State Summary
Alaska statute provides for an automatic recount in the event of a tie vote. In the event of a tie, the recount must begin immediately. A defeated candidate or 10 qualified voters can request a recount within five days (three days for gubernatorial races) of the state ballot counting review. Recounts must occur within five days of receiving the application (three days for gubernatorial races) and must be completed within 10 days. Recounts are primarily conducted by hand counting, but retabulation is permitted under certain circumstances (see “Counting Method” section for details).
Counting Method
Required hand count of a sample of ballots in addition to other counting methods
Mix of hand count and retabulation
For votes cast on direct-recording electronic machines, (DREs), the voter-verified paper audit trail (VVPAT) is the official ballot during a recount and must be counted by hand. If the VVPAT is not “available” or “readable,” an electronic review is conducted. See the Alaska Administrative Code, Title 6 (6 AAC), Chapter 25, Article 1, Rule 25.200. This rule also states that a recount may be conducted by retabulation as long as it includes a sample hand-count verification of the recount results from one precinct per house district; however, all ballots are reviewed by hand. "In conducting the recount, the director shall review all ballots...to determine which ballots, or part of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review." AS § 15.20.480.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Close Vote Margin Options
Initiated by request
Initiated automatically
A tie vote is the only vote margin that automatically initiates a recount in Alaska. AS § 15.15.460. If after a recount and appeal the candidates have been determined to have the same number of votes for office, the winner will be selected by lot. AS § 15.20.530.
See the cost sections for Candidate and Voter-initiated recounts below for a description of the close-vote-margin recounts available by request.
Timing: In the case of a tie vote, the Director of Elections is required to “immediately proceed with the recount. AS § 15.15.460.
Candidate-Initiated Options
Candidate determines how many/which precincts to recount
Any defeated candidate may request a recount. There are no restrictions on the type of election in which a recount may be requested or limiting the eligibility of certain offices for a recount. Note the different filing deadlines. The deadline for the offices of governor and lieutenant governor is within three days after the completion of the review. The deadline for other candidates is within five days after the completion of the review. AS § 15.20.430. The recount application must state “in substance the basis of the belief that a mistake has been made” and state the particular election precinct or house district for which the recount is to be held as well as the particular office for which the recount is to be held. AS § 15.20.440.
Timing: AS § 15.20.430, AS § 15.20.460, and AS § 15.20.480.
Voter-Initiated Options
Voters determine how many/which precincts to recount
Voters may request recounts for offices
Voters may request recounts for initiatives/questions
Voters may request a recount for propositions, ballot questions and offices, but a minimum of ten qualified voters is needed to make the request within five days after the completion of the state review. There are no restrictions on the type of election in which a recount may be requested or limiting the eligibility of certain offices for a recount. AS § 15.20.430. The recount application must state “in substance the basis of the belief that a mistake has been made” and state the particular election precinct or house district for which the recount is to be held as well as the particular office, proposition, or question for which the recount is to be held. AS § 15.20.440.
Timing: AS § 15.20.430, AS § 15.15.460, and AS § 15.20.480.
Cost for Candidate-Initiated Recounts
Paid entirely by initiator
Payor of costs depends on outcome
The initiator must pay a deposit of $1,000 for each precinct, $2,000 for each house district, or $15,000 for the entire state. "[i]f ... the difference between the number of votes cast ... was less than .5 percent of the total number of votes cast for the two candidates for the contested office, or a question or proposition for which ... the difference between the number of votes cast in favor of or opposed to the issue was 20 or less or was less than .5 percent of the total votes cast in favor of or opposed to the issue, the application need not include a deposit and the state shall bear the cost of the recount." AS § 15.20.450.
The cost is paid entirely by the initiator unless the vote total changes by four percent or more in favor of the initiator, or if the recount changes the outcome of the election, in which case the deposit will be refunded.
Cost for Voter-Initiated Recounts
Paid entirely by initiator
Payor of costs depends on outcome
The costs and the statutory provision for voter-initiated recounts are the same as for those initiated by candidates. See above.
Challengers and Observers
Party/candidate/initiator may appoint observers, no guidance on challengers
While AS § 15.20.470 mandates notification of candidates, initiators, their representatives, and “other directly interested parties,” it does not mandate notifying the public. We did not find any statute requiring that the recount be conducted publicly.
AS § 15.20.440 allows recount initiators two representatives, one of whom may be the initiator, to “be present and assist during the recount.” Subsection (b) also allows for observers for "candidates, political parties, or organized groups having a direct interest in a recount.” There is no mention made of these observers having the ability to challenge ballots. However, AS § 15.20.480 suggests that challenges to ballot interpretations do happen. It states that the “rules in AS § 15.15.360 governing the counting of ballots shall be followed in the recount when a ballot is challenged on the basis of a question regarding the voter’s intent to vote for the candidate, proposition, or question.” In addition, the Recount Handbook, published by the Alaska Division of Elections, states that the “Director of the Division of Elections is the final authority at the recount. If any candidate or representative disagrees with the determination made by the Director, the ballot is placed in a separate envelope with the name of the challenger, the ballot’s district and/or precinct number, and the name of the candidate for which the ballot was counted written on the outside.”
Finally, according to 6 AAC 25.200, “all recounts will be conducted in the director’s office or at another site in Juneau, selected by the director.”
Rules for Determining Voter Intent
Alaska statute provides a detailed set of rules for interpreting voter intent. AS § 15.15.360. See also the pictorial examples for interpreting voter intent on page 9 in the Recount Manual.
Resources
Alaska Statutes - Title 15 - Elections
Alaska Administrative Code - Recounts
Alaska Division of Elections