Election and voting policies are enacted and enforced primarily at the state level. These rules dictate the manner in which elections are administered, as well as the conditions under which American citizens cast ballots in each individual state.[1][2]
This page provides an overview of notable election policies and directs to Ballotpedia's coverage of these issues in all 50 states. Also on this page are links to arguments supporting and opposing various election policies.
Election administration and voting policies by state
Election administration policies are the rules and laws under which elections officials conduct elections in a given state. These include early and absentee voting provisions, voter identification requirements, voter registration and list maintenance methods, and more. Voting policies, while similar and sometimes overlapping with election administration policies, are the rules and laws under which a voter casts their ballot in a given state, and include election dates and deadlines, registration requirements, and more.
Each state's election administration and voting policies dictate who can vote and under what conditions.
Use the table below to read more about election administration and voting policies in each state.
Election administration and voting policies by state
Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. Some states allow voters to cast absentee ballots in person. States that allow in-person absentee voting without an excuse are counted below among no-excuse early voting states.
HIGHLIGHTS
As of February 2024, 47 states and the District of Columbia permitted no-excuse early voting. For a full list of these states, see here.[3]
Proponents argue that early voting opportunities make the voting process more convenient for citizens, thereby increasing turnout and diversifying the electorate.
Critics argue that citizens who vote early may be more likely to make ill-informed decisions.
Absentee/mail-in voting is voting that does not happen in person on Election Day but instead occurs another way (generally by mail). All states allow for some form of absentee/mail-in balloting. Some states require voters to provide a valid excuse to vote absentee/by mail, while others allow any eligible voter to cast an absentee/mail-in ballot.[3][4]
HIGHLIGHTS
Absentee/mail-in voting procedures can be divided into two categories: automatic mail-in ballot systems and request-required mail-in ballot systems.
Automatic mail-in ballot systems mandate that all eligible voters receive a mailed ballot by default. These are sometimes referred to as all-mail voting systems.
Request-required mail-in ballot systems require that eligible voters initiate the process for receiving, and casting, mail-in ballots. These have traditionally been described as absentee voting systems.
These laws require voters to present some form of identification at the polls. In some cases, the required identification must include a photo.
As of October 2025, 36 states required voters to present identification in order to vote at the polls on Election Day, but many states provide for exceptions to these rules. Of these states, 24 required voters to present identification containing a photograph, with certain exceptions, and 12 states did not explicitly require photo identification. The remaining 14 states did not require voters to present identification in order to vote at the polls on Election Day.
The federal Help America Vote Act requires that individuals in all 50 states who register to vote by mail and who have not voted previously in a federal election in their state must provide either their driver's license or a paycheck, bank statement, current utility bill, or government document showing their name and address. Individuals voting by mail must include a copy of one of those documents with their absentee/mail-in ballot.[5]
These requirements do not apply if an individual submitted a copy of their identification, their driver's license number or the last four digits of their Social Security number when registering to vote.
In certain states that require voters to provide identification, there may be exceptions that allow some voters to cast a ballot without providing an ID. To see more about these exceptions, see details by state below.
Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.
Traditionally, paper-based systems have been used by the states to register voters. Under these systems, a prospective voter completes a paper form and submits it to election officials. Officials then review the registration and, if appropriate, approve it, adding the name of the voter to the state's voter registration rolls. In an online registration system, "the voter fills out a form via an internet site, and that paperless form is submitted electronically to election officials." Proponents of online voter registration argue that such systems can lower costs and improve accessibility for voters. Some have raised concerns about the security of such systems in the wake of high-profile consumer data breaches; according to the National Conference of State Legislatures in January 2016, "there have been no known breaches of existing online voter registration systems in participating states."[6]
As of April 2024, 42 states, Washington, D.C., and Guam allowed online voter registration.[6]
Same-day voter registration enables voters to register and vote at the same time. Same-day registration is sometimes referred to as Election Day registration.[7]
HIGHLIGHTS
As of June 2024, 22 states and the District of Columbia had same-day registration provisions enabling voters to register and vote at the same time.[7]
In 12 of these states, Democrats held a trifecta, Republicans held a trifecta in six, and four states had divided government.
In 21 of these states and the District of Columbia, same-day voter registration is available on Election Day (and often during the early voting period as well).
North Carolina is the only state that offered same-day registration during the early voting period, but not on Election Day.
Two states, Alaska and Rhode Island, allowed same-day registration to vote for president and vice-president.
In states that allow same-day registration, voters must generally provide proof of residency (e.g., utility bill, pay stub) and identity (e.g., driver's license) at the time of registration.
Under an automatic voter registration system, eligible voters are automatically registered to vote whenever they interact with certain government agencies, such as departments of motor vehicles. Eligible voters are registered by default, although they may request not to be registered.[7][8]
HIGHLIGHTS
As of June 2024, 24 states and the District of Columbia had enacted automatic voter registration policies.
In 2015, California and Oregon became the first states to enact automatic voter registration policies.
In 2016, Alaska became the first state to enact an automatic voter registration policy via ballot measure.
The most recent states to enact automatic voter registration policies were Delaware, Minnesota, and Pennsylvania in 2023.[9][10][11]
Voter registration list maintenance
According to the National Conference of State Legislatures, "All states take steps to keep their voter registration rolls accurate and up-to-date. The goal of maintaining an accurate voter list is to prevent ineligible people from voting, prevent anyone from voting twice and, by reducing inaccuracies, speed up the voter check-in process at polling places." Election officials endeavor to ensure that the names of deceased persons, non-voting felons and former residents are not included on voter lists.[12]
The states employ a variety of different methods and tools in this endeavor. States cross-check their voter lists against data from federal agencies, including the Social Security Administration, the Department of Homeland Security and the United States Postal Service. State election agencies also verify voter lists against information from other state agencies, including departments of vital statistics, motor vehicle registration agencies and departments of corrections.[12]
In 2012, the Pew Charitable Trusts published a report on voter registration systems in the United States. The following were notable findings:[13]
"Approximately 24 million—one of every eight—voter registrations in the United States are no longer valid or are significantly inaccurate."
"More than 1.8 million deceased individuals are listed as voters."
"Approximately 2.75 million people have registrations in more than one state."
"Researchers estimate that at least 51 million eligible U.S. citizens are unregistered, or more than 24 percent of the eligible population."
The process of removing ineligible names from voter lists, sometimes referred to as "purging," can be contentious. In a 2008 report released by the Brennan Center for Justice, Myrna Pérez wrote, "Far too frequently ... eligible, registered citizens show up to vote and discover their names have been removed from the voter lists. States maintain voter rolls in an inconsistent and unaccountable manner. Officials strike voters from the rolls through a process that is shrouded in secrecy, prone to error and vulnerable to manipulation."[14]
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. Recounts can happen in races at any level, from local offices up to presidential elections. In the case of presidential elections, however, recounts are carried out at the state level rather than nationally.
State recount laws differ in three key ways: whether a recount is available and, if so, if it occurs automatically or must be requested, which party may request a recount, and who pays for a recount if it occurs.
HIGHLIGHTS
All but two states —Mississippi and Tennessee —allow for election recounts.
Automatic recounts, which occur if election results meet specific criteria outlined in state law, are possible in 28 states. Requested recounts, where an interested party must ask for votes to be counted again, are allowed in 43 states.
In 21 states, an interested party can only request a recount if the vote difference is within a certain margin.
In 42 states, candidates are allowed to request a recount. In 35 states, voters can request recounts in at least some elections.
The person who requests the recount pays for it in 23 states. Seven states pay for recounts. In 11 states, who pays depends on the circumstances of the election or the recount.
In 27 states, a refund may be available for a requested recount. In four states, the possibility of a refund depends on the recount circumstances. In five states, no refund is available.
Recount availability by state
A look at which states allow for automatic and requested recounts.
Who may request a recount by state
A breakdown of who may request a recount in each state.
Who pays for a recount by state
Each state's policies on who pays for a recount and if a refund is available to requesters.
State-specific summary of recount laws
A state-by-state breakdown of recount laws and procedures.
50-state overview of recount laws
Recount availability by state
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.
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.
In addition to close vote margins, states might require an automatic recount if election officials discover a discrepancy or error in the vote totals.[17]
General election automatic recount close vote margin requirements by state
Less than 0.5% but not more than 2,000 votes, or less than 20 votes. An automatic recount is also triggered if election officials discover a discrepancy in vote totals.
Less than 0.5% of all votes cast for General Assembly, U.S. congress, governor and lieutenant governor, treasurer, auditor of public accounts, commissioner of agriculture, labor and statistics, secretary of state, and attorney general. An automatic recount also occurs if election officials discover an administrative or clerical error during the election and vote-counting process.
Less than or equal to 0.1% for statewide elections, 75 votes for state senate elections, and 25 votes for state house elections. This does not apply to offices where more than one candidate is elected in a single race.
0.25% for a statewide constitutional amendment election. An automatic recount also occurs if the post-election audit of a county or counties consisting of more than 10% of the total number of persons voting in the election shows that an error occurred.
Less than or equal to 1% for candidates in elections where the turnout is more than 500 votes, or 2% for candidates in elections where the turnout is less than or equal to 500 votes. An automatic recount may also be triggered if election officials discover an obvious error during the canvass.
Less than 0.25% in elections for federal or statewide office, statewide ballot measures, and supreme court or the court of appeals. Less than 0.5% in elections for public regulation commissioner, public education commissioner, district attorney, or any county office in a county with more than 150,000 registered voters, local ballot measures, district or metropolitan court. Less than 1% for elections to any other office. An automatic recount might also occur as an outcome of a post-election audit, the specific guidelines for which can be found here.
When the margin of victory is less than 20 votes or less or 0.5% or less; or the margin of victory is less than 5,000 votes in a contest where one million or more ballots are cast.
Not triggered by a close vote margin. An automatic recount occurs if election officials discover a substantial error while conducting a random-sample partial recount as part of a requested recount. The specific circumstances can be found here.
Less than or equal to 0.2% for candidate and ballot measures. This does not apply to ballot measures that required participation from at least 50% of registered voters and failed to meet that threshold.
Less than or equal to 0.5% for statewide offices and statewide ballot measures. An automatic recount might also occur if election officials discover certain discrepancies described here.
Less than 2,000 votes and less than 0.5% of votes cast for statewide ballot measures or any candidate. This does not apply to state advisory votes or local ballot measures. An automatic recount also occurs if a partial recount changes an election outcome.
Less than or equal to 1% of the votes cast in the particular race for ballot measure or any candidate. For constitutional amendments, the margin must be less than or equal to 1% of the total votes cast in the entire election. An automatic recount also occurs if election officials discover irregularities in the election of a candidate.
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.
Some states allow any interested party to request a recount. As of September 2025, 21 states require a specific close vote margin before a recount can be requested. In some states, election officials may also request a recount if they discover discrepancies in vote totals.
Courts may be able to order a recount, but oftentimes only after another interested party requested a recount from the court.
General election requested recount close vote margin requirements by state
State
Candidates and/or voters may request recounts if the margin of victory is:[19]
Less than 1,000 votes or 0.5% for statewide offices, whichever is less. Ten votes or 0.5% in school board, tax levies, and school bond elections, whichever is greater.
No margin required for candidate election recounts. For ballot measures, when the vote total is greater than 15,000, the margin is less than or equal to 150 votes. When the vote total is less than 14,999 the margin is 1%.
Less than or equal to 0.25% for statewide and multi-county district elections, 2% for state legislative, county, and school board elections, five votes or 2% for municipal elections, and 2% for precinct-level voter-requested recounts.
In Tennessee, recounts cannot be requested directly, but they can occur as part of a contested election. There is no margin required to contest an election.
Less than or equal to 1% for candidates on the ballot, 0.5% for write-in candidates and 50 votes or 1%, whichever is greater, for ballot measure elections.
Less than or equal to 40 votes if the vote total is 4,000 or less or 1% if the vote total is greater than 4,000. No margin required for ballot measure elections.
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.
As of September 2025, 42 states allow candidates to request a recount. In four states, voters may request a recount for any election. In 31 states voters can request recounts in only some elections or just for ballot measures.
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.
Alabama requires an automatic recount if a statewide ballot measure or candidate for any public office in a general election "is defeated by not more than one-half of one percent of the votes cast."[31]
Requested recount procedures
Sections 17-16-21 and 17-16-40 of the Code of Alabama stipulate that any person with standing to contest an election may request a recount, even if the margin of victory falls outside the 0.5% trigger point for an automatic recount. The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case any costs paid are refunded. The time period for requesting a recount begins "with the production of the certificate of result and ends 48 hours after the official canvass of county returns."[32][33]
The relevant state statutes suggest recounts cannot be requested in elections for the U.S. Senate and U.S. House.[33]
Requested recounts that show a change in the election outcome cannot officially change the election outcome, but they do constitute grounds to contest the election in court.[32]
For more information about recount procedures in Alabama, click here.
If two or more candidates receive a tie vote, state law requires an automatic recount paid for by the state. State law does not specify a set deadline for the completion of an automatic recount.[34]
Requested recount procedures
A defeated candidate or group of ten qualified voters can request a recount if they believe there was a mistake made when counting the votes. The deadline to request a recount is within three days of the certification of a general election for governor or lieutenant governor and within five days for all other elections.[35] The deadline to complete a requested recount is no later than ten days after the start of the recount.[36]
The state pays for the requested recount if the margin of victory is less than 0.5% of the votes cast or fewer than 20 votes. If the margin of victory is greater than those covered by the state, the requester is responsible for costs associated with the recount. Any costs paid are refunded if the recount changes the outcome of the election and/or changes the percentage of votes for the requester by 4% or more.[37]
For more information about recount procedures in Alaska, click here.
Arkansas allows any candidate voted for in an election to request a recount if he or she is dissatisfied with the returns from any precinct.[41] If the number of outstanding absentee/mail-in ballots is not enough to change the election results, such a request must be made within two days after the declaration of unofficial results. If the number of outstanding absentee/mail-in ballots is enough to change the outcome, a request must be made any time before the results are certified or before noon on the seventh day following the election. There is no set deadline for the completion of a requested recount.[41]
The requester is required to pay for the recount. If the recount changes the outcome of the election, the requester is refunded.[41]
Additionally, a county board of election commissioners may choose to recount returns from any or all precincts without a request.[41]
For more information about recount procedures in Arkansas, click here.
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.[42] 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.[43] 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).[44]
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.[45]
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.[46][47] 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.[48]
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.
Colorado requires automatic recounts under the following conditions:
“
A recount of any election contest shall be held if the difference between the highest number of votes cast in that election contest and the next highest number of votes cast in that election contest is less than or equal to one-half of one percent of the highest vote cast in that election contest. If there is more than one person to be elected in an election contest, a recount shall be held if the difference between the votes cast for the candidate who won the election with the least votes and the candidate who lost the election with the most votes is less than or equal to one-half of one percent of the votes cast for the candidate who won the election with the least votes. A recount shall occur only after the canvass board certifies the original vote count.
[49]
Automatic recounts are paid for by the entity that certified the candidate or ballot measure in question.[41] Automatic recounts must be completed no later than 31 days after Election Day for all state, district, and county races.[50]
Requested recount procedures
Any of the following interested parties may request a recount:
“
[T]he candidate who lost the election, the political party or political organization of such candidate, any petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question that did not pass at the election, the governing body that referred a ballot question or ballot issue to the electorate if such ballot question or ballot issue did not pass at the election, or the agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of this title, that either supported a ballot question or ballot issue that did not pass at the election or opposed a ballot question or ballot issue that passed at the election.
[49]
A recount request must be filed no sooner than ten days or later than 22 days after the election. [51] The requester is responsible for costs unless the recount changes the outcome of the election in his or her favor or changes the results of the election to a margin where an automatic recount would have been required. Requested recounts must be completed no later than 35 days after the election.[51]
For more information about recount procedures in Colorado, click here.
Automatic recounts are required under the following circumstances:
General elections: If the margin of victory is less than 0.5% of total votes cast for office but not more than 2,000 votes, or fewer than 20 votes.[41]
Primary elections: If the margin of victory is less than 0.5% of total votes cast for office but not more than 1,000 votes, or fewer than 20 votes.[41][52]
All elections: If election officials discover a discrepancy in vote totals.[53]
State law does not specify a deadline for the competition of an automatic recount.
Requested recount procedures
Connecticut does not allow requested recounts.
For more information about recount procedures in Connecticut, click here.
The requirements for automatic recounts vary by office and type of election:
State Senate, House, and county offices in a general election:
“
If the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative, or county office is less than 1,000 votes or 1/2 of 1% of all votes cast for the 2 candidates, whichever is less, the Court shall recount the ballots cast in that election at state expense.
[49]
If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote.
[49]
The municipal Board of Elections shall recount the ballots if the difference between the top 2 candidates is 1/2 of 1% or less than the total votes cast for the office. Where electors vote for more than 1 candidate for an office, the municipal Board of Elections shall recount the ballots if the difference between the last candidate elected and the next closest candidate is 1/2 of 1% or less than the total votes cast for the office.
[49]
The requirements for requested recounts vary by office and type of election:
Statewide offices in a general election:
“
Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense. The request for a recount under this subsection must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner’s contest.
[49]
Requested recounts of this type are paid for by the state.
School board, tax levies, and school bond elections:
“
Within 96 hours following the certification of a public school election, 25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 of this title was less than 10 votes or 1/2 of 1 percent of the total vote whichever is larger. The petition shall contain the printed name, signature and the voting location of each petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition.
[49]
Automatic recounts are required if a candidate or measure is defeated by less than 0.5% of the total votes cast. The initial recount is conducted using automatic tabulating equipment and consists of all ballots cast.[53] If the results of the initial recount show a new margin where a candidate or measure is defeated by less than 0.25% of the total votes cast, a second recount is conducted by hand. The second recount, if required, consists only of overvotes and undervotes. The second recount is not required if the total number of such votes is not large enough to change the outcome of the election.[54]
Below are the deadlines for recounts by stage and election type:[55]
Initial recount:
Regularly-scheduled primary election: no later than 3:00 p.m. on the fifth day after the election.
General/special elections: no later than 3:00 p.m. on the ninth day after the election.
Provisions regarding automatic recounts do not apply to presidential preference primaries and elections for political party executive committee members.[55]
Requested recount procedures
Florida does not allow requested recounts.
For more information about recount procedures in Florida, click here.
Under Georgia law, recounts may be requested under the following conditions:[56]
A candidate may request a recount within two business days following the certification of results if the margin between candidates is less than or equal to 0.5%.
An election official may order, at his or her discretion, a recount if it appears there is a discrepancy or error in the returns. In precincts using paper or scanned ballots, any candidate or political party may petition the election official to make such an order. In precincts using voting machines, any three electors of the precinct may do the same.
For constitutional amendments and binding referendum questions, the Constitutional Amendment Publication Board may, at its discretion, request a recount if the margin is less than or equal to 0.5% within two business days following the certification of results.
The secretary of state may request a recount at his or her discretion if a candidate for federal or state office petitions the office regarding an apparent discrepancy or error in the returns.
State law specifies neither deadlines for completion nor who is responsible for requested recount costs. The group Verified Voter writes that "according to the Office of the Georgia Secretary of State, for recounts authorized under Title 21, the petitioners are not responsible for any of the costs incurred by election officials."[57]
For more information about recount procedures in Georgia, click here.
Automatic recounts are required if election results show a margin of victory less than or equal to 100 votes or 0.5% of the total votes cast, whichever is lesser.[58] The deadline to complete an automatic recount is no later than the fifth business day after Election Day. Candidates are not charged for automatic recounts.[41]
Requested recount procedures
Hawaii does not allow requested recounts.
The laws governing Hawaii's recount procedures can be found here. Rules pertaining to recounts can be found here.
Any candidate or person supporting or opposing a ballot measure may request a recount within twenty days of the canvass.[59]
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.[60]
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.[61]
The deadline for completion of a requested recount is no more than ten days from the date the recount was ordered.[62]
For more information about recount procedures in Idaho, click here.
A losing candidate may request a recount if he or she received at least 95% of the vote of the winning candidate. The recount must be requested within five days after the canvass. The deadline for completion is three days after notice of the recount is sent to the winning candidate. Any five electors from the same area a ballot question is considered may request a recount if "the losing side on the question would have been the prevailing side had it received an additional number of votes equal to 5% of the total number of votes cast on the question."[41]
In Illinois, a requested recount cannot directly change the election outcome 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.[63]
For more information about recount procedures in Illinois, click here.
Any candidate may request a recount by filing a request no earlier than 10 days after the election and no later than 12:00 p.m. 14 days after the election. If a candidate does not request a recount by that time, his or her party chair has three extra days to request a recount.[64] Any voter who voted in the election may request a recount for a ballot measure. In order to make such a request, the voter must present a petition containing signatures from at least 10% of the total number of voters who voted on the measure in question.[65] In all instances, the requester is responsible for costs associated with the recount. Any costs paid by the requester are refunded if the recount changes the election outcome.[66]
State law only specifies a deadline for a requested recount for certain offices. For legislative offices, a recount must be completed by December 20, but this can be extended if the State Recount Commission finds there is good cause for doing so.[67] For local offices, a recount must be completed by the final Friday in June for the primary or by December 20 for the general election.[68]
For more information about recount procedures in Indiana, click here.
Candidates may only request a recount in a federal or statewide race if there is a 0.15% difference in vote margin. Local and state legislative candidates may only request a recount if the difference in vote margin is the lesser of 1% or 50 votes. Costs are paid by the state.[69]
Voter(s) may request a recount on a ballot measure by submitting a petition under the following guidelines:
“
The petition shall be signed by the greater of not less than ten eligible electors or a number of eligible electors equaling one percent of the total number of votes cast upon the public measure. Each petitioner must be a person who was entitled to vote on the public measure in question or would have been so entitled if registered to vote.
[49]
Recounts can only be requested for a statewide ballot measure if there is a .15% difference in vote margin. Recounts can only be requested for other public measures if the difference in vote margin is the lesser of either 1% or 50 votes.
Recounts must be requested within three days of the county canvass. For a city runoff election the written request must be made on the day following the county board’s canvass of the election. The deadline for completion is 18 days after the request was received.[70]
An election official may also request a recount paid for by the state if he or she suspects voting equipment malfunctions or receives reports of counting errors.[71] State law does not specify deadlines for the completion of such a requested recount but does indicate that the request may be made after the canvass.
For more information about recount procedures in Iowa, click here.
Any candidate may request a recount. Recount requests must be made by 5 p.m. on the day following the county canvass.[41] The deadline for completing the recount is 5 p.m. on the fifth day following the filing of the request.
If the margin between candidates is less than or equal to 0.5%, the state covers the costs. In all other instances, candidates are responsible for costs associated with the recount. Costs paid by the candidate are refunded if the recount changes the election outcome.[41]
Any voter may request a recount on a ballot measure. The voter is responsible for costs associated with the recount. Costs paid by the voter are refunded if the recount changes the election outcome.[41]
A county board of canvassers may request a recount if a majority of its membership determines that there were errors that might affect the outcome of the election.[41]
For more information about recount procedures in Kansas, click here.
Kentucky requires automatic recounts under the following conditions:
“
In any regular election or special election for any member of the General Assembly, the United States Senate or the United States House of Representatives, Governor and Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of Agriculture, Labor and Statistics, Secretary of State, and Attorney General, a recount of the vote shall be required when a candidate is defeated by a margin of not more than one-half of one percent (0.5%) of the votes cast for the office.[49]
An automatic recount must begin by 9 a.m. on either the first Tuesday following the election or the second Tuesday following the election, depending on the office. The state pays for any costs related to an automatic recount.[72]
Additionally, if an election official discovers an administrative or clerical error during the election and vote-counting process, he or she must report to the county clerk. The county clerk must then, within 15 days of the election, request a recount in the precinct(s) where the error was discovered.[72]
Requested recount procedures
In primary elections, any candidate may request a recount. In general elections, any candidate may request a recount, with the exception of candidates for the offices of governor, lieutenant governor, the General Assembly, and some municipal offices.[73] In both types of election, the requester is responsible for costs associated with the recount. State law does not mention any refunds of costs. Candidates requesting recounts must do so within 10 days after the election.[74]
Any voter who was qualified to vote and did vote on a constitutional convention or ballot measure may request a recount in those elections. The requester is responsible for costs associated with the recount. State law does not mention any refunds of costs. Voters requesting recounts must do so not more than 15 days after the official canvass.[75] Additionally, any voter who was qualified to vote and did vote on any other public question may request a recount within 30 days of the election.[76]
Kentucky does not specify a set deadline for the completion of any requested recount.
For more information about recount procedures in Kentucky, click here.
Candidates and voters (with regards to ballot measures) may request a recount of absentee/mail-in ballots only if the number of such ballots could change the election outcome. The recount must be requested by 4:30 p.m. on the third day after the election. Requesters are responsible for costs associated with the recount. Costs paid by the requester are refunded if the recount changes the election outcome. The deadline for these recounts is the fifth day after the election.[77]
Candidates may also request a reinspection of votes cast on direct recording electronic machines. The deadline to make a request is 4:30 p.m. on the third day after the election. Candidates are responsible for costs associated with the reinspection. State law does not mention a refund if the reinspection changes the election outcome.[78]
Candidates and voters may also request a recount of absentee/mail-in ballots before a contested election trial if they allege an error that would change the outcome of the election.[79] Requesters are responsible for costs unless the court determines an error was made that changes the election outcome, in which case no costs are levied.[80]
There are no set deadlines for the competition of contested election trial recounts.
For more information about recount procedures in Louisiana, click here.
A recount is automatically initiated in Maine only in cases where a state or municipal race is tied.[81]
Requested recount procedures
Requested recount procedures vary depending on the requester and the office. In all instances, requesters are responsible for costs associated with a recount if the margin is larger than those described below. If a requester pays for a recount and the recount changes the election outcome, the requester is refunded. Additionally, a requester may receive a refund even if the recount does not change the outcome if the amount paid was greater than the actual cost of the recount.
Candidate-requested recounts
The deadline to request a recount is no later than five business days after the election. Any losing candidate may request a recount unless ranked-choice voting was used, in which case only the top three finishers in the second-to-last round may request a recount. The state covers the cost of the recount under the following circumstances:
State legislative and single-county offices: if the margin between the requester and the winning candidate is less than or equal to 1.5% of the total votes cast.[41]
Statewide and multi-county offices: if the margin between the requester and the winning candidate is less than or equal to 1% of the total votes cast.[41]
Municipal offices: varies depending on the combined vote totals:[82]
Less than or equal to 2.5% if the combined vote totals for the candidates is 1,000 or less.
Less than or equal to 2% if the combined vote totals for the candidates is between 1,001 and 5,000.
Less than or equal to 1.5% if the combined vote totals for the candidates is 5,001 or more.
Voter-requested recounts
Voters may request recounts of ballot questions by meeting certain requirements:
Statewide: voters must submit a petition signed by at least 200 registered voters within eight business days after the election.[83] If the margin is less than or equal to 1% or 1,000 votes, whichever is less, the state covers the cost of the recount.[83]
Municipal: voters must submit an application of 10% or 100 registered voters in the municipality, whichever is less. In addition, a recount can be ordered by a majority vote of the municipal officers if a municipal referendum passes or fails by less than 1% of all votes cast.[84] Cost responsibilities pertaining to municipal ballot measure recounts are the same as those for municipal offices listed above.[85]
Candidates may request a recount of their race and voters may request a recount of any questions on the ballot. Candidates and voters cannot petition for a recount if the margin separating the apparent winner and losing candidate or position is more than 5%.[86][87] In general, the petitioner must pay for the recount. However, the petitioner is not liable to pay for the recount if any of the following conditions are met:[88]
"The outcome of the election is changed;"
"The petitioner has gained votes equal to 2% or more of the total votes cast for the contest; or"
"The margin of difference between the two candidates with the most votes is 0.25% or less of the votes cast for those two candidates."
The deadline to request a recount is within three days after the certification of the election results. There is no set deadline for the competition of the recount.
For more information about recount procedures in Maryland, click here.
Massachusetts does not require automatic recounts.
Requested recount procedures
The requirements for requested recounts varies by race and office type.
In statewide and district-wide races, candidates can request a recount only if the margin of victory is less than or equal to 0.5% of all votes cast for the office.
For statewide offices, a recount request must be accompanied by signatures from at least 1,000 registered voters.
For district-wide offices, a request must be accompanied by a number of registered voters equal to one-fourth of the number of nominating signatures required for state primary candidates.
No close vote margin is required to request the recount of a municipal office. The signature requirements for municipal candidates can be found on page four of this manual.
The state covers the cost of the recount. For a primary election, the deadline to request a recount is by 5:00 p.m. within six days after the election. For a general election, the deadline is by 5:00 p.m. within ten days after the election.
The statewide, district-wide, and local margin, signature, and timing requirements apply to voters requesting a recount of statewide, district-wide, and local ballot measures, respectively.
For more information about recount procedures in Massachusetts, click here.
Automatic recounts are required if the vote differential between the two candidates is .1% or less for statewide elections, 75 votes or less for state senate elections, and 25 votes or less for state house elections.[72]
The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) immediately following the last day to file counter petitions.[89]
This provision does not apply to presidential primary elections.[90]
Requested recount procedures
A candidate can request a recount if they believe "but for error, a different candidate would have been elected" and all of the following conditions are met:[91]
The candidate ran for one of the following offices: president and vice president, state executive (e.g., governor), U.S. Senate, U.S. House, circuit judges, state senate and state representative.
The request "alleges that the candidate is aggrieved on account of error in the canvass or returns of the votes." A requester is considered aggrieved if they are "able to allege a good-faith belief that, but for error in the canvass or returns of the votes, the candidate would have had a reasonable chance of winning the election."[92] The candidate must file the recount petition in good faith and the number of votes requested to be recounted must be "greater than the difference in votes between the petitioning candidate and the winning candidate."
The petition for a recount is filed not later than 5 p.m. of the second day after the state canvass.
The petition is filed with the secretary of state.
The petition is written or printed and is signed and sworn to by the candidate.
The petition uses a prescribed form.
Additionally, if a state Senate race is determined by 500 votes or fewer or a state House race is determined by 200 votes or fewer, a state party chair may request a recount following the requirements described above.[91] A ballot committee may also request recounts for ballot measures following the requirements above. If no ballot committee participated in the election, any voter who participated in the election may file a recount petition meeting the requirements outlined above.[93]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. If during the course of a recount, a precinct is deemed not recountable or is not recounted due to the withdrawal of the request, the costs paid by the requester to recount that precinct are refunded.[94]State law specifies the exact fee paid by a requester depending on vote margin.
The deadline to complete a recount is no later than 20 days (primary) or 30 days (general) immediately following the last day to file counter petitions.[95] If a recount involves the office of president and vice president, the recount must be completed and certified before 3 p.m. on the sixth day before the meeting of the state's presidential electors. If the recount cannot be completed by that date due to a government-declared emergency or court order, it must be completed as soon as possible but not later than 11:59 p.m. on the second day before the meeting of the state's presidential electors.Cite error: The opening <ref> tag is malformed or has a bad name
For more information about recount procedures in Michigan, click here.
Following an election, Minnesota requires a post-election audit of votes cast. An automatic recount is required under the following circumstances:
“
If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, the secretary of state must notify the postelection review official of each county in the district that they must conduct manual recounts of all the ballots in the district for the affected office using the procedure outlined in section 204C.35. The recount must be completed and the results reported to the appropriate canvassing board within one week after the postelection review official received notice from the secretary of state.
[49]
Any manual recounts must be completed within one week after the secretary of state issues the order for a manual recount.[69] Minnesota requires an automatic recount of statewide constitutional amendment elections when the margin is less than 0.25% of all votes cast in the election.[96]
Requested recount procedures
A losing candidate may request a recount of his or her race. A voter may request a recount of ballot measure results after submitting a petition containing the signatures of 25 voters who were eligible to vote on the ballot measure.[97]
The state covers the cost of the requested recount if the results are within the margins described below:[41]
Candidate-requested
Statewide, and district judicial offices:
Less than 0.25% of the total votes counted for the office, or
Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
State legislative offices:
Less than 0.5% of the total number of votes counted for the office, or
Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
County, school district, and municipal offices:
Less than 0.25% of the total number of votes counted for the office, or
Less than 0.5% of the total number of votes cast for the office when the total number is more than 400 but less than 50,000, or
Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
Voter-requested
County, school district, and municipal ballot measures:
Less than 0.25% of the total number of votes counted for the measure, or
Less than 0.5% of the total number of votes cast for the measure when the total number is more than 400 but less than 50,000, or
Less than ten votes when the total number of votes cast for the measure is less than or equal to 400.
In all other instances, the requester is responsible for costs associated with the recount. Costs are refunded if the recount changes the election outcome or if the difference between the initial and recounted totals is greater than two votes and greater than one-quarter of one percent of the number of ballots counted.[41][69]
For federal, statewide, district judicial, and state legislative recounts, the request must be filed no later than 5:00 p.m. on the second day after the primary or general election canvass. For county, school district, and municipal offices and ballot measures, the request must be filed no later than 5:00 p.m on the fifth day after the primary election canvass or no later than 5:00 p.m on the seventh day after the general election canvass.[41][97]
The secretary of state may also request a recount using the following guidelines:
“
The secretary of state may conduct a recount to verify the accuracy of vote counting and recording in one or more precincts in which an electronic voting system was used in the election. The results of the recount must be reported to the appropriate canvassing board. Time for notice of nomination, election, or contest for an office recounted pursuant to this section must begin upon certification of the results of the recount by the canvassing board.
[49]
Missouri allows defeated candidates and any person, regarding a ballot measure, to request a recount. For candidates and ballot questions filed with local election officials, a recount may be requested if the margin separating the two candidates or positions is less than 1%. For candidates and ballot questions filed with the secretary of state, a recount may be requested if the margin separating the two candidates or positions is less than .5%. For candidates and ballot questions filed with the secretary of state, the deadline for the request is no later than seven days after the certification of the election. The deadline to complete such a recount is no later than 20 days after the notice of the recount.[99]
A court may order a recount as part of a contested election initiated by a candidate or, in the case of a ballot measure election, a person under the following circumstances:
“
If the court finds there is a prima facie showing of irregularities which place the result of the primary election in doubt, the court shall order a recount of all votes brought in question by the petition or its answer. Where the issue is drawn over the validity of certain votes cast, a prima facie case is made if the validity of a number of votes equal to or greater than the margin of defeat is placed in doubt. The court may order a recount of all votes brought in question by the petition or its answer at any time if it finds that the primary election result is placed in doubt. All materials and records relating to the contested election may be subpoenaed and all information contained therein shall be subject to the rules of discovery in civil cases. During a recount, the court may hear additional evidence offered by any party bearing on any issue relating to the contested election.[49]
Election officials may also request a recount under the following circumstances:
“
The election authority, if convinced that errors of omission or commission have occurred on the part of the election authority, election judges, or any election personnel in the conduct of an election, may petition the circuit court for a recount ...[49]
Montana requires an automatic recount in the event of a tie.[100] State law does not specify a set deadline for the completion of the automatic recount.
Requested recount procedures
Montana allows voters, regarding ballot question elections, and defeated candidates to request a recount paid for by the state under the following circumstances:
“
(a) a candidate for a precinct office or for a county, municipal, or district office voted for in only one county, other than a legislator or a judge of the district court, is defeated by a margin not exceeding 1/4 of 1% of the total votes cast or by a margin not exceeding 10 votes, whichever is greater, and the defeated candidate, within 5 days after the official canvass, files with the election administrator a verified petition stating that the candidate believes that a recount will change the result and that a recount of the votes for the office or nomination should be conducted;
(b) a candidate for a congressional office, a state or district office voted on in more than one county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast for all candidates for the same position and the defeated candidate, within 5 days after the official canvass, files a petition with the secretary of state as set forth in subsection (1)(a). The secretary of state shall immediately notify each election administrator whose county includes any precincts that voted for the office, and a recount must be conducted in those precincts.
(c) a question submitted to the vote of the people of a county, municipality, or district within a county is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the election administrator. This petition must be signed by not less than 10 electors of the jurisdiction and must be filed within 5 days after the official canvass.
(d) a question submitted to the vote of the people of the state is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 100 electors of the state, representing at least five counties of the state, and must be filed within 5 days after the official canvass.
(e) a question submitted to the vote of the people of a multicounty district is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 25 electors of the district, representing at least two counties, and must be filed within 5 days after the official canvass.[49]
Additionally, a defeated candidate may request a recount paid for by the requester if the margin is greater than 0.25% but less than or equal to 0.5% of the total votes cast. The deadline to request such a recount is no later than five days after the canvass.[101]
A court may order a recount but only after a defeated candidate or voter, regarding a ballot measure, requests a recount before the court. The deadline to request a court-ordered recount is no later than five days after the canvass. The requester must specify grounds for the recount. The court determines whether there is probable cause to believe that votes were improperly counted.[102] The requester of a court-ordered recount is responsible for any costs associated with that recount unless the recount changes the outcome of the election, in which case any costs paid are refunded.[103]
A canvassing board may also request a recount if they find an error or miscount affecting the accuracy of vote totals and a recount is considered necessary as part of its investigation.[104]
For more information about recount procedures in Montana, click here.
Nebraska requires an automatic recount under the following circumstances:[72]
For candidates in elections in which more than 500 votes are cast: A recount is triggered if the margin of victory separating the winning candidate from the second-place finisher is less than or equal to 1% of all votes received by the winning candidate.
For candidates in elections in which fewer than 500 votes are cast: A recount is triggered if the margin of victory separating the winning candidate from the second-place finisher is less than or equal to 2% of all votes received by the winning candidate.
Recounts for elections filed with the secretary of state shall be made on the fifth Wednesday after the election.[72]
Additionally, election officials may need to conduct a recount under the following circumstances:[105]
“
If in the process of canvassing the votes for any candidate or measure in any precinct the election commissioner or county clerk or the canvassing board determines that there is an obvious error in the certification of the votes, the error shall be corrected. The county canvassing board may open the ballots-cast container and recount the ballots for any candidate or any measure which appears to be in error.[49]
Any candidate defeated by a margin greater than what would have triggered an automatic recount may request a recount. The deadline to request a recount is no later than the fifth day after the canvass.[106] For general election state legislative candidates, the deadline to request a recount is no later than the fourth Monday after the election.[107] The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case any costs paid are refunded.[106][107]
For more information about recount procedures in Nebraska, click here.
Nevada allows any candidate defeated at any election to request a recount. Any voter may request a recount of the vote for a ballot measure. The deadline to request a recount is no later than three business days after the canvass of the vote. Each recount must begin within five days after the request and must be completed no later than five days after its start.[108][109]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in his or her favor, in which case the requester is refunded any costs paid. If the recount does not change the election outcome, the requester may receive a refund if the costs paid were greater than the cost of the recount.[109]
For more information about recount procedures in Nevada, click here.
New Hampshire does not require automatic recounts.
Requested recount procedures
The requirements and guidelines for requested recounts vary by requester, office, and election type:
Candidate-requested recounts:
General elections:
“
Any candidate for whom a vote was cast for any office at a state general election may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total ballots cast in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday following the election.[49]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded. If the recount does not change the election outcome, the requester may receive a refund if he or she lost by less than 1% of the total votes cast.[110]
State primary elections:
“
Any person for whom a vote was cast for any nomination of any party at a state primary may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate of that party declared nominated is less than 10 votes or less than 1.5 percent of the total ballots cast in the primary for that party in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than 5:00 p.m. on the Friday after the primary election.[49]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded.[111]
Presidential primary elections:
“
Any person receiving at least 9 percent of the votes cast in any party's presidential primary may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday after the primary for a recount of all ballots cast for such nomination.[49]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome so that the requester thereby qualified for federal funding or received at least one additional delegate, in which case any costs paid are refunded.[112]
Village district, town, and school board elections:
“
Any person for whom a vote was cast and recorded for any office at a town election may, no later than the Friday following the election, apply in writing to the town clerk for a recount of the ballots cast for such office, the clerk shall appoint a time for the recount not earlier than 5 days nor later than 10 days after the receipt of said application.[49]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded. If the recount does not change the election outcome, the requester may receive a refund if he or she lost by less than 1% of the total votes cast.[114]
Voter-requested recounts:
Statewide constitutional amendment elections:
“
Upon receipt of petitions of 100 voters made no later than the fourth Friday following the date of the election, the secretary of state shall recount the ballots cast on any question to amend the constitution if the proposal was adopted or failed by no more than one percent of the vote cast.[49]
The state is responsible for costs associated with the recount.[115]
County ballot measure elections:
“
Application for such recount shall be by written petition signed by at least 50 legal voters of said county presented to the secretary of state no later than the second Friday following the state general election.[49]
The requester is responsible for costs associated with the recount. State law does not mention the possibility of a refund.[116]
Local ballot measure elections:
“
Five legal voters of any city or town which has voted on any question other than constitutional amendments printed on the ballot at any state election as provided in RSA 663 may, no later than the second Friday after the election, petition the secretary of state for a recount of the votes cast upon said questions.[49]
New Jersey allows candidates and voters to request recounts under the following guidelines:
Candidate-requested recounts:
“
When any candidate at any election shall have reason to believe that an error has been made in counting the votes of that election, the candidate may, within a period of 3 days after the certification of the results of the election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts.[49]
When ten voters at any election shall have reason to believe that an error has been so made in counting the votes upon any public question at any election, such voters may, within a period of 3 days after the certification of the results of the election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts on such public question.[49]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case any costs paid are refunded. If the recount did not change the election outcome, requesters also receive a refund if the recount changes the results in any district by either 10 votes or 10%, whichever is greater.[118]
State law does not specify a set deadline for the completion of a requested recount.
For more information about recount procedures in New Jersey, click here.
New Mexico requires automatic recounts under the following circumstances:[72]
“
An automatic recount of the vote is required when the canvass of returns indicates that the margin between the two candidates receiving the greatest number of votes for an office, the margin between those supporting and those opposing a ballot question or the margin affecting the outcome of a nonpartisan judicial retention election is less than:
(1) one-fourth percent of the total votes cast in that election:
(a) for that office in the case of a federal or statewide office;
(b) on a ballot question in the case of a state ballot question; or
(c) on a nonpartisan judicial retention election in the case of the supreme court or the court of appeals;
(2) one-half percent of the total votes cast in that election:
(a) for that office in the case of a public education commissioner, district attorney or any office elected countywide in a county with more than one hundred fifty thousand registered voters;
(b) on a ballot question in the case of a local ballot question; or
(c) on a nonpartisan judicial retention election in the case of a district court or the metropolitan court; or
(3) one percent of the total votes cast in that election or five or fewer votes between the two candidates receiving the greatest number of votes for that office in the case of any other office.[49]
The deadline to order such an automatic recount is upon the completion of the canvass for multi-county elections and within seven days after the canvass for single-county elections.[72] State law does not specify a set deadline for the completion of an automatic recount.
Additionally, following the general election, New Mexico requires an audit of voting systems for all federal elections, the gubernatorial election, and the statewide election (other than the gubernatorial election) with the smallest margin of victory.[119] The audit is conducted in a random sample of precincts selected no later than 12 days after the election in order to produce an error rate. If the initial audit decreases the margin of victory in a particular election and shows an error rate greater than 90%, a second audit is conducted with a new random sample for that election. If the error rate remains over 90%, an automatic manual recount is required for the election in question.[120]
Requested recount procedures
New Mexico allows any candidate to request a recount using the following guidelines:
“
Whenever any candidate believes that any error or fraud has been committed by any precinct board in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified, the candidate, within six days after completion of the canvass by the proper canvassing board, may have a recount of the ballots, or a recheck of the votes shown on the voting machines, that were cast in the precinct.[49]
Any voter who voted in an election to adopt the local option of the Liquor Control Act may request a recount of that election.[121]
The requester is responsible for costs associated with a requested recount unless the recount changes the election outcome, in which case any costs paid are refunded.[122] State law does not specify a set date for the completion of a requested recount.
For more information about recount procedures in New Mexico, click here.
New York requires an automatic recount if the margin of victory is 20 votes or less; or 0.5% or less; or less than 5,000 votes in a contest where one million or more ballots are cast.[72]
Additionally, New York requires a manual audit of at least 3% of each type of voting machine no later than fifteen days after a general or special election, thirteen days after a primary election, and seven days after a village election.[123] Discrepancies discovered during this audit might escalate to the point where a binding automatic recount is required.[124]Click here to view the protocols used during such an audit.
Requested recount procedures
A court may independently request a recount.[125] State law does not specify the procedure in which such a requested recount would take place.
A candidate in a village election may request a recount. The deadline to request such a recount is no later than two days after the election. Additionally, a village election official may call for a recount without a request from any candidate in a village election. The deadline for the completion of such a recount is no later than five days after the village election official informs the county board of elections of the requested recount.[126]
For more information about recount procedures in New York, click here.
If an initial requested recount was not conducted manually and did not change the election outcome, the requester may ask for a second manual recount. If it changed the election outcome, the initial winning candidate may do the same. This second, manual recount is a partial recount conducted using a random sample of precincts. If during the course of this partial recount, a difference in results is found that, if extrapolated across the jurisdiction, would change the election outcome, then an automatic manual recount is required for the entire jurisdiction in which the election was held, paid for by the state.[127]
Requested recount procedures
North Carolina allows candidates to request a recount under the following circumstances:[128]
Races governed by a county board of elections:
Single-seat elections: if the difference between the votes for the requester and the winning candidate is less than or equal to 1% of the total votes cast in the election.
Multi-seat elections: if the difference is less than or equal to 1% of the votes cast for the winning and losing candidates.
The deadline to request such recounts is no later than 5:00 p.m. on the first business day after the canvass.
Races governed by the state board of elections:
Statewide elections: if the difference between the votes for the requester and the winning candidate is less than or equal to 10,000 votes or 0.5% of the votes cast, whichever is less.
Non-statewide elections: if the difference is less than or equal to 1% of the votes cast for single-seat elections or 1% of the votes for the winning and losing candidates for multi-seat elections.
The deadline to request such recounts is no later than 12:00 p.m on the second business day after the canvass.
State law does not specify who is responsible for costs associated with a requested recount, but the North Carolina State Board of Elections has indicated the general practice is that the counties cover such costs.[129] State law does not specify a set deadline for the completion of requested recounts.
For more information about recount procedures in North Carolina, click here.
North Dakota requires an automatic recount under the following circumstances:[41]
Primary election: if any candidate lost by less than or equal to 1% of the votes cast for the candidate with the most votes.
General and special elections: if any candidate lost by less than or equal to 0.5% of the votes cast for the candidate with the most votes.
Ballot measure election: if the measure passed or failed by 0.25% of the total votes cast on the measure.
The order to conduct an automatic recount must be made no later than four days after the canvass of the vote. The deadline to complete an automatic recount is no later than seven days after that order for state legislative elections and no later than 14 days for statewide elections. For all other elections, the deadline for completion is no later than eight days after the canvass.[41]
Requested recount procedures
Candidates may request a recount under the following circumstances:[41]
Primary election: if the requester is defeated by more than 1% and less than 2% of the votes cast for the candidate with the most votes.
General and special elections: if the requester is defeated by more than 0.5% and less than 2% of the votes cast for the candidate with the most votes.
A recount cannot be requested for a ballot measure election.
The deadline to request such a recount is no later than three days after the canvass of the vote. The deadline to complete the recount is no later than seven days after the order is given to conduct a requested recount for state legislative elections and no later than 14 days for statewide elections. For all other elections, the deadline for completion is no later than eight days after the canvass.[41]
The requester is responsible for costs associated with a recount. State law does not indicate whether these costs are refunded if the recount changes the election outcome.[41]
For more information about recount procedures in North Dakota, click here.
Ohio requires automatic recounts under the following circumstances for candidates and ballot measures:[130]
County, municipal, and district elections: if the margin between the winning candidate and the next closest candidate is less than or equal to 0.5% of the total vote.
Statewide elections: if the margin between the winning candidate and the next closes candidate is less than or equal to 0.25% of the total vote.
The deadline for the completion of an automatic recount is no later than ten days after the recount was ordered.[95] For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College.[131]
Requested recount procedures
Any candidate who received votes in an election but was not the winner may request a recount. A group of five or more registered voters may request a recount of any ballot measure.[132]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in the requester's favor, in which case costs are refunded. If the recount changed the results in a precinct by 4% or more in favor of the requester, the cost of the recount in any such precinct is refunded to the requester even if the overall recount did not change the election outcome.[133]
The deadline to request a recount is no later than five days after the declaration of results.[134] The deadline for the completion of a requested recount is no later than ten days after the date the request was made except for in the case of a requested presidential recount, which must be completed no later than six days before the meeting of the Electoral College.[95][131]
For more information about recount procedures in Ohio, click here.
Any candidate whose name appeared on the ballot may request a recount of that election regardless of the margin.[135]
A voter may request a recount of any non-statewide ballot measure election. The request can only be made under the following circumstances:[136]
For measures requiring a simple majority vote:
The number of total votes cast is 15,000 or more: the margin between votes for and against the measure must be less than or equal to 150.
The number of total votes cast is 14,999 or less: the margin between votes for and against the measure must be less than or equal to 1% of the total votes cast.
For measures requiring more than a simple majority vote:
The number of total votes cast is 15,000 or more: the margin between votes for the measure and the number required for approval must be less than or equal to 150.
The number of total votes cast is 14,999 or less: the margin between votes for the measure and the number required for approval must be less than or equal to 1% of the total votes cast.
When making the request, the voter must submit a petition signed by 150 registered voters who participated in the election, when the total number of votes cast on the measure is greater than 15,000. When the total number is fewer than 14,999, the petition must be signed by a number of registered voters who participated in the election equal to 1% of the total votes cast on the measure.
The deadline to request a recount is no later than 5:00 p.m. on the Friday following the election.[135] For both candidates and voters, the requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. If the recount does not change the election outcome, the requester may receive a refund if the costs paid were greater than the cost of the recount.[137] State law does not specify a deadline for the completion of such requested recounts.[41]
Election officials may also conduct a recount on Election Night if certain issues are detected such as malfunctioning voting equipment or a gap between ballots cast and voters who voted is greater than or equal to 2%.[138] The State Election Board may also direct counties to conduct Election Night recounts in the event of unanticipated issues.[139]
For more information regarding recount procedures in Oklahoma, click here.[140]
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.[72] 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.[141]
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.[43]
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.[43] Only a full recount is sufficient to change the outcome of an election.[142]
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.[143] 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.[43]
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.[43]
There is no set deadline for the completion of a requested recount.
For more information about recount procedures in Oregon, click here.
Pennsylvania requires automatic recounts if the margin of victory for a statewide office or ballot question appearing on the ballot in every election district is less than or equal to 0.5% of all votes cast for the office or ballot measure.[144] Such a recount must be ordered by the secretary of state no later than 5:00 p.m. on the second Thursday following the election. The recount shall begin no later than the third Wednesday following the election and must be completed no later than 12:00 p.m. on the following Tuesday.[144]
Election officials may be required to conduct an automatic recount in the event of certain discrepancies described here.[145]
Requested recount procedures
Three voters of an election district may request a recount in the county of their election district by submitting an affidavit alleging errors in the vote totals. The deadline to request such a recount is no later than five days after the election.[144] Three voters of an election district may also request a recount through the court of common pleas.[146] In order to conduct the recount in multiple election districts, requests must be made in each respective district following these guidelines.[146] The deadline to request such a recount is no later than five days after the completion of computational canvassing. If error or fraud is found, an additional five days is provided to make additional requests elsewhere.[147] Requesters are responsible for costs associated with the recount unless the recount shows that fraud or substantial error occurred, in which case the costs are refunded.[146] There is no set deadline for the completion of requested recounts.
More information about recount procedures in Pennsylvania can be found here and here.
In Rhode Island, a candidate can request a recount under the following conditions:[148]
Offices for which only one candidate can be elected:
If the total number of votes cast for the office in question is less than or equal to 20,000, a candidate can request a recount if he or she trails the winning candidate by 2 percent of votes cast or 200 votes, whichever is less.
If the total number of votes cast for the office in question is between 20,001 and 100,000, a candidate can request a recount if he or she trails the winning candidate by 1 percent of votes cast or 500 votes, whichever is less.
If the total number of votes cast for the office in question is greater than 100,000, a candidate can request a recount if he or she trails the winning candidate by 0.5 percent of votes cast of 1,500 votes, whichever is less.
Offices for which multiple candidates can be elected:
If the total number of votes cast for the office in question is less than or equal to 5,000, a candidate can request a recount if he or she trails the winning candidates by 2 percent of votes cast or 50 votes, whichever is less.
If the total number of votes cast for the office in question is between 5,001 and 20,000, a candidate can request a recount if he or she trails the winning candidates by 1 percent of votes cast or 100 votes, whichever is less.
If the total number of votes cast for the office in question is greater than 20,000, a candidate can request a recount if he or she trails the winning candidates by 0.5 percent of votes cast or 150 votes, whichever is less.
In the case of ballot questions, individual voters and/or groups may request a recount under the following conditions:[149]
For ballot questions for which fewer than 100,000 votes are cast, the margin of victory must be 2 percent or less.
For ballot questions for which more than 100,000 votes are cast, the margin of victory must be 1 percent or less.
Election officials may request a recount in response to error, irregularities, or improprieties in the conduct of an election.[150][151]
The deadline to request a recount of a primary election is no later than 4:00 p.m. the day following the primary.[150] For general elections and any election involving a ballot measure, the deadline is the seventh day following the declaration of results.[152] There is no deadline for the completion of a requested recount. State law does not specify who is responsible for the costs of a requested recount.
For more information about recount procedures in Rhode Island, click here.
South Carolina requires automatic recounts when the margin is less than or equal to 1% of total votes cast for the office, between the number of votes qualifying a candidate to go to a runoff, or between number of votes cast in favor of and opposed to any constitutional amendment, question or issue.[72] A candidate or candidates can waive a recount in writing.
Requested recount procedures
South Carolina does not allow requested recounts.
For more information about recount procedures in South Carolina, click here.
South Dakota requires an automatic recount in the event of a tie vote for any office except for school and township elections.[153] There is no set deadline for the completion of an automatic recount.
Requested recount procedures
There is no specified deadline for the completion of requested recounts. State law does not specify who is responsible for costs associated with a requested recount but the secretary of state's office has indicated that the state covers all costs.[154]
South Dakota allows candidates and voters to request recounts. The requirements in order to request a recount vary by requester and office type.
Candidate-requested recounts:
Statewide and multi-county district elections:
A candidate for statewide or multi-county office other than the legislature may file a petition with the secretary of state seeking a recount if the margin is .25% or less of the total votes cast for the office, position, or nomination. The petition must be filed within three days after the completion of the official canvass by the State Board of Canvassers.[155]
Presidential elections:
The chairman of the state central committee of the political party that nominated the groups of candidates or two or more candidates may file a petition with the secretary of state seeking a recount if the margin is .25% or less of the total of votes cast for both groups of candidates. A petition must be filed prior to the canvass by the State Board of Canvassers.[156]
Multi-county state legislative elections:
Any candidate in a multi-county state legislative election may file a petition with the secretary of state seeking a recount if the margin is equal to or less than 2% of the total vote cast for all candidates for the office. A petition must be filed within three days after completion of the official canvass by the State Board of Canvassers.[157]
Single-county state legislative and county elections:
A candidate for office in a single-county legislative or countywide election may file a petition with the secretary of state seeking a recount if the margin is equal to or less than 2% of the total vote cast for all candidates for the office, position, or nomination. The petition must be filed within three days after the election returns have been canvassed either by the official county canvass or the official state canvass.[158]
Municipal elections:
A losing or tied candidate for municipal office may request a recount if the election margin is less than or equal to 2% of the total votes cast for the office, or the election margin is less than or equal to five votes. The deadline to request such a recount is no later than five business days after the canvass.[159]
School board elections:
A losing or tied candidate for school board may request a recount if the margin is less than or equal to 2% of total votes cast for the office. The deadline to request such a recount is no later than five business days after the canvass.[160]
Voter-requested recounts:
Statewide ballot measure election:
A group of at least 1,000 registered voters from at least five counties of the state may submit a petition requesting a recount on a statewide ballot measure if the margin is .25% or less of the total votes cast for and against the measure. The petition must be filed within ten days after the completion of the official canvass by the State Board of Canvassers.[161]
Precinct-level recounts:
Three registered voters in a precinct may request a recount in their specific precinct for a specific candidate in a county, state, or federal election. The margins allowing such a request are as follows:
For losing candidates running in an election where voters can only vote for one candidate (single-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race.
For losing candidates running in an election where voters can vote for two or more candidates (multi-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race, which is calculated as two times the average number of votes cast for the winning candidates.
Voters may also request a precinct-level recount for ballot measures under the guidelines for single-candidate races. The deadline to request a precinct-level recount is no later than ten days after an election. Subsequent requests from other precincts within the same county may be filed within three days after the first such request even if it is later than ten days after the election.[19]
Municipal and school board ballot measure elections:
Three registered voters within the jurisdiction may request a recount for a municipal or school board ballot measure if the margin is less than or equal to 2% of the total votes cast for the measure. The deadline to request such a recount is no later than five business days after the canvass.[162][163]
For more information about statewide, state legislative, county, and precinct recount procedures in South Dakota, click here.
Candidates and individuals in charge of ballot question campaigns cannot request a recount but they can contest an election outcome within five days after the certification of the election.[164] As part of that contested election, any court, primary board, legislative body, or tribunal with jurisdiction over a contested election may order a recount under any of the following circumstances:[165]
“
(1) A tie vote;
(2) An indication of fraud if the number of votes affected would be sufficient to change the result of the election;
(3) A malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election; or
(4) In any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.[49]
Texas requires an automatic recount in the event of a tie vote.[166] There is no set deadline for the completion of an automatic recount. The costs of an automatic recount are paid by each political subdivision or county executive committee.
Requested recount procedures
Texas uses three types of requested recounts: initial, supplementary, and expedited, each of which is governed by distinct provisions explained below.
Initial requested recounts:
Initial recounts can be requested by candidates or, in some cases, voters in all elections except for those where a majority vote, rather than a plurality, is required and where voters cast votes for more than two candidates. Click Show more to learn more about initial recounts.
The deadline to request an initial recount is 5 p.m. of the third business day after the canvass. There is no set deadline for the completion of an initial requested recount.
A candidate, apart from presidential primary candidates, may request an initial recount if:
“
(1) the difference in the number of votes received by the candidate and any candidate for the office who is shown by the election returns to be nominated, elected, or entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot is less than 10 percent of that candidate's number of votes;
(2) the candidate is shown by the election returns to be entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot; (3) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034; or (4) the total number of votes received by all candidates for the office is less than 1,000 as shown by the election returns.[49]
In a presidential primary election, a candidate or any 25 voters acting jointly on behalf of an uncommitted delegation may request an initial recount if:
“
(1) the difference in the number of votes received by the candidate or uncommitted status and any candidate or uncommitted status shown by the election returns to be entitled to delegate representation at the political party's national presidential nominating convention is less than 10 percent of the number of votes received by the latter candidate or the uncommitted status; or
(2) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034.[49]
In a ballot measure election, the campaign treasurer or a specific-purpose political committee involved in the election or any 25 or more voters may request an initial recount if:
“
(1) the difference in the number of votes received for the measure and against the measure is less than 10 percent of the total number of votes received on the measure as shown by the election returns;
(2) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034; or (3) the total number of votes received for and against the measure is less than 1,000 as shown by the election returns.[49]
”
If electronic voting systems were used, any losing candidate may request an initial recount of electronic voting system results.[167]
Supplementary requested recounts:
A supplementary account can occur if an initial recount is partial (i.e., not comprehensive). Any candidate or voter eligible to apply for an initial recount can apply for a supplementary recount in this case.[168] Click Show more to learn more about supplementary recounts.
Provisions relating to supplementary requested recount do not apply to elections covered by expedited requested recount provisions.[169]
Supplementary recounts may be requested under the following circumstances:
“
(a) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included less than 50 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied.
(b) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included 50 percent or more but less than 75 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied, except that the percentage factor is two percent rather than 10 percent.[49]
The deadline to request a supplementary recount for elections involving candidates or a ballot measure is no later than 5:00 p.m. on the second day after receiving notice of the initial recount result.[170]
Expedited requested recounts:
Expedited recounts apply to races not covered by initial recount provisions. Click Show more to learn more about expedited recounts.
Candidates can request an expedited recount if a majority vote is required for their office and if voters cast a vote for more than two candidates for the office.[171] The deadline to request an expedited recount is 2 p.m. of the second day after the date of the local canvass.[172]
All requested recounts:
The requester is responsible for costs associated with any requested recount. Costs are refunded to the requester if the recount changes the election outcome. If the recount does not change the election outcome, the requester may still receive a refund if the amount paid was greater than the cost of the recount.[173] There is no set deadline for the completion of a requested recount.
For more information about automatic recount procedures in Texas, click here, and for requested recount procedures, click here.
If two or more candidates receive a tie vote, state law requires an automatic recount paid for by the state, in statewide of multi-county race, or by political subdivisions for all other races. Recounts must be completed no later than the 10th day after the certification of the vote.[174]
Utah requires automatic recounts in municipalities that have adopted ranked-choice voting if certain margins are met in the course of tabulating the vote. More information about those thresholds and Utah's Municipal Alternative Voting Methods Pilot Project can be found here.
Utah does not require automatic recounts for any other type of election.
Requested recount procedures
Utah allows losing candidates to request a recount under the following circumstances:
“
... [I]f the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is equal to or less than .25% of the total number of votes cast for all candidates in the race ...
(f)or a race between candidates where the total of all votes cast in the race is 400 or less, if the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is one vote ...[49]
The deadline to request such recounts is before 5:00 p.m. on the first business day after at least the third day following the canvass. The state covers the cost of candidate-requested recounts.[175]
Voters may request a recount of ballot measure results under the following circumstances:
“
(a) ... [I]f the proposition passes or fails by a margin that is equal to or less than .25% of the total votes cast for or against the proposition, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount no later than 5 p.m. on the first business day that is at least seven calendar days after the day of the canvass ...
(b) For a ballot proposition or a bond proposition where the total of all votes cast for or against the proposition is 400 or less, if the difference between the number of votes cast for the proposition and the number of votes cast against the proposition is one vote, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount no later than 5 p.m. on the first business day that is at least seven calendar days after the day of the canvass ...[49]
Vermont state law requires that the election officials request a recount in the event of a tie vote except for those in local elections. The recount must be requested within seven days after the election. There is no set deadline for the completion of such a recount.[177][178]
Requested recount procedures
Candidates may request a recount under the following circumstances:
Federal, statewide, county, and state Senate offices: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 2% of all votes cast in the election divided by the number of persons to be elected.[179]
State House: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 5% divided by the number of persons to be elected.[179]
Local offices: if the difference between the number of votes cast for a winning and a defeated candidate is less than or equal to 5% of the total votes cast for all candidates for an office divided by the number of persons to be elected.[97]
The deadline to request a recount of local races is 10 days after the election.[97] The deadline for all other offices is no later than seven days after the election.
Voters may request recounts for local ballot measures if the measure passed or failed by a margin less than or equal to 5% of the total votes cast on the measure. The number of voters required to request a recount varies based on the type of measure. The deadline to request a recount of this type is no later than ten days after the election.[180]
All requested recounts are paid for by the state.[181] There is no set deadline for the competition of a requested recount.
For more information about recount procedures in Vermont, click here.
Candidate-requested recounts
A candidate may request a recount of his or her race under the following circumstances:[182]
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.[183]
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.[182]
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.[183]
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.[184]
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.[185]
For more information about recount procedures in Virginia, click here.
Washington requires an automatic machine recount under the following circumstances:
For any election: if the number of votes cast for the closest defeated candidate is less than 2,000 and less than 0.5% of the total number of votes cast for both candidates.[72]
A manual recount is required for narrower margins:[72]
For statewide elections: if the difference in the number of votes cast for the apparent winner and the closest defeated candidate is less than 1,000 votes and less than 0.25% of the total number of votes cast for both candidates.
For non-statewide elections: if the difference in the number of votes cast for the apparent winner and the closest defeated candidates is less than 150 votes and less than 0.25% of the total number of votes cast for both candidates.
A full recount is also automatically required if a requested partial recount changes an election outcome.[186]
These requirements are the same for elections featuring candidates and those regarding statewide ballot measures. They do not apply to local ballot measures.[187] State law does not specify a deadline for the completion of an automatic recount.
Requested recount procedures
Washington allows requested recounts using the following guidelines:
“
An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.[49]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. A requester may also receive a refund if the amount paid for the recount is greater than the actual cost of the recount.[188] The deadline to request a recount is within two business days after the election canvass.[189] State law does not specify a deadline for the completion of a requested recount.
For more information about recount procedures in Washington, click here.
West Virginia does not require automatic recounts.
Requested recount procedures
Any candidate may request a recount of his or her race. Any voter may request a recount of ballot measure results so long as they are a voter in the jurisdiction where the measure appeared on the ballot. The deadline to request a recount is no later than 48 hours after the declaration of results in single-county races or after the last county has certified its results for multi-county races.[190] The requester is responsible for costs associated with the recount unless the recount changes the outcome of the election, in which case the requester is refunded. State law does not specify a deadline for the completion of a requested recount.[190]
For more information about recount procedures in West Virginia, click here.
A candidate may request a recount if he or she trails the leading candidate by no more than 40 votes in an election where 4,000 or fewer votes were cast. For elections where more than 4,000 votes were cast, a candidate may request a recount if he or she trails the leading candidate by no more than 1% of the total votes cast for the office.Cite error: Invalid <ref> tag; invalid names, e.g. too many Additionally, any voter who voted on a ballot measure may request a recount of those results regardless of the margin. If the results are within the following close vote margins, the state is responsible for costs:[191]
“
If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 4,000 or fewer votes are cast or not more than 0.25 percent of the total votes cast for the office or on the question if more than 4,000 votes are cast following canvassing of all valid provisional and absentee ballots, the petitioner is not required to pay a fee.[49]
In all other instances, the requester is responsible for costs associated with the recount unless the recount changes the outcome of the election, in which case the costs are refunded. A requester may also receive a refund if the amount paid was greater than the actual cost of the recount.[192] The deadline to request a recount is no later than 5:00 p.m. on the third business day following the canvass. In the case of a presidential election recount, the deadline is no later than 5:00 p.m. on the first business day following the canvass.[193] The deadline to complete a requested recount is no more than 13 days after the date the recount was ordered.[194]
For more information about recount procedures in Wisconsin, click here.
Wyoming requires an automatic recount under the following circumstances:
Offices:
“
(a) The county canvassing board shall make a recount of precinct votes if it appears to the board that a recount is required due to irregularities in that precinct.
(b) There shall be a recount made of all the votes cast for any office in which the difference in number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than one percent (1%) of the number of votes cast for the winning candidate receiving the least number of votes cast for that office. This recount shall be made in the entire district in which the candidates are standing for election.
(c) There shall be a recount made of all the votes cast for any office if a losing candidate requests one under provision of W.S. 22-16-110. This recount shall be made in the entire district in which the candidate is standing for election.[49]
A recount will be made if the proposition receives a number of votes, greater or lesser, within one percent (1%) of the number of votes required for passage. The one percent (1%) variance shall be calculated based upon the total number of votes cast on the proposition, except for constitutional amendments in which case the variance shall be calculated based upon the total number of votes cast in the election.[49]
The deadline to complete an automatic recount is no later than 72 hours after the recount is mandated.[195]
Requested recount procedures
Wyoming allows requested recounts under the following circumstances:
Offices:
“
(a) A candidate may obtain a recount of votes for the office he is seeking by making and filing an affidavit alleging that fraud or error occurred in counting, returning or canvassing the votes cast in any part of the district in which he is standing for election. The affidavit shall be filed in the same office the candidate filed his application for nomination:
(i) Not later than two (2) days after the county canvass has been completed if the office is certified by the county canvassing board;
(ii) Not later than two (2) days after the state canvass has been completed if the office is certified by the state canvassing board.[49]
A recount will be made if requested in an affidavit signed by twenty-five (25) electors registered in a district voting on the question. The affidavit shall be filed with the county clerk not later than two (2) days after the county canvass has been completed for propositions voted on in one (1) county, and with the secretary of state not later than two (2) days after the state canvass has been completed for propositions voted on in more than one (1) county.[49]
In both instances, the requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded.[196] The deadline to complete a requested recount is no later than 72 hours after the request.[195]
For more information about recount procedures in Wyoming, click here.
State legislation
The table below includes bills related to recounts introduced during (or carried over to) each state's current legislative session. 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 state and then 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.
↑We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
↑If a discrepancy or error is apparent in the returns, the secretary of state or, in certain circumstances, the county superintendent of elections may request a recount at his or her discretion. Ballotpedia categorizes this as a requested recount.
↑ 19.019.1Some states allow an interested party other than a candidate or voter to request a recount. The most common example of this is states where an election official can request a recount. Typically, these types of requested recounts do not require a specified margin of victory. Instead, they can be requested at will or if an election official discovers a discrepancy in the vote totals.Cite error: Invalid <ref> tag; name "other" defined multiple times with different content
↑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.
↑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.
↑ 72.0072.0172.0272.0372.0472.0572.0672.0772.0872.0972.1072.11Kentucky State Legislature, "120.017," accessed September 22, 2025Cite error: Invalid <ref> tag; name "auto" defined multiple times with different contentCite error: Invalid <ref> tag; name "auto" defined multiple times with different contentCite error: Invalid <ref> tag; name "auto" defined multiple times with different contentCite error: Invalid <ref> tag; name "auto" defined multiple times with different contentCite error: Invalid <ref> tag; name "auto" defined multiple times with different content
↑In these latter cases, candidates may contest an election outcome, which is a separate process but could include a recount.
↑The link here provides the citation for the governance of town recount elections. Statutes regarding village district and school board elections both cite this statute when it comes to procedure.
↑The audit requirement is waived for any of the prescribed elections if a recount is to be conducted for that particular election The audit requirement is waived entirely if all of the prescribed elections have margins of victory greater than or equal to 15%.
The term electoral system can refer to the method by which elections are conducted (e.g., whether officials are elected in single-winner versus multi-winner systems) or the method by which votes are tallied to determine the outcome of an election (e.g., plurality systems, majority systems, ranked-choice voting systems, etc.). In the United States, most federal and state-level officials are elected via plurality vote in single-winner elections, although some jurisdictions (e.g., cities, school boards, etc.) employ alternative electoral systems.
HIGHLIGHTS
A total of 40 states conduct only single-winner contests for state legislative elections. The remaining 10 states utilize multi-winner contests in elections for at least one of their state legislative chambers.
All gubernatorial elections are, by nature of the office, single-winner elections. Of the 50 states, 45 determine the winners of gubernatorial elections via plurality vote. Three of the remaining five (Louisiana, Georgia, and Mississippi) determine winners via majority vote. Maine and Alaska used ranked-choice voting.
In every state, United States Senators and United States Representatives are elected in single-winner elections. Of the 50 states, 46 determine winners in congressional elections via plurality vote. Two of the remaining four (Louisiana and Georgia) determine winners via majority vote. Maine and Alaska used ranked-choice voting.
Primary elections allow voters to determine which candidates compete in the general election and can be nonpartisan or partisan. In partisan primaries, voters choose the candidates they prefer for a political party to nominate in the general election.
The laws governing primary elections vary from state to state and can even vary within states by locality and political party. For example, only registered party members are allowed to vote in closed primaries, while registered party members and unaffiliated voters are allowed to vote in semi-closed primaries, and all voters are allowed to vote in open primaries.
Primary elections also vary by the way their outcomes are determined. Majority systems require the winning candidate to receive at least fifty percent of the votes cast, while plurality systems do not. In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation.
A ranked-choice voting system (RCV) is an electoral system in which voters rank candidates by preference on their ballots. There are multiple forms of ranked-choice voting, including instant-runoff voting, and single-transferable vote.
As of November 2024, ranked-choice voting was used for regular statewide elections in two states, Alaska and Maine.[1][2] Hawaii also used ranked-choice voting for special congressional elections.[3] Fourteen other states used ranked-choice voting in some local elections, while 11 states had adopted laws banning or prohibiting the use of ranked-choice voting statewide.
Voting rights for people convicted of a felony vary substantially from state to state. As of April 2025, people convicted of a felony in Maine, Vermont, and Washington, D.C. retained the right to vote while incarcerated. In 38 other states, people convicted of a felony could not vote while incarcerated but automatically regained the right to vote upon their release or at some point thereafter. Ten states did not automatically restore voting rights for people convicted of a felony.[4][5][6]
Generally, governors across the United States may exercise the executive authority to restore voting rights by pardon on an individual basis. However, the policies described in this article deal with automatic restoration of voting rights for people convicted of a felony.
Since 2020, nine states have passed legislation that more quickly restored voting rights to certain individuals convicted of a felony, while voters in one state, California, approved a ballot measure that did so. Governors in two other states, Iowa and Virginia, took executive actions related to the restoration of voting rights. Read more below.
Post-election auditing
Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.[7][8]
Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.
Forty-six states and the District of Columbia require some form of post-election audit by law, excluding states with pilot programs. Of these, 39 states and the District of Columbia require traditional post-election audits, while three states require risk-limiting post-election audits, and three states require some other form of post-election audit, including procedural post-election audits.[9][7]
The private funding of elections refers to the practice of nonprofits, private organizations, or individuals providing funding or other resources to election administrators for the purpose of conducting or administering an election.
As of July 2025, 29 states enacted laws banning or otherwise restricting the use of private donations for election administration purposes. Twenty-one of these states had a Republican trifecta when the law was adopted; five states had divided governments at the time. Two states, Louisiana and Wisconsin, adopted their bans through a ballot measure. No states banned or restricted private election funding prior to 2021.
Arguments for and against election policies
See the following pages for an in-depth look at the debate into various topics related to voting policy and election administration.
The table below includes bills related to elections that have been introduced during (or carried over to) the current legislative session. 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.
Ballotpedia's Election Administration Legislation Tracker provides daily updates on legislative activity related to election policy in all 50 states.
Our election policy experts translate complex bill text into easy-to-understand summaries. And because it's from Ballotpedia, our legislation tracker is guaranteed to be neutral, unbiased, and nonpartisan.
Read Ballotpedia's State of Election Administration Legislation Reports
Ballotpedia publishes regular analysis of election administration legislation, including three full reports per year, providing ongoing coverage of legislative activity affecting election policy in each state.
These reports deliver insights into partisan priorities, dive deep into notable trends, and highlight activity in key states.
The Ballot Bulletin is a weekly email that delivers the latest updates on election policy.
The newsletter tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker.
↑Department of the Secretary of State; Bureau of Corporations, , "Ranked-choice Voting (RCV)," accessed November 29, 2023.In Maine, all statewide primaries and federal elections use ranked-choice voting. Other statewide elections such as for governor or the legislature do not. This is because of a 2017 ruling by the Maine Supreme Judicial Court concluding that "the Maine Constitution requires the winners of those offices in a general election to be decided by a plurality. Primary elections in Maine and elections for federal offices are governed by statute and not by the Maine Constitution."
Ballotpedia features 634,896 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Click here to contact our editorial staff or report an error. For media inquiries, contact us here. Please donate here to support our continued expansion.
Try Ballotpedia's Election Administration Legislation TrackerBallotpedia's Election Administration Legislation Tracker provides daily updates on legislative activity related to election policy in all 50 states.
Read Ballotpedia's State of Election Administration Legislation ReportsBallotpedia publishes regular analysis of election administration legislation, including three full reports per year, providing ongoing coverage of legislative activity affecting election policy in each state.
