State Summary
Georgia has several types of recounts under statute.
Georgia has automatic hand recounts for a specific set of contests if the margin of victory between the candidate and winner is less than or equal to 0.5%. This recount has no hard deadline, but counties will be reimbursed by the state for their costs if completed within 17 days of the call.
A candidate in any contest may request a recount if the margin of victory between the candidate and winner is less than or equal to 0.5%. Requests for recounts must be submitted within two business days following the certification of election results. State statute does not specify a completion deadline for recounts. Candidate-initiated recounts are conducted by retabulation.
Election officials may also conduct a recount at their discretion if there appears to be a discrepancy or error in election returns. Amendments and binding referendum questions are also eligible for recounts in a close margin contest. State Election Board rules also allow for a recount via court order.
Counting Method
Required hand count of a sample of ballots in addition to other counting methods
Mix of hand count and retabulation
The counting method used during a recount is determined by the initiating mechanism.
Automatic recounts must be conducted manually, and if counties complete the recount within 17 days of the order from the Secretary of State, they will be reimbursed for those costs. Official Code of Georgia Annotated (O.C.G.A) § 21-2-495(d.1)(1).
Candidate-initiated recounts must be conducted by retabulating all ballots utilizing ballot scanners. See the Rules and Regulations of the State of Georgia (Rule) 183-1-15-.03(1)(b). Prior to the retabulation, the ballot scanners must be tested for accuracy, and will not be authorized for use during the recount if there are discrepancies in the test results that cannot be resolved. When there are unresolved discrepancies in the testing, the recount will be conducted by manual hand count. Rule 183-1-15-.03(1)(c). The only other mechanism for a manual recount is by court order. Rule 183-1-15-.03(2)(a).
Initiating Mechanisms
Close vote margin
Candidate-initiated
Election official-initiated
Court-ordered
Candidate-initiated: Via petition, a candidate can request a recount in any contest in any election so long as the margin of victory is 0.5% or less. A petition can also be submitted for any contest voted on by electors in multiple counties if they feel an error was made or there is some discrepancy. Evidence must be provided as part of such a petition.
Election-Official Initiated: In precincts where paper ballots or scanning ballots have been used, the superintendent of elections may, at his or her discretion, order a recount of the ballots whenever there appears to be any discrepancy or error in the returns. See the O.C.G.A § 21-2-495(a) & (b).
Close Vote Margin Options
Less than or equal to 0.5%
Initiated by request
Initiated automatically
Automatic: If a general election contest for the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor (known as “qualified contests”) appears in the first or second position on the ballot and the margin of victory is 0.5% or less, “no later than two business days following the date for certification of the election results required by subsection (k) of Code Section 21-2-493, the Secretary of State shall direct that a manual recount of all ballots cast in such qualified contest be performed in all counties.” O.C.G.A § 21-2-495(d.1)(2).
Candidate-initiated: A candidate has a right to a taxpayer-funded recount “whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than one-half of 1 percent of the total votes which were cast for such office….” The recount requires a petition. O.C.G.A § 21-2-495(c)(1).
“Whenever the difference between the number of votes for approval or rejection of a constitutional amendment or binding referendum question shall be not more than one-half of 1 percent of the total votes which were cast on such amendment or question therein, within a period of two business days following the certification of the election results, the Constitutional Amendments Publication Board shall be authorized in its discretion to call for a recount of the votes cast with regard to such amendment or question.” O.C.G.A § 21-2-495(c)(2).
Candidate-Initiated Options
Close vote margin required
Candidate determines how many/which precincts to recount
Party official may also petition for candidate
In precincts where paper ballots have been used, the superintendent may upon petition of any candidate or political party order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error has been made. O.C.G.A § 21-2-495(a).
Additionally, a candidate for a federal or state office, voted upon by the electors of more than one county, may petition the secretary of state for a recount or recanvass of votes when it appears that a discrepancy or error has been made. The petition must set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and be verified. O.C.G.A § 21-2-495(d).
Voter-Initiated Options
Georgia statute does not provide for voter-initiated recounts.
Cost for Candidate-Initiated Recounts
Paid entirely by state/county
No guidance
Georgia statute does not specify the cost for candidate-initiated recounts. However, if the recount petition was submitted because of a 0.5% margin of victory or less, the costs are to be taxpayer-funded. O.C.G.A § 21-2-495(c)(1).
Cost for Voter-Initiated Recounts
Georgia statute does not provide for voter-initiated recounts.
Challengers and Observers
Party/candidate/initiator may appoint observers; no guidance on challengers; recount is public
The recount must be open to the public. Rule 183-1-15-.03(1)(d).
Each candidate “may be present in person or by representative,” and each party “may send two representatives to be present....” There is no reference to the right of these representatives to challenge ballots. O.C.G.A § 21-2-495(a) and (b).
Rules for Determining Voter Intent
Rules for determining voter intent can be found in O.C.G.A. § 21-2-437, 21-2-435(b), and Rule 183-1-15-.02.
Resources
Ga. Comp. R. & Regs. r. 183-1-15-.02
Ga. Comp. R. & Regs. r. 183-1-15-.03
O.C.G.A. § 21-2-435
O.C.G.A. § 21-2-437
O.C.G.A. § 21-2-495