State Summary
Rhode Island does not have automatic recounts. Candidates may request recounts for contests within a specified close vote margin (see “Candidate-Initiated Options” for details). Election officials may conduct recounts at their discretion if there appears to be a discrepancy or error in election returns. Voters cannot request a recount for candidate contests, however, with recognized standing, a person, group, or organization may request either retabulation or electronic review of a ballot question contest if a close vote margin requirement is satisfied (see “Voter-Initiated Options” for details). Statute does not specify a deadline for recounts. Recounts are conducted through a mix of hand counting (for write-in candidate requestors only), retabulation, and electronic review.
Counting Method
Mix of hand count, retabulation and electronic review
Although Rhode Island uses paper ballots tabulated by optical scanners, only write-in candidates are allowed to request a hand recount. Rhode Island General Laws (R.I. Gen Laws) Section 17-19.37.2(2). Other candidates, as well as voters initiating recounts on questions, may request only machine retabulations, R.I. Gen. Laws Sections 17-19.37.1(1) & (2), and 17-19.37.3(1)(b), and electronic reviews (conducted “by re-reading the programmed memory device or devices and comparing the results and totals obtained at such recount with the results and totals obtained on election night”), R.I. Gen. Laws Sections 17-19.37.1(3) and 17-19.37.3(1)(a) & (2).
The method available to the petitioner depends on the margin of victory in the election. R.I. Gen. Laws Sections 17-19.37.1 and 17-19.37.3.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated
Election Official Initiated:
Election officials may initiate recounts in primaries: “Nothing in this chapter shall be construed to prevent the state board, acting on its own motion, from ordering a recount or taking appropriate action in response to any error, irregularity, or impropriety in the conduct of any facet of the primary which comes to its attention at any time prior to the certification of the results of the primary.” R.I. Gen. Laws Section 17-15.34.
For general elections, “At any time prior to the certification of the results of a particular election, the state board of elections may, upon its own motion, investigate any allegation of error, irregularity, or impropriety in the conduct of any facet of the election which comes to its attention and may, upon its own motion, take appropriate action based upon the findings of the investigation." R.I. Gen. Laws Section 17-22-5.1.
Close Vote Margin Options
Varies by election contest
Rhode Island statute specifies different close vote margins required for requesting a recount based on the election contest. See "Candidate-Initiated Options" for more.
Candidate-Initiated Options
Close vote margin required
Rhode Island statutes divide candidates into those for “public office” and those for “non-public office” (such as political party offices). The statutes specify that both “a candidate for election or nomination for election to public office” and “a candidate for any office other than a public office” may request recounts. However, there is a close vote margin requirement which varies depending on the number of candidates to be elected to the office and the number of votes cast. For a list of the vote margin requirements for candidates seeking public office, see R.I. Gen. Laws Section 17-19-37.1. For a list of the vote margin requirements for candidates seeking non-public offices, see R.I. Gen. Laws Section 17-19-37.3(2).
Restrictions on Counting Method for Candidate-Initiated Recounts:
Candidates for public office who meet the specified close vote margin requirement of Section 17-19-37.1(1) & (2) may request only a machine retabulation, not a hand recount, of the ballots cast. Candidates for public office who do not meet the close vote margin requirements, but who trail the apparent winning candidate by 5% or less of the total votes cast for the respective office, may request an electronic review, but not a retabulation or hand count. R.I. Gen. Laws Section 17-19-37.1(3).
Recounts requested by candidates in presidential primaries may only be conducted by the re-reading of the programmed memory devices; there is no provision for a hand count or a machine retabulation. As with other contests, there is a close vote margin requirement; in this case, the difference must be two hundred votes or less. R.I. Gen. Laws Section 17-12.1-14.
The only candidates who may request a hand recount are write-in candidates for public office. These candidates must meet the close vote margin requirement that applies and must also receive “a minimum of ten (10) votes or one percent (1%) of the votes cast in the race, whichever is greater.” R.I. Gen. Laws Section 17-19-37.2.
Timing: For primary elections see R.I. Gen. Laws Section 17-15-34. For general elections see R.I. Gen. Laws Sections 17-19.36 and 17-19.37. For additional details on timing, see the Rhode Island Board of Elections' Guide to Election Recounts.
Voter-Initiated Options
Close vote margin required
Voters may request recounts for initiatives/questions
There are no provisions by which voters may request a hand recount. However, a person, group, or organization “of ‘recognized standing' regarding a ballot question” may request either a retabulation or an electronic review for that question, depending on the margin of victory. The close vote margin requirement varies depending on the number of votes cast in the election. The vote margin must be 2% or less for elections where fewer than 100,000 votes are cast, and 1% or less where 100,000 votes or more are cast. If the initial vote margin is less than 0.5% or 500 votes, whichever is less, or if after the electronic review, the new results show that the vote margin meets either of those requirements, a retabulation may occur. R.I. Gen. Laws Sections 17-19.37.3(1)(a) and (b).
Timing: See page 1 of the Guide to Election Recounts.
Cost for Candidate-Initiated Recounts
No guidance
Rhode Island statute does not specify a cost for candidate-initiated recounts.
Cost for Voter-Initiated Recounts
No guidance
Rhode Island statute does not specify a cost for voter-initiated recounts.
Challengers and Observers
Party/candidate/initiator may appoint observers; no guidance on challengers; recount is public
Candidates and/or their representatives may be present at recounts, and “the public and members of the media are invited to observe the proceedings.” See page 2 of the Guide to Election Recounts.
Rules for Determining Voter Intent
Rhode Island statute does not specify rules regarding voter intent. However, the State Board of Election's document on rules “relating to tabulation of mail ballots” states: “Voter intent may be determined if the voter circled, checked or made any other distinguishing marks next to a candidate’s name.” See page 2 of the Guide to Mail Ballot Tabulation.
Resources
Rhode Island General Laws - Title 17 - Elections
Rhode Island Board of Elections