Recount laws in Delaware

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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 Delaware. 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 Delaware.[1]

  • Does state law require automatic recounts?
    • Yes. Circumstances vary by office and election type described below. In general elections for state legislative and county-level offices, an automatic recount occurs when the margin is the lesser of 1,000 votes or 0.5% of votes cast. Recounts for statewide office must be requested if they fall within the same margins.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes. Circumstances vary by office and election type described below. A recount can be requested for statewide offices in the general election if the margin is the lesser of 1,000 votes or 0.5% of votes cast. The recount must be requested before the canvassing board adjourns. There is no set deadline for completion.
  • Who pays for a requested recount?
    • The state.
  • Is a refund available for requested recount costs?
    • Not applicable. The state covers the cost of recounts requested by candidates. State law does not mention the costs related to voter-requested school board/bond recounts.
  • Can a partial recount be requested?
    • Yes.

Delaware recount procedures

Automatic recount procedures

The requirements for automatic recounts vary by office and type of election:

State Senate, House, and county offices in a general election:

“

If the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative, or county office is less than 1,000 votes or 1/2 of 1% of all votes cast for the 2 candidates, whichever is less, the Court shall recount the ballots cast in that election at state expense. [2]

”
—Delaware Code § 5702

All candidate races in a primary election:

“

If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote. [2]

”
—Delaware Code § 3172

Municipal elections:

“

The municipal Board of Elections shall recount the ballots if the difference between the top 2 candidates is 1/2 of 1% or less than the total votes cast for the office. Where electors vote for more than 1 candidate for an office, the municipal Board of Elections shall recount the ballots if the difference between the last candidate elected and the next closest candidate is 1/2 of 1% or less than the total votes cast for the office. [2]

”
—Delaware Code § 7558

Requested recount procedures

The requirements for requested recounts vary by office and type of election:

Statewide offices in a general election:

“

Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense. The request for a recount under this subsection must be presented before the adjournment of the board of canvass for the election in question and any recount that takes place shall not extend beyond the petitioner’s contest. [2]

”
—Delaware Code § 5702

Requested recounts of this type are paid for by the state.

School board, tax levies, and school bond elections:

“

25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 of this title was less than 10 votes or 1/2 of 1 percent of the total vote whichever is larger. The petition shall contain the printed name, signature and the voting location of each petitioner. The recompilation shall be conducted no later than 5 business days after the verification of the petition. [2]

”
—Delaware Code § 1083

Costs for requested recounts of this type are not mentioned in state law.

Use the following links for more information about Delaware's recount procedures in general, primary, municipal, and school board/bond elections.

Delaware voting equipment

See also: Voting methods and equipment by state

Delaware uses Direct Recording Electronic (DRE) systems for its elections. 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.[3][4]


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.


State legislation

The table below lists bills related to recounts introduced during, or carried over to Delaware'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

Footnotes

  1. ↑ The Delaware Code Online, "§ 5702 Duties of Court," accessed April 10, 2024
  2. ↑ 2.0 2.1 2.2 2.3 2.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 10, 2024
  4. ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines, Volume 1, Version 1.0" accessed April 10, 2024
  5. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed March 19, 2024
  6. ↑ A court may order a recount under Arizona law.
  7. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  8. ↑ 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.
  9. ↑ 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.
  10. ↑ 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.
  11. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  12. ↑ 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.
  13. ↑ No mention in state law.
  14. ↑ No mention in state law.
  15. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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