Recount laws in Virginia
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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.
Virginia law does not allow for automatic recounts. A candidate may request a recount if the margin between the two candidates is less than or equal to 1%. A group of voters may request a recount of ballot measures under certain circumstances. The state only pays the costs of a recount if it is requested by the candidate and the margin is less than or equal to 0.5%. Otherwise, the requester pays for the recount costs, though a refund is available if the recount changes the outcome of the election.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Virginia.[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, the recount can be requested within ten days after certification except that presidential election recounts must be requested within two days after the certification. Required margins vary between candidates on the ballot, write-in candidates, and ballot measures, as described below. There is no deadline for completion except that a presidential election recount must be completed no later than six days before the meeting of the Electoral College.
- Who pays for a requested recount?
- Varies. The state pays for candidate-requested recounts where the margin between the requester and the winning candidate is less than or equal to 0.5% of the votes cast for the two candidates. For any other candidate-requested recount and all voter-requested recounts, the requester pays.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if the recount changes the election outcome.
- Can a partial recount be requested?
- No.
Virginia recount procedures
Automatic recount procedures
Virginia does not require automatic recounts.
Requested recount procedures
Candidate-requested recounts
A candidate may request a recount of his or her race under the following circumstances:[2]
- Candidate whose name appeared on the ballot: if the margin between the requester and the winning candidate is less than or equal to 1% of the total votes cast for the two candidates.
- Write-in candidate: if the margin between the write-in requester and the winning candidate is less than or equal to 5% of the total votes cast for the two candidates.
The state covers the cost of a recount if the margin between the requester and the winning candidate is less than or equal to 0.5% of the total votes cast for the two candidates.[3]
Voter-requested recounts
A group of 50 or more voters may request a recount for a ballot measure if the margin between those for and those against the measure is either less than or equal to 50 votes or 1% of the total votes cast on the measure, whichever is greater.[2]
The state does not cover the cost of any voter-requested recount.
All recounts
In instances where the cost of the recount is not covered by the state, the requester is responsible for costs associated with the recount. If the recount changes the outcome of the election, the requester is refunded.[3]
The deadline to request a recount for any election other than the election of presidential electors is no later than 10 days after the certification of results. There is no set deadline for the competition of these requested recounts.[4]
The deadline to request a recount for the election of presidential electors no later than 5:00 p.m. on the second calendar day after the certification of results. Such a recount must be completed at least six days before the meeting of the Electoral College.[5]
For more information about recount procedures in Virginia, click here.
Virginia voting equipment
- See also: Voting methods and equipment by state
Virginia uses hand-marked paper ballots and ballot-marking devices for its elections.[6]
Noteworthy events
Virginia's 5th Congressional District Republican primary (2024)
Based on the certified results in this race, John McGuire (R) defeated incumbent Rep. Bob Good (R) by 374 votes. At the time of the election, Virginia law allowed Good to request a recount because the initial vote margin was within 1% of the total vote. Goochland County Circuit Court Judge Claude Worrell II ordered a recount on July 18.
The recount lasted for the duration of August 1. Based on final results, McGuire defeated Good by 370 votes.[7]
Virginia House of Delegates elections (2017)
District 28
Prior to the recount, Robert Thomas Jr. (R) had a 86-vote lead over Joshua Cole (D). Cole requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, Thomas won the contest by 73 votes, a 13-vote swing for Cole.
District 40
Prior to the recount, Tim Hugo (R) had a 86-vote lead over Donte Tanner (D). Tanner requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, Hugo won the contest by 99 votes, a 13-vote swing for Hugo.
District 68
Prior to the recount, Dawn Adams (D) had a 336-vote lead over Manoli Loupassi (R). Loupassi requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, Adams won the contest by 347 votes, an 11-vote swing for Adams.
District 94
Prior to the recount, David Yancey (R) had a 10-vote lead over Shelly Simonds (D). Simonds requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, the contest was officially declared a tie, a 10-vote swing for Simonds. Yancey ultimately won the seat when the tie result was decided by lot.
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) Virginia'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, 2020
- Voting in Virginia
- Virginia
- Voting methods and equipment by state
Footnotes
- ↑ Virginia Legislative Information System, "8-24.2-800 to 802.3," accessed September 24, 2025
- ↑ 2.0 2.1 Code of Virginia, "§ 24.2-800. Recounts in all elections," accessed September 24, 2025
- ↑ 3.0 3.1 Code of Virginia, "§ 24.2-802.3. Costs of the recount," accessed September 24, 2025
- ↑ Code of Virginia, "§ 24.2-801. Petition for recount; recount court," accessed September 24, 2025
- ↑ Code of Virginia, "§ 24.2-801.1. Petition for recount of election for presidential electors; recount court," accessed September 24, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 24, 2025
- ↑ Cardinal News, "5th District recount confirms McGuire’s victory over Good," August 1, 2204
- ↑ 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.
