Election recount

"Recount" redirects here. For the 2008 film, see Recount (film).

An election recount is a repeat tabulation of votes cast in an election that is used to determine the correctness of an initial count. Recounts will often take place if the initial vote tally during an election is extremely close. Election recounts will often result in changes in contest tallies. Errors can be found or introduced from human factors, such as transcription errors, or machine errors, such as misreads of paper ballots.

Australia

Australian elections use instant-runoff voting and single transferable vote at the federal level to determine representatives for the House of Representatives and the Senate respectively. Tabulating votes for both houses involves automatic recounts known as "fresh scrutiny." For the House, this process occurs the Monday after a general election.^[1] The process in the Senate occurs shortly after the election, but only first preferences are recounted. A voter's full preferences for the Senate are not counted until after fresh scrutiny occurs.^[2] Candidates for either house may also request recounts, though such a request may be refused by the Electoral Commission.^[3]

Similar processes occur at the state and territorial level.^[4] As in federal elections, candidates may request recounts subject to the discretion of electoral authorities.^[5]

Canada

Recounts in Canadian elections are known as "judicial recounts" because a superior court judge oversees them. In federal elections, tied elections or races with a difference of 0.1% result in automatic recounts. Electors (including candidates) may also petition for recounts within four days of the final vote count under certain conditions.^[6] Each province and territory has its own regulations regarding provincial or territorial elections.

Rules for election recounts in Canadian provinces and territories

Province/Territory	Automatic	Requested
Alberta	When difference is less than 100 votes^[7]	Available within eight days of the final tally^[8]
British Columbia	When difference is less than 1/500^[9]	Available^[9]
Manitoba	When difference is less than 50 votes^[10]	Available^[10]
New Brunswick	None	Available within four days of the final tally^[11]
Newfoundland and Labrador	When tied^[12]	Available^[12]
Northwest Territories	When difference is less than 2%^[13]	Available^[13]
Nova Scotia	When difference is less than 10 votes^[14]	Available within four days of the final tally^[14]
Nunavut	When difference is less than 2%^[15]	Available within eight days of the final tally^[16]
Ontario	When difference is less than 25 votes^[17]	Available^[17]
Prince Edward Island	When difference is less than 10 votes (or 15 votes at the request of a candidate)^[18]	Available^[18]
Quebec	None	Available, if difference is less than 0.001%^[19]
Saskatchewan	When difference is less than the number of unopened ballots^[20]	Available within ten days of the final tally^[20]
Yukon	When difference is less than 10 votes^[21]	Available within six days of the final tally^[21]

Ireland

In Irish presidential elections, recounts occur only at the approval of the High Court. Candidates or the Director of Public Prosecutions may petition for a recount within seven days of the election. In the event of a recount, the High Court's decision is final.^[22] An identical process is available for elections to the Oireachtas.^[23]

New Zealand

New Zealand uses a mixed-member proportional representation system for elections to its Parliament. As in Australia, an official count takes place shortly after the election day involving a recount of all of the ballots in electorates. Judicial recounts are also available in electorate and party list races.^[24] No threshold is needed for a recount to occur.^[25]

United States

In the United States recounts rarely reverse election results. Of the 4,687 statewide general elections held from 2000 to 2015, 27 were followed by a recount, and only three resulted in a change of outcome from the original count: 2004 Washington gubernatorial election, 2006 Vermont Auditor of Accounts election, and 2008 United States Senate election in Minnesota.^[26] Recounts are conducted at the state level rather than the federal level, even for federal offices.

Recount methods

 

Recounting optical-scan ballots by hand in the United States Senate election in Minnesota, 2008.

Machine recount

A machine recount is a retabulation of ballots cast during the election. This can be done using an optical scan voting system, punched card system or direct-recording electronic (DRE) voting machine. 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.

Manual recount

A manual or "hand" recount involves each individual physical representation of voter intent being reviewed for voter intent by one or more individuals.

With DRE voting machines, a voter-verified paper audit trail (VVPAT) is examined from each voter. For some DREs that do not generate a VVPAT, images can be printed for each ballot cast and counted individually.^{[clarification needed]}

Legal requirements

Recounts can be mandatory or optional. In some jurisdictions, recounts are mandatory in the event the difference between the top two candidates is less than a percentage of votes cast or of a fixed number.^[27] Mandatory recounts are paid for by the elections official, or the state. Mandatory recounts can usually be waived by the apparent losing candidate. The winning side will usually encourage the loser to waive the recount in a show of unity and to avoid spending taxpayer money.

Each jurisdiction has different criteria for optional recounts. Some areas permit recounts for any office or measure, while others require that the margin of victory be less than a certain percentage before a recount is allowed. In all instances, optional recounts are paid for by the candidate, their political party, or, in some instances, by any interested voter. The person paying for the recount has the option to stop the recount at any time. If the recount reverses the election, the jurisdiction will then pay for the recount.

Rules for election recounts in U.S. states

State	Automatic	Requested
Alabama	When difference is less than 0.5%	Available to both candidates and voters; an election contest must be filed if the recount changes the result
Alaska	When tied	Available to both candidates and voters
Arizona	When difference is less than 0.1%^[28]	Not available^[28]
Arkansas	None	Available; the election commission may also initiate a recount
California	None	Available to voters; the governor may initiate a recount if difference is less than 1,000 votes or 0.1%
Colorado	When difference is less than 0.5%	Available
Connecticut	When difference is less than 20 votes OR less than 2000 votes when said difference is less than 0.5%	Available; election officials may initiate recounts
Delaware	When difference is less than 1,000 votes OR less than 0.5% (whichever is smaller) (municipal elections - only if difference is less than 0.5%)	Available, if difference is less than 1,000 votes OR less than 0.5% (whichever is smaller); voters can initiate in school board elections only
Florida	When difference is less than 0.5%	Available
Georgia	None^[28]	Available, if difference is less than 0.5%^[28]
Hawaii	None	Available through the Supreme Court
Idaho	None	Available, if difference is less than 0.1% or 5 votes (whichever is larger)
Illinois	None	Available, if difference is less than 5% (non-binding unless court-ordered); voters can initiate on ballot measures only
Indiana	None	Available
Iowa	None	Available, if difference is less than 1% or 50 votes (whichever is larger)
Kansas	None	Available, if difference is less than 0.5%
Kentucky	None	Available, unless an election for Governor, Lieutenant Governor, or General Assembly member
Louisiana	None	Available, if difference is less than the total number of absentee and early ballots
Maine	None	Available, if difference is less than 1.5% (legislative races) OR less than 1% OR 1,000 votes (whichever is smaller) (statewide races)
Maryland	None	Available, if difference is less than 0.1%
Massachusetts	None	Available, if difference is less than 0.5%
Michigan	When difference is less than 2000 votes^[28]	Available^[28]
Minnesota	None	Available, if difference is less than 0.25% (federal, statewide, and judicial races) OR less than 0.5% (legislative races) OR less than 10 votes (when total number is less than 400 votes)
Mississippi	None	Not available
Missouri	None	Available, if difference is less than 0.5% (state and federal races) OR less than 1% (local races)
Montana	When tied	Available, if difference less than 0.25%; state pays costs
Nebraska	When difference is less than 1% (if more than 500 total votes) OR less than 2% (if 500 total votes or less)	Available
Nevada	None^[28]	Available^[28]
New Hampshire	None	Available, if difference is less than 20%
New Jersey	None	Available
New Mexico	When difference is less than 0.25% (federal and statewide races) OR less than 0.5% (judicial races and certain local races) OR less than 1% (all other races)	Available (voters may initiate only under the Liquor Control Act)
New York	When difference is less than 20 votes OR less than 0.5% OR less than 5,000 votes (if more than 1 million votes)	Available for local races only
North Carolina	None	Available, if difference is less than 0.5% OR less than 10,000 votes (whichever is less) (statewide races) OR less than 1% (all other races)
North Dakota	When difference is less than 1% (primaries) OR less than 0.5% (general elections)	Available, if difference is less than 2%
Ohio	When difference is less than 0.25% (statewide races) OR less than 0.5% (all other races)	Available
Oklahoma	None	Available
Oregon	When difference is less than 0.2%	Available
Pennsylvania	When difference is less than 0.5%^[28]	Available^[28]
Rhode Island	None	Available (margin dependent on total number of votes cast)^[29]
South Carolina	When difference is less than 1%	Not available
South Dakota	When tied	Available, if difference is less than 0.25% (statewide races) OR less than 2% (all other races)
Tennessee	None	Available by court order only
Texas	When tied	Available, if difference is less than 10%
Utah	None	Available, if difference less than 0.25% OR if difference is only one (when <400 total votes were cast)
Vermont	When tied	Available, if difference is less than 2% OR less than 5% (municipal and state representative races)
Virginia	None	Available, if difference is less than 1%; if difference is less than 0.5%, state pays costs
Washington	When difference is less than 2,000 votes OR less than 0.5%	Available
West Virginia	None	Available
Wisconsin	None^[28]	Available; if difference is less than 0.25%, state pays costs^[28]
Wyoming	When difference is less than 1%	Available

Source:^[30]

Notable recounts

• Florida election recount - 2000 U.S. presidential election
• Washington gubernatorial election, 2004
• Vermont Auditor of Accounts election, 2006
• United States House of Representatives elections in Florida, 2006#District 13 - Florida's 13th congressional district
• United States Senate election in Minnesota, 2008
• Virginia Attorney General election, 2013^[31]
• 2016 United States presidential election recounts^[32][33]
• 2018 United States Senate election in Florida
• 2020 United States presidential election in Georgia

United Kingdom

More than one recount is allowed if a candidate or their agent requests one and the returning officer deems it appropriate.^[34] It is possible for a defeated candidate denied a recount by the Returning Officer, to request one from the court by means of an election petition. There are several cases where a Parliamentary election has been the subject of a court-ordered recount.

See also

• Risk-limiting audit
• Electoral fraud

External links

• NCSL list of recount rules
• Citizens for Election Integrity Recount Laws Database
• The count: Fresh scrutiny - YouTube video from the Australian Electoral Commission

References

1. Australian Electoral Commission (August 25, 2021). "House of Representatives count". Australian Electoral Commission. Retrieved June 11, 2022.
2. Australian Electoral Commission (August 25, 2021). "The Senate counting process". Australian Electoral Commission. Retrieved June 11, 2022.
3. Commonwealth Electoral Act 1918 (Cth) s 278 and 279
4. Elections ACT (July 30, 2020). "Scanning of ballot papers". Elections ACT. Retrieved June 11, 2022.
5. Electoral Act 1992 (ACT) s 187A
6. Elections Canada (August 2019). "Results, Validation, Recounts, and Contested Elections: What Happens After Voting in a Federal Election". Elections Canada. Retrieved June 11, 2022.
7. Elections AB (2023). "Election Act: Guide for Candidates". Elections AB. p. 12. Retrieved May 30, 2023.
8. Election Act, R.S.A. 2000, c. E-1, s. 144
9. Elections BC (2022). "Glossary of Provincial Elections". Elections BC. Retrieved June 11, 2022.
10. Elections Act, C.C.S.M. 2006, c. E30, s. 165
11. Elections NB (7 February 2014). "Prospective Candidates Information". Elections NB. Retrieved June 11, 2022.
12. Elections Act, 1991, SNL 1992, c. E-3.1, s. 157, 165
13. Elections and Plebiscites Act, SNWT 2006, c. 15, Div. F
14. Elections Nova Scotia Candidates' Handbook (non-financial) (PDF). Halifax: Chief Electoral Officer. June 2021. p. 38.
15. Guide for Candidates To elect Members of the Nunavut Legislative Assembly (PDF). Rankin Inlet: Elections Nunavut. 2021. p. 29.
16. Nunavut Elections Act, C.S.Nu. 2003, c. N-60, s. 141
17. Candidate's Guide (PDF). Toronto: Elections Ontario. 2021. p. 16.
18. "Election Act". Act of 2022 (PDF). Prince Edward Island Legislative Assembly. pp. 56–57.
19. Election Act, R.S.Q. 2022, c. E-3.3, Div. V
20. Elections Act, S.S. 1996, c. E-6.01, s. 155, 156
21. Elections Act, RSY 2002, c. 63, s. 280, 286
22. Department of Housing, Local Government and Heritage (January 29, 2016). How the President is Elected (PDF). Dublin: Government of Ireland. pp. 10–11.
23. Electoral Act 1923, 3rd Sch.: Proportional Representation Election Rules (No. 12 of 1923, 3rd Sch.). Act of the Oireachtas. Retrieved from Irish Statute Book.
24. Scrutineer Handbook - By-Elections (PDF). Wellington: New Zealand Electoral Commission. 2022. pp. 11–12.
25. "Electoral Act". Section 180, Act No. 87 of 1993. New Zealand Parliament.
26. Bialik, Carl (2016-11-27). "Recounts Rarely Reverse Election Results". FiveThirtyEight. Retrieved 2019-11-07.
27. "Automatic Recounts". National Conference of State Legislatures. October 26, 2016. Retrieved November 9, 2016.
28. "Recounts: What are the rules in key contested states?". www.aljazeera.com.
29. Rhode Island Board of Elections (2020). Guide to Election Recounts (PDF). Cranston: Rhode Island Board of Elections. p. 3.
30. "State Recount Laws Searchable Database". Citizens for Election Integrity Minnesota. Citizens for Election Integrity Minnesota. Retrieved June 21, 2022.
31. Vozzella, Laura (November 25, 2013). "Herring wins Virginia attorney general race, elections board announces" – via www.washingtonpost.com.
32. See http://www.gregpalast.com/ for an investigative journalist's report of what the "recount" uncovered.
33. "Clinton campaign counsel: We'll participate in recount". www.msn.com. Retrieved 26 November 2016.
34. (PDF). Archived from the original (PDF) on 2019-12-04. Retrieved 2019-11-15.{{cite web}}: CS1 maint: archived copy as title (link)