Election recount

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An election recount is a repeat tabulation of votes cast in an election that is used to determine the correctness of an initial count. Recounts will often take place if the initial vote tally during an election is extremely close. Election recounts will often result in changes in contest tallies. Errors can be found or introduced from human factors, such as transcription errors, or machine errors, such as misreads of paper ballots.

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Australia

Australian elections use instant-runoff voting and single transferable vote at the federal level to determine representatives for the House of Representatives and the Senate respectively. Tabulating votes for both houses involves automatic recounts known as "fresh scrutiny." For the House, this process occurs the Monday after a general election. [1] The process in the Senate occurs shortly after the election, but only first preferences are recounted. A voter's full preferences for the Senate are not counted until after fresh scrutiny occurs. [2] Candidates for either house may also request recounts, though such a request may be refused by the Electoral Commission. [3]

Similar processes occur at the state and territorial level. [4] As in federal elections, candidates may request recounts subject to the discretion of electoral authorities. [5]

Canada

Recounts in Canadian elections are known as "judicial recounts" because a superior court judge oversees them. In federal elections, tied elections or races with a difference of 0.1% result in automatic recounts. Electors (including candidates) may also petition for recounts within four days of the final vote count under certain conditions. [6] Each province and territory has its own regulations regarding provincial or territorial elections.

Rules for election recounts in Canadian provinces and territories
Province/TerritoryAutomaticRequested
Flag of Alberta.svg  Alberta When difference is less than 100 votes [7] Within eight days of the final tally [7]
Flag of British Columbia.svg  British Columbia When difference is less than 0.2% (1/500th of ballots considered) [8] Within six days of the final tally [8]
Flag of Manitoba.svg  Manitoba When difference is less than 50 votes [9] Within six days of the final tally [9]
Flag of New Brunswick.svg  New Brunswick NoneWithin four days of the final tally [10]
Flag of Newfoundland and Labrador.svg  Newfoundland and Labrador When tied [11] Within ten days of the final tally [11]
Flag of the Northwest Territories.svg  Northwest Territories When difference is less than 2% [12] Within five "business days" of the final tally [12]
Flag of Nova Scotia.svg  Nova Scotia When difference is less than 10 votes [13] Within four days of the final tally [13]
Flag of Nunavut.svg  Nunavut When difference is less than 2% [14] Within eight days of the final tally [15]
Flag of Ontario.svg  Ontario When difference is less than 25 votes [16] Within seven days of the final tally [16]
Flag of Prince Edward Island.svg  Prince Edward Island When difference is less than 10 votes (or 15 votes at the request of a candidate) [17] Within five days of the final tally [17]
Flag of Quebec.svg  Quebec NoneWithin four days of the final tally, if difference is less than 0.1% (1/1000 of votes cast) [18]
Flag of Saskatchewan.svg  Saskatchewan When difference is less than the number of unopened ballots [19] Within ten days of the final tally [19]
Flag of Yukon.svg  Yukon When difference is less than 10 votes [20] Within six days of the final tally [20]

Ireland

In Irish presidential elections, recounts occur only at the approval of the High Court. Candidates or the Director of Public Prosecutions may petition for a recount within seven days of the election. In the event of a recount, the High Court's decision is final. [21] An identical process is available for elections to the Oireachtas. [22]

New Zealand

New Zealand uses a mixed-member proportional representation system for elections to its Parliament. As in Australia, an official count takes place shortly after the election day involving a recount of all of the ballots in electorates. Judicial recounts are also available in electorate and party list races. [23] No threshold is needed for a recount to occur. [24]

United States

In the United States recounts rarely reverse election results. Of the 4,687 statewide general elections held from 2000 to 2015, 27 were followed by a recount, and only three resulted in a change of outcome from the original count: 2004 Washington gubernatorial election, 2006 Vermont Auditor of Accounts election, and 2008 United States Senate election in Minnesota. [25] Recounts are conducted at the state level rather than the federal level, even for federal offices.

Recount methods

Recounting optical-scan ballots by hand in the United States Senate election in Minnesota, 2008. 2008recountMN.JPG
Recounting optical-scan ballots by hand in the United States Senate election in Minnesota, 2008.

Machine recount

A machine recount is a retabulation of ballots cast during the election. This can be done using an optical scan voting system, punched card system or direct-recording electronic (DRE) voting machine. With document-based Ballot Voting Systems, ballots are counted a second time by some form of machine. With Non-document-based Ballot Voting Systems officials will recollect vote data from each voting machine which will be combined by a central tabulation system.

Manual recount

A manual or "hand" recount involves each individual physical representation of voter intent being reviewed for voter intent by one or more individuals.

With DRE voting machines, a voter-verified paper audit trail (VVPAT) is examined from each voter. For some DREs that do not generate a VVPAT, images can be printed for each ballot cast and counted individually.[ clarification needed ]

Recounts can be mandatory or optional. In some jurisdictions, recounts are mandatory in the event the difference between the top two candidates is less than a percentage of votes cast or of a fixed number. [26] Mandatory recounts are paid for by the elections official, or the state. Mandatory recounts can usually be waived by the apparent losing candidate. The winning side will usually encourage the loser to waive the recount in a show of unity and to avoid spending taxpayer money.

Each jurisdiction has different criteria for optional recounts. Some areas permit recounts for any office or measure, while others require that the margin of victory be less than a certain percentage before a recount is allowed. In all instances, optional recounts are paid for by the candidate, their political party, or, in some instances, by any interested voter. The person paying for the recount has the option to stop the recount at any time. If the recount reverses the election, the jurisdiction will then pay for the recount.

Rules for election recounts in U.S. states
StateAutomaticRequested
Flag of Alabama.svg  Alabama When difference is less than 0.5%Available to both candidates and voters; an election contest must be filed if the recount changes the result
Flag of Alaska.svg  Alaska When tiedAvailable to both candidates and voters
Flag of Arizona.svg  Arizona When difference is less than 0.1% [27] Not available [27]
Flag of Arkansas.svg  Arkansas NoneAvailable; the election commission may also initiate a recount
Flag of California.svg  California NoneAvailable to voters; the governor may initiate a recount if difference is less than 1,000 votes or 0.1%
Flag of Colorado.svg  Colorado When difference is less than 0.5%Available
Flag of Connecticut.svg  Connecticut When difference is less than 20 votes or less than 2000 votes when said difference is less than 0.5%Available; election officials may initiate recounts
Flag of Delaware.svg  Delaware When difference is less than 1,000 votes or less than 0.5% (whichever is smaller) (municipal elections - only if difference is less than 0.5%)Available, if difference is less than 1,000 votes or less than 0.5% (whichever is smaller); voters can initiate in school board elections only
Flag of Florida.svg  Florida When difference is less than 0.5%Available
Flag of Georgia (U.S. state).svg  Georgia None [27] Available, if difference is less than 0.5% [27]
Flag of Hawaii.svg  Hawaii NoneAvailable through the Supreme Court
Flag of Idaho.svg  Idaho NoneAvailable, if difference is less than 0.1% or 5 votes (whichever is larger)
Flag of Illinois.svg  Illinois NoneAvailable, if difference is less than 5% (non-binding unless court-ordered); voters can initiate on ballot measures only
Flag of Indiana.svg  Indiana NoneAvailable
Flag of Iowa.svg  Iowa NoneAvailable, if difference is less than 1% or 50 votes (whichever is larger)
Flag of Kansas.svg  Kansas NoneAvailable, if difference is less than 0.5%
Flag of Kentucky.svg  Kentucky NoneAvailable, unless an election for Governor, Lieutenant Governor, or General Assembly member
Flag of Louisiana.svg  Louisiana NoneAvailable, if difference is less than the total number of absentee and early ballots
Flag of Maine.svg  Maine NoneAvailable, if difference is less than 1.5% (legislative races) or less than 1% or 1,000 votes (whichever is smaller) (statewide races)
Flag of Maryland.svg  Maryland NoneAvailable, if difference is less than 0.1%
Flag of Massachusetts.svg  Massachusetts NoneAvailable, if difference is less than 0.5%
Flag of Michigan.svg  Michigan When difference is less than 2000 votes [27] Available [27]
Flag of Minnesota.svg  Minnesota NoneAvailable, if difference is less than 0.25% (federal, statewide, and judicial races) or less than 0.5% (legislative races) or less than 10 votes (when total number is less than 400 votes)
Flag of Mississippi.svg  Mississippi NoneNot available
Flag of Missouri.svg  Missouri NoneAvailable, if difference is less than 0.5% (state and federal races) or less than 1% (local races)
Flag of Montana.svg  Montana When tiedAvailable, if difference less than 0.25%; state pays costs
Flag of Nebraska.svg  Nebraska When difference is less than 1% (if more than 500 total votes) or less than 2% (if 500 total votes or less)Available
Flag of Nevada.svg  Nevada None [27] Available [27]
Flag of New Hampshire.svg  New Hampshire NoneAvailable, if difference is less than 20%
Flag of New Jersey.svg  New Jersey NoneAvailable
Flag of New Mexico.svg  New Mexico When difference is less than 0.25% (federal and statewide races) or less than 0.5% (judicial races and certain local races) or less than 1% (all other races)Available (voters may initiate only under the Liquor Control Act)
Flag of New York.svg  New York When difference is less than 20 votes or less than 0.5% or less than 5,000 votes (if more than 1 million votes)Available for local races only
Flag of North Carolina.svg  North Carolina NoneAvailable, if difference is less than 0.5% or less than 10,000 votes (whichever is less) (statewide races) or less than 1% (all other races)
Flag of North Dakota.svg  North Dakota When difference is less than 1% (primaries) or less than 0.5% (general elections)Available, if difference is less than 2%
Flag of Ohio.svg  Ohio When difference is less than 0.25% (statewide races) or less than 0.5% (all other races)Available
Flag of Oklahoma.svg  Oklahoma NoneAvailable
Flag of Oregon.svg  Oregon When difference is less than 0.2%Available
Flag of Pennsylvania.svg  Pennsylvania When difference is less than 0.5% [27] Available [27]
Flag of Rhode Island.svg  Rhode Island NoneAvailable (margin dependent on total number of votes cast) [28]
Flag of South Carolina.svg  South Carolina When difference is less than 1%Not available
Flag of South Dakota.svg  South Dakota When tiedAvailable, if difference is less than 0.25% (statewide races) or less than 2% (all other races)
Flag of Tennessee.svg  Tennessee NoneAvailable by court order only
Flag of Texas.svg  Texas When tiedAvailable, if difference is less than 10%
Flag of Utah.svg  Utah NoneAvailable, if difference less than 0.25% or if difference is only one (when <400 total votes were cast)
Flag of Vermont.svg  Vermont When tiedAvailable, if difference is less than 2% or less than 5% (municipal and state representative races)
Flag of Virginia.svg  Virginia NoneAvailable, if difference is less than 1%; if difference is less than 0.5%, state pays costs
Flag of Washington.svg  Washington When difference is less than 2,000 votes or less than 0.5%Available
Flag of West Virginia.svg  West Virginia NoneAvailable
Flag of Wisconsin.svg  Wisconsin None [27] Available; if difference is less than 0.25%, state pays costs [27]
Flag of Wyoming.svg  Wyoming When difference is less than 1%Available

Source: [29]

Notable recounts

United Kingdom

More than one recount is allowed if a candidate or their agent requests one and the returning officer deems it appropriate. [33] It is possible for a defeated candidate denied a recount by the Returning Officer, to request one from the court by means of an election petition. There are several cases where a Parliamentary election has been the subject of a court-ordered recount.

See also

Related Research Articles

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The electoral system of Australia comprises the laws and processes used for the election of members of the Australian Parliament and is governed primarily by the Commonwealth Electoral Act 1918. The system presently has a number of distinctive features including compulsory enrolment; compulsory voting; majority-preferential instant-runoff voting in single-member seats to elect the lower house, the House of Representatives; and the use of the single transferable vote proportional representation system to elect the upper house, the Senate.

Electronic voting is voting that uses electronic means to either aid or take care of casting and counting ballots including voting time.

Electoral fraud, sometimes referred to as election manipulation, voter fraud, or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of rival candidates, or both. It differs from but often goes hand-in-hand with voter suppression. What exactly constitutes electoral fraud varies from country to country, though the goal is often election subversion.

<span class="mw-page-title-main">Australian Electoral Commission</span> Agency responsible for federal elections in Australia

The Australian Electoral Commission (AEC) is the independent statutory authority and agency of the Australian Government responsible for the management of federal Australian elections, by-elections and referendums.

An electronic voting machine is a voting machine based on electronics. Two main technologies exist: optical scanning and direct recording (DRE).

Vote counting is the process of counting votes in an election. It can be done manually or by machines. In the United States, the compilation of election returns and validation of the outcome that forms the basis of the official results is called canvassing.

In the election of the United States held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.

Voter verifiable paper audit trail (VVPAT) or verified paper record (VPR) is a method of providing feedback to voters who use an electronic voting system. A VVPAT allows voters to verify that their vote was cast correctly, to detect possible election fraud or malfunction, and to provide a means to audit the stored electronic results. It contains the name and party affiliation of candidates for whom the vote has been cast. While VVPAT has gained in use in the United States compared with ballotless voting systems without it, hand-marked ballots are used by a greater proportion of jurisdictions.

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<span class="mw-page-title-main">Spoilt vote</span> Ballot that is invalid and not counted

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<span class="mw-page-title-main">Court of Disputed Returns (Australia)</span> Special electoral jurisdiction of the High Court of Australia

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Electronic voting by country varies and may include voting machines in polling places, centralized tallying of paper ballots, and internet voting. Many countries use centralized tallying. Some also use electronic voting machines in polling places. Very few use internet voting. Several countries have tried electronic approaches and stopped because of difficulties or concerns about security and reliability.

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On 5 April 2014, an Australian Senate special election in Western Australia was held. The special election was held six months after the 2013 Australian federal election. The result of that 2013 election for the Australian Senate in Western Australia was voided on 20 February 2014 by the High Court of Australia, sitting as the Court of Disputed Returns, because 1,375 ballot papers were lost during an official recount in November 2013. The High Court ruled that because the number of lost ballots exceeded the margin for the two remaining Senate seats, the only acceptable remedy was to void the results and hold a special election.

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<span class="mw-page-title-main">Election audit</span>

An election audit is any review conducted after polls close for the purpose of determining whether the votes were counted accurately or whether proper procedures were followed, or both.

References

  1. Australian Electoral Commission (August 25, 2021). "House of Representatives count". Australian Electoral Commission. Retrieved June 11, 2022.
  2. Australian Electoral Commission (August 25, 2021). "The Senate counting process". Australian Electoral Commission. Retrieved June 11, 2022.
  3. Commonwealth Electoral Act 1918 (Cth) s 278 and 279
  4. Elections ACT (July 30, 2020). "Scanning of ballot papers". Elections ACT. Retrieved June 11, 2022.
  5. Electoral Act 1992 (ACT) s 187A
  6. Elections Canada (August 2019). "Results, Validation, Recounts, and Contested Elections: What Happens After Voting in a Federal Election". Elections Canada. Retrieved June 11, 2022.
  7. 1 2 Election Act , R.S.A. 2000, c. E-1, s. 144
  8. 1 2 Election Act , RSBC 1996, c. 106, s. 139
  9. 1 2 Elections Act , C.C.S.M. 2006, c. E30, s. 165
  10. Elections NB (7 February 2014). "Prospective Candidates Information". Elections NB. Retrieved June 11, 2022.
  11. 1 2 Elections Act, 1991 , SNL 1992, c. E-3.1, s. 157, 165
  12. 1 2 Elections and Plebiscites Act , SNWT 2006, c. 15, Div. F
  13. 1 2 Elections Nova Scotia Candidates' Handbook (non-financial) (PDF). Halifax: Chief Electoral Officer. June 2021. p. 38.
  14. Guide for Candidates To elect Members of the Nunavut Legislative Assembly (PDF). Rankin Inlet: Elections Nunavut. 2021. p. 29.
  15. Nunavut Elections Act , C.S.Nu. 2003, c. N-60, s. 141
  16. 1 2 Candidate's Guide (PDF). Toronto: Elections Ontario. 2021. p. 16.
  17. 1 2 Election Act (PDF) (Act). Prince Edward Island Legislative Assembly. 2022. pp. 56–57.
  18. Election Act , R.S.Q. 2022, c. E-3.3, Div. V
  19. 1 2 Elections Act , S.S. 1996, c. E-6.01, s. 155, 156
  20. 1 2 Elections Act , RSY 2002, c. 63, s. 280, 286
  21. Department of Housing, Local Government and Heritage (January 29, 2016). How the President is Elected (PDF). Dublin: Government of Ireland. pp. 10–11.
  22. Electoral Act 1923 , 3rd Sch.: Proportional Representation Election Rules ( No. 12 of 1923, 3rd Sch. ). Act of the Oireachtas .Retrieved from Irish Statute Book .
  23. Scrutineer Handbook - By-Elections (PDF). Wellington: New Zealand Electoral Commission. 2022. pp. 11–12.
  24. Electoral Act (87, Section 180). New Zealand Parliament. 1993.
  25. Bialik, Carl (2016-11-27). "Recounts Rarely Reverse Election Results". FiveThirtyEight. Retrieved 2019-11-07.
  26. "Automatic Recounts". National Conference of State Legislatures. October 26, 2016. Retrieved November 9, 2016.
  27. 1 2 3 4 5 6 7 8 9 10 11 12 "Recounts: What are the rules in key contested states?". www.aljazeera.com.
  28. Rhode Island Board of Elections (2020). Guide to Election Recounts (PDF). Cranston: Rhode Island Board of Elections. p. 3.
  29. "State Recount Laws Searchable Database". Citizens for Election Integrity Minnesota. Citizens for Election Integrity Minnesota. Retrieved June 21, 2022.
  30. Vozzella, Laura (November 25, 2013). "Herring wins Virginia attorney general race, elections board announces" via www.washingtonpost.com.
  31. See http://www.gregpalast.com/ for an investigative journalist's report of what the "recount" uncovered.
  32. "Clinton campaign counsel: We'll participate in recount". www.msn.com. Retrieved 26 November 2016.
  33. "Part E – Verifying and counting the votes" (PDF). UK Parliamentary elections in Great Britain on guidance for (Acting) Returning Officers. The Electoral Commission. November 2018. Archived from the original (PDF) on 2019-12-04. Retrieved 2019-11-15.