Brief Election Recounts

Alabama 

Ala. Code § 17-16-20 

Less than 0.5% of the votes cast for the office or the ballot measure. 

N/A 

Alaska 

Alaska Stat. § 15.15.460, §15.15.480 

Tie vote. 

Within 10 days after the recount begins. 

Arizona 

Ariz. Rev. Stat. § 16-661 

Less than or equal to 0.5% of the votes cast for both candidates or on a ballot measure. 

N/A 

Colorado 

Colo. Rev. Stat. § 1-10.5-101, § 1-10.5-102(2), §1-10.5-103 

Less than or equal to 0.5% of the highest vote cast in that election contest. 

By the 31st day after the election. 

Connecticut 

Conn. Gen. Stat. § 9-311a, § 9-311b 

Less than 0.5% of the total votes cast for the office but not more than 2,000 votes, or less than 20 votes. A recount is automatic in the event of a tied vote as well. 

N/A 

Delaware 

Del. Code tit.15 § 5702(e) 

Less than 1,000 votes or 0.5% of all votes cast for the two candidates, whichever is less (applies only to elections of state legislators and county offices). 

N/A 

District of Columbia 

D.C. Code § 1-1001.11 

Less than 1% of the total votes cast for the office. 

N/A 

Florida 

Fla. Stat. § 102.141(7) 

0.5% of the votes cast on the office or measure. 

By 3 p.m. on the ninth day after the election; recounts not completed by this deadline require a second certification of election results after the recount is completed. 

Hawaii 

Haw. Rev. Stat. § 11-158 

100 votes or fewer or 0.25% of the total votes cast for the contest, whichever is greater. 

By the fifth business day after the election. 

Kentucky 

Ky. Rev. Stat. § 120.157 

0.5% or less of the votes cast for the office. 

Within 14 days, Sundays excluded. 

Michigan 

Mich. Comp. Laws § 168.880a, § 168.875 

2,000 votes or less in a statewide primary or election. 

All recounts shall be completed for a primary election not later than the twentieth day and for any other election not later than the thirtieth day immediately following the last day for filing counter petitions or the first day that recounts may lawfully begin. 

Montana 

Mont. Code Ann. § 13-16-203 

Tie vote. 

N/A 

Nebraska 

Neb. Rev. Stat. § 32-1119 

1% or less of the votes received by the candidate who received the highest number of votes for the office if more than 500 total votes were cast, or 2% or less of the votes received by the candidate who received the highest number of votes for the office if 500 or less total votes were cast. 

N/A 

New Mexico 

N.M. Stat. Ann. § 1-14-24, § 1-14-16 

Less than 0.25% of the total votes cast in the election for a federal or statewide office or a statewide ballot measure; less than 1% of the total votes cast in the election for most other offices, including state legislators. 

Within 10 days after receiving a request for or notice of automatic recount. 

New York 

N.Y. Elec. Law § 9-208(4) 

Margin of victory is 20 votes or less; or margin of victory is 0.5% or less; or in a contest where 1 million or more ballots are cast and the margin of victory is less than 5,000 votes. The term margin of victory shall mean the margin between all votes cast in the entire contest following the recanvass of votes. 

North Dakota 

N.D. Cent. Code § 16.1-16-01 

Primary: 1% or less of highest vote cast for that office. General: 0.5% or less of highest vote cast for that office. Ballot Measures: 0.25% or less of total vote cast for measure. 

Recounts of state legislative races must be held within 11 days of the completion of the state canvass, and within 18 days for statewide races. 

Ohio 

Ohio Rev. Code § 3515.011, § 3515.03, § 3515.041 

0.25% or less for statewide office or issue. 0.5% for other offices. 

For presidential electors: not later than 6 days before the meeting of the electors.  

All other offices: 10 days after the declaration for a recount is made. 

Oregon 

Or. Rev. Stat. § 258.280 

Tie vote, or not more than 0.2% of the total votes for both candidates. 

N/A 

Pennsylvania 

25 Pa. Stat. § 3154(g), Pa. Cons. Stat. § 3154(f) 

0.5% or less of the votes cast for the office for statewide candidates and ballot questions. 

Automatic recounts must be completed by noon on the first Tuesday following the third Wednesday after the election; count certification is delayed if a recount/recanvass is requested. 

South Carolina 

S.C. Code § 7-17-280 

Less than 1% of total votes cast for the office. 

N/A 

South Dakota 

S.D. Codified Laws § 12-21-16, § 12-21-20 

Tie vote. 

The recount board shall convene in the office of the county auditor at 9 a.m. on the second Monday after a recount petition is filed. 

Texas 

Tex. Elec. Code § 216.001 

Tie vote. 

N/A 

Utah 

Utah Code Ann. § 20A-4-401 

Tie vote. 

No later than 10 days after the board of canvassers certifies vote totals. 

Washington 

Wash. Rev. Code § 29A.64.021 

Less than 2,000 votes and also less than 0.5% of the total number of votes cast for both candidates. 

N/A 

Wyoming 

Wyo. Stat. § 22-16-109 

When 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 1% of the number of votes cast for the winning candidate receiving the least number of votes cast. 

N/A 

Alabama 

Ala. Code § 17-16-21 

Any qualified elector. 

Alaska 

Alaska Stat. § 15.20.430 

A defeated candidate or 10 qualified voters. 

Arizona 

Ariz. Rev. Stat. § 16-662 

There is no requested recount process; however, there is an automatic recount provision, and a recount can be ordered by a county superior court. 

Arkansas 

Ark. Code § 7-5-319 

Any candidate dissatisfied with the returns. 

California 

Cal. Elec. Code § 15610, § 15620, § 15640 

• An election official who has reasonable cause to believe ballots in the precinct have been miscounted or who is unable to explain the returns of their precinct. 

• Any voter. 

• By court order. 

Colorado 

Colo. Rev. Stat. § 1-10.5-106 

• A losing candidate, the political party or political organization representing such candidate. 

• Any petition representative (as defined by 1-40-113) for a losing ballot measure. 

• The governing body that referred a losing ballot measure. 

• The agent of an issue committee that is required to report contributions and either supported a ballot question or ballot issue that did not pass or opposed a ballot question or ballot issue that passed at the election. 

Connecticut 

Conn. Gen. Stat. § 9-323 

There is no requested recount process; however, there is an automatic recount provision and any elector or candidate aggrieved by any ruling of any election official may file a contest, which may result in a recount. 

Delaware 

15 Del. Code § 5702(c) 

Any candidate for statewide office in a general election may apply to the court for a recount if the margin is less than 1,000 votes or less than 0.5% of all votes cast for the two candidates, whichever amount is less. 

District of Columbia 

D.C. Code § 1-1001.11, CDCR 3-810 

Within seven days after the Board certifies the results of an election, a candidate may petition the Board in writing and specify the precincts in which the recount shall be conducted. Also, any voter may petition the District of Columbia Court of Appeals to review the election.  

The Board of Elections and Ethics may order a recount by hand when there is evidence of machine malfunction.  

Florida 

There is no requested recount process; however, there is an automatic recount provision. 

Georgia 

Ga. Code § 21-2-495 

• Where paper ballots are used, the superintendent may order a recount, or any candidate or political party may petition for one. 

• Where voting machines are used and it appears there is a discrepancy or error, the superintendent shall order a recount, or three voters may petition for one. 

• When results are within 0.5% of total votes cast for the office, a losing candidate may request a recount. 

Hawaii 

There is no requested recount process; however, there is an automatic recount provision. 

Idaho 

Idaho Code § 34-2301 

Any candidate for office or any person supporting or opposing a ballot measure. 

Illinois 

10 Ill. Comp. Stat. Ann. § 5/23-23.2, § 5/22-9.1 

A candidate or voter may contest an election by submitting a petition to the court. Any recount will be court-ordered. The court shall grant the petition for a recount if it is properly filed and there appears a reasonable likelihood the recount will change the election results. 

Also, candidates or a group of five voters may submit a discovery petition. However, the results of the examination and count will not be certified, used to amend or change the abstracts of the votes previously completed, used to deny the successful candidate for the same office his certificate of nomination or election. Such count shall not be binding in an election contest. 

Indiana 

Ind. Code § 3-12-11-2, § 3-12-12-1, § 3-12-12-4 

Candidate or the chairman of a state or county political party. 

For ballot measures: Any voter in the election district with the ballot measure on the ballot and who voted in that measure’s election. The voter seeking a recount must file a petition signed by at least 10% of voters who cast ballots in the election. 

Iowa 

Iowa Code § 50.48 

Any candidate whose name was on the ballot of the precinct(s) where the recount is requested or any other person who received votes for that office in the precinct(s) where the recount is requested and who is legally qualified to seek and hold the office in question (write in candidates). 

Kansas 

Kan. Stat. § 25-3107 

Any candidate.  

For ballot measures: Any registered elector who cast a ballot in the election with ballot measures. 

Kentucky 

Ky. Rev. Stat. § 120.185 

For primary and general elections: Any candidate who was voted for in the election.  

For non-local ballot measures except constitutional amendments: Any voter who was qualified to and did vote on the public question. 

Louisiana 

La. Rev. Stat. Ann. § 18:1313 

Candidate for the office to be recounted. 

For ballot measures: Any voter who voted in the ballot measure election. 

Maine 

21-A Me. Rev. Stat. Ann. § 737-A 

A candidate who is the apparent loser. 

For recount of a statewide referendum: at least 200 or more registered voters must sign a petition and submit it to the secretary of state. 

Maryland 

Md. Code, Elec. Law § 12-101, §12-103 

A candidate for public or party office who has been defeated based on the certified results of any election. 

For a question on the ballot: any registered voter eligible to vote for the question. 

Massachusetts 

Mass. Gen. Laws Ann. ch. 54, § 135 

• A candidate who has reason to believe and does believe that the records by the election officers are erroneous and a recount will affect the results of the election. 

• Statewide recount: by a petition signed by at least 1,000 voters. 

• District recount: by a petition signed by one-fourth the number of voters required to sign nomination papers for state primary candidates in the appropriate district. 

Michigan 

Mich. Comp. Laws § 168.879, § 168.866, §168.880 

• A candidate for an office canvassed by the state board of canvassers or a candidate for representative in Congress or state representative or senator of a district located wholly in one county; candidate must allege that the candidate is aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by the inspectors of election, or by a board of county canvassers or the board of state canvassers. 

• Chairperson of a state political party may petition on behalf of a candidate when a state Senate race has a differential of 500 votes or less, or a state representative race has a differential of 200 votes or less. 

• A candidate for office who believes he or she is aggrieved on account of fraud or mistake in the canvass or returns of the votes by the election inspectors may petition for a recount of the votes cast for that office in any precinct or precincts. 

• For ballot measures: Any voter who believes there has been fraud or error in the canvass of the votes.  

Minnesota 

Minn. Stat. § 204C.35 

A losing candidate whose name was on the ballot. 

Mississippi 

There is no recount process; an aggrieved person can seek remedy in court. 

Missouri 

Mo. Rev. Stat. § 115.601, § 115.553, § 115.583 

Any contestant in a primary or other election contest who was defeated by less than 1% of the votes cast for the office and any person whose position on a question was defeated by less than 1% of the votes cast on the question.  

One or more registered voters from the area where the election was held may contest the result. If upon hearing the contest from voters, the court or legislative body finds sufficient evidence of irregularities that could change the election result, it shall order a recount. 

Montana 

Mont. Code § 13-16-201 

A candidate who is defeated by a margin not exceeding 0.25% of the total votes cast or by a margin not exceeding 10 votes, whichever is greater. 

For a statewide ballot question: 100 voters of the state, representing at least five counties of the state, may petition for a recount of a ballot question that is decided by a margin not exceeding 0.25% of the total votes in the ballot measure election. 

Nebraska 

Neb. Rev. Stat. § 32-1121 

A losing candidate. 

Nevada 

Nev. Rev. Stat. § 293.403 

A defeated candidate at any election. 

For an election with a ballot question: Any individual voter may file for a recount on any ballot question. 

New Hampshire 

N.H. Rev. Stat. § 660:1, § 660:17-b, § 660:10 

For a state general election: Any candidate, provided the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20% of the total votes cast in the towns which comprise the office to be recounted. A recount must also be allowed if any race on a ballot that is already undergoing a state representative recount shows a discrepancy of over 1% from the results previously reported to the secretary of state. 

For questions to amend the state constitution: 100 voters may petition to recount the election if the measure passed or failed by less than 1% of the votes cast. 

New Jersey 

N.J. Rev. Stat. § 19:28-1 

Any candidate who has reason to believe there was an error in counting. 

For elections with public questions: 10 voters who have reason to believe there was an error in counting. 

New Mexico 

N.M. Stat. § 1-14-14 

Any candidate. 

New York 

There is no requested recount process; however, there is an automatic recount provision. 

North Carolina 

N.C. Gen. Stat. § 163-182.7 

For non-statewide races: Any candidate, if the difference between the votes for that candidate and the votes for a prevailing candidate is not more than 1% of the total votes cast in the ballot item or for the two candidates. 

For statewide races: Any candidate, if the margin of victory is 0.5% of the votes cast in the ballot item, or 10,000 votes, whichever is less. 

North Dakota 

N.D. Cent. Code § 16.1-16-01 

Any individual who failed to be elected in a general or special election by more than 0.5% and less than 2% of the highest vote cast for a candidate for that office. 

Ohio 

Ohio Rev. Code § 3515.01 

Any candidate who received votes in the general, special or primary election. 

For a ballot question or issue: Any group of five or more voters. In the application for recount, the voters must state whether they voted “Yes” or “No” on the ballot question. 

Oklahoma 

26 Okla. Stat. § 8-109 

Any candidate whose name appeared on the ballot. 

For non-statewide ballot measures: Any registered voter who voted in the ballot issue election, if the results fall within a specified close margin, and they must present a petition of 150 registered voters who also participated in the election. 

Oregon 

Or. Rev. Stat. Ann. § 258.161 

• A candidate or an officer of a political party on behalf of a candidate of the political party may file a demand that a recount in specified precincts in which votes were cast for the nomination or office for which the candidate received a vote. 

• A county clerk may file a demand for a recount in specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. 

• For ballot measures: An elector may file a demand for a recount in specified precincts in which votes were cast on any measure which appeared on the ballot 

Pennsylvania 

25 Pa. Stat. § 3261 

Any three qualified electors who file a petition alleging reliable information showing fraud or error. 

Rhode Island 

R.I. Gen. Laws § 17-19-36, § 17-19-37.3 

Any candidate. 

For ballot measures: Any person, group or organization of “recognized standing.” 

South Carolina 

There is no requested recount process; however, there is an automatic recount provision. 

South Dakota 

S.D. Codified Laws § 12-21-8, § 12-21-10, § 12-21-11, § 12-21-§ 12, § 12-21-14, § 12-21-15 

• Any three registered voters of a precinct may request a recount of specified candidates or measures. 

• A candidate for an office voted upon in only one county, or any legislative candidate, if the candidate is defeated by a margin of not more than 2% of the total votes cast for all candidates for that office. 

• Any candidate for an office other than the Legislature is voted upon in more than one county, and has been defeated by a margin of 0.25% or less of the total vote cast for all candidates for such office. 

• At least 1,000 voters representing at least five counties of the state may petition for a recount on a state measure if the margin is 0.25% or less. 

• The chairman of the central committee of a state political party or any two or more candidates for presidential elector may file for a recount when the margin does not exceed 0.25%. 

Tennessee 

Tenn. Code § 2-17-117 

A recount may only be ordered by a court, a legislative body, or “a tribunal having jurisdiction of an election contest.” Candidates cannot request a recount directly but may initiate a contested election which may lead to a recount, depending on the ruling of a court. 

Texas 

Tex. Elec. Code § 212.022, § 212.023, § 212.024 

Candidates, if the difference between the votes received by the candidate and the candidate elected is less than 10% of the votes cast for that candidate, if the candidate is tied or eligible for a runoff, if the secretary of state certifies that errors occurred, or if the total number of votes received by all candidates for the office is less than 1,000. 

For ballot measures: 25 or more eligible voters acting jointly may request a recount if the difference between the number of votes received for and against the measure was less than 10% of the total number of votes cast on the measure. The campaign treasurer of a political action committee involved in the election may also request a ballot measure recount under these circumstances. 

Utah 

Utah Code § 20A-4-401 

• A losing candidate, if 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. 

• A losing candidate, if total of all votes cast in the race is 400 or less, and 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. 

• For ballot or bond measures: Any 10 voters who voted in the election where the measure was on the ballot, if the proposition passes or fails by a margin that is less than or equal to 0.25% of total votes cast on the measure. 

Vermont 

17 Vt. Stat. Ann. § 2601 

The losing candidate in an election for federal office, statewide office, county office or state senator, if the difference between the votes cast for the winning and losing candidate is 2% or less of the total votes cast for all candidates for the office, divided by the number of persons to be elected. 

The losing candidate in an election for state representative, if the difference between the votes cast for the winning and losing candidate is 5% or less of the total votes cast for all candidates for the office, divided by the number of persons to be elected. 

Virginia 

Va. Code § 24.2-800 

Any candidate defeated by a difference of not more than 1% of the total vote cast for the two such candidates. 

For ballot questions: 50 or more voters qualified to vote on a ballot question, if a difference of not more than 50 votes or 1% of the total vote cast for and against the question, whichever is greater. 

Washington 

Wash. Rev. Code § 29A.64.011 

An officer of a political party or any person for whom votes were cast at any election. 

For a ballot question or issue: 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. 

West Virginia 

W. Va. Code § 3-6-9, §3-4A-28 

Candidates. 

For ballot measures: Any voter of the jurisdiction who is affected by the issue on the ballot. 

Wisconsin 

Wis. Stat. Ann. § 9.01 

Any candidate voted for at any election who is an aggrieved party. 

For referendum questions: Any elector who voted upon any referendum question at any election. 

Wyoming 

Wyo. Stat. Ann. §§ 22-16-110, 22-16-109 

Candidates. 

County canvassing board may conduct a recount if irregularities are apparent. 

For ballot propositions: 25 electors registered in the district that voted on the ballot question may sign an affidavit and file it with the county clerk.