GeorgiaRecount Laws

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State Summary

Georgia does not have automatic recounts. A candidate may request a recount if the margin of victory between the candidate and winner is less than or equal to 0.5%. Election officials may also conduct a recount at their discretion if there appears to be a discrepancy or error in election returns. 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. Recounts are conducted by retabulation.

Counting Method

Retabulation only
Required hand count of a sample of ballots in addition to other counting methods

The recount 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

Election-Official Initiated Recounts: 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 Official Code of Georgia Annotated (O.C.G.A) § 21-2-495(a) & (b).

“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).

Close Vote Margin Options

Less than or equal to 0.5%
Initiated by request

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).

Candidate-Initiated Options

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).

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

No guidance

Georgia statute does not specify the cost for candidate-initiated recounts. However, according to the Office of the Georgia Secretary of State, for recounts authorized under Title 21, the petitioners are not responsible for any of the costs incurred by election officials.

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 will be open to the view of 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.

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