John Jefferson
Each of the seven major battleground states has different rules governing how – and when – candidates can request ballot recounts in the event of a close election.
Now, as voters continue to cast their ballots this Election Day, here’s a rundown of the rules each of the seven swing states – Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin – use before ordering a recount, and the various types of recount requests candidates can legally submit.
Arizona: Arizona law allows for an automatic recount if the candidate with the most votes leads the closest competitor by half of 1% or less of total votes cast for both contenders.
Georgia: Georgia law does not require any automatic recounts – however, a recount can be requested by either candidate if the winner’s margin of victory is 0.5% or less. The request must be made within two days of the state’s certification of the results.
Michigan: Michigan law allows candidates to request a recount on the grounds of “suspected fraud or error” within a precinct. The law requires candidates to submit their request – as well as a deposit – for each precinct where they are seeking a recount within six days of the conclusion of the canvassing process.
Nevada: Nevada allows candidates to send a written request for a recount within three business days of its state result certification. Like Michigan, candidates must pay the advance deposit ahead of time to cover any estimated recount costs.
The recount also must begin within five days of the Nevada Secretary of State’s office receiving the request.
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North Carolina: Candidates may submit a written recount request if the margin of victory is “less than or equal to half of 1% of the vote, or fewer than 10,000 votes,” according to the North Carolina General Assembly. The request must be made by noon on the second business day after the county canvas process concludes.
Pennsylvania: Pennsylvania law allows three separate types of recounts: statewide automatic recounts ordered by the secretary of the commonwealth; recounts ordered by a county election board; and recounts that are ordered by the court.
An automatic recount occurs if a candidate’s margin of victory is no more than 0.5% of total votes cast. In this case, a recount submission must be submitted to the Pennsylvania Secretary of State’s office no later than 5 p.m. on the second Thursday after Election Day.
Any request for a court-ordered recount must be filed by at least three qualified electors within five days of the end of canvassing, according to the Pennsylvania Secretary of State’s office. An advance deposit is also required.
In the case of any fraud, state laws allows relevant parties to have five additional days to continue counting ballots. Read more on Keystone State recounts here.
Wisconsin: Wisconsin law allows candidates to file a sworn recount petition with the state clerk or local officer, stating both the areas they are seeking a recount in and their basis for requesting a recount. Candidates must indicate belief of mistake or fraud.
The request must be made by 5 p.m. on the third business day after the board of canvassers certifies the election results, according to the Wisconsin State Election Board.
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