Here is a look at recount laws in the last key states in the presidential race between President Donald Trump and Joe Biden.
Voters stand in line to cast their ballots on Election Day in Scottsdale, Ariz. Dominic Valente / for NBC News
Nov. 5, 2020, 6:37 PM UTC / Updated Nov. 5, 2020, 7:16 PM UTC By NBC NewsHere is a look at recount laws in key states as the race between President Donald Trump and Democratic challenger Joe Biden came down to the wire:
Recount law: Yes
Does state law mandate recounts?: Yes.
Under what circumstances?: Less than or equal to the lesser of: .1 percent margin of votes cast for both candidates or 200 or fewer votes for state elections or initiatives or Legislature in races with more than 25,000 votes.
When must mandatory recount be completed?: No requirement in law but courts can issue a deadline.
Can a non-mandatory recount be requested?: No.
Recount law: Yes.
State law mandate recounts?: No.
Can a recount be requested?: Yes.
Under what circumstances?: A margin of no more than .5 percent of total votes cast for office.
Deadline to request a non-mandatory recount: Two business days after county certification.
Who pays for the recount?: State.
Can a partial recount be requested?: No.
• Election superintendents or candidates for federal or state offices can petition the secretary of state for a recount prior to certification when it appears an error has been made; can request recount of part of the state.
• Recounts after certification: A margin of 1 percent or less of the total vote for office is required, which can apply to a candidate eligible for a runoff and another candidate not eligible. Must recount entire race.
Recount law: Yes.
Does state law mandate recounts?: No.
Can a non-mandatory recount be requested?: Yes.
Deadline to request a non-mandatory recount?: Within 5 business days of election.
When must non-mandatory recount be completed?: 20 days after Election Day, if possible.
Who pays for non-mandatory recount?: Petitioner
Can a partial recount be requested?: No
• Entire race is recounted, but candidate may withdraw recount at any time if they are still trailing.
• If margin between leading and requesting candidate is less than 1.5 percent of the total vote for that office, the fee is waived. Fee is refunded if results change.
Recount law: Yes.
Does state law mandate recounts?: Yes.
Under what circumstances?: Difference of 2,000 votes or less. Does not apply in races with more than one winner.
When must mandatory recount be completed?: 39 days after certification of general election.
Can a non-mandatory recount be requested?: Yes.
Under what circumstances?: Evidence of fraud or mistake. Party chairperson may petition on behalf of a candidate if race is determined by vote differential of less than 500 votes for state Senate and less than 200 for state House. Opposing candidate may file counter petition no later than the seventh day after the original petition filed.
Deadline to request non-mandatory recount: Within 48 hours after canvass.
When must non-mandatory recount be completed?: 39 days after certification of the general election.
Who pays for non-mandatory recount?: Petitioner.
Can a partial recount be requested?: Yes.
• If results are changed, the bond is refunded.
• Non-mandatory recount rules do not apply to presidential primaries. Elector may request for ballot measure with filing and requirement procedure the same.
Recount law: Yes.
Does state law mandate recounts?: No.
Can a non-mandatory recount be requested?: Yes.
Deadline to request a non-mandatory recount: By three working days after county or statewide canvass, depending on race.
When must non-mandatory recount be completed?: Within 10 days of request.
Who pays for non-mandatory recount?: Loser.
Can a partial recount be requested?: Yes.
• Canvass must be completed by the sixth working day after Election Day.
• Any voter may request a recount of a ballot question, but must pay bond.
• For statewide races, at least 5 percent of each precinct must be counted; if the 5 percent shows a difference of 1 percent or less or five votes, whichever is higher, a full recount performed.
• Recounts must be done by the same method as votes were first tabulated.
Recount law: Yes.
Does state law mandate recounts?: No.
Can a non-mandatory recount be requested?: Yes.
Under what circumstances?: Margin of .5 percent or 10,000 votes, whichever is less, for statewide races, or 1 percent of the total votes for non-statewide races.
Deadline to request a non-mandatory recount: Noon on the second business day after the county canvass.
When must non-mandatory recount be completed?: Approximately five days after the request, set by the executive director of the Board of Elections.
Who pays for non-mandatory recount?: State.
Can a partial recount be requested?: No.
• If initial recount is not hand-to-eye and does not change the results, candidate may request a hand-to-eye recount as well.
• Can request to sample 3 percent of precincts in the voting area if that indicates a significant change.
Recount law: Yes.
Does state law mandate recounts?: Yes.
Under what circumstances?: .5 percent or less of the total vote in statewide offices or ballot measures.
When must mandatory recount be completed?: Three weeks after election.
Can a non-mandatory recount be requested?: Yes.
Under what circumstances?: No margin is required. Three qualified electors in each district being contested who allege an error may request a non-mandatory recount.
Deadline to request a non-mandatory recount?: Five days after completion of unofficial canvass.
Who pays for non-mandatory recount?: Petitioner, money is returned if fault or error is found.
Can a partial recount be requested?: Yes.
Recount law: Yes.
Does state law mandate recounts?: No.
Can a non-mandatory recount be requested?: Yes
Under what circumstances?: A margin of 1 percent or less is required in an election with more than 4,000 votes cast.
Deadline to request a non-mandatory recount?: Third business day after county canvass.
When must non-mandatory recount be completed?: Within 13 days of order for recount.
Who pays for non-mandatory recount?: Petitioner.
Can a partial recount be requested?: Yes.
• Any candidate may request or any elector who voted on referendum question may request a recount.
• Petitioner is not required to pay fee if difference between votes cast is less than 10 if 4,000 or less votes are cast in race or not more than .25 percent of total votes cast if more than 4,000 votes are cast in race.
•If outcome changes, petitioner is refunded fee; fee is not refunded if vote totals change but outcome does not.
