Recount laws in Pennsylvania

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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 Pennsylvania. 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 Pennsylvania.[1]

  • Does state law require automatic recounts?
    • Yes, when the margin for a statewide office or ballot measure is less than or equal to 0.5% of the total vote. An automatic recount may be required in the event of certain discrepancies described below.
  • When must an automatic recount be completed?
    • No later than the first Tuesday after the third Wednesday following the election.
  • Can a recount be requested?
    • Yes, the recount can be requested within five days of the election or within five days after the computational canvass if requested through the court of common pleas. 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 reveals substantial error or fraud.
  • Can a partial recount be requested?
    • Yes.

Pennsylvania recount procedures

Automatic recount procedures

Pennsylvania requires automatic recounts if the margin of victory for a statewide office or ballot question appearing on the ballot in every election district is less than or equal to 0.5% of all votes cast for the office or ballot measure.[2] Such a recount must be ordered by the secretary of state no later than 5:00 p.m. on the second Thursday following the election. The recount shall begin no later than the third Wednesday following the election and must be completed no later than 12:00 p.m. on the following Tuesday.[2]

Election officials may be required to conduct an automatic recount in the event of certain discrepancies described here.[3]

Requested recount procedures

Three voters of an election district may request a recount in the county of their election district by submitting an affidavit alleging errors in the vote totals. The deadline to request such a recount is no later than five days after the election.[2] Three voters of an election district may also request a recount through the court of common pleas.[4] In order to conduct the recount in multiple election districts, requests must be made in each respective district following these guidelines.[4] The deadline to request such a recount is no later than five days after the completion of computational canvassing. If error or fraud is found, an additional five days is provided to make additional requests elsewhere.[5] Requesters are responsible for costs associated with the recount unless the recount shows that fraud or substantial error occurred, in which case the costs are refunded.[4] There is no set deadline for the completion of requested recounts.

More information about recount procedures in Pennsylvania can be found here and here.

Pennsylvania voting equipment

See also: Voting methods and equipment by state

Pennsylvania uses paper and Direct Recording Electronic (DRE) systems for its elections.[6] 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.


State legislation

The table below lists bills related to recounts introduced during, or carried over to Pennsylvania'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. ↑ WestLaw, "Chapter 14. Election Code," accessed April 12, 2024
  2. ↑ 2.0 2.1 2.2 WestLaw, "25 P.S. § 3154," accessed April 12, 2024
  3. ↑ Specifically, subsections (b), (d)(1) & (5), (d)(4), and (e)
  4. ↑ 4.0 4.1 4.2 WestLaw, "25 P.S. § 3261," accessed April 12, 2024
  5. ↑ WestLaw, "25 P.S. § 3263," accessed April 12, 2024
  6. ↑ 6.0 6.1 Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 12, 2024 Cite error: Invalid <ref> tag; name "vvchart" defined multiple times with different content
  7. ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines, Volume 1, Version 1.0" accessed April 12, 2024
  8. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed March 19, 2024
  9. ↑ A court may order a recount under Arizona law.
  10. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  11. ↑ 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.
  12. ↑ 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.
  13. ↑ 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.
  14. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  15. ↑ 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.
  16. ↑ No mention in state law.
  17. ↑ No mention in state law.
  18. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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