Recount laws in Ohio
|
Select a state from the menu below to learn more about its election administration. |
Election recount procedures are adopted and implemented primarily at the state level. These procedures, along with other election policies, are sometimes the subject of debate and reform efforts, given the complexity of these policies and the high-stakes nature of partisan politics.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Ohio.[1]
- Does state law require automatic recounts?
- Yes, when the margin is less than or equal to 0.25% for statewide races and 0.5% for district, county, and municipal races.
- When must an automatic recount be completed?
- Within 10 days after the recount is ordered. For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College.
- Can a recount be requested?
- Yes, the recount can be requested within five days after official results are certified. The deadline for completion is within 10 days of the request. For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College. No margin is required.
- 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. If the percentage in a precinct changes by 4% or more, the cost of recounting any such precinct will be refunded.
- Can a partial recount be requested?
- Yes.
Ohio recount procedures
Automatic recount procedures
Ohio requires automatic recounts under the following circumstances for candidates and ballot measures:[2]
- County, municipal, and district elections: if the margin between the winning candidate and the next closest candidate is less than or equal to 0.5% of the total vote.
- Statewide elections: if the margin between the winning candidate and the next closes candidate is less than or equal to 0.25% of the total vote.
The deadline for the completion of an automatic recount is no later than ten days after the recount was ordered.[3] For presidential general elections, the recount must be completed no later than six days before the meeting of the Electoral College.[4]
Requested recount procedures
Any candidate who received votes in an election but was not the winner may request a recount. A group of five or more registered voters may request a recount of any ballot measure.[5]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in the requester's favor, in which case costs are refunded. If the recount changed the results in a precinct by 4% or more in favor of the requester, the cost of the recount in any such precinct is refunded to the requester even if the overall recount did not change the election outcome.[6]
The deadline to request a recount is no later than five days after the declaration of results.[7] The deadline for the completion of a requested recount is no later than ten days after the date the request was made except for in the case of a requested presidential recount, which must be completed no later than six days before the meeting of the Electoral College.[3][4]
For more information about recount procedures in Ohio, click here.
Ohio voting equipment
- See also: Voting methods and equipment by state
Ohio uses paper and Direct Recording Electronic (DRE) ballot systems for its elections. The state requires a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[8][9]
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[12] | 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[13] | 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[14] | No | 115.601 | |||
Montana | State/Requester Depends on margin |
Maybe[15] | 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[16] |
Varies[17] | 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[18] | 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[19] | 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[20] |
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) Ohio's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in Ohio
- Ohio
- Voting methods and equipment by state
Footnotes
- ↑ Ohio Revised Codes, "3515.01-072," accessed April 15, 2024
- ↑ Ohio Revised Codes, "3515.011," accessed April 15, 2024
- ↑ 3.0 3.1 Ohio Revised Codes, "3515.03," accessed April 15, 2024
- ↑ 4.0 4.1 Ohio Revised Codes, "3515.041," accessed April 15, 2024
- ↑ Ohio Revised Codes, "3515.01," accessed April 15, 2024
- ↑ Ohio Revised Statutes, "3515.07," accessed April 15, 2024
- ↑ Ohio Revised Statutes, "3515.02," accessed April 15, 2024
- ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 10, 2024
- ↑ ProCon.org, "Are Electronic Voting Machines the Best Method for Voting? " accessed April 10, 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.
|