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Who pays for recounts and contested elections? (2022)

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Elections by state

Common costs involved with recounts and contested elections include staff salaries, location rental, vendor support, and legal services.[1] In some instances, the state or county must cover the costs. In others, an interested party—normally a candidate or voter—must pay. State laws normally specify who must pay and under what circumstances.[2]

Recounts

See also: Election recount laws and procedures in the 50 states, 2022

A 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.

Who pays for a recount typically depends upon whether the recount is automatic or requested. As of October 2022, 27 states had a statutory provision allowing for automatic recounts, and 42 states had a statutory provision allowing for requested recounts.

Automatic recounts are circumstantial, meaning they are not requested, but rather come into effect if election results meet certain criteria. Common criteria include a close vote margin, which is a margin of victory between two candidates within a specified percentage or a raw number of votes. If an election ends within that margin, certain states' laws mandate a recount. In the event of an automatic recount, states or counties usually cover the costs.[1][3]

Requested recounts require an interested party to ask for a recount. When an interested party requests a recount, he or she is normally responsible for most of the costs, unless the recount overturns the election results, in which case the state or county covers the cost.[4][5] In some states, such as Delaware, the state covers the cost of a requested recount regardless of the outcome.[6]

Additionally, some states cover the cost of a requested recount even if it does not overturn the initial result, but instead meets some other criteria. In Colorado, if a requested recount changes the election result so that it would have triggered an automatic recount, the state covers the costs.[7] Alaska pays for requested recounts if they change the results by four percent or more in favor of the requestor.[8]

Click [show] on the header below to view a table showing a state-by-state breakdown of who pays for requested recounts and whether there is the possibility for a refund.

Contested elections

A contested election is an election in which the losing candidate challenges the legality or validity of the result.[18] Contesting an election usually involves an interested party—normally a candidate or voter—alleging ballots were counted that should not have been, ballots were rejected that should not have been, or some other issue had affected the outcome of the election.

According to the U.S. Election Assistance Commission:

“ The costs of the election contest are borne generally by the petitioner and the defendant. If the election outcome as certified is confirmed, the petition dismissed, or the prosecution fails, judgments are typically rendered against the petitioner for all costs associated with the petition. If the judgment is rendered against the defendant or the election outcome as certified is set aside, the defendant usually pays the costs of the contest, at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise.[1][19] ”


Variations on this formula exist. For example, some states cover the costs of contested elections while others require the candidates' party to pay the costs.[1]

Cost examples

The total cost of conducting a recount, which is often one part of contesting an election, varies depending on the nature of the race. Races at the municipal or county level garner fewer votes and therefore cost less to recount or contest than statewide races. Within the past two decades, close-vote margins triggered noteworthy statewide recounts in Washington and Minnesota, examined below.

Washington's 2004 gubernatorial election required an automatic recount after results showed Dino Rossi (R) leading Christine Gregoire (D) by 261 votes. Election officials conducted two recounts, one by machine and one by hand, which ended with Gregoire defeating Rossi by 129 votes. These recounts cost an estimated $1.2 million.[20]
Minnesota's 2008 United States Senate election required an automatic recount after results showed Norm Coleman (R) leading Al Franken (D) by 206 votes. Election officials conducted one recount by hand, which ended with Franken defeating Coleman by 312 votes. This recount cost an estimated $460,000.[20]

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 U.S. Election Assistance Commission, "Election Audits Across the United States," accessed October 14, 2022
  2. ↑ Citizens for Election Integrity Minnesota, "State Recount Laws Searchable Database," accessed October 14, 2022
  3. ↑ Citizens for Election Integrity Minnesota, "Recount Database Glossary," accessed October 14, 2022
  4. ↑ National Conference of State Legislatures, "Automatic Recount," accessed October 14, 2022
  5. ↑ The Pew Charitable Trusts, "Recounts: From Punch Cards to Paper Trails," accessed October 14, 2022
  6. ↑ Citizens for Election Integrity Minnesota, "Delaware Recount Laws," accessed October 14, 2022
  7. ↑ Citizens for Election Integrity Minnesota, "Colorado Recount Laws," accessed October 14, 2022
  8. ↑ Citizens for Election Integrity Minnesota, "Alaska Recount Laws," accessed October 14, 2022
  9. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  10. ↑ 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.
  11. ↑ 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.
  12. ↑ 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.
  13. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  14. ↑ 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.
  15. ↑ No mention in state law.
  16. ↑ No mention in state law.
  17. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
  18. ↑ Encyclopedia.com, "Elections, Contested," accessed October 14, 2022
  19. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  20. ↑ 20.0 20.1 The Pew Charitable Trusts, "The Cost of Statewide Recounts," Nov. 2010
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