Recount laws in West Virginia

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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 West Virginia. 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 West Virginia.[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 48 hours of the county canvass. 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 changes the election outcome.
  • Can a partial recount be requested?
    • Yes.

West Virginia recount procedures

Automatic recount procedures

West Virginia does not require automatic recounts.

Requested recount procedures

Any candidate may request a recount of his or her race. Any voter may request a recount of ballot measure results so long as they are a voter in the jurisdiction where the measure appeared on the ballot. The deadline to request a recount is no later than 48 hours after the canvass, excluding weekends and legal holidays. The requester is responsible for costs associated with the recount unless the recount changes the outcome of the election, in which case the requester is refunded. State law does not specify a deadline for the completion of a requested recount.[1]

For more information about recount procedures in West Virginia, click here.

West Virginia voting equipment

See also: Voting methods and equipment by state

West Virginia uses paper and Direct Recording Electronic (DRE) systems for its elections. The state does 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.[2][3]

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 West Virginia'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. ↑ 1.0 1.1 West Virginia Secretary of State, "Best Practices Guide for Recounts" accessed April 18, 2024
  2. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 18, 2024
  3. ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines, Volume 1, Version 1.0" accessed April 18, 2024
  4. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed March 19, 2024
  5. ↑ A court may order a recount under Arizona law.
  6. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  7. ↑ 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.
  8. ↑ 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.
  9. ↑ 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.
  10. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  11. ↑ 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.
  12. ↑ No mention in state law.
  13. ↑ No mention in state law.
  14. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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