New Jersey Recount Laws
Mixed paper ballot and DREs without VVPAT (hand marked paper ballots, ballot marking devices and DREs without VVPAT)
For more details, visit Verified Voting.
Mix of retabulation and electronic review
For votes cast on direct-recording electronic machines (DREs) without a voter-verified paper audit trail, only an electronic review can be conducted. New Jersey calls this electronic review a "recheck" and it involves rechecking the DRE counters against the election officers' returns. See the New Jersey Revised Statutes (N.J. Rev. Stat. 19:52-6.1.)
Paper ballots are to be retabulated following the guidelines in section 19:53A-8; however, the Superior Court has the ability to choose the counting method for paper ballots and may choose a hand recount. Section 19:53A-14. In addition, the county board of elections may do a hand count if a retabulation is "impracticable." Section 19:53A-8(d).
Candidate-initiated
Voter-initiated
Candidate determines how many/which precincts to recount
In any election, any candidate who believes that an error has been made in the counting of the votes for that election may apply for a recount of the votes cast in any "district or districts." Candidates apply to the Superior Court assigned to the county in which the districts to be recounted are located. Section 19:28-1.
Timing: Section 19:28-1.
Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions
Voters who believe that an error has been made in the counting of votes upon a public question may apply to a judge of the Superior Court for a recount. A minimum of ten voters is required to file the request. Section 19:28-1.
Timing: Section 19:28-1.
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Each application for a recount must be accompanied by a deposit for each district to be recounted. The deposit amount is set by election officials but may not exceed $25 per district. The deposit is refunded if the recount alters the result of the election or changes the outcome in any district by more than 10 votes or 10%, whichever is greater. Section 19:28-2.
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Each application for a recount must be accompanied by a deposit for each district to be recounted. The deposit amount is set by election officials but may not exceed $25 per district. The deposit is refunded if the recount alters the result of the election or changes the outcome in any district by more than 10 votes or 10%, whichever is greater. Section 19:28-2.
Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint challengers
No statutory guidance for recount observers
All counting “shall be conducted under the observation of the public.” Section 19:53A-8(b). In addition, section 19:28-3 require that recounts are to be conducted publicly.
Candidates and the chairman of the county committee of a political party have the ability to appoint two challengers who shall have "the right and power to challenge the counting or rejecting of any ballot or part of any ballot." Sections 19:7-1, 7-2, 7-5 and 19:53A-12. The appointment of or application for challengers needs to be filed with the county board not later than the second Tuesday preceding any election. Section 19:7-3.
Statutory guidance provided
See sections 19:16-3 and 19:53:C-15.
The counting methods section was updated on 10/24/22. Links for additional resources were updated November 7, 2022.
Other sections were revised 11/2/2020 using the 2019 New Jersey Revised Statutes.
Updates in progress.