Recount laws in Virginia

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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.

Virginia law does not allow for automatic recounts. A candidate may request a recount if the margin between the two candidates is less than or equal to 1%. A group of voters may request a recount of ballot measures under certain circumstances. The state only pays the costs of a recount if it is requested by the candidate and the margin is less than or equal to 0.5%. Otherwise, the requester pays for the recount costs, though a refund is available if the recount changes the outcome of the election.

Note: The content below describes recount procedures in Virginia. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact theirstate election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Virginia.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, the recount can be requested within ten days after certification except that presidential election recounts must be requested within two days after the certification. Required margins vary between candidates on the ballot, write-in candidates, and ballot measures, as describedbelow. There is no deadline for completion except that a presidential election recount must be completed no later than six days before the meeting of the Electoral College.
  • Who pays for a requested recount?
    • Varies. The state pays for candidate-requested recounts where the margin between the requester and the winning candidate is less than or equal to 0.5% of the votes cast for the two candidates. For any other candidate-requested recount and all voter-requested recounts, the requester pays.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome.
  • Can a partial recount be requested?
    • No.

Virginia recount procedures

Automatic recount procedures

Virginia does not require automatic recounts.

Requested recount procedures

Candidate-requested recounts
A candidate may request a recount of his or her race under the following circumstances:[2]

  • Candidate whose name appeared on the ballot: if the margin between the requester and the winning candidate is less than or equal to 1% of the total votes cast for the two candidates.
  • Write-in candidate: if the margin between the write-in requester and the winning candidate is less than or equal to 5% of the total votes cast for the two candidates.

The state covers the cost of a recount if the margin between the requester and the winning candidate is less than or equal to 0.5% of the total votes cast for the two candidates.[3]

Voter-requested recounts
A group of 50 or more voters may request a recount for a ballot measure if the margin between those for and those against the measure is either less than or equal to 50 votes or 1% of the total votes cast on the measure, whichever is greater.[2]

The state does not cover the cost of any voter-requested recount.

All recounts
In instances where the cost of the recount is not covered by the state, the requester is responsible for costs associated with the recount. If the recount changes the outcome of the election, the requester is refunded.[3]

The deadline to request a recount for any election other than the election of presidential electors is no later than 10 days after the certification of results. There is no set deadline for the competition of these requested recounts.[4]

The deadline to request a recount for the election of presidential electors no later than 5:00 p.m. on the second calendar day after the certification of results. Such a recount must be completed at least six days before the meeting of the Electoral College.[5]

For more information about recount procedures in Virginia,click here.

Virginia voting equipment

See also:Voting methods and equipment by state

Virginia uses hand-marked paper ballots and ballot-marking devices for its elections.[6]

Noteworthy events

Virginia's 5th Congressional District Republican primary (2024)

See also:Virginia's 5th Congressional District election, 2024 (June 18 Republican primary)

Based on the certified results in this race,John McGuire (R) defeated incumbent Rep.Bob Good (R) by 374 votes. At the time of the election, Virginia law allowed Good to request a recount because the initial vote margin was within 1% of the total vote. Goochland County Circuit Court Judge Claude Worrell II ordered a recount on July 18.

The recount lasted for the duration of August 1. Based on final results,McGuire defeated Good by 370 votes.[7]

Virginia House of Delegates elections (2017)

See also:Virginia House of Delegates elections, 2017 (timeline)

District 28

Prior to the recount,Robert Thomas Jr. (R) had a86-vote lead overJoshua Cole (D).Cole requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, Thomas won the contest by73 votes, a 13-vote swing for Cole.

District 40

Prior to the recount,Tim Hugo (R) had a86-vote lead overDonte Tanner (D).Tanner requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, Hugo won the contest by99 votes, a 13-vote swing for Hugo.

District 68

Prior to the recount,Dawn Adams (D) had a336-vote lead overManoli Loupassi (R).Loupassi requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, Adams won the contest by347 votes, an 11-vote swing for Adams.

District 94

Prior to the recount,David Yancey (R) had a10-vote lead overShelly Simonds (D).Simonds requested the recount, as state law allows candidates when the margin is less than 1 percent. As a result of the recount, the contest was officiallydeclared a tie, a 10-vote swing for Simonds. Yancey ultimately won the seat when the tie result was decided by lot.

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.

Recount laws by state
StateDoes state law include a recount provision?Are automatic recounts possible?Are requested recounts possible?Citation
AlabamaYesYesYes16-20,21
AlaskaYesYesYes20.430-490
ArizonaYesYesNo[8][9]16-661,249
ArkansasYesNoYes7-5-319
CaliforniaYesNoYes15620-15634
ColoradoYesYesYes1-10.5
ConnecticutYesYesNo9-445,6-311a
DelawareYesYesYes5702(C,E)
District of ColumbiaYesYesYes1-1001.11(a)
FloridaYesYesNo102.141,166
GeorgiaYesNoYes21-2-495,499
HawaiiYesYesNo11-158
IdahoYesNoYes34-2301-2309
IllinoisYesNoYes5/22-9.1, 18
IndianaYesNoYes3-12-11-1-10
IowaYesNoYes43.56 &50.48
KansasYesNoYes25-3107
KentuckyYesYesYes120.017,095,185,250,280
LouisianaYesNoYes18-1451 &1453
MaineYesYesYes737-A
MarylandYesNoYes12-101-107
MassachusettsYesNoYes54:135,A,B
MichiganYesYesYes168.879-894
MinnesotaYesYesYes204C.35-361
MississippiNoNoNoN/A
MissouriYesNoYes115.601
MontanaYesYesYes13-16-201-11
NebraskaYesYesYes32-1119,1121
NevadaYesNoYes293.403-405
New HampshireYesNoYes660:1-16
New JerseyYesNoYes19:28-1,2,3
New MexicoYesYesYes1-14-14 to 25
New YorkYesYesYes9-208
North CarolinaYesYesYes163-182.7,182.7A
North DakotaYesYesYes16.1-16-01
OhioYesYesYes3515.01-072
OklahomaYesNoYes26-8-109 to 117
OregonYesYesYes258.006-300
PennsylvaniaYesYesYes3154g,3261-3
Rhode IslandYesNoYes17-19-37.1
South CarolinaYesYesNo7-17-280
South DakotaYesYesYes12-21-1 to 37
TennesseeNoNoNo2-17,18
TexasYesYesYes211 to 216
UtahYesYesYes20A-4-401
VermontYesYesYes17-51-2601,2602
VirginiaYesNoYes8-24.2-800 to 802.3
WashingtonYesYesYes29A.64
West VirginiaYesNoYes3-6-9
WisconsinYesNoYes9.01 &5.90
WyomingYesYesYes22-16-109 to 114


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.

Who pays for requested recounts?
State[10]Who pays for a requested recount?Refund available?Can candidates request a partial recount?Citation
AlabamaRequesterYesYes16-20,21
AlaskaState/Requester
Depends on margin
YesYes20.430-490
ArizonaNo requested recountsN/ANo16-661,249
ArkansasRequesterYesNo7-5-319
CaliforniaRequesterYesYes15620-15634
ColoradoRequesterYesNo10.5-101-109
ConnecticutNo requested recountsN/ANo9-445,6-311a
DelawareStateN/AYes5702(C,E)
District of ColumbiaRequesterYesYes1-1001.11(a)
FloridaNo requested recountsN/ANo102.141,166
GeorgiaStateN/AYes21-2-495,499
HawaiiNo requested recountsN/ANo11-158
IdahoState/Requester
Depends on margin
YesYes34-2301-2309
IllinoisRequesterMaybe[11]Yes5/22-9.1, 18
IndianaRequesterYesYes3-12-11-1-10
IowaStateN/ANo43.56 &50.48
KansasState/Requester
Depends on margin
YesYes25-3107
KentuckyRequesterNoYes120.017,095,185,250,280
LouisianaRequesterYesYes18-1451 &1453
MaineState/Requester
Depends on margin
YesNo737-A
MarylandState/Requester
Depends on margin
YesYes12-101-107
MassachusettsStateN/AYes54:135,A,B
MichiganRequesterYesYes168.879-894
MinnesotaState/Requester
Depends on margin
YesYes204C.35-361
MississippiNo requested recountsN/ANoN/A
MissouriRequesterMaybe[12]No115.601
MontanaState/Requester
Depends on margin
Maybe[13]No13-16-201-11
NebraskaRequesterYesYes32-1119,1121
NevadaRequesterYesNo293.403-405
New HampshireState/Requester
Depends on election type[14]
Varies[15]No660:1-16
New JerseyRequesterYesYes19:28-1,2,3
New MexicoRequesterYesYes1-14-14 to 25
New YorkUnclear[16]NoNo9-208
North CarolinaStateN/ANo163-182.7,182.7A
North DakotaRequesterNoNo16.1-16-01
OhioRequesterYesYes3515.01-072
OklahomaRequesterYesYes26-8-109 to 117
OregonRequesterYesYes258.006-300
PennsylvaniaRequesterYesYes3154g,3261-3
Rhode IslandUnclear[17]NoNo17-19-37.1
South CarolinaNo requested recountsN/ANo7-17-280
South DakotaStateN/AYes12-21-1 to 37
TennesseeNo requested recountsN/ANo2-17,18
TexasRequesterYesYes211 to 216
UtahState/Requester
Depends on requester[18]
NoNo20A-4-401
VermontStateN/ANo17-51-2601,2602
VirginiaState/Requester
Depends on margin
YesNo8-24.2-800 to 802.3
WashingtonRequesterYesYes29A.64
West VirginiaRequesterYesYes3-6-9
WisconsinState/Requester
Depends on margin
YesYes9.01 &5.90
WyomingRequesterYesNo22-16-109 to 114


State legislation

The table below lists bills related to recounts introduced during (or carried over to) Virginia'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

Footnotes

  1. Virginia Legislative Information System, "8-24.2-800 to 802.3," accessed September 24, 2025
  2. 2.02.1Code of Virginia, "§ 24.2-800. Recounts in all elections," accessed September 24, 2025
  3. 3.03.1Code of Virginia, "§ 24.2-802.3. Costs of the recount," accessed September 24, 2025
  4. Code of Virginia, "§ 24.2-801. Petition for recount; recount court," accessed September 24, 2025
  5. Code of Virginia, "§ 24.2-801.1. Petition for recount of election for presidential electors; recount court," accessed September 24, 2025
  6. Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 24, 2025
  7. Cardinal News, "5th District recount confirms McGuire’s victory over Good," August 1, 2204
  8. Verified Voting, "Arizona Recount Laws," accessed September 25, 2025
  9. A court may ordera recount under Arizona law.
  10. This category encompasses instances where the state government pays for recounts and those states where counties pay.
  11. 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.
  12. 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.
  13. 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.
  14. The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  15. 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.
  16. No mention in state law.
  17. No mention in state law.
  18. The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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