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.

Voting System Used

Paper Ballots (hand marked paper ballots or ballot marking devices)

For more details, visit Verified Voting.

Counting Method

Mix of hand count and retabulation.

"In the first recount conducted by the county board of elections in accordance with G.S. 163-182.7, all ballots that were originally counted shall be counted again by machine. All ballots that are rejected for tabulation purposes by the machines shall be recounted by a bi-partisan team of four in accordance with 08 NCAC 09. 0106(d) or duplicated and counted by machine. Ballots accepted by the machines shall not be counted by hand, regardless of whether the ballot is marked, contains overvotes, or is blank." See 08 NCAC 09.0107.  

“The rules promulgated by the State Board of Elections for recounts shall provide that if the initial recount is not hand-to-eye, and if the recount does not reverse the results, the candidate who had originally been entitled to a recount may, within 24 hours of the completion of the first recount, demand a second recount on a hand-to-eye basis in a sample of precincts. If the initial recount was not hand-to-eye and it reversed the results, the candidate who had initially been the winner shall have the same right to ask for a hand-to-eye recount in a sample of precincts.  See North Carolina General Statutes (NC Gen Stat) § 163-182.7A.

Initiating Mechanisms

Close vote margin
Candidate-initiated

Election official-initiated

Election Official-Initiated Recounts:

"The county board of elections or the State Board of Elections may order a recount when necessary to complete the canvass in an election.” These are referred to as “discretionary recounts.” However, they may not do so if a candidate has already petitioned for a recount and had their petition denied."  NC Gen Stat § 163-182.7(a).

Timing: There are no timing requirements stipulated in the statutes for recounts initiated by election officials.

Close Vote Margin Options

Less than or equal to 1%
Less than or equal to 0.5%
(for a statewide race)
Vote count difference (for a statewide race)
Varies by election contest

A close-vote-margin recount in North Carolina requires a written request from candidates.  See the candidate-initiated options below.

Candidate-Initiated Options

Close vote margin required

“In a ballot item within the jurisdiction of the State Board of Elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate are not more than the following: (1) For a nonstatewide ballot item, one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item, one percent (1%) of the votes cast for those two candidates. (2) For a statewide ballot item, one-half of one percent (0.5%) of the votes cast in the ballot item, or 10,000 votes, whichever is less.”  NC Gen Stat § 163-182.7(c).

“In a ballot item within the jurisdiction of the county board of elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate is not more than one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item not more than one percent (1%) of the votes cast for those two candidates.”  NC Gen Stat § 163-182.7(b)

Timing: For recounts under the jurisdiction of a county board, requests must be received by 5 p.m. on the first business day after the canvass. For recounts under the jurisdiction of the state board, requests must be received by noon the second business day after the canvass.   NC Gen Stat § 163-182.7(b) & (c).

Cost for Candidate-Initiated Recounts

No statutory guidance provided

Neither the General Statutes nor the Administrative Code describe costs for the recount or establish which party is responsible for covering these costs. However, we have been informed by the State Board of Elections in North Carolina that the general practice is for the election board of the county conducting a recount to pay the cost of the recount. There is no cost to candidates for recounts ordered by the State Board of Elections under the terms of § 163-182.7A(a), which requires a recount when the “results of the hand-to-eye recount differ from the previous results within those [sample] precincts to the extent that extrapolating the amount of the change to the entire jurisdiction…would result in the reversing of the results.”

Challengers and Observers

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

Section 163-182.7(d)(3) requires the State Board of Elections to develop rules for recounts regarding “the goals of multipartisan participation” and “opportunity for public observation.” However, the rules pertaining to recounts in the North Carolina Administrative Code do not currently contain any mention of observers, partisan ballot challengers, or requirements that the recount be conducted publicly. However, we have been informed by the State Board of Elections that in practice North Carolina recounts have generally had “free access for all interested parties to observing a recount, as long as they do not interfere with the recount operation.”

Note also the instructions on page 5 of Numbered Memo 2016-28, Planning for a Statewide Recount, December 2, 2016: “Any person may attend the recount. This includes the candidates, their representatives or legal counsel, media representatives, and any other interested persons. These persons may observer the counting process, but may not observe individual ballots.”  

Rules for Determining Voter Intent

Statutory guidance provided
Secretary of State or Election Board responsible for defining intent

See section 163-182.1(a) for determining voter intent.  

State Has Audit Laws
Yes
Revision Notes

The counting methods section was updated on 10/23/22.

Other sections were updated 10/7/2020 using the North Carolina General Statutes including changes through September 27, 2019, and using the North Carolina Administrative Code accessed 10/7/2020.

Updates in progress.