Recount laws in Massachusetts
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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.
Note: The content below describes recount procedures in Massachusetts. 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 Massachusetts.[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, the recount can be requested within 10 days after the general election. Request deadlines vary for primary election recounts. For statewide and district-wide offices and ballot measures, the required margin to request a recount is less than or equal to 0.5% of the total votes cast. The deadline for completion is after the official vote tabulation.
- Who pays for a requested recount?
- The state.
- Is a refund available for requested recount costs?
- Not applicable. The state covers the cost of requested recounts.
- Can a partial recount be requested?
- Yes.
Massachusetts recount procedures
Automatic recount procedures
Massachusetts does not require automatic recounts.
Requested recount procedures
The requirements for requested recounts varies by race and office type.
- In statewide and district-wide races, candidates can request a recount only if the margin of victory is less than or equal to 0.5% of all votes cast for the office.
- For statewide offices, a recount request must be accompanied by signatures from at least 1,000 registered voters.
- For district-wide offices, a request must be accompanied by a number of registered voters equal to one-fourth of the number of nominating signatures required for state primary candidates.
- No close vote margin is required to request the recount of a municipal office. The signature requirements for municipal candidates can be found on page four of this manual.
The state covers the cost of the recount. For statewide and local offices, the deadline to request a recount is by 5:00 p.m. within six days after a primary. For district-wide offices, the deadline is by 5:00 p.m. within three days of the primary. For all elections, the deadline is by 5:00 p.m. within ten days after a general election.
The statewide, district-wide, and local margin, signature, and timing requirements apply to voters requesting a recount of statewide, district-wide, and local ballot measures, respectively.
For more information about recount procedures in Massachusetts, click here.
Massachusetts voting equipment
- See also: Voting methods and equipment by state
Massachusetts uses paper ballot systems for its elections.[2]
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[5] | 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[6] | 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[7] | No | 115.601 |
| Montana | State/Requester Depends on margin |
Maybe[8] | 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[9] |
Varies[10] | 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[11] | 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[12] | 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[13] |
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) Massachusetts' 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
- Voting in Massachusetts
- Massachusetts
- Voting methods and equipment by state
Footnotes
- ↑ Massachusetts State Legislature, "Section 135: Petition for recount; filing; contents; examination; recounts; notice; amendment of records," accessed April 17, 2024
- ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 17, 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.
