State Summary

New Jersey statute does not provide for automatic recounts. However, recounts can be requested by candidates and voters within 17 days of the election. There is no close vote margin requirement and no set deadline for the completion of the recount. Recounts in New Jersey are conducted by a mix of retabulation and electronic review.

Counting Method

Mix of retabulation and electronic review

For votes cast on direct-recording electronic machines (DREs) without a voter-verified paper audit trail, only an electronic review can be conducted. New Jersey calls this electronic review a "recheck" and it involves rechecking the DRE counters against the election officers' returns. N.J. Rev. Stat. § 19:52-6.1.
Paper ballots are to be retabulated following the guidelines in N.J. Rev. Stat. § 19:53A-8; however, the Superior Court has the ability to choose the counting method for paper ballots and may choose a hand recount. N.J. Rev. Stat. § 19:53A-14. In addition, the county board of elections may do a hand count if a retabulation is "impracticable." N.J. Rev. Stat. § 19:53A-8(d).

Initiating Mechanisms

Candidate-initiated
Voter-initiated

Close Vote Margin Options

New Jersey statute does not provide for a recount based upon close vote margins.

Candidate-Initiated Options

Candidate determines how many/which precincts to recount

In any election, any candidate who believes that an error has been made in the counting of the votes for that election may apply for a recount of the votes cast in any "district or districts." Candidates apply to the Superior Court assigned to the county in which the districts to be recounted are located. N.J. Rev. Stat. § 19:28-1.

Timing: N.J. Rev. Stat. § 19:28-1.

Voter-Initiated Options

Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions

Voters who believe that an error has been made in the counting of votes upon a public question may apply to a judge of the Superior Court for a recount. A minimum of ten voters is required to file the request. N.J. Rev. Stat § 19:28-1.

Timing: N.J. Rev. Stat § 19:28-1.

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

Each application for a recount must be accompanied by a deposit for each district to be recounted. The deposit amount is set by election officials but may not exceed $25 per district. The deposit is refunded if the recount alters the result of the election or changes the outcome in any district by more than 10 votes or 10%, whichever is greater. N.J. Rev. Stat. § 19:28-2.

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

Each application for a recount must be accompanied by a deposit for each district to be recounted. The deposit amount is set by election officials but may not exceed $25 per district. The deposit is refunded if the recount alters the result of the election or changes the outcome in any district by more than 10 votes or 10%, whichever is greater. N.J. Rev. Stat § 19:28-2.

Challengers and Observers

Party/candidate/initiator may appoint challengers; no guidance on observers; recount is public

All counting “shall be conducted under the observation of the public.” N.J. Rev. Stat § 19:53A-8(b). In addition, N.J. Rev. Stat. § 19:28-3 requires that recounts are to be conducted publicly.

Candidates and the chairman of the county committee of a political party have the ability to appoint two challengers who shall have "the right and power to challenge the counting or rejecting of any ballot or part of any ballot." N.J. Rev. Stat. §§ 19:7-1, 19:7-2, 19:7-5 and 19:53A-12. The appointment of or application for challengers needs to be filed with the county board not later than the second Tuesday preceding any election. N.J. Rev. Stat. § 19:7-3.

Rules for Determining Voter Intent

Statutory guidance provided

See sections N.J. Rev. Stat §§ 19:16-3 and 19:53:C-15.

Resources

New Jersey Division of Elections
2023 New Jersey Revised Statutes Title 19: Elections
New Jersey Statutes (unannotated)
New Jersey Administrative Code
Board of Elections Counting Guide, May 25, 2023
Board of Elections Vote-by-Mail Ballot Review Guide, May 2, 2024