State Summary
In the District of Columbia, recounts are automatically initiated if the margin of victory is less than 1% of the total votes cast. Candidates and voters can request recounts. Election officials may also initiate a recount if there is evidence of a machine miscount or malfunction. District code does not specify a completion deadline for recounts. Recounts are conducted by retabulating ballots and hand counting those that are not machine-readable.
Counting Method
Mix of hand count and retabulation
Paper ballots are rescanned for the recount, and any ballots that are not machine-readable are counted by hand. District of Columbia Municipal Regulations (DCMR), Title 3, Section 3-816.7. The Board of Elections and Ethics may order a recount of ballots by hand when there is evidence of machine miscount or malfunction when it is necessary to "ascertain correct vote totals,” or when a recount petition is filed and “it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular precinct, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are pre-printed on the ballot.” DCMR 3-810.1.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated
Audit-initiated
Court-ordered
Court-Ordered Recounts: Court-ordered and voter-initiated recounts are not entirely separate processes. For a court to order a recount, a voter must first file for a review of the election results with the DC Court of Appeals. See "Voter-Initiated Options" section for more. District of Colombia Code (DC Code), Section 1-1001.11(b).
Timing: Recount requests must be made within seven days after the certification of the election results. DC Code § 1-1001.11(b)(1)
Audit initiated: Under certain circumstances, a post-election audit can escalate to a full recount of all precincts and centrally tabulated ballots. DC Code § 1-1001.09a(h).
Timing: Prior to the certification of the official election results, the Board shall publish and make available for inspection the results of the manual audit. DC Code § 1-1001.09a(j).
Election official-initiated: The Board of Elections and Ethics may order a recount of ballots by hand when there is evidence of machine miscount or malfunction, when it is necessary to "ascertain correct vote totals,” or when a recount petition is filed and “it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular precinct, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are pre-printed on the ballot.” DCMR 3-810.1.
Timing: The Board shall direct that the tabulation be conducted at a time that is practicable. DMCR 3-810.2.
Close Vote Margin Options
Less than or equal to 1%
Initiated automatically
Recounts are initiated automatically by a close vote margin for initiatives, referendums, recall measures, and “any election for President and Vice President of the United States, Delegate to the House of Representatives, Chairman of the Council, member of the Council, Mayor, Attorney General, or member of the State Board of Education.” The margin of victory must be “less than one percent of the total votes cast” for the office, initiative, referendum, or recall. DC Code § 1-1001.11(a)(2) and (a)(3).
Timing: Timing is not specified in code or regulation. Candidates for which the election is being recounted must be informed by the Board within two days following the decision to have the recount and public notice “shall be posted on the Board’s website at least 24 hours” before the recount begins. DCMR 816.4.
Candidate-Initiated Options
Candidate determines how many/which precincts to recount
Any candidate may file for a recount with the Board of Elections and Ethics. No restrictions are listed regarding the type of election in which a recount may be requested or limiting the eligibility of certain offices for a recount. DC Code § 1-1001.11(a)(1).
Timing: Recount requests must be made within seven days after the certification of the election results. DC Code § 1-1001.11(a)(1). Candidates for which the election is being recounted must be informed by the board within two days following the decision to have the recount while public notice of the recount “shall be posted on the Board’s website at least 24 hours” before the recount begins. DCMR 816.4.
Voter-Initiated Options
Voters may request recounts for offices
Voters may request recounts for initiatives/questions
Any person who voted in an election may file with the DC Court of Appeals to review the election results for an office, initiative, referendum, or recall election. As part of the review process, the Court may rule that a recount is necessary and order that the ballots be recounted. DC Code § 1-1001.11(b).
Timing: Requests for reviews must be filed within seven days after the certification of the election results. However, candidates for which the election is being recounted must be informed by the board within two days following the decision to have the recount while public notice of the recount “shall be posted on the Board’s website at least 24 hours” before the recount begins. DCMR 816.4.
Cost for Candidate-Initiated Recounts
Payor of costs depends on outcome
Candidates must pay a $50 deposit for each precinct included in the recount. The entire deposit is refunded if the result of the election is changed as a result of the recount. If the result of the election is not changed, the petitioning candidate is liable for the actual cost of the recount. DC Code § 1-1001.11(a)(1).
Cost for Voter-Initiated Recounts
Payor of costs depends on outcome
The voter requesting a review is not required to pay a specific deposit or fee for the recount, though they are liable for court costs. In addition, the Court can “require the losing party to reimburse the prevailing party for reasonable attorneys' fees and other costs associated with the case, but shall not exercise this authority if it finds that the reimbursement would impose an undue financial hardship on the losing party.” DC Code § 1-1001.11(b)(5).
Challengers and Observers
Party/candidate/initiator may appoint observers and challengers; recount is public
Statute specifies that the Board of Election and Ethics must ensure that each candidate for an office subject to a recount may designate watchers to be present while the recount is conducted, or in the case of an initiative, referendum, or recall measure, ensure that members of the public may be present while the recount is conducted. DC Code § 1-1001.11(a)(4)(C). In addition, candidates or organizational groups in support of or opposition to a ballot question shall be permitted to have no more than two (2) poll watchers at all phases of the recount, regardless of whether the candidate properly applied for poll watcher credentials pursuant to § 706. DCMR 3-816.5. Candidates may also observe the recount in addition to their assigned poll watchers. The rules also specify that, space permitting, members of the public shall also be given access to the place where the recount will occur. DCMR 3-816.6 and DCMR 3-706.
Observers and poll watchers may challenge ballots. “Any poll watcher or election observer who is uncertain whether a ballot is partially or totally invalid may refer the ballot to the Executive Director, or his or her designee, for a determination.” DCMR 3-802.3.
Rules for Determining Voter Intent
Rules for determining voter intent are provided in DCMR 3-803.
Resources
DCMR 3-706
DCMR 3-802
DCMR 3-803
DCMR 3-810
DCMR 3-816
DC Code § 1-1001.09
DC Code § 1-1001.11