Recount laws in Vermont
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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.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Vermont.[1]
- Does state law require automatic recounts?
- Yes, in the event of a tie vote, state law requires election officials to request a recount except for ties in local elections.
- When must an automatic recount be completed?
- The deadline to make such a request is within seven days after the election. There is no set deadline for completion.
- Can a recount be requested?
- Yes, the recount can be requested within seven days after the election for offices and within ten days for local ballot measures. The required margins vary between office and election type, as described below. There is no 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 requested recounts.
- Can a partial recount be requested?
- No.
Vermont recount procedures
Automatic recount procedures
Vermont state law requires that the election officials request a recount in the event of a tie vote except for those in local elections. The recount must be requested within seven days after the election. There is no set deadline for the completion of such a recount.[2][3]
Requested recount procedures
Candidates may request a recount under the following circumstances:
- Federal, statewide, county, and state Senate offices: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 2% of all votes cast in the election divided by the number of persons to be elected.[4]
- State House: if the difference between the number of votes for the winning and the defeated candidate is less than or equal to 5% divided by the number of persons to be elected.[4]
- Local offices: if the difference between the number of votes cast for a winning and a defeated candidate is less than or equal to 5% of the total votes cast for all candidates for an office divided by the number of persons to be elected.[5]
The deadline to request a recount of these types is no later than seven days after the election.
Voters may request recounts for local ballot measures if the measure passed or failed by a margin less than or equal to 5% of the total votes cast on the measure. The number of voters required to request a recount varies based on the type of measure. The deadline to request a recount of this type is no later than ten days after the election.[6]
All requested recounts are paid for by the state.[7] There is no set deadline for the competition of a requested recount.
For more information about recount procedures in Vermont, click here.
Vermont voting equipment
- See also: Voting methods and equipment by state
Vermont uses paper ballots for its elections. To learn more about voting methods and equipment in Vermont and other states, see this article.[8]
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[11] | 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[12] | 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[13] | No | 115.601 | |||
Montana | State/Requester Depends on margin |
Maybe[14] | 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[15] |
Varies[16] | 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[17] | 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[18] | 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[19] |
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 Vermont'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
- Election recount laws and procedures in the 50 states, 2020
- Voting in Vermont
- Vermont
- Voting methods and equipment by state
Footnotes
- ↑ Vermont State Legislature, "17-51-2601,2602," accessed April 24, 2024
- ↑ Vermont State Legislature, "17 V.S.A. § 2592," accessed April 17, 2024
- ↑ Vermont State Legislature, "7 V.S.A. § 2602," accessed April 17, 2024
- ↑ 4.0 4.1 The Vermont Statutes Online, "§ 2601. Recount threshold," accessed April 24, 2024
- ↑ The Vermont Statutes Online, "§ 2683. Request for a recount; candidates," accessed April 24, 2024
- ↑ The Vermont Statutes Online, "§ 2688. Recount on question submitted," accessed April 24, 2024
- ↑ The Vermont Statutes Online, "§ 2602i. Costs," accessed April 24, 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.
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