An election recount is a repeat tabulation of votes cast in an election that is used to determine the correctness of an initial count. Recounts will often take place if the initial vote tally during an election is extremely close. Election recounts will often result in changes in contest tallies. Errors can be found or introduced from human factors, such as transcription errors, or machine errors, such as misreads of paper ballots.
Australia
Australian elections use instant-runoff voting and single transferable vote at the federal level to determine representatives for the House of Representatives and the Senate respectively. Tabulating votes for both houses involves automatic recounts known as “fresh scrutiny.” For the House, this process occurs the Monday after a general election.[1] The process in the Senate occurs shortly after the election, but only first preferences are recounted. A voter’s full preferences for the Senate are not counted until after fresh scrutiny occurs.[2] Candidates for either house may also request recounts, though such a request may be refused by the Electoral Commission.[3]
Similar processes occur at the state and territorial level.[4] As in federal elections, candidates may request recounts subject to the discretion of electoral authorities.[5]
References for Australia
- ^ Australian Electoral Commission (August 25, 2021). “House of Representatives count”. Australian Electoral Commission. Retrieved June 11, 2022.
- ^ Australian Electoral Commission (August 25, 2021). “The Senate counting process”. Australian Electoral Commission. Retrieved June 11, 2022.
- ^ Commonwealth Electoral Act 1918 (Cth) s 278 and 279
- ^ Elections ACT (July 30, 2020). “Scanning of ballot papers”. Elections ACT. Retrieved June 11, 2022.
- ^ Electoral Act 1992 (ACT) s 187A
Canada
Recounts in Canadian elections are formal process oversaw by judges, and therefore are often referred to as “judicial recounts”. For federal elections and the provincials of most provinces and territories, recounts are overseen by judges of the superior trial courts. Recounts or provincial elections in Ontario, Quebec, Prince Edward Island, and for territorial elections in Nunavut are oversee by judges of the provincial or territorial courts.
Recounts are conducted automatically if the difference between the vote tallies of the first and second place candidates falls below a certain threshold. In federal elections, tied elections or races with a difference of 0.1% result in automatic recounts. Electors, including candidates, may also petition an appropriate court for recounts within specific time limits following the election under certain conditions.[1]
The threshold, time limit, conditions that may may justify the granting of a recount, and which court would oversee the recount are prescribed by the relevant legislation governing the election in question. Each province and territory has its own applicable legislation governing their election, and some have separate legislations prescribing different rules for recounts in municipal elections.
Comparison of rules for election recounts
| Province/Territory | Difference threshold for automatic recount | Time limit | Overseeing court |
|---|---|---|---|
| 0.1% (1/1000) of all valid votes cast | Within four days of validation of results | The superior trial court in the relevant province or territory. | |
| 10 votes[2] | Within ten days of the final tally[3] | Supreme Court of Newfoundland and Labrador | |
| 10 votes (or 15 votes at the request of a candidate)[4] | Within five days of the returning officer has distributed the statement of official results[5][4] | Provincial Court of Prince Edward Island | |
| 10 votes[5] | Within four days of the returning officer has distributed the statement of official results[5] | Supreme Court of Nova Scotia | |
| None | Within four days of a candidate declared elected[6] | Court of King’s Bench of New Brunswick | |
| only in cases of tie-vote (or 1/1000 of votes cast at the request of the second place candidate) | Within four days of the final tally, if difference is less than 0.1% (1/1000 of votes cast)[7] | Court of Québec | |
| 25 votes[8] | Within four days (excluding Sunday) of the official tabulation[8] | Ontario Court of Justice | |
| 50 votes[9] | Within six days of a candidate is declared elected[9] | Manitoba Court of King’s Bench | |
| The sum of the number of ballots rejected, ballots objected to and unopened ballot envelopes[10] | Within ten days of a candidate declared elected[10] | Court of King’s Bench for Saskatchewan | |
| 100 votes[11] | Within eight days after the announcement of official results[11] | Court of King’s Bench of Alberta | |
| 0.2% (1/500th) of all ballots considered[12] | Within six days of the final tally[12] | Supreme Court of BC | |
| 10 votes[13] | Within six days of the final tally[13] | Supreme Court of Yukon | |
| 2% of total votes cast[14] | Within five “business days” of the final tally[14] | Supreme Court of the Northwest Territories | |
| 2% of total votes cast[15] | Within eight days of declaration of result[16] | Nunavut Court of Justice |
Rarity of changes
It is extremely rare for elections to be overturned by recounts. In the twelve federal elections that took place between 1988 and 2015, judicial recounts was conducted or commenced in 50 instances[a]. Election outcomes were changed by recounts in four instances.
| Year | Electoral District | Candidate | Results | Note | |||
|---|---|---|---|---|---|---|---|
| Prelim[b] | Validated[c] | Recount | |||||
| 2025 | Anthony Germain | 19,704 | 19,704 | 19,593 | |||
| Jonathan Rowe | 19,692 | 19,692 | 19,605 | ||||
| 2021 | Patrick O’Hara | 18,368 | 18,028 | 18,017 | |||
| Brenda Shanahan | 17,762 | 17,742 | 18,029 | ||||
| 2008 | Marcel Lussier | 19,200 | 19,202 | 19,034 | |||
| Alexandra Mendès | 19,057 | 19,100 | 19,103 | ||||
| 1988 | Maurizio Bevilacqua | 37,513 | 37,502 | 35,917 | Outcome changed again on a second recount to Bevilacqua defeating O’Brien 37,513 to 37,436[18]. The election was later annulled.[19] | ||
| Micheal O’Brien | 37,436 | 37,436 | 36,016 | ||||
It should be noted that the changes of outcome in the 2008 and 2021 recounts were not entirely unexpected as apparent errors were identified in advance of the actual recount. In 2021, incumbent Liberal MP Brenda Shanahan was granted a recount despite being behind by a few hundred votes on having identified an apparent error relating to one ballot box. The error was confirmed during the recount confirmed and its correction singly change the margin by 370.[20]
The 1988 recount for York North was conducted on November 30 and Progressive Conservative Micheal O’Brien was sworn in as MP. However on appeal two weeks later the Ontario High Court ruled that the recount judged erred in excluding approximately 3,000 ballots and order a second recount with those ballot included. The second recount took place on January 11, 1989 and resulted in Bevilacqua defeating O’Brien 37,513 to 37,436.[21][18] This was the first and so far the only time that a MP was vacated from their seat by recount after having be seated.[22] O’Brien later successfully contested the election (see below), in doing so created an unprecedented situation where two MPs were unseated from a single election.
Distinction from contested elections
Judicial recount are often conflated with contested elections in news reports and punditry. Recounts deal solely with the tabulation and counting of votes. Judges primarily adjudicate dispute over whether ballots are valid for counting, and concern themselves with the accuracy of the counting and tabulation. Recounts judges do not deal with concerns about irregularities, voters eligibilities, and other more serious allegations, and may not grant remedies to address any circumstances that may have compromised the fairness or integrity of the election process. Those concerns are addressed through a contested election application.[23]
Elections were frequently overturned in Canada in the 1800s under the Dominion Controverted Elections Act, for corrupted practices such as bribery, treating (providing refreshment as a quid pro quo), and undue influence. That act was repealed in 2000[24] and was replaced by part 20 of the Canada Elections Act.[25] With the introduction of the secret ballot, single-day cross the country, and certain unlawful campaign conduct explicitly codified, contested elections has become exceedingly rare.[26] Since the 1970s, only two federal elections were successfully overturned for reasons not relating to counting.
- The 1988 election in York North, already changed twice by recounts, was annulled by the Ontario High Court in May 1990.[19] Bevilacqua won the subsequent by-election held in December, 1990.
- The election of Liberal Tatiana Auguste in Terrebonne in the 2025 Canadian federal election was upheld by judicial recount but was annulled by the Supreme Court of Canada, the first time the country’s top court unseated an MP in over eighty years.[27] She regained the seat in the subsequent by-election held in April 2026.
References and Notes for Canada
- ^ One additional recount was granted in 2000 to Canadian Alliance Candidate Don Leier who was behind veteran NDP MP Lorne Nystrom by 164 votes. Leier abandoned the recount prior to its commencement.
- ^ Preliminary results referred to the complete results Elections Canada recorded with all polls reporting, but before the validation process. It does not refer to eletions night results reported by media, which are often incomplete.
- ^ Validation is a process mandated by law, where the Returning Officer for an electoral district reviews the result reports from all polls in presence of candidate representatives to ensure they were accurately recorded.[17] No examination of ballots take place in this process.
- ^ Elections Canada (August 2019). “Results, Validation, Recounts, and Contested Elections: What Happens After Voting in a Federal Election”. Elections Canada. Retrieved June 11, 2022.
- ^ Elections Act, 1991, SNL 1992, c. E-3.1, s. 156, 165
- ^ Elections Act, 1991, SNL 1992, c. E-3.1, s. 157, 165
- ^ a b Election Act (PDF) (Act). Prince Edward Island Legislative Assembly. 2022. pp. 56–57.
- ^ a b c Elections Nova Scotia Candidates’ Handbook (non-financial) (PDF). Halifax: Chief Electoral Officer. June 2021. p. 38.
- ^ Elections NB (7 February 2014). “Prospective Candidates Information”. Elections NB. Retrieved June 11, 2022.
- ^ Election Act, R.S.Q. 2022, c. E-3.3, Div. V
- ^ a b Candidate’s Guide (PDF). Toronto: Elections Ontario. 2021. p. 16.
- ^ a b Elections Act, C.C.S.M. 2006, c. E30, s. 165
- ^ a b Elections Act, S.S. 1996, c. E-6.01, s. 155, 156
- ^ a b Election Act, R.S.A. 2000, c. E-1, s. 144
- ^ a b Election Act, RSBC 1996, c. 106, s. 139
- ^ a b Elections Act, RSY 2002, c. 63, s. 280, 286
- ^ a b Elections and Plebiscites Act, SNWT 2006, c. 15, Div. F
- ^ Guide for Candidates To elect Members of the Nunavut Legislative Assembly (PDF). Rankin Inlet: Elections Nunavut. 2021. p. 29.
- ^ Nunavut Elections Act, C.S.Nu. 2003, c. N-60, s. 141
- ^ Canada Elections Act, S.C. 2000, c. 9, s. 293(1) (Canada Elections Act at CanLii)
- ^ a b Delacourt, Susan (1989-01-12). “Liberal replaces Tory as MP for York North”. The Globe and Mail. pp. A1.
- ^ a b O’Brien v. Hamel, 1990 CanLII 6834, 73 O.R. (2d) 87; [1990] O.J. No. 859 (28 May 1990), High Court of Justice
- ^ Press, The Canadian (2021-10-06). “Liberals win Chateauguay-Lacolle riding by 12 votes after judicial recount”. CTVNews. Retrieved 2026-04-15.
- ^ Re Bevilaqua and O’Brien; Liberal Party of Canada, Intervenor, 1988 CanLII 4830, 67 O.R. (2d) 366; [1988] O.J. No. 2119 (30 December 1988), High Court of Justice, Ontaro
- ^ “MP ousted month after swearing-in in 3rd recount of election results”. Montreal Gazette. 1989-01-10. pp. B1.
- ^ Elections Canada (2019). “Results, Validation, Recounts, and Contested Elections: What Happens After Voting in a Federal Election”.
- ^ Dominion Controverted Elections Act, RSC 1985, c. 39, as amended by Repealed by Canada Elections Act (S.C. 2000, c. 9) s. 573, section subsequently repealed.
- ^ Canada Elections Act, SC 2000, c. 9, Part 20 (Canada Elections Act at CanLII)
- ^ Boyer, Patrick (1987). Election Law in Canada,. Vol. 2. Toronto: Butterworths. p. 1067.
- ^ “Supreme Court cancels result from federal election in Terrebonne riding”. CTV News Montreal. 2026-02-13. Retrieved 2026-02-13.
Ireland
In Irish presidential elections, recounts occur only at the approval of the High Court. Candidates or the Director of Public Prosecutions may petition for a recount within seven days of the election. In the event of a recount, the High Court’s decision is final.[1] An identical process is available for elections to the Oireachtas.[2]
New Zealand
New Zealand uses a mixed-member proportional representation system for elections to its Parliament. As in Australia, an official count takes place shortly after the election day involving a recount of all of the ballots in electorates. Judicial recounts are also available in electorate and party list races.[3] No threshold is needed for a recount to occur.[4]
Singapore
Elections in Singapore are determined through a First-past-the-post voting, with the candidate receiving the most votes being declared candidate-elect (or in the case of Group Representation Constituencies, a team of candidates-elect via General ticket, disregarding the number of divisions won). In all cases, recounts are overseen by the Returning officer, and it is automatically triggered whenever the margin of difference is within 2% (valid local votes only, excluding spoilt or tendered votes).[5] Prior to the 2020 election, candidates are only allowed only one application for a recount.[6]
While Singapore adopts Non-resident citizen voting, if a recount of votes resulted in a margin that would involve overseas votes (where the difference is within the total overseas electorate), the overseas votes would apply. In typical cases, recounts are not applied for overseas votes if results are already declared.[7]
United States
In the United States recounts rarely reverse election results. Of the 4,687 statewide general elections held from 2000 to 2015, 27 were followed by a recount, and only three resulted in a change of outcome from the original count: 2004 Washington gubernatorial election, 2006 Vermont Auditor of Accounts election, and 2008 United States Senate election in Minnesota.[8] Recounts are conducted at the state level rather than the federal level, even for federal offices.
Recount methods
Machine recount
A machine recount is a retabulation of ballots cast during the election. This can be done using an optical scan voting system, punched card system or direct-recording electronic (DRE) voting machine. With document-based Ballot Voting Systems, ballots are counted a second time by some form of machine. With Non-document-based Ballot Voting Systems officials will recollect vote data from each voting machine which will be combined by a central tabulation system.
Manual recount
A manual or “hand” recount involves each individual physical representation of voter intent being reviewed for voter intent by one or more individuals.
With DRE voting machines, a voter-verified paper audit trail (VVPAT) is examined from each voter. For some DREs that do not generate a VVPAT, images can be printed for each ballot cast and counted individually.[clarification needed]
Legal requirements
Recounts can be mandatory or optional. In some jurisdictions, recounts are mandatory in the event the difference between the top two candidates is less than a percentage of votes cast or of a fixed number.[9] Mandatory recounts are paid for by the elections official, or the state. Mandatory recounts can usually be waived by the apparent losing candidate. The winning side will usually encourage the loser to waive the recount in a show of unity and to avoid spending taxpayer money.
Each jurisdiction has different criteria for optional recounts. Some areas permit recounts for any office or measure, while others require that the margin of victory be less than a certain percentage before a recount is allowed. In all instances, optional recounts are paid for by the candidate, their political party, or, in some instances, by any interested voter. The person paying for the recount has the option to stop the recount at any time. If the recount reverses the election, the jurisdiction will then pay for the recount.
| State | Automatic | Requested |
|---|---|---|
| When difference is less than 0.5% | Available to both candidates and voters; an election contest must be filed if the recount changes the result | |
| When tied | Available to both candidates and voters | |
| When difference is less than 0.1%[10] | Not available[10] | |
| None | Available; the election commission may also initiate a recount | |
| None | Available to voters; the governor may initiate a recount if difference is less than 1,000 votes or 0.1% | |
| When difference is less than 0.5% | Available | |
| When difference is less than 20 votes or less than 2000 votes when said difference is less than 0.5% | Available; election officials may initiate recounts | |
| When difference is less than 1,000 votes or less than 0.5% (whichever is smaller) (municipal elections – only if difference is less than 0.5%) | Available, if difference is less than 1,000 votes or less than 0.5% (whichever is smaller); voters can initiate in school board elections only | |
| When difference is less than 0.5% | Available | |
| None[10] | Available, if difference is less than 0.5%[10] | |
| None | Available through the Supreme Court | |
| None | Available, if difference is less than 0.1% or 5 votes (whichever is larger) | |
| None | Available, if difference is less than 5% (non-binding unless court-ordered); voters can initiate on ballot measures only | |
| None | Available | |
| None | Available, if difference is less than 1% or 50 votes (whichever is larger) | |
| None | Available, if difference is less than 0.5% | |
| None | Available, unless an election for Governor, Lieutenant Governor, or General Assembly member | |
| None | Available, if difference is less than the total number of absentee and early ballots | |
| None | Available, if difference is less than 1.5% (legislative races) or less than 1% or 1,000 votes (whichever is smaller) (statewide races) | |
| None | Available, if difference is less than 0.1% | |
| None | Available, if difference is less than 0.5% | |
| When difference is less than 2000 votes[10] | Available[10] | |
| None | Available, if difference is less than 0.25% (federal, statewide, and judicial races) or less than 0.5% (legislative races) or less than 10 votes (when total number is less than 400 votes) | |
| None | Not available | |
| None | Available, if difference is less than 0.5% (state and federal races) or less than 1% (local races) | |
| When tied | Available, if difference less than 0.25%; state pays costs | |
| When difference is less than 1% (if more than 500 total votes) or less than 2% (if 500 total votes or less) | Available | |
| None[10] | Available[10] | |
| None | Available, if difference is less than 20% | |
| None | Available | |
| When difference is less than 0.25% (federal and statewide races) or less than 0.5% (judicial races and certain local races) or less than 1% (all other races) | Available (voters may initiate only under the Liquor Control Act) | |
| When difference is less than 20 votes or less than 0.5% or less than 5,000 votes (if more than 1 million votes) | Available for local races only | |
| None | Available, if difference is less than 0.5% or less than 10,000 votes (whichever is less) (statewide races) or less than 1% (all other races) | |
| When difference is less than 1% (primaries) or less than 0.5% (general elections) | Available, if difference is less than 2% | |
| When difference is less than 0.25% (statewide races) or less than 0.5% (all other races) | Available | |
| None | Available | |
| When difference is less than 0.2% | Available | |
| When difference is less than 0.5%[10] | Available[10] | |
| None | Available (margin dependent on total number of votes cast)[11] | |
| When difference is less than 1% | Not available | |
| When tied | Available, if difference is less than 0.25% (statewide races) or less than 2% (all other races) | |
| None | Available by court order only | |
| When tied | Available, if difference is less than 10% | |
| None | Available, if difference less than 0.25% or if difference is only one (when <400 total votes were cast) | |
| When tied | Available, if difference is less than 2% or less than 5% (municipal and state representative races) | |
| None | Available, if difference is less than 1%; if difference is less than 0.5%, state pays costs | |
| When difference is less than 2,000 votes or less than 0.5% | Available | |
| None | Available | |
| None[10] | Available; if difference is less than 0.25%, state pays costs[10] | |
| When difference is less than 1% | Available |
Source:[12]
Notable recounts
- Florida election recount – 2000 U.S. presidential election
- Washington gubernatorial election, 2004
- Vermont Auditor of Accounts election, 2006
- United States House of Representatives elections in Florida, 2006#District 13 – Florida’s 13th congressional district
- United States Senate election in Minnesota, 2008
- Virginia Attorney General election, 2013[13]
- 2016 United States presidential election recounts[14][15]
- 2018 United States Senate election in Florida
- 2020 United States presidential election in Georgia
United Kingdom
More than one recount is allowed if a candidate or their agent requests one and the returning officer deems it appropriate.[16] It is possible for a defeated candidate denied a recount by the Returning Officer, to request one from the court by means of an election petition. There are several cases where a Parliamentary election has been the subject of a court-ordered recount.[which?]
See also
External links
- NCSL list of recount rules
- Citizens for Election Integrity Recount Laws Database
- The count: Fresh scrutiny – YouTube video from the Australian Electoral Commission
References
- ^ Department of Housing, Local Government and Heritage (January 29, 2016). How the President is Elected (PDF). Dublin: Government of Ireland. pp. 10–11.
- ^ Electoral Act 1923, 3rd Sch.: Proportional Representation Election Rules (No. 12 of 1923, 3rd Sch.). Act of the Oireachtas. Retrieved from Irish Statute Book.
- ^ Scrutineer Handbook – By-Elections (PDF). Wellington: New Zealand Electoral Commission. 2022. pp. 11–12.
- ^ Electoral Act (87, Section 180). New Zealand Parliament. 1993.
- ^ “Singapore GE2020: Automatic recount if difference in votes between candidates is 2% or less”. The Straits Times. July 2020. Retrieved 23 March 2025.
- ^ “ELD | Counting”. www.eld.gov.sg. Retrieved 23 March 2025.
- ^ “GUIDE FOR COUNTING AGENTS FOR GENERAL ELECTION 2020” (PDF). elections department. Archived (PDF) from the original on 8 July 2020. Retrieved 1 July 2020.
- ^ Bialik, Carl (2016-11-27). “Recounts Rarely Reverse Election Results”. FiveThirtyEight. Retrieved 2019-11-07.
- ^ “Automatic Recounts”. National Conference of State Legislatures. October 26, 2016. Retrieved November 9, 2016.
- ^ a b c d e f g h i j k l “Recounts: What are the rules in key contested states?”. www.aljazeera.com.
- ^ Rhode Island Board of Elections (2020). Guide to Election Recounts (PDF). Cranston: Rhode Island Board of Elections. p. 3.
- ^ “State Recount Laws Searchable Database”. Citizens for Election Integrity Minnesota. Retrieved June 21, 2022.
- ^ Vozzella, Laura (November 25, 2013). “Herring wins Virginia attorney general race, elections board announces”. www.washingtonpost.com.
- ^ See http://www.gregpalast.com/ for an investigative journalist’s report of what the “recount” uncovered.
- ^ “Clinton campaign counsel: We’ll participate in recount”. www.msn.com. Retrieved 26 November 2016.
- ^ “Part E – Verifying and counting the votes” (PDF). UK Parliamentary elections in Great Britain on guidance for (Acting) Returning Officers. The Electoral Commission. November 2018. Archived from the original (PDF) on 2019-12-04. Retrieved 2019-11-15.