing a ballot measure may request a recount within twenty days of the canvass.[2]
The state covers the cost of the recount if the margin of victory separating the requester from the winning candidate or ballot measure position is less than or equal to either five votes or 0.1% of all votes cast, whichever is greater.[3]
In all other instances, the requester is responsible for the costs of the recount and must specify the number of precincts to be recounted. Costs paid by the requester are refunded if certain requirements are met. The requester must ask for a recount in a prerequired number of precincts, and the result of the recounts in those precincts, if extrapolated across all precincts in the election, must be enough to change the outcome of the election in favor of the requester.[4]
The deadline for completion of a requested recount is no more than ten days from the date the recount was ordered.[5]
For more information about recount procedures in Idaho, click here.
Idaho voting equipment
- See also: Voting methods and equipment by state
Idaho uses hand-marked paper ballots and ballot-marking devices.[6]
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[9] | 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[10] | 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[11] | No | 115.601 |
| Montana | State/Requester Depends on margin | Maybe[12] | 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[13] | Varies[14] | 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[15] | 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[16] | 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[17] | 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) Idaho'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 Idaho
- Idaho
- Voting methods and equipment by state
Footnotes
- ↑ Idaho State Legislature, "34-2301-2309," accessed September 18, 2025
- ↑ Idaho Statutes, "34-2301. Application for recount of ballots," accessed September 18, 2025
- ↑ Idaho Statutes, "34-2309. free recount," accessed September 18, 2025
- ↑ Idaho Statutes, "34-2306. Difference revealed by recount — Candidate relieved of costs," accessed September 18, 2025
- ↑ Idaho Statutes, "34-2304. Order for recount — Procedure — Notice," accessed September 18, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 18, 2025
- ↑ 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.
