Recount laws in Georgia
From Ballotpedia
|
| Election Information |
|---|
| 2024 election dates and deadlines |
| Voting in 2024 |
| Voter registration |
| Early voting |
| Absentee/mail-in voting |
| All-mail voting |
| Voter ID laws |
| State poll opening and closing times |
| Ballotpedia's Election Administration Legislation Tracker |
| Select a state from the menu below to learn more about its election administration. |
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.
Note: The content below describes recount procedures in Georgia. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Georgia.[1]
- Does state law require automatic recounts?
- No.
- When must an automatic recount be completed?
- There are no automatic recounts in this state.
- Can a recount be requested?
- Yes. Election officials, including the secretary of state, may request recounts under certain circumstances explained below. These recounts may be conducted before the certification of election results. A losing candidate may also request a recount if the margin is less than or equal to 0.5%. This threshold was set in 2019 following the passage of H.B. 319. There are no set deadlines for the completion of a candidate-requested recount.
- Who pays for a requested recount?
- State law does not specify who is responsible for costs associated with a requested recount but the secretary of state's office has indicated that the state covers all costs.[2]
- Is a refund available for requested recount costs?
- Not applicable. According to the Secretary of State, the state covers the cost of requested recounts.[3]
- Can a partial recount be requested?
- Yes.
Georgia recount procedures
Automatic recount procedures
Georgia does not require automatic recounts.
Requested recount procedures
Under Georgia law, recounts may be requested under the following conditions:[4]
- A candidate may request a recount within two business days following the certification of results if the margin between candidates is less than or equal to 0.5%. This threshold was set in 2019 following the passage of H.B. 319.
- An election official may order, at his or her discretion, a recount if it appears there is a discrepancy or error in the returns. In precincts using paper or scanned ballots, any candidate or political party may petition the election official to make such an order. In precincts using voting machines, any three electors of the precinct may do the same.
- For constitutional amendments and binding referendum questions, the Constitutional Amendment Publication Board may, at its discretion, request a recount if the margin is less than or equal to 0.5% within two business days following the certification of results.
- The Secretary of State may request a recount at his or her discretion if a candidate for federal or state office petitions the office regarding an apparent discrepancy or error in the returns.
State law specifies neither deadlines for completion nor who is responsible for requested recount costs. Citizens for Election Integrity Minnesota writes, "According to the Office of the Georgia Secretary of State, for recounts authorized under Title 21, the petitioners are not responsible for any of the costs incurred by election officials."[5]
For more information about recount procedures in Georgia, click here.
Georgia voting equipment
- See also: Voting methods and equipment by state
Georgia uses ballot marking devices for all voters. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the Election Assistance Commission, in a VVPAT system, "the voter can directly compare the electronic summary screen of the voting machine with the printed paper audit record" to verify their vote is counted correctly.[6][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 | N/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 | N/A | No | 9-445,6-311a |
| Delaware | State | N/A | Yes | 5702(C,E) |
| District of Columbia | Requester | Yes | Yes | 1-1001.11(a) |
| Florida | No requested recounts | N/A | No | 102.141,166 |
| Georgia | State | N/A | Yes | 21-2-495,499 |
| Hawaii | No requested recounts | N/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 | N/A | Yes | 54:135,A,B |
| Michigan | Requester | Yes | Yes | 168.879-894 |
| Minnesota | State/Requester Depends on margin |
N/A | Yes | 204C.35-361 |
| Mississippi | No requested recounts | N/A | No | N/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 | N/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 | N/A | No | 7-17-280 |
| South Dakota | State | N/A | Yes | 12-21-1 to 37 |
| Tennessee | No requested recounts | N/A | No | 2-17,18 |
| Texas | Requester | Yes | Yes | 211 to 216 |
| Utah | State/Requester Depends on requester[18] |
N/A | No | 20A-4-401 |
| Vermont | State | N/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) Georgia's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states, 2020
- Voting in Georgia
- Georgia
- Voting methods and equipment by state
Footnotes
- ↑ Justia, "GA Code § 21-2-495 (2019)," accessed October 16, 2020
- ↑ Center for Election Integrity Minnesota, "Georgia Recount Laws," accessed Oct. 19, 2020
- ↑ Center for Election Integrity Minnesota, "Georgia," accessed Oct. 16, 2020
- ↑ Justia, "GA Code § 21-2-495 (2019)," accessed Oct. 18, 2020
- ↑ Citizens for Election Integrity Minnesota, "Georgia," accessed Oct. 19, 2020
- ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 12, 2024
- ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines, Volume 1, Version 1.0" accessed April 12, 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.
