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 5/26/2020. 

Voting System Used

Paper ballot (hand marked paper ballots, ballot marking devices for accessibility)

For more details, visit Verified Voting.

Counting Method

Mix of hand count, retabulation and electronic review

Although Rhode Island uses paper ballots tabulated by optical scanners, only write-in candidates are allowed to request a hand recount.  Rhode Island General Laws (R.I. Gen Laws) Section 17-19.37.2(2).  Other candidates, as well as voters initiating recounts on questions, may request only machine retabulations, R.I. Gen. Laws Sections 17-19.37.1(1) & (2), and 17-19.37.3(1)(b), and electronic reviews (conducted “by re-reading the programmed memory device or devices and comparing the results and totals obtained at such recount with the results and totals obtained on election night”), R.I. Gen. Laws Sections 17-19.37.1(3) and 17-19.37.3(1)(a) & (2).

The method available to the petitioner depends on the margin of victory in the election.   R.I. Gen. Laws Sections 17-19.37.1 and 17-19.37.3.

Initiating Mechanisms

Election official-initiated
Candidate-initiated
Voter-initiated

Election Official Initiated

Election officials may initiate recounts in primaries: “Nothing in this chapter shall be construed to prevent the state board, acting on its own motion, from ordering a recount or taking appropriate action in response to any error, irregularity, or impropriety in the conduct of any facet of the primary which comes to its attention at any time prior to the certification of the results of the primary.” R.I. Gen. Laws Section 17-15.34.

For general elections, “At any time prior to the certification of the results of a particular election, the state board of elections may, upon its own motion, investigate any allegation of error, irregularity, or impropriety in the conduct of any facet of the election which comes to its attention and may, upon its own motion, take appropriate action based upon the findings of the investigation."  R.I. Gen. Laws  Section 17-22-5.1.

Candidate-Initiated Options

Close vote margin required

Rhode Island statutes divide candidates into those for “public office” and those for “non-public office” (such as political party offices). The statutes specify that both “a candidate for election or nomination for election to public office” and “a candidate for any office other than a public office” may request recounts. However, there is a close vote margin requirement which varies depending on the number of candidates to be elected to the office and the number of votes cast. For a list of the vote margin requirements for candidates seeking public office, see R.I. Gen. Laws Section 17-19-37.1.  For a list of the vote margin requirements for candidates seeking non-public offices, see R.I. Gen. Laws Section 17-19-37.3(2).

Restrictions on Counting Method for Candidate-Initiated Recounts:

Candidates for public office who meet the specified close vote margin requirement of Section 17-19-37.1(1) & (2) may request only a machine retabulation, not a hand recount, of the ballots cast. Candidates for public office who do not meet the close vote margin requirements, but who trail the apparent winning candidate by 5% or less of the total votes cast for the respective office, may request an electronic review, but not a retabulation or hand count. R.I. Gen. Laws Section 17-19-37.1(3).

Recounts requested by candidates in presidential primaries may only be conducted by the re-reading of the programmed memory devices; there is no provision for a hand count or a machine retabulation. As with other contests, there is a close vote margin requirement; in this case, the difference must be two hundred votes or less. R.I. Gen. Laws Section 17-12.1-14.

The only candidates who may request a hand recount are write-in candidates for public office. These candidates must meet the close vote margin requirement that applies and must also receive “a minimum of ten (10) votes or one percent (1%) of the votes cast in the race, whichever is greater.” R.I. Gen. Laws Section 17-19-37.2

Timing: For primary elections see R.I. Gen. Laws Section 17-15-34.  For general elections see R.I. Gen. Laws Sections 17-19.36 and 17-19.37.  For additional details on timing, see the Rhode Island Board of Elections' Guide to Election Recounts

Voter-Initiated Options

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

There are no provisions by which voters may request a hand recount. However, a person, group, or organization “of ‘recognized standing' regarding a ballot question” may request either a retabulation or an electronic review for that question, depending on the margin of victory. The close vote margin requirement varies depending on the number of votes cast in the election. The vote margin must be 2% or less for elections where fewer than 100,000 votes are cast, and 1% or less where 100,000 votes or more are cast. If the initial vote margin is less than 0.5% or 500 votes, whichever is less, or if after the electronic review, the new results show that the vote margin meets either of those requirements, a retabulation may occur. R.I. Gen. Laws Sections 17-19.37.3(1)(a) and (b)

Timing: See page 1 of the Guide to Election Recounts.   

Cost for Candidate-Initiated Recounts

No statutory guidance provided

We were not able to locate statutes or rules regarding the parties responsible for recount costs.

Cost for Voter-Initiated Recounts

No statutory guidance provided

We were not able to locate statutes or rules regarding the parties responsible for recount costs.

Challengers and Observers

Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers

Candidates and/or their representatives may be present at recounts, and “the public and members of the media are invited to observe the proceedings.” See page 2 of the Guide to Election Recounts.     

Rules for Determining Voter Intent

Statutory guidance provided

We found no statutes in Rhode Island's General Laws regarding voter intent. However, the State Board of Election's document on rules “relating to tabulation of mail ballots” states: “Voter intent may be determined if the voter circled, checked or made any other distinguishing marks next to a candidate’s name.” See page 2 of the Guide to Mail Ballot Tabulation

State Has Audit Laws
Yes
Revision Notes

This information was updated 5/26/2020 using the General Laws of Rhode Island (R.I. Gen. Laws) current through Nov. 15, 2019.