Recount Rules: When And Why To Request A Recount

what constitutes an acceptable reason for a recount

There are many reasons why a recount may be requested or conducted, and the specific criteria vary across different countries and states. In the United States, for example, each state has its own rules and timelines for recounts. In California, any registered voter may request a recount of votes, while in Texas, a recount request must state a valid ground under the Code, such as a close margin of votes or incorrect counting of paper ballots. In some states, recounts are automatically triggered if the vote margin falls within a certain range, such as 0.5% in Pennsylvania. Recounts can be initiated by candidates, voters, election officials, or courts, depending on the jurisdiction. The requester is typically responsible for the costs associated with the recount, and the process may involve machine or hand recounts to ensure accuracy.

Characteristics Values
Who can request a recount? Candidates, Electors, Registered voters, Director of Public Prosecutions, Secretary of State, Constitutional Amendment Publication Board
Time limit to request a recount Within 4 days of the final vote count, within 7 days of the election, within 10 days after the election, within 5 days after the 31st day of the election, within 15 days after the official canvass
Cost Requester is responsible for costs, which vary by county
Type of recount Machine recount, Manual or "hand" recount
Reasons for recount Discrepancy or error in returns, Incorrect counting of paper ballots, Difference in votes received by petitioner and elected person is less than 10%, Number of votes received by all candidates is less than 1000
Scope Only the race or measure that was petitioned for will be recounted, unless otherwise specified
Recount process Examining each ballot, Feeding ballots back through the machine, Recounting votes in a particular race or office
Outcome Recounts rarely reverse election results

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A discrepancy or error in the returns

In the United States, recounts rarely reverse election results. From 2000 to 2015, out of 4,687 statewide general elections, only 27 were followed by a recount, and only three resulted in a change of outcome from the original count. Recounts can be mandatory or optional. Mandatory recounts are usually triggered automatically when the margin of difference falls within a certain range, which varies by state. For example, Pennsylvania has an automatic recount if the margin is 0.5% or less.

In the case of a discrepancy between the results of a recount and the certified results, either the recount results will stand, or a court may decide which set of results to use to certify the election. A recount does not delay canvassing, but the canvassing authority must make a note that a recount has been requested. A recount does not authorise the re-qualification of voters or more than one recount of a race or measure.

In some cases, the requester must cover the costs of the recount, which can vary by county. In other cases, the state may cover the costs. If a recount changes the election outcome, the requester may be refunded.

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A tied election

In the case of a recount, the election officer keeps a record of every objection to a ballot made by any candidates or their representatives. The election officer's decision can be reversed by a judge on a judicial recount or on an application to contest the election. The recount process varies depending on the type of voting system used. With document-based ballot voting systems, ballots are counted a second time by some form of machine. With non-document-based ballot voting systems, officials will recollect vote data from each voting machine, which will be combined by a central tabulation system.

A recount request must be made within a certain timeframe, which varies by location. For example, in Texas, a recount request must be made no later than two days following the canvass. In California, the requestor must pay an advance deposit for the recount at least one day prior to the materials being produced. The requestor must also specify the precincts for which a recount is requested and the method of voting that is used. If more than one petition for a recount is filed and more than one method of counting is requested, a manual recount takes precedence over an electronic recount.

In some cases, recounts are not applied for overseas votes if results have already been declared. Additionally, recounts rarely change election results. For example, of the 4,687 statewide general elections held in the United States from 2000 to 2015, 27 were followed by a recount, and only three resulted in a change of outcome from the original count.

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A difference in votes within a certain range

The process of recounting votes can vary depending on the voting system used. Machine recounts are generally more straightforward, as the ballots are simply fed back through the machine to check for any counting errors. Hand recounts, on the other hand, involve election officials examining each ballot to determine voter intent, which can lead to litigation over the standards used to define a valid vote.

It is important to note that recounts rarely change the outcome of an election. While they can provide clarity and ensure the accuracy of results, they are often subject to specific timelines and regulations that vary by state.

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Incorrect counting of paper ballots

In Osage County, Missouri, Clerk Kammerich implemented the secretary of state's suggestion to retain some automated tabulation equipment to audit the hand-counted results. She was glad they took this extra step because it identified errors in the hand-counted results that required recounts. However, hand-counting ballots is more prone to human error, delays results, and costs more. For example, in rural Nye County in Nevada, where volunteers in 2022 embarked on a full hand-count of midterm votes, mismatched tallies led to recount after recount. After the first day of counting, the county clerk, Mark Kampf, estimated a discrepancy of nearly 25% between the hand and machine count, attributing it to human counting error.

In the United States, recounts rarely reverse election results. From 2000 to 2015, out of 4,687 statewide general elections, 27 were followed by a recount, and only three resulted in a change from the original count. Candidates or the Director of Public Prosecutions may petition for a recount within seven days of the election. In the case of Texas, a recount request deadline occurs soon after the canvass, and a recount must be requested not later than two days following the canvass.

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A change in the election outcome

A recount is a retabulation of ballots cast during an election. This can be done using an optical scan voting system, punched card system, direct-recording electronic (DRE) voting machine, or by hand. In the case of a hand recount, each ballot is examined individually to determine the voter's intent. Machine recounts, on the other hand, are more straightforward, as the ballots are simply fed back through the machine to check for any counting errors.

Recounts can be mandatory or optional, and the process varies depending on the voting system used. In the case of document-based ballot voting systems, ballots are counted a second time by a machine. For non-document-based systems, officials will recollect vote data from each machine, which is then combined by a central tabulation system. In the United States, recounts rarely change the outcome of an election. Between 2000 and 2015, out of 4,687 statewide general elections, only 27 were followed by a recount, and only three of those resulted in a change of outcome.

The process of requesting a recount can vary depending on the jurisdiction. In some cases, a recount may be automatically triggered if the margin of difference is within a certain range. For example, in Pennsylvania, an automatic recount is triggered if the margin is 0.5% or less. In other cases, a candidate or voter may need to petition for a recount within a certain timeframe. The petitioner may need to specify the precincts, method of voting, and other relevant information.

The costs associated with recounts are typically the responsibility of the requester, and refunds are not always guaranteed. However, in some cases, such as with court-ordered recounts, candidates may be refunded if the outcome changes. Overall, while recounts can provide an important check on election results, they rarely lead to a change in the outcome.

Frequently asked questions

A valid reason for requesting a recount is if there is a discrepancy or error in the returns. In the case of paper or scanned ballots, a candidate or political party may petition for a recount. For voting machines, three electors of the precinct may request a recount. A recount may also be requested if the margin of difference is within 2% (valid local votes only, excluding spoilt or tendered votes).

This depends on the type of election and the state. In primary elections, any candidate may request a recount. In general elections, any candidate may request a recount, except for candidates for the offices of governor, lieutenant governor, the General Assembly, and some municipal offices. In California, any registered voter may request a recount of votes. In Kentucky, any voter who was qualified to vote and did vote on a constitutional convention or ballot measure may request a recount.

To request a recount, a petition must be filed with valid grounds under the Code. The petition must identify the election precincts for which a recount is requested and the method of voting used. The petitioner's name, residence address, mailing address, email address, and telephone number must also be included.

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