Recount laws in Oregon
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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.
Oregon law requires an automatic recount if the margin separating the candidates is less than or equal to 0.2% of the total vote. Candidates and political party officers may request a recount and voters may request a recount of any ballot measure. The requester is responsible for costs associated with the recount, although a refund is available if a full recount changes the election outcome in favor of the requester.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Oregon.[1]
- Does state law require automatic recounts?
- Yes, when a tie vote occurs or if the difference between the elected and the closest defeated candidate is less than 0.2% of total votes cast for the two candidates.
- When must an automatic recount be completed?
- No set deadline.
- Can a recount be requested?
- Yes, the recount can be requested within 42 days after the election. If the initial recount was a partial recount, the requester has within 52 days after the election to request a full recount. No margin is required and there is no set deadline for completion.
- 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 was a full recount and it changes the election outcome in his or her favor. If the recount is requested by a county clerk, the state covers the cost of the recount.
- Can a partial recount be requested?
- Yes, but only a full recount can be used to change the election outcome. A partial recount can change the election outcome only if it is requested by an election official.
Oregon recount procedures
Automatic recount procedures
Oregon requires an automatic recount in the event of a tie or when the margin between the winning candidate and the next closest candidate is less than or equal to 0.2% of the total vote for both candidates. This does not apply to candidates for some nonpartisan offices.[2] The same procedure applies to ballot measures unless the ballot measure required at least 50% of registered voters to vote on it and failed to reach that threshold.[3]
Requested recount procedures
Candidates or a political party officer on behalf of a candidate may request a full or partial recount, though recounts for presidential elections must be full recounts. Voters may request a full or partial recount of any ballot measure.[4]
In all instances, the deadline to request a recount is no later than 42 days after the election. In the event that a partial recount was conducted, the requester may ask for a supplemental recount covering non-recounted precincts no later than 52 days after the election. For presidential election, the deadline is five days after the secretary of state finalizes election results.[4] Only a full recount is sufficient to change the outcome of an election.[5]
The requester is responsible for costs associated with the recount unless the recount was a full recount that changed the election outcome in favor of the requester, in which case the costs are refunded.[6] A county clerk may ask the secretary of state to waive the need for a cash deposit if "it appears that due to nondeliberate and material error by a local elections official" the outcome will change.[4]
Election officials may also request recounts, which are paid for by the requesting county. County clerks may request either partial or full recounts for offices and ballot measures. Unlike other requested recounts, a partial recount requested in this manner is sufficient to change the election outcome. The deadlines for the request of these recounts are the same as those for other types of requested recounts.[4]
There is no set deadline for the completion of a requested recount.
For more information about recount procedures in Oregon, click here.
Oregon voting equipment
- See also: Voting methods and equipment by state
Oregon conducts its elections by mail. Election Day voting centers use hand-marked paper ballots and ballot-marking devices.[7]
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[10] | 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[11] | 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[12] | No | 115.601 |
| Montana | State/Requester Depends on margin |
Maybe[13] | 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[14] |
Varies[15] | 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[16] | 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[17] | 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[18] |
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) Oregon'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 Oregon
- Oregon
- Voting methods and equipment by state
Footnotes
- ↑ Oregon Statutes, "Chapter 258 — Election Contests; Recounts," accessed September 24, 2025
- ↑ Oregon Statutes, "ORS 258.280," accessed September 24, 2025
- ↑ Oregon Statutes, "ORS 258.290," accessed September 24, 2025
- ↑ 4.0 4.1 4.2 4.3 Oregon Statutes, "ORS 258.161," accessed September 24, 2025
- ↑ Oregon Statutes, "ORS 258.171," accessed September 24, 2025
- ↑ Oregon Statutes, "ORS 258.250," accessed September 24, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 24, 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.
