Voting System Used

 This search field describes the various methods and equipment used by voters to cast their votes in each state. This category focuses only on the primary and accessible voting equipment used, and does not include any variations that may exist for absentee or provisional ballots. For most states, absentee ballots are hand-counted paper ballots only. See the individual search terms for further clarifications.

Counting Method

This search field describes the methods by which votes are recounted. This category exists separately from Voting System Used, for while two states may both use paper ballots, one may hand count all ballots while another may feed all ballots into an automatic tabulator. Unless otherwise noted, the counting method applies to votes cast on the primary and accessible voting equipment and not to how absentee and provisional ballots are counted. See the individual search terms for further clarifications. Counting method chosen by election official – This search term, for the Counting Method search field, indicates that state law allows election officials discretion when performing a recount as to the counting method to be used. The election official responsible for choosing the counting method varies by state.

Close Vote Margin Options

This search field captures the different requirements used by states to determine if the difference in votes received by competing candidates or by opposing positions on a ballot measure is small enough to automatically initiate a recount. The search options include both percentages (in which the vote margin between candidates is divided by a given number of votes, such as the total votes cast for an office) as well as vote count differences (in which a set number of votes, rather than a percentage, is given as the requirement). See "Less than or equal to X%" below for more details.

Initiating Mechanism

This search field describes both persons (candidates, voters, election officials, courts) and circumstances (close vote margins, or audit results mandating a recount) that may trigger a recount to occur after the initial counting of votes. See the individual search terms for further clarifications.

Audit Laws Details

This search field shows those states that have in place laws regarding not just recounts but also post-election audits. While only two states (Hawaii and Mississippi) lack recount laws, many more states lack laws regarding post-election audits.

Candidate-Initiated Options

This search field describes a number of notable characteristics that shape the candidate-initiated recount process differently in each state. These include both limitations that a state may set (some states allow candidates to request a recount only if there is a particular close vote margin, or only if they are running for a particular office) and privileges that a state may grant (such as allowing party officials to request a recount if the candidate does not).

Cost for Candidate-Initiated Recounts

These search fields describe the various means by which states obtain funds to pay for a recount initiated by a candidate or voter(s). This search field exists only for candidate- and voter-initiated recounts, as these are the only initiating mechanisms for which states charge the cost to a private individual, rather than paying the cost from local or state public funds. See the individual search terms for further clarifications.

Cost for Voter-Initiated Recounts

These search fields describe the various means by which states obtain funds to pay for a recount initiated by a candidate or voter(s). This search field exists only for candidate- and voter-initiated recounts, as these are the only initiating mechanisms for which states charge the cost to a private individual, rather than paying the cost from local or state public funds. See the individual search terms for further clarifications.

Challengers and Observers

 This search field describes the different ways in which states provide guidance for the public to participate as observers and challengers in the recount process. See the individual search terms for further clarifications.

Rules for Determining Voter Intent

This search field captures whether state law (including administrative rules and codes in addition to state statutes) provides any guidance and who has the authority to establish definitions of voter intent. While some states provide definitions and guidance for how voter intent is determined in statute, others use the statutes to delegate authority to an office such as the Secretary of State or State Election Board; other states neither delegate authority nor provide guidance (whether general or detailed) as to how voter intent should be determined. See the individual search terms for further clarifications.

Close Vote Margin

Generally, a “close vote margin” is when the margin of votes between two candidates or two answers on a ballot question is quite small, or close. What constitutes “close” varies by state, as does the actual method for calculating this margin; please see the Close Vote Margin section on each state profile for details both on the specific margin set and the method used to calculate the margin. We use the term in several places in the recount database:

  1. The Close Vote Margin search field captures the different requirements used by states to determine if the difference in votes received by competing candidates or answers on a ballot measure is small enough to warrant a recount. The search options include both percentages (in which the vote margin between candidates is divided by a given number of votes, such as the total votes cast for an office) as well as vote count differences (in which a set number of votes, rather than a percentage, is given as the requirement). Please note that the percentage options indicate the highest vote margin that will initiate a recount in a given state. See “Less than or equal to X%” for more details.
  2. Close vote margin as a search term for the Initiating Mechanisms search field is used to describe any state that has laws requiring that a recount take place if the difference in votes received by competing candidates or answers on a measure is small enough that it falls within a pre-established margin. (The actual language used by states to describe this type of recount varies greatly, but they are often referred to as “automatic” or “mandatory” recounts.)

Recounts initiated by a close vote margin differ from those recounts that are described as a candidate - or voter-initiated with a close vote margin required. For the latter, a voter or candidate must take action in order for a recount to begin, though the law limits their ability to request a recount to those times when there is a close vote margin. For the former, election officials are legally bound to begin recount proceedings regardless of the actions of candidates or voters. The term is also used more generally throughout the recount guide any time a small vote margin somehow comes into play for a recount (for instance, a state may require that a different counting method be used if the election results fall within a specified close vote margin). It is important to note that different methods are used from state to state to calculate the vote margin. Please see the Close Vote Margin section of each state profile for details.

Voter-Initiated Options

This search field describes the characteristics that shape the voter-initiated recount process in each state. These include both limitations a state may set (some states allow voters to request a recount only if there is a particular close vote margin) and privileges a state may grant (such as allowing voters to request recounts for offices as well as ballot measures). See the individual search terms for further clarifications.

Initiating Mechanisms

This search field describes both persons (candidates, voters, election officials, courts) and circumstances (close vote margins, or audit results mandating a recount) that may trigger a recount to occur after the initial counting of votes. See the individual search terms for further clarifications.

This information was updated 7/5/2020.

Voting System Used

Paper ballot (ballot marking devices for all voters)

For more details, visit Verified Voting.

Counting Method

No statutory guidance provided for counting method

Although the statutes and rules do not provide guidance for the counting method, according to the Office of the State Election Commissioner, ballots would be hand counted during a recount.   

Initiating Mechanisms

Court-ordered
Close-vote margin
Candidate-initiated

Voter-initiated

Court-Ordered Recounts:
Nonmunicipal, general election recounts in Delaware are conducted under the authority of the Superior Court of each county, acting as the board of canvass, to which all related election materials, including voting machine tapes and tally records, are submitted at the end of each general election. See Title 15 of the Delaware Code (15 DE Code) § 5701.

The Court is required to inspect these documents, and if “the documents produced do not agree or there is a complaint under oath of fraud or mistake in any such document, or if fraud, mistake or omission is apparent on the face of such document, the Court shall: (1) Open and examine the necessary voting machines and/or absentee ballot boxes; (2) Make a recount of the votes contained therein; (3) Correct any fraud, mistake or omission in any document or paper relating to the election.” 15 DE Code § 5702(b).

Timing: There is no timing specified for the beginning or end of the recount. The delivery of election materials to the court is specified in 15 DE Code § 5701 and § 5702.  

Close Vote Margin Options

Less than or equal to 0.5%
Vote count difference (not percentage-based)
Initiated automatically (for some offices and ballot measures)

The requirements for a close-vote-margin recount vary by office and type of election.

For statewide offices in a general election: 
“Any candidate for statewide office in a general election may apply to the Court for a recount of all the ballots cast and recorded for such office if the number of votes separating such candidate and the closest opposing candidate is less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less. Such recount shall thereupon be conducted by the Court at state expense.” 15 DE Code § 5702(c).

For State Senator, State Representatives or county offices in general elections:
“If the number of votes separating a candidate and the closest opposing candidate in an election for State Senator, State Representative, or county office is less than 1,000 votes or 1/2 of 1% of all votes cast for the 2 candidates, whichever is less, the Court shall recount the ballots cast in that election at state expense.” 15 DE Code § 5702(e).

For primary elections: 
“If the number of votes separating a candidate and the closest opposing candidate in a primary election is less than 1,000 votes, in the case of a statewide contest, or ½ of 1% of all votes cast for the 2 candidates, in the case of any other contest, whichever is less, the Department shall recount the ballots cast in that election at state expense as part of the canvass of the vote.” 15 DE Code § 3172(e).

For municipal elections:
The municipal Board of Elections shall recount the ballots if the difference between the top 2 candidates is 1/2 of 1% or less than the total votes cast for the office. Where electors vote for more than 1 candidate for an office, the municipal Board of Elections shall recount the ballots if the difference between the last candidate elected and the next closest candidate is 1/2 of 1% or less than the total votes cast for the office.  15 DE Code § 7558(c).  Municipal elections in the City of Wilmington, are conducted in conformity with most of the recount provisions governing general elections. 15 DE Code § 7521

For ballot measures and school board elections:
“Within 96 hours following the certification of a public school election, 25 or more persons who voted in the aforesaid public school election may petition the Department of Elections that conducted the election for a recompilation of the results, if the difference in the election of a school board member or in an election conducted in accordance with Chapter 19, 20 or 21 [regarding school tax levies and school bonds] of this title was less than 10 votes or 1/2 of 1 percent of the total vote whichever is larger.” “The Department of Elections that conducted the elections shall: (1) Examine the voting machine tape from each voting machine used in the election and determine if the results were properly reported. The department shall then correct any results that were incorrectly reported. (2) Examine the absentee vote tally sheets and determine if errors were made in reporting the absentee vote. The department shall then correct any errors in the reporting of the absentee votes. (3) Count or cause to be counted all absentee ballots that were cast in the election and correct any errors in the tally that had been reported.” 14 DE Code § 1083(e)

Timing: For court ordered recounts for candidates for statewide office, see 15 DE Code § 5702(c). For primary election recounts, see 15 DE Code § 3172(e). For ballot measures and school board elections, see 14 DE Code § 1083(e)

Candidate-Initiated Options

Close vote margin required
Specific offices only

Any candidate for statewide office in a general election may petition the Court and receive a recount if the difference separating that candidate and the closest opposing candidate  is “less than 1,000 votes or less than one half of one percent of all votes cast for the two candidates, whichever amount is less.” 15 DE Code § 5702(c).

Timing: 15 DE Code § 5702(c).   

Voter-Initiated Options

Close vote margin required
Voters may request recounts for offices
Voters may request recounts for initiatives/questions

When a close-vote margin exists, voters may petition for recounts on school board races and on ballot measures relating to public school elections such as tax levies and bond issues. See the entry for ballot measures and school board elections under close-vote-margin recounts above.

Timing: 14 DE Code § 1083(e).

Cost for Candidate-Initiated Recounts

Paid entirely by state or county

Recounts initiated by candidates for statewide office are to be “conducted by the Court at state expense.” 15 DE Code § 5702(c).

Cost for Voter-Initiated Recounts

No statutory guidance

The statute authorizing voters to initiate public school election recounts instructs the department of elections to recount all absentee ballots that were cast in the election and correct any errors. There is no mention of any costs to the voters for these recounts. 14 DE Code § 1083(e).

Challengers and Observers

No statutory guidance for recount observers
No statutory guidance for recount challengers

While candidates and “any duly accredited challenger” are allowed to observe the initial count immediately after the polls close, there is no indication in statutes that either observers or challengers are permitted at a recount.  However, the court ordered recounts conducted under 15 DE Code § 5702(b)(2) are authorized by the Delaware Constitution, Article V, Section 6, which gives the Court the power to conduct a recount and also states that the Court “shall publicly [emphasis added] ascertain the state of the election throughout the county.”  In addition, a Delaware election official confirmed that in practice recounts are open to the public and challengers are permitted. 

Rules for Determining Voter Intent

Statutory guidance provided

Rules for determining voter intent are found in 15 DE Code § 4972 and 14 DE Code § 1080.

State Has Audit Laws
Yes
Revision Notes

This information was updated 7/5/2020 using  the Delaware Code current to all acts effective as of April 8, 2020, up to and including 82 Del. Laws, c. 239.