Recount laws in Washington
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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Washington.[1]
- Does state law require automatic recounts?
- Yes. A machine recount occurs when the margin is less than 2,000 votes and less than 0.5% total votes cast for the top two candidates. Smaller margins described below necessitate manual recounts. An automatic recount is also required if a partial recount changes an election outcome.
- When must an automatic recount be completed?
- No set deadline.
- Can a recount be requested?
- Yes, the recount can be requested within two days of certification. No margin is required and there is no set deadline for completion.
- Who pays for a requested recount?
- The requester.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if the recount changes the election outcome. In the event that a recount does not change the election outcome, a requester might receive a refund if the amount paid was greater than the actual cost of the recount.
- Can a partial recount be requested?
- Yes.
Washington recount procedures
Automatic recount procedures
Washington requires an automatic machine recount under the following circumstances:
- For any election: if the number of votes cast for the closest defeated candidate is less than 2,000 and less than 0.5% of the total number of votes cast for both candidates.
A manual recount is required for narrower margins:
- For statewide elections: if the difference in the number of votes cast for the apparent winner and the closest defeated candidate is less than 1,000 votes and less than 0.25% of the total number of votes cast for both candidates.
- For non-statewide elections: if the difference in the number of votes cast for the apparent winner and the closest defeated candidates is less than 150 votes and less than 0.25% of the total number of votes cast for both candidates.
A full recount is also automatically required if a requested partial recount changes an election outcome.[2]
These requirements are the same for elections featuring candidates and those regarding statewide ballot measures. They do not apply to state advisory votes or local ballot measures.[3] State law does not specify a deadline for the completion of an automatic recount.
Requested recount procedures
Washington allows requested recounts using the following guidelines:
" | An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
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—RCW 29A.64.011 |
The requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. A requester may also receive a refund if the amount paid for the recount is greater than the actual cost of the recount.[5] The deadline to request a recount is within two business days after the election canvass.[6] State law does not specify a deadline for the completion of a requested recount.
For more information about recount procedures in Washington, click here.
Washington voting equipment
- See also: Voting methods and equipment by state
Washington conducts elections by mail, establishing a paper record of votes cast.[7]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
As of July 2024, state law in 48 states included a recount provision, automatic recounts are possible in 27 states, and requested recounts are possible in 43 states.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
As of July 2024, the requester of a recount pays for the recount in 23 states, the state pays in six states, and in 12 states it depends on the circumstances of the election or the recount. In 27 states a refund may be available for a requested recount, in 12 states a refund depends on the circumstances of the recount, and in four states no refund is available. Requested recounts are not possible in the remaining seven states. In 28 states a partial recount may be requested.
Who pays for requested recounts? | |||||||
---|---|---|---|---|---|---|---|
State[10] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation | |||
Alabama | Requester | Yes | Yes | 16-20,21 | |||
Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 | |||
Arizona | No requested recounts | K.A. | No | 16-661,249 | |||
Arkansas | Requester | Yes | No | 7-5-319 | |||
California | Requester | Yes | Yes | 15620-15634 | |||
Colorado | Requester | Yes | No | 10.5-101-109 | |||
Connecticut | No requested recounts | K.A. | No | 9-445,6-311a | |||
Delaware | State | K.A. | Yes | 5702(C,E) | |||
District of Columbia | Requester | Yes | Yes | 1-1001.11(a) | |||
Florida | No requested recounts | K.A. | No | 102.141,166 | |||
Georgien | State | K.A. | Yes | 21-2-495,499 | |||
Hawaii | No requested recounts | K.A. | No | 11-158 | |||
Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 | |||
Illinois | Requester | Maybe[11] | Yes | 5/22-9.1, 18 | |||
Indiana | Requester | Yes | Yes | 3-12-11-1-10 | |||
Iowa | State/Requester Depends on margin |
Yes | Yes | 43.56 & 50.48 | |||
Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 | |||
Kentucky | Requester | No | Yes | 120.017,095,185,250,280 | |||
Louisiana | Requester | Yes | Yes | 18-1451 & 1453 | |||
Maine | State/Requester Depends on margin |
Yes | No | 737-A | |||
Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 | |||
Massachusetts | State | K.A. | Yes | 54:135,A,B | |||
Michigan | Requester | Yes | Yes | 168.879-894 | |||
Minnesota | State/Requester Depends on margin |
K.A. | Yes | 204C.35-361 | |||
Mississippi | No requested recounts | K.A. | No | K.A. | |||
Missouri | Requester | Maybe[12] | No | 115.601 | |||
Montana | State/Requester Depends on margin |
Maybe[13] | No | 13-16-201-11 | |||
Nebraska | Requester | Yes | Yes | 32-1119,1121 | |||
Nevada | Requester | Yes | No | 293.403-405 | |||
New Hampshire | State/Requester Depends on election type[14] |
Varies[15] | No | 660:1-16 | |||
New Jersey | Requester | Yes | Yes | 19:28-1,2,3 | |||
New Mexico | Requester | Yes | Yes | 1-14-14 to 25 | |||
New York | Unclear[16] | No | No | 9-208 | |||
North Carolina | State | K.A. | No | 163-182.7,182.7A | |||
North Dakota | Requester | No | No | 16.1-16-01 | |||
Ohio | Requester | Yes | Yes | 3515.01-072 | |||
Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 | |||
Oregon | Requester | Yes | Yes | 258.006-300 | |||
Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 | |||
Rhode Island | Unclear[17] | No | No | 17-19-37.1 | |||
South Carolina | No requested recounts | K.A. | No | 7-17-280 | |||
South Dakota | State | K.A. | Yes | 12-21-1 to 37 | |||
Tennessee | No requested recounts | K.A. | No | 2-17,18 | |||
Texas | Requester | Yes | Yes | 211 to 216 | |||
Utah | State/Requester Depends on requester[18] |
K.A. | No | 20A-4-401 | |||
Vermont | State | K.A. | No | 17-51-2601,2602 | |||
Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 | |||
Washington | Requester | Yes | Yes | 29A.64 | |||
West Virginia | Requester | Yes | Yes | 3-6-9 | |||
Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01 & 5.90 | |||
Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during, or carried over to Washington's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official name or caption
- Most recent action date
- Legislative status
- Topics dealt with by the bill
Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.
See also
- Election recount laws and procedures in the 50 states
- Voting in Washington
- Washington
- Voting methods and equipment by state
Footnotes
- ↑ Washington State Legislature, "29A.64," accessed April 2, 2024
- ↑ Washington State Legislature, "RCW 29A.64.050," accessed April 2, 2024
- ↑ Washington Secretary of State, "Recount Elections," accessed April 2, 2024
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Washington State Legislature, "RCW 29A.64.081," accessed April 2, 2024
- ↑ Washington State Legislature, "29A.64.011," accessed April 2, 2024
- ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 2, 2024
- ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed March 19, 2024
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
- ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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