SUMMARY: STATE ELECTION CANVASSING TIMEFRAMES AND RECOUNT THRESHOLDS
September 2022
The following chart provides an overview of the state canvassing timeframes and recount thresholds in each state. State laws vary on the specific procedures for canvassing election results. In general, local officials (often a county canvassing board) meet within a specified timeframe to canvass and certify election results from precincts within the jurisdiction. Results for offices canvassed at the state level (e.g. statewide and multi-county offices) are then transmitted to the state. State officials (often a state canvassing board) meet within a specified timeframe to canvass and certify those results.
Many states authorize a recount to take place when the canvass of election results indicates that the difference in vote totals between the winning and losing candidate for an office is within a specific margin. Some states authorize “automatic” recounts which require no additional initiating mechanism beyond the recount threshold. Automatic recounts are paid for by the state. Other states authorize a candidate to request a state funded recount where the vote totals are within a specified margin. Additionally, many states allow candidates to request a recount, at the candidate’s expense, regardless of the difference in vote totals. The candidate is often refunded if the recount changes the results of the election or, in some cases, if the recount result shows the vote difference to be within a certain margin. Most states authorize one or more of the above recount methods. The chart provides a brief summary of these laws. Please note that state recount laws vary by state and may include a variety of recount methods not reflected in this chart, including court ordered recounts (including those arising from election contests) and recounts requested by candidates or election officials based on suspected error, irregularity, etc.
Alabama
County officials meet on the second Friday after the election to canvass local election results. The state canvassing board (comprised of the Governor, the Secretary of State, and the Attorney General) must meet within 22 days following the election to certify the returns for state and federal offices. (Alabama Code 17-12-15; 17; 21) (also see Alabama 2022 Election Calendar).
A recount (automatic) takes place when the margin of defeat is no more than .5 of 1% of the votes cast for the office. The recount must commence within 72 hours of certification of election results by the county or state canvassing board (as applicable). (17-16-20).
Any person with standing may also petition the canvassing board for a recount. A recount request must be made within 48 hours after the county canvass. (17-16-21). If the recount appears to change the results of the election, an election contest may be filed. The petitioner must pay for the recount unless it alters the results of the election contest. (17-16-59; 65; 17-13-86; 87).
Alaska
Election boards certify election returns no later than the day after the election. The state ballot counting review (i.e. post-election audit) begins no later than 16 days after the election. Upon completion of the ballot counting review the State Director of Elections certifies the results for state and federal offices. (Alaska Statutes 15.15.370; 15-15-450) Target date to certify the 2020 general election is November 25th. (see Alaska 2022 Election Calendar).
A defeated candidate or 10 qualified voters may file an application for a recount with the State Director of Elections within 5 days of the state ballot counting review (3 days for the office of governor). In the case of a tie vote the state initiates the recount. The recount must take place within 5 days of receiving the application (3 days for the office of governor). The recount must be completed within 10 days. If the recount changes the candidate elected or changes the results by more than four percent, the state pays for the recount. (15.20.430; 25.20.450; 15.20.490).
Arizona
Local officials meet no later than 20 days after the election to canvass and certify local election returns. The Secretary of State (in the presence of the Governor, Attorney General, and Chief Justice) canvasses and certifies results for state and federal offices on the fourth Monday following the election. The Secretary of State issues certificates of election. (Arizona Statutes 16-642; 648; 650)
A recount (automatic) is required when canvass results show that the difference in total votes cast for the top two candidates or between the votes cast on an initiative or referendum measure is less than or equal to 1/2 of 1% of the votes cast for both such candidates or on such measures or proposals. (16-661).
Arkansas
County officials canvass local election returns no later than 15 days after the election. The Secretary of State (in the presence of the Governor) conducts the state canvass for state and federal offices no later than 30 days after county canvass deadline. The Governor certifies results for federal offices. The Arkansas General Assembly certifies results for state constitutional offices. (Arkansas Statutes 7-5-701; 703; 704; 705) (also see Arkansas 2020 Election Calendar).
Any candidate may request a recount no later than two days after county officials declare unofficial results (where the number of outstanding overseas absentee ballot could change the results) or no later than completion of the county canvass. The candidate must pay for the recount unless it alters the outcome of the election. (7-5-319).
California
County officials begin canvassing local election results no later than Thursday after the election and transmit results to the Secretary of State within 31 days of the election. The Secretary of State canvasses and certifies results for state and federal offices on or before the 38th day after the election and issues certificates of election. The Secretary of State must certify the names of Presidential Electors no later than 32 days after the election. (California Code 15301; 15374; 15500; 15503; 15504; 15505) (also see California 2022 Election Calendar).
A voter may request a recount within 5 days following the 31st day after the election. The recount must commence within 7 days of the request. The voter must pay for the recount unless it results in a change in the candidate elected. (15621; 15624 Code of Regulations § 20822)
Within five days beginning on the 31st day after an election, the Governor can order a state-funded manual recount of all votes cast if official results in a statewide general election show that the two candidates for a statewide office getting the highest number of votes are only separated by less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office. (15645)
Colorado
County officials canvass local election returns no later than the 22nd day after the election and transmit results to the Secretary of State. The Secretary of State canvasses and certifies election results for state and federal offices no later than the 27th day after the election and issues certificates of election. (Colorado Statues 1-10-102; 103; 1-11-105) (also see Colorado 2022 Election Calendar).
A recount (automatic) must be held if the difference between the highest number of votes cast in the election contest and the next highest number of votes cast is less than or equal to one-half of one percent of the highest vote cast in the election contest. If a recount is required the Secretary of State must order the recount no later than the thirtieth day after the election. The recount must be completed no later than the thirty-fifth day after any election. (1-10.5-101; 1-10.5-102).
An interested party (including the candidate who lost the election, the political party or political organization of such candidate) may file a recount request with the appropriate election official within twenty-eight days after an election. The recount must be completed no later than the thirty-seventh day after the election. The interested party must pay for the recount unless the results change the candidate elected or indicate that an automatic recount would have been required. (1-10.5-106).
Connecticut
Municipal officials transmit preliminary local election results to the Secretary of State no later than midnight on election day. Municipal officials must transmit a duplicate of results to the Secretary of State by electronic means no later than 48 hours after the election, and must seal and deliver duplicate returns to the Secretary of State no later than the 3rd day after the election. The Secretary of State, State Treasurer, and State Comptroller canvass and declare election results for federal offices on the last Wednesday of month in which votes are cast. The same officials canvass and declare election results for state officers within 30 days of the election. Canvass results are presented to the General Assembly on the first day of session and the candidates with the highest vote totals are elected. (Connecticut Statutes 9-314; 315; 318; Connecticut Constitution Article 4, Section 4) (also see Connecticut 2022 Election Calendar).
A re-canvass (recount, automatic) is required if the difference between the top two candidates is less than 1/2 of 1 percent of total votes for the office (but no more than 2,000 votes) or less then 20 votes. The recount must take place within 5 business days of the election. (9-311a)
Delaware
The Superior Court canvasses and certifies election returns in each county on the 2nd day after the election (Delaware Code 15-5701) (also see Delaware 2022 Election Calendar).
Candidates for statewide office may request a recount (state funded) if less than 1,000 votes, or less than 1/2 of 1 percent of all votes cast for the two candidates, whichever is less, separate the top two candidates. The request must be made prior to adjournment of the canvass. The recount is automatic for state legislative offices. (5702).
District of Columbia
Following tabulation of all ballots, a consolidated report shall be produced showing the total votes cast and counted for all offices and ballot questions. Unless otherwise mandated by the Board, the consolidated ballot report shall be made by precinct. The Board shall certify the results of each election. If, in any election for President and Vice-President of the United States, Delegate to the House of Representatives, Mayor, Chairman of the Council, member of the Council, Attorney General, at-large member of the Board of Education, or member of the Board of Education, the certified election results show a margin of victory for a candidate that is less than one percent (1%) of the total votes cast for that office. The cost of such recount shall not be charged to any candidate. 3 DCMR § 806; 813; 814)
Florida
County officials canvass local election returns and transmit results to the Department of State by the 12th day following the election. The Governor, and two members of the Governor’s Cabinet, canvass and certify election results for state and federal and multi-county offices and statewide issues on the 14th day after the election. (Florida Statutes 102.111; 102.112) (also see Florida 2022 Election Calendar).
A recount (machine) takes place where a candidate or issue was defeated by 1/2 of 1 percent or less of the votes cast for that office or issue. The recount must be completed by the 9th day after the election (102.141). A manual recount of overvotes and undervotes only takes place if results of machine recount show candidate or issue was defeated by 1/4 of 1 percent or less of the votes cast for that office or issue. The recount must be completed by the 12th day after the election (102.166).
Georgia
County officials canvass local election returns and transmit results to the Secretary of State no later than the second Friday after the election. The Secretary of State must canvass and certify election results for state and federal offices no later than 17 days after the election. The Governor must certify the presidential electors no later than the 18th day after the election. (Georgia Statute 21-2-493; 499)
A candidate may request a recount (state funded) if the difference between the candidate and the winning candidate is not greater than .5 percent of the total votes cast for the office. The request must be made within two business days following certification of the results. (21-2-495)
Hawaii
County officials or the Chief Election Officer canvass and certify election returns after the time expires for an election contest. (Hawaii Statutes 11-155; 11-156)
A mandatory recount takes place (state funded) if the different between the candidates is equal to or less than 100 votes or 1/4 of 1% of the total votes cast for that contest, whichever is greater. The recount must be completed no later than 72 hours after the close of polls. (Hawaii Statute Chapter 11, Section 1).
Idaho
County officials meet by November 13th to canvass local election returns and transmit results to the Secretary of State. The Secretary of State, State Controller, and State Treasurer meet within 15 days after the election to canvass and certify election results for state and federal offices. The Secretary of State issues certificates of election. (Idaho Statutes 34-1205; 1207; 1211; 1215; 34-2301; 34-2008) (also see Idaho 2022 Election Calendar).
A losing candidate may request a recount (state funded) where the difference in votes cast for that candidate and the winning candidate is less than or equal to 1/10 of 1 percent of the total votes cast for the office, or 5 votes, whichever is greater. (2309).
Any candidate may apply to the attorney general for a recount within 20 days of the relevant canvass. The candidate must pay for the recount initially. If the recount takes place in at least 20 precincts with at least 5,000 votes and it changes the results in favor of the candidate, the state pays for the recount, and conducts a recount in any additional precincts for that office. (2301; 2306; 2307)
Illinois
Local official canvass local election returns within 21 days of the election and transmit results to the State Elections Board. The Board meets within 31 days after the election to canvass and declare election results for state and federal offices. The Governor issues certificates of election. (Illinois Statutes 10-5-22-1; 22-7) (also see Illinois Election Calendar).
Any candidate who received at least 95% of the total of votes cast for the winning candidate may file a petition for discovery (at candidate expense) within 5 days of the canvass. In response to the petition election officials must examine and count the ballots. Results of the examination do not impact the canvass results or change the result of the election for that office. (5/22-9.1)
Indiana
Circuit court clerks complete a statement of results for election returns and transmit results to the State Election Division no later than noon on the second Monday following the election. Upon receipt of results from the circuit court clerks the Election Division canvasses results for U.S. Congress. The Election Division canvasses results for presidential electors and state offices (other than Governor and Lt. Gov) no later than noon on the last Tuesday in November. The Secretary of State issues certificates of election. The State Legislature canvasses and certifies results for Governor and Lt. Governor. (Indiana Code 3-12-4-6; 3-12-5-5; 5-6; 5-7; 5-9) (also see Indiana 2022 Elections Calendar).
A candidate may file a petition for a recount no later than noon the day after election certification, or 14 days after the election. The state chairman of a political party may file a petition for a recount no later than noon on the third Friday after the election. (3-12-11-1; 11-2) The petitioner must pay for the recount unless the results of the recount change the outcome in favor of the petitioner. (3-12-11-10)
Iowa
County officials canvass local election returns on the Monday or Tuesday after the election and transmit election results to the State Commissioner within 13 days of the election. The Governor, Secretary of State, State Auditor, State Treasurer, and Secretary of Agriculture meet to canvass and declare election results for state and federal offices no later than 27 days after the election. The Governor issues certificates of election. (Iowa Code 50.24; 30; 37; 38; 41)
A candidate may request, no later than three days following the county canvass, that the county canvassing board order a recount. The candidate must pay for the recount, unless: the difference (based on abstracts) between the candidate and the apparent winner is less than the greater of 50 votes, or 1 percent of the total votes cast for the office; or, the results of the recount change the outcome of the election. (50.48)
Kansas
County officials canvass local election returns on the Friday following the election and transmit results to the Secretary of State. The Governor, Secretary of State, and Attorney General canvass and certify election results for state and federal offices no later than December 1st. The Secretary of State issue certificates of election. (Kansas Statutes 25-3204; 25-3201; 3202; 3206; 3211)
Any candidate may request a recount. The recount request must be filed no later than 5 pm on the day following the county canvassing board meeting. The candidate must pay for the recount unless the candidate is declared the winner as a result of the recount. (25-3107).
If a candidate requests a recount in more than one county, the request must be filed with the Secretary of State no later than 5 pm on the second Friday following the election. The candidate must pay for the recount unless: the returns reflect that the candidate was defeated by 1/2 of 1 percent or less of the total votes cast; or, the candidate is declared the winner as a result of the recount. (25-3107).
Kentucky
County Clerks canvass local election returns after the polls close and transmit the to the State Board of Elections the results for each precinct as unofficial results. KRS 117.275. The certificate of the total number of votes shall be certified by the County Board of Elections to the Secretary of State no later then 12 p.m. on the Friday after the election. KRS 118.425(4).
The State Board of Elections shall meet, to count and tabulate the votes received by the different candidates as certified to the Secretary of State no later than the third Monday after the Election. KRS 118.425(5). The certificate of the election shall be issued to the candidate receiving the highest number of votes. KRS 118.425(6).
A recanvass of the vote can be requested by 4 p.m. on the Tuesday following an election and the recanvass will take place on the Thursday following the filing deadline to request the recanvass. A candidate shall request the recanvass from the filing official to which they file their candidate paperwork, either the county board of elections or Secretary of State. A candidate’s written request for a recanvass shall be insufficient to compel the recanvass unless the difference between the number of votes received by the requesting candidate and the number of votes received by any other candidate or candidates for the same office is less than one percent (1%) of the total votes which were cast for such office. KRS 117.305
Contest of primary: Must be filed within 10 days of the election with the Circuit Court stating the specific grounds relied upon for the contest. KRS 120.055
Recount of primary: Must be filed within 10 days of the election with the Circuit Court. The party requesting the recount is responsible for the costs of the recount. KRS 120.095
Contest of regular election: Must be filed within 30 days of the election with the Circuit Court stating the specific grounds relied upon for the contest. Does not apply to election of Governor, Lt. Governor, General Assembly and certain city officers. KRS 120.155
Automatic recount: A recount of the vote shall be required when a candidate is defeated by a margin of not more than on-half of one percent (0.5%) of the votes cast for the office. Only applies to the General Assembly, the United States Senate or the United States House of Representatives, Governor and Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of Agriculture, Labor and Statistics, Secretary of State, and Attorney General.
Contest of election by slate of candidates for Governor and Lt. Governor or by candidate for General Assembly: A contest can be filed by filing a written application and notice of the contest with the clerk of the Senate and with clerk of the House of Representatives of the General Assembly.
Louisiana
Parish officials canvass local election returns by the 4th day after the election) and transmit results to the Secretary of State. The Secretary of state canvasses results for state and federal offices on or before the 12th day after the election - if falls on a Sunday next business day). Secretary of State certifies the candidates elected within 30 days of the election. (Louisiana Statutes 18-574; 513; 1277)
If the number of absentee and early ballots cast for all candidate for an office could make a difference in the outcome of the election, a candidate may request that local officials recount the absentee and early ballots. The recount must take on the fifth day after the election. The candidate must pay for the recount unless the recount changes the outcome of the election. (18-1313).
Maine
Local officials canvass local election returns and transmit results to the Secretary of State within 3 days of the election. The Secretary of State canvass results for state and federal elections and presents the tabulation to the Governor within 20 days after the election. The Governor issues certificates of election within a reasonable time after an election. (Maine Statutes 21-A-711; 722; 724)
A candidate may file a recount request with the Secretary of State within 5 business days after the election. If an apparent winner is determined to be the losing candidate after the official tabulation, the recount request may be submitted within 3 days after the tabulation is submitted to the Governor. A recount must be held as soon as reasonably possible. The candidate must pay for the recount unless: the difference between the leading candidate and requesting candidate is 1.5% or less of total votes cast for the office; or, the recount reverses the election result. (737)
Maryland
Local officials canvass local election returns and transmit results to the State Board of Elections by the 2nd Friday after the election, or within 48 hours of completing the canvass. The Secretary of State, the Comptroller, the State Treasurer, the Clerk of the Court of Appeals, and the Attorney General meet within 35 days of the election to canvass and certify results for state and federal offices. (Maryland Code 11-401; 502; 503) (also see Maryland 2022 Election Calendar).
A candidate may file a recount request with the relevant election board. The request may designate all or certain precincts to be recounted. The request must be filed within 3 days after election results have been certified. The recount must begin within 2 business days after the request is received. The candidate must pay for recount unless: the difference between the apparent winner and losing candidate is 0.1% or less of total votes cast for the candidates; the candidate gains votes equal to 2% or more of the total votes cast for the office; or the outcome of the election is changed. (12-101; 107; COMAR 33.12.02.09).
Massachusetts
Municipal clerks transmit election results to the Secretary of State within 15 days of the election. The Secretary of State presents election results to the Governor. The Governor and 5 members of the Governor's Executive Council canvass the results. The Governor issues certificates of election, but may not do so prior to 15 days after the election. (Massachusetts Statutes 54-112; 115; 116)
Candidates may file a recount petition with local registrars no later than 10 days following the election where the margin of victory is no more than 1/2 of 1 percent of the votes cast for that office. The petitions must be submitted to the Secretary of State no later than the 15th day following the election. For district-wide recounts the petition must be signed by 1/4 the number of voters required to sign state primary nomination papers for the office. For statewide recounts the petition must be signed by at least 1,000 registered voters. The Secretary of State must hold recount petitions until the official tabulation is made by the Governor and Executive Council. Local registrars must hold the recount no later than 10 days after the deadline for filing the recount petition. (54-135).
Michigan
Bi-partisan Boards of County Canvassers meet no later than 9 a.m. on the Thursday after the election to canvass local elections and must finish within 14 days of the election and transmit results to the Secretary of State. The Governor appoints four bi-partisan individuals to the Board of State Canvassers. The Board meets on or before 20th day after the election to canvass state and federal election results and must conclude no later than the 40th day after the election. (Michigan Statutes 168.22(a); 821; 822; 828; 841; 842; 845) (also see Michigan 2022 Election Calendar).
A recount (automatic) for statewide office candidates is required where the election is determined by a difference of 2,000 votes or less. (880).
Minnesota
County officials meet between the 3rd and 10th day following the election to canvass local election returns. County officials transmit county canvass results to the Secretary of State. The Secretary of State, two State Supreme Court Judges, and two District Court Judges meet on the 3rd Tuesday following the election to canvass and certify election results for state and federal offices. State canvass results are declared within 3 days of completing the canvass. The Secretary of State issues certificates of election 7 days after the Board declares the results, or upon resolution of any election contest. (Minnesota Statutes 204C.33; 204C.40) (also see Minnesota 2022 Election Calendar)
A candidate may request a state funded where the difference between where the difference between the candidate and another candidate is less than 1/4 of 1% of the total votes counted (for a statewide office) or 1/2 of 1 percent (for state legislative office). The request must be filed no later than the second day after the canvass. The recount must be certified by the canvassing board as soon as possible. (204C.35)
A candidate may request a discretionary recount at the candidate’s expense where the vote difference exceeds the amount for a state funded recount. The request must be filed during the time for filing a notice of contest of the election. The candidate is not required to pay if the recount changes the winner of the race. (204C.35)
Mississippi
County officials canvass local election returns and transmit results to the Secretary of State. The Secretary of State canvasses and declares election results for state and federal office no later than 30 days after the election. (Mississippi Statues 23-15-601; 603; 605) (also see Mississippi 2022 Election Calendar).
State has no specific recount laws.
Missouri
County officials canvass local election returns and transmit results to the Secretary of State no later than the 2nd Tuesday after the election. The Secretary of State, and two disinterested judges selected by the Secretary of State, meet no later than the 2nd Tuesday in December to canvass and announce election results for state and federal offices. (Missouri Statutes 15-507; 15-511; Missouri Constitution Art. 4 sec. 18).
Candidates who file with the Secretary of State and lose the election by less than 1/2 of 1 percent of the votes cast may request a recount (state funded). The request must be filed no later than 7 days after certification of the election. The Secretary of State must conduct the recount within 20 days of notifying concerned parties. (115.601).
Montana
County officials meet between the 3rd and 14th day after the election to canvass local election returns. County officials transmit results to the Secretary of State. The State Auditor, the Secretary of State, the Attorney General, and the Superintendent of Public Instruction meet within 27 days of the election to canvass and certify election results for state and federal offices. (Montana Statutes 13-15-401; 501; 502) (also see Montana 2022 Election Calendar).
A candidate may request recount (state funded) where the margin of defeat does not exceed 1/4 of 1% of the total votes cast for the office. The request must be filed with the Secretary of State within 5 days after the county or state canvass, depending on the office. (13-16-201)
A candidate may request a recount at their own expense where the margin of defeat is greater than the amount for a state funded recount but does not exceed 1/2 of 1% of votes cast for the office. The request must be filed with the relevant filing officer within 5 days after the canvass. (13-16-205)
Nebraska
County officials canvass local election returns and transmit results to the Secretary of State by the 3rd Monday after the election. The Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, and Attorney General meet on the 4th Monday after the Election to canvass and determine election results for state and federal offices (except state executive offices). The State Legislature canvasses election results for state executive offices at the next regular session. The Secretary of State issues certificates of election within 40 days of the election. (Nebraska Statutes 32-1031; 1037; 1039; 1040) (also see Nebraska 2022 Election Calendar).
A recount (automatic) takes place where a candidate loses by 1% or less of the votes received by the candidate with the most votes where more than 500 votes are cast (2% where less than 500 votes cast). A recount for candidate who file with the Secretary of State takes place on the 5th Wednesday after the election. (32-119).
If a candidate loses by more than the margins for an automatic recount the candidate may request a recount at the candidate’s expense. The request must be filed with the relevant filing officer no later than the 10th day after the relevant canvassing board concludes. If the recount determines that the candidate is the winner, the candidate is not required to pay. (32-1121)
An apparent losing candidate for state legislative office may request a recount with the Secretary of State no later than the 4th Monday after the election. The candidate must pay for the recount unless it changes the results of the election. (32-1118)
Nevada
County officials canvass local election returns no later than the 10th day following the election and transmit results to the Secretary of State no later than 7 working days after the election. The Secretary of State and all, or a majority, of the State Supreme Court justices canvass election results for state and federal offices on the 4th Tuesday in November. The Governor issues certificates of election. (Nevada Statutes 293.387; 395)
A defeated candidate may file a recount request with the relevant filing officer no later than 3 days after the canvass. The recount must commence within 5 days and must be completed within 5 days. The candidate must pay for the recount if the candidate does not prevail. (293.403; 405).
New Hampshire
Local officials prepare election returns and transmit results to the Secretary of State no later than the Monday following the election. The Secretary of State canvasses and declares the results of state and federal offices. The Governor issues certificates of election for federal offices, and the Secretary of state issues certificates for state offices, after the time for requesting a recount. (New Hampshire States 659.75; 659.81; 659.84)
A candidate may request a recount where the difference between the candidate and the candidate declared elected is less than 20% of the total votes cast in the towns comprising the recount. The request must be filed with the Secretary of State no later than the Friday following the election. The recount must begin no later than the Wednesday following the deadline for requesting the recount. The candidate must pay for the recount unless the candidate is declared elected as a result of the recount. (660:1; 2; 4; 6)
New Jersey
County officials meet on the next Monday after the election to canvass local election returns. County officials transmit results to the Secretary of State within three days of the county canvass meeting. The Governor, and four bi-partisan members of the state legislature appointed by the Governor, meet no later than 28 days after the election to canvass and certify state and federal election results. The Secretary of State issues certificates of election. (New Jersey Statutes 19:6-27; 19-1, 21-1; 22-6; 22-7)
A candidate may request a recount from the courts where the candidate believes an error was made in counting the votes. The candidate must pay for the recount unless it changes the result, or the difference in votes between any two candidates is altered in any district by more than 10 votes, or 10% of the total votes, whichever is greater. (19-28-1; 28-2)
New Mexico
County officials meet within 3 days of the election to canvass election returns. County officials must complete the canvass within 10 days of the election and transmit results to the Secretary of State. The Governor, Secretary of State, and Chief Justice of the State Supreme Court meet on the 3rd Tuesday after the election to canvass and declare election results for state and federal elections. After the canvass is complete, but not before 31 days after the election the state canvass officials issue certificates of election. (New Mexico Statutes 1-13-3; 13-13; 13-15; 13-16; New Mexico Constitution 6-33)
A recount (automatic) takes place where the margin between the two candidates with the most votes is less than 1/4 of 1 percent of total votes cast (for federal or statewide office) or less than 1 % of the total votes cast (for any other state office). The recount must take place within 10 days. (1-14-24)
New York
County officials meet to canvass local election returns the day after the election. County officials transmit results to the State Board of Elections within 25 days of the election, except for results of a Governor's race, which must be transmitted no later than Dec 10th. The State Board of Elections meets to canvass and certify election results for state and federal elections no later than Dec 15th, or, in a year when presidential electors are chosen, the first Monday after the first Wednesday in December. The Board must complete the canvass within 5 days. (New York Statutes 9-204; 9-214; 9-216)
State has no specific recount laws. Election officials conduct a recanvass after each election which may lead to recounting of ballots in some circumstances. (9-208)
North Carolina
County officials meet to canvass local election returns on the 10th day after the election). County officials transmit canvass results to the State Board of Elections. The State Board of Elections meets to canvass election results for state and federal offices on the Tuesday three weeks after the election. The Board issues certificates of election no later than 6 days after the state canvass is complete (unless there is an election protest). (North Carolina Statutes 163-182.5; 182.6; 182.15) (also see North Carolina 2022 Election Calendar).
A candidate in a statewide election may request a recount where the different between the candidate and the winning candidate are no more than 1/2 of 1% or 10,000 votes, whichever is less. For non-statewide contests under the jurisdiction of the State Board the difference must be no less than 1% of the total votes cast. (163A-1174)
North Dakota
County officials meet to canvass local election returns no earlier than the 3rd day, and no later than the 13th day, following the election. County officials transmit results to the Secretary of State by the 10th day following the election. The State Canvassing Board meets no later than 17 days after the election to canvass and certify election results for state and federal offices. The Board consists of the Clerk of the Supreme Court, the Secretary of State, the State Treasurer, and the Chairman of the State Committee of the two political parties which cast the highest vote for Governor at the last general. (North Dakota Statutes 16.1-15-17; 15-22; 15-33; 15-35; 15-42) (also see North Dakota 2022 Election Calendar).
A recount (automatic) must be conducted where a candidate failed to be elected by 1/2 of 1% or less of the highest vote cast for a candidate for that office. (16.1-16-01)
A candidate may request a recount where the candidate failed to be elected by more than 1/2 of 1 percent and less than 2 percent of the highest vote cast for a candidate for that office. The request must be made within 3 days of the relevant canvass. The Secretary of State must notify counties of the recount request within 4 days of the state canvass and a recount must take place within 7 days (for legislative offices) or 14 days (for statewide offices). The candidate must pay for the recount. (16.1-16-01)
Ohio
County officials canvass local election returns no later than the 21st day after the election and transmit results to the Secretary of State. The Secretary of State canvasses and declares results for state and federal offices (except state executive offices) no later than 10 days after receipt of county canvass results. The State General Assembly canvasses and declares results for state executive office during the first week of regular session. The Secretary of State issues certificates of election. (Ohio Code 3505-32; 34; 35; 38) (also see Ohio 2022 Election Calendar).
A recount (automatic) in a statewide election takes place where the votes cast for the declared winner does not exceed votes cast for the defeated candidate by a margin of 1/4 of 1% or more of the total vote. A recount (automatic) takes place in a district election where the votes cast for the declared winner does not exceed votes cast for the defeated candidate by a margin of 1/2 of 1% or more of the total vote. The recount must take place within 10 days of declaring the automatic recount. (3515.011)
A candidate who was not declared elected may request a recount with the relevant county or counties. The recount must take place within 10 days of the request. The candidate must pay for the recount in each precinct unless: the votes for the candidate in a precinct increase by more than 4%, or the candidate is declared elected in that precinct. (3515.02; 04; 07)
Oklahoma
County officials canvass local election returns and transmit results to the State Elections Board by the Friday following the election. The State Elections Board meets on the Tuesday following the election to canvass election results for state and federal offices. (Oklahoma Statutes 26-7-136)
A candidate may file a recount request with the relevant election board no later than 5 PM on the Friday following Election Day. The recount must begin no less than 3 days and no more than 10 days from the date of filing. (28-8-11) The candidate must pay for the recount unless the candidate is successful in changing the outcome of the election. (28-8-17)
Oregon
County officials canvass local election returns and transmit results to the Secretary of State no later than the 20th day after the election. The Secretary of state canvasses and declares election results for state and federal offices (except for Governor) no later than 30 days after the election. The Speaker of the House canvasses and publishes the results for Governor. (Oregon Statutes 254.545; 555; Oregon Constitution Article V, Section 4) (also see Oregon 2022 Election Calendar)
The Secretary of State must order a recount (automatic) where there is a tie among candidates or the difference in votes between the candidate apparently elected and the defeated candidate is no more than 1/5 of 1% of the total votes for both candidates. (258.280)
A candidate or political party representative may request a recount no later than 35 or 45 days after the election (depending on the scope). The candidate must pay for the recount unless a full recount is conducted that shows the candidate received the most votes. (258.250)
Pennsylvania
County officials canvass local election returns and transmit unofficial results to the Secretary of the Commonwealth by the Tuesday following the election. The deadline for counties to file certified results with the Secretary of State is November 23rd. Upon receipt of the certified county canvass results, the Secretary of the Commonwealth canvasses and certifies election results for state and federal offices. The Secretary of the Commonwealth issues certificates of election for state offices. The Governor issues certificates of election for federal offices. (Pennsylvania Statutes 3154; 3159; 3163; 3164; 3165)
A recount (automatic) takes place where a candidate appearing on the ballot statewide was defeated by 1/2 of 1 % or less of the votes cast for the office. The recount must take place by the third Wednesday following the election and must be completed by the following Tuesday. (3154)
Rhode Island
The State Board of Elections begins canvassing local, state, and federal election results on Election Day or within 24 hours of the election. The Board issues certificates of election upon completion of the canvass. (Rhode Island Statutes 17-19-37; 17-22-1)
A candidate may request a recount within 7 days of the election where the difference in votes between candidate are within specified margins, with vary based on the number of votes cast. (17-19-37.1)
South Carolina
County officials meet to canvass local election returns on the Friday after the election and transmit results to the State Election Commission by the Saturday after the election. The State Election Commission canvasses election results for state and federal offices within 10 days of the election. The Commission must complete the canvass and certify results within 15 days, or within 5 days for results of presidential electors. (South Carolina Statutes 7-17-10; 20; 210; 220; 230; 290) (also see South Carolina 2022 Election Calendar).
A recount takes place (automatic) when the difference in votes between the declared winning candidate and another candidate is no less than 1 % of the total votes cast for the office. (7-17-280)
South Dakota
County official meet to canvass local election returns within 6 days of the election. County canvass results are sent to the Secretary of State. The Governor, the Chief Justice of the Supreme Court, and the Secretary of State meet within 7 days of the election to canvass election results for state and federal offices. The Governor issues certificates of election. (South Dakota Statutes 12-20-36; 37; 46; 47; 49) (also see South Dakota 2022 Election Calendar).
A recount (automatic) takes place whenever a tie vote occurs. (12-21-16
A candidate may request a recount where the difference in votes is within specified margins, which vary by office. For statewide offices, a candidate may request a recount where the margin of defeat does not exceed 1/4 of 1 percent of the total votes for all candidates for the office. The request must be filed no later than 3 days after the state canvass. (12-21-12)
Tennessee
County officials meet no later than the 3rd Monday after the election to canvass local election returns. County canvass results are sent to the Secretary of State. After the Secretary of State receives the county canvass results, the Governor, Secretary of State, and the Attorney General canvass and declare election results for state and federal offices. The Governor issues certificates of election. (Tennessee Code 2-8-101; 109; 110)
State law does not include a process for automatic or candidate requested recounts (other than through court decisions).
Texas
Local officials canvass local election returns no later than the 14th day after the election. Upon completion of the local canvass, returns are sent to the Secretary of State. The Governor conducts the state canvass for state and federal offices (except Governor and Lt. Gov.) no earlier than the 18th day, and no later than the 33rd day, after the election. The Governor issues certificates of election after completing the canvass. The State Legislature canvasses results for Governor and Lieutenant Governor during the first week of the state legislative session (Texas Code 67-003; 012; 016; Texas Constitution Article 4, Section 3) (also see Texas 2022 Election Calendar).
A recount (automatic) takes place where there is a tie vote. (Elec. Code §216.00)
A candidate may request a recount. The process and requirements for requesting a recount vary based on a variety of factors, including the type of office, difference in number of votes, ballot counting methods, etc. (see Elec. Code §212)
Utah
County officials meet no earlier than the 7th day, and no later than the 14th day, after the election to canvass local election returns. County canvass results are sent to the Lieutenant Governor. The State Auditor, the State Treasurer, and the Attorney General meet on the 4th Monday of November to canvass and determine election results for state and federal offices. The Lieutenant Governor issues certificates of election. (Utah Code 20A-4-301; 306)
A candidate may request a recount (state funded) where the difference between the number of votes cast for the candidate and the winning candidate is equal to or less than .25% of the total number of votes cast for all candidates in the race. A candidate may also request a recount where the total votes cast is less than 400. A recount request must be filed no later than 7 days after canvass (for most offices). (20A-4-401)
Vermont
Within 48 hours of the polls closing local officials transmit election returns to the Secretary of State. One week after the election, the Secretary of State, and the chair of the state committee of each major political party, canvass and certify election results for state and federal offices. (Vermont Statutes 17-51-2588; 2592) (also see Vermont 2022 Election Calendar).
A candidate may request a recount (state funded) where the difference between the number of votes cast for the candidate and the winning candidate is 2% (5% for State Representative) or less of the total votes cast for all the candidates for the office, divided by the number of persons to be elected. The recount request must be filed within 7 days after the election. (17-51-2601; 2602)
Virginia
Local officials meet on the day after the election to canvas local election returns. Local canvass results are sent to the State Board of Elections. The State Board of Elections meets on the 4th Monday in November to canvass and ascertain election results for state and federal offices. The Board issues certificates of election. (Virginia Statutes 24.2-671; 675; 679; 680)
A candidate may request a recount (state funded) where the difference between the candidate and the candidate apparently elected is not more than 1/2 of 1% of total votes cast for the two candidates. A recount request must be filed within 10 days of certification or results by the relevant election board. (24.2-800; 801; 802).
A candidate may request a recount (candidate funded) where the difference between the candidate and the candidate apparently elected is not more than 1% of the total votes cast for the two candidates. The candidate must pay for the recount unless the candidate is declared the winner following the recount. (800; 801; 802)
Washington
County officials complete the canvass of local election returns 21 days after the election and transmit results to the Secretary of State. The Secretary of State canvasses and certifies election results for state and federal offices no later than the 30th day after the election. (Washington Statutes 29A-60-190; 230; 250) (also see Washington 2022 Election Calendar).
A recount (automatic) takes place if the difference in the number of votes cast for a candidate and the closest apparently defeated opponent is less than 2000 votes and also less than 1/2 of 1 percent of the total number of votes cast for both candidates. The Secretary of State must direct the relevant counties to conduct the recount within 3 days of the county canvass certification. (29A.64.021)
A candidate or political party may request a recount of all or a portion of votes cast for the candidate. The request must be filed no later than 2 days after the county canvass or Secretary of State declares official results. The candidate or party must pay for the recount unless the recount changes the result. (29A.64.011; 081)
West Virginia
County Commissions serve as the Boards of Canvassers and meet to canvass election results for local, state, and federal offices 5 days after the election, excluding Sunday. The Boards issue certificates of election by Dec 3rd. (West Virginia Statutes 3-6-9; 3-6-11). (also see West Virginia 2022 Election Calendar).
A candidate may request a recount within 48 hours after the county canvass. The candidate must pay for the recount unless the result of the election is changed by the recount. (3-6-9)
Wisconsin
County officials meet to canvass local election returns no later than the Tuesday after the election. Results must be transmitted to the state election commission no later than 14 days after the election. The state elections commission canvasses and certifies results on Dec 1st. The state canvass must conclude with 10 days after commencement. Board issues certificates of election after the period for requesting a recount has passed. (Wisconsin Statutes 7-60(3); 60(5)(a); 70(3)(a); 70(5)(a)) (also see Wisconsin 2022 Election Calendar).
A candidate may request a recount (candidate expense) if the difference in votes between the candidate and the leading candidate is not more than 1% of the total votes cast for the office (where more than 4,000 votes are cast). The petition must be filed no later than the 3rd business day, or in an election for president, no later than the 1st business day, after the state election commission receives the last statement from a county board of canvassers. The candidate must pay for the recount unless candidate is the leading candidate following the recount. (9.01)
Wyoming
County officials meet no later than Friday after the election to canvass local election returns. County officials transmit canvass results to the Secretary of State. The Governor, the Secretary of State, the State Auditor, and the State Treasurer no later than the 2nd Wednesday after the election to canvas and certify results. The Governor issues certificates of election. (Wyoming Statutes 22-16-103; 108; 118; 121) (also see Wyoming 2022 Election Calendar).
A recount takes place (automatic) when the difference in votes cast for the winning candidate receiving the least number of votes and 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 for the office. (22-16-109)
A candidate may request a recount no later than 2 days after the relevant canvass (state or county). The candidate must pay for the recount unless the recount changes the result of the election. (22-16-110; 113)
