Recount laws in New York
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Anelection recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.
New York law requires an automatic recount in certain close races or depending on the results of election audits. A court can request a recount, as can candidates for village office.
Summary of recount laws
The list below shows answers to common questions regarding recounts in New York.[1][2]
- Does state law require automatic recounts?
- Yes. An automatic recount is required if the margin of victory is 20 votes or less; or 0.5% or less; or less than 5,000 votes in a contest where one million or more ballots are cast. It may also be triggered if election officials identify vote total discrepancies or as the outcome of a mandated post-election audit of voting machines. See below for specific guidelines.
- When must an automatic recount be completed?
- No set deadline.
- Can a recount be requested?
- Yes, a candidate in a village election can request a recount, as can a village election official. The deadline to request such a recount is no later than two days after the election. The deadline to complete the recount is no later than five days after the village election official informs the county board of elections of the requested recount. A court may also independently request a recount.
- Who pays for a requested recount?
- Unclear. No mention in state law.
- Is a refund available for requested recount costs?
- There is no refund mentioned in state law.
- Can a partial recount be requested?
- No.
New York recount procedures
Automatic recount procedures
New York requires an automatic recount if the margin of victory is 20 votes or less; or 0.5% or less; or less than 5,000 votes in a contest where one million or more ballots are cast.[1]
Additionally, New York requires a manual audit of at least 3% of each type of voting machine no later than fifteen days after a general or special election, thirteen days after a primary election, and seven days after a village election.[3] Discrepancies discovered during this audit might escalate to the point where a binding automatic recount is required.[4]Click here to view the protocols used during such an audit.
Requested recount procedures
A court may independently request a recount.[5] State law does not specify the procedure in which such a requested recount would take place.
A candidate in a village election may request a recount. The deadline to request such a recount is no later than two days after the election. Additionally, a village election official may call for a recount without a request from any candidate in a village election. The deadline for the completion of such a recount is no later than five days after the village election official informs the county board of elections of the requested recount.[2]
For more information about recount procedures in New York,click here.
New York voting equipment
New York uses hand-marked paper ballots and ballot-marking devices for its elections. To learn more about voting methods and equipment in New York and other states, seethis article.[6]
Noteworthy events
New York's 22nd Congressional District election (2020)
On Nov. 30,Claudia Tenney (R) led incumbentAnthony Brindisi (D) by twelve votes in the election's first official vote count.[7] On Dec. 8,New York Supreme Court JusticeScott DelConte ordered a review and partial recount of disputed absentee/mail-in and affidavit ballots stemming from a lawsuit involving both candidates. County election boards were ordered to correct errors or, if those errors could not be corrected, conduct a manual recount.[8] On Feb. 5, 2021, DelConte ordered theNew York State Board of Elections to certify the final results, in which Tenney defeated Brindisi by 109 votes.[9]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
As of September 2025, state law in 48 states included a recount provision, automatic recounts are possible in 28 states, and requested recounts are possible in 43 states.
The map and table below outline the type of recount laws in each state.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
As of September 2025, the requester of a recount pays for the recount in 23 states, the state pays in seven states, in 11 states it depends on the circumstances of the election or the recount, and in two states it is unclear which party pays for the recount. In 27 states a refund may be available for a requested recount, in four states a refund depends on the circumstances of the recount, and in five states no refund is available. The remaining 14 states have state-funded requested recounts or do not have requested recounts. In 27 states a partial recount may be requested.
| State[12] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation |
|---|---|---|---|---|
| Alabama | Requester | Yes | Yes | 16-20,21 |
| Alaska | State/Requester Depends on margin | Yes | Yes | 20.430-490 |
| Arizona | No requested recounts | N/A | No | 16-661,249 |
| Arkansas | Requester | Yes | No | 7-5-319 |
| California | Requester | Yes | Yes | 15620-15634 |
| Colorado | Requester | Yes | No | 10.5-101-109 |
| Connecticut | No requested recounts | N/A | No | 9-445,6-311a |
| Delaware | State | N/A | Yes | 5702(C,E) |
| District of Columbia | Requester | Yes | Yes | 1-1001.11(a) |
| Florida | No requested recounts | N/A | No | 102.141,166 |
| Georgia | State | N/A | Yes | 21-2-495,499 |
| Hawaii | No requested recounts | N/A | No | 11-158 |
| Idaho | State/Requester Depends on margin | Yes | Yes | 34-2301-2309 |
| Illinois | Requester | Maybe[13] | Yes | 5/22-9.1, 18 |
| Indiana | Requester | Yes | Yes | 3-12-11-1-10 |
| Iowa | State | N/A | No | 43.56 &50.48 |
| Kansas | State/Requester Depends on margin | Yes | Yes | 25-3107 |
| Kentucky | Requester | No | Yes | 120.017,095,185,250,280 |
| Louisiana | Requester | Yes | Yes | 18-1451 &1453 |
| Maine | State/Requester Depends on margin | Yes | No | 737-A |
| Maryland | State/Requester Depends on margin | Yes | Yes | 12-101-107 |
| Massachusetts | State | N/A | Yes | 54:135,A,B |
| Michigan | Requester | Yes | Yes | 168.879-894 |
| Minnesota | State/Requester Depends on margin | Yes | Yes | 204C.35-361 |
| Mississippi | No requested recounts | N/A | No | N/A |
| Missouri | Requester | Maybe[14] | No | 115.601 |
| Montana | State/Requester Depends on margin | Maybe[15] | No | 13-16-201-11 |
| Nebraska | Requester | Yes | Yes | 32-1119,1121 |
| Nevada | Requester | Yes | No | 293.403-405 |
| New Hampshire | State/Requester Depends on election type[16] | Varies[17] | No | 660:1-16 |
| New Jersey | Requester | Yes | Yes | 19:28-1,2,3 |
| New Mexico | Requester | Yes | Yes | 1-14-14 to 25 |
| New York | Unclear[18] | No | No | 9-208 |
| North Carolina | State | N/A | No | 163-182.7,182.7A |
| North Dakota | Requester | No | No | 16.1-16-01 |
| Ohio | Requester | Yes | Yes | 3515.01-072 |
| Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 |
| Oregon | Requester | Yes | Yes | 258.006-300 |
| Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 |
| Rhode Island | Unclear[19] | No | No | 17-19-37.1 |
| South Carolina | No requested recounts | N/A | No | 7-17-280 |
| South Dakota | State | N/A | Yes | 12-21-1 to 37 |
| Tennessee | No requested recounts | N/A | No | 2-17,18 |
| Texas | Requester | Yes | Yes | 211 to 216 |
| Utah | State/Requester Depends on requester[20] | No | No | 20A-4-401 |
| Vermont | State | N/A | No | 17-51-2601,2602 |
| Virginia | State/Requester Depends on margin | Yes | No | 8-24.2-800 to 802.3 |
| Washington | Requester | Yes | Yes | 29A.64 |
| West Virginia | Requester | Yes | Yes | 3-6-9 |
| Wisconsin | State/Requester Depends on margin | Yes | Yes | 9.01 &5.90 |
| Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during (or carried over to) New York's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page onBallotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in New York
- New York
- Voting methods and equipment by state
Footnotes
- ↑1.01.1Justia, "NY Elec L § 9-208 (2024)," accessed September 24, 2025
- ↑2.02.1Justia, "NY Elec L § 15-126 (2022)," accessed September 24, 2025
- ↑Justia, "NY Elec L § 9-211 (2024)," accessed September 24, 2025
- ↑OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK, "TITLE 9. EXECUTIVE DEPARTMENT SUBTITLE V. STATE BOARD OF ELECTIONS PART 6210. ROUTINE MAINTENANCE AND TESTING OF VOTING SYSTEMS, OPERATIONAL PROCEDURES, AND STANDARDS FOR DETERMINING VALID VOTES," accessed September 24, 2025
- ↑Justia, "NY Elec L § 16-106 (2022)," accessed September 24, 2025
- ↑Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 24, 2025
- ↑Syracuse.com, "Tenney leads Brindisi by 12 in first official vote count in House election," Nov. 30, 2020
- ↑Syracuse.com, "Judge orders partial recount in Brindisi-Tenney House race," Dec. 8, 2020
- ↑CNYHomepage.com, "Tenney Wins By 109 Votes, Brindisi To Appeal," Feb. 5, 2021
- ↑Verified Voting, "Arizona Recount Laws," accessed September 25, 2025
- ↑A court may ordera recount under Arizona law.
- ↑This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, thecourt may choose not to levy costs against the prevailing party.
- ↑Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑No mention in state law.
- ↑No mention in state law.
- ↑The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
