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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

This information was updated 6/6/2020.

Voting System Used

Mixed paper ballot and DREs with VVPAT (hand marked paper ballots, BMDs and DREs with VVPAT)

For more details, visit Verified Voting.

Counting Method

Mix of hand count, retabulation and electronic review

During a recount, “all ballots are to be hand tabulated, unless otherwise requested. This includes all paper rolls from the electronic touch screens. However, if upon request precincts are specified to not be hand counted, then the recount procedures from canvass [including the random drawing referenced below] are in place for electronically tabulated ballots. If the random drawing brings up one or more of the same precincts that were hand-counted at canvass, then those precincts must be counted by hand again.”  2018 Best Practices Guide for Recounts, p. 9. 

Precincts not requested to be hand counted will be counted in accordance with the provisions of the West Virginia Code (WV Code) Section 3-4A-27 & 3-6-9.  See WV State Rules 153-20-3.1.c. 

“During the canvass, at least three percent of the precincts are to be chosen at random and the voter-verified paper ballots are to be counted manually.” WV Code Section 3-4A-28(d).  If as a result of that hand count, the total obtained by the hand count differs by more than 1% from the total produced by the tabulating equipment, or changes the outcome of any election in the selected precincts, then all of the ballots must be counted manually. WV Code Sections 3-4A-28(d)(1) and (2).

In addition, in the case of any recount request, “the voter-verified paper ballot shall be used according to the same rules that are used in the original vote count.” WV Code Section 3-4A-28(c).  Those procedures require that “[i]n systems using ballots in which votes are recorded upon screens with a stylus or by means of touch, the ballots are to be tabulated according to the processes of the system,” WV Code Section 3-4A-27(c)(2).  “In systems using ballots marked with electronically sensible ink, ballots are to be removed from the ballot boxes and stacked for the tabulator” and then tabulated automatically, WV Code Section 3-4A-27(c)(1), provided that “[i]f for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the county commission may direct that they be counted manually.” WV Code Section 3-4A-27(f).  

Initiating Mechanisms

Candidate-initiated
Voter-initiated

Candidate-Initiated Options

Candidate determines how many/which precincts to recount 

There are no restrictions regarding the type of election in which a recount may be requested, or limiting the eligibility of certain offices for a recount, WV Code Sections 3-6-9(b) and (c)

The petitioner must be  a candidate for the office for which the recount is being requested and may request all or only a limited number of precincts to be recounted.  WV State Rules 153-20-3.1.  However, if the first candidate does not request all precincts, other candidates for that office may file a later request to recount the remaining precincts.  WV State Rule 153-20-3.4.  Each precinct may only be recounted once. WV Code Section 3-6-9(f)

Timing:  WV State Rules 153-20-3.2 and WV Code Sections 3-6-9(b), (c) and (f)

Voter-Initiated Options

Voters may request recounts for initiatives/questions

Recounts may be requested by “any qualified individual,” which is defined as “a voter affected by an issue, other than an individual's candidacy, on the ballot,” WV Code Section 3-4A-28(c).  However, the individual must be “a voter of the jurisdiction of the election.” WV State Rule 153-20-3.1.  Voters may also request a recount on special elections held to approve the charter for a city or municipality and the election of officers thereof. WV Code Section 8-3-6

Timing: See WV State Rules 153-20-3

Cost for Candidate-Initiated Recounts

Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount

Candidates are required to pay a bond, not to exceed $300, and are liable for the full costs of the recount if the election result is not changed. If the outcome of the election is altered, the board shall not assess costs to the candidate and the bond is cancelled or refunded. WV Code Sections 3-6-9(h) and (j); for additional detail see also WV State Rule 153-20-4.7

Cost for Voter-Initiated Recounts

Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount (varies) 

Petitioners are required to pay a bond, not to exceed $300, and are liable for the full costs of the recount if the election result is not changed. If the outcome of the election is altered, the board shall not assess costs to the candidate and the bond is cancelled or refunded. WV State Rule 153-20-4.7. For recounts regarding municipal charters, “[a] recount may be had, as in general elections, upon the party or parties desiring such recount providing adequate assurance to the county court that he or they will pay all costs of such recount.” WV Code Sections 8-3-6.   

Challengers and Observers

Statutes specify that recount must be public 
Party/candidate or initiator has statutory authority to appoint challengers 

According to WV State Rules 153-20-6.2, “a reasonable number of the general public shall be freely admitted to the room where the recount is being conducted.”

Recount petitioners are allowed to appoint one representative each; either the petitioner or the petitioner's representative may observe the recount and may also question ballots. WV State Rules 153-20-6.2.a – 6.2.c

Rules for Determining Voter Intent

Statutory guidance provided

The statutory guidance provided for determining voter intent in West Virginia is not detailed, but simply states that “[a]ny ballot or part of a ballot from which it is impossible to determine the elector's choice of candidates shall not be counted as to the candidates affected thereby.” WV Code Section 3-6-7.  See also WV State Rules 153-27.

During a recount, if the counting team “cannot agree on the intent of the voter’s markings on a ballot,” the ballot is to “remain questioned and the votes for that ballot shall not be recorded.” WV State Rules 153-20-6.3.b

State Has Audit Laws
Yes
Revision Notes

This information was updated 6/6/2020 West Virginia Code (WV Code) current through legislation passed through the 2019 First Extraordinary Session of the West Virginia Legislature.  The West Virginia Code of State Rules were accessed 6/6/2020.