State Summary
Ohio statute provides for an automatic recount when the margin of victory is less than or equal to 0.25% in a statewide contest or less than or equal to 0.5% for district, county, and municipal contests. A recount can be requested at the cost of the requester within five days after election certification with no specific margin of victory required. A recount can be requested by a candidate who was not nominated or elected in a race or by a group of five or more registered voters who voted opposite to the certified result of a question or issue. Both automatic and requested recounts must be completed within 10 days after the recount is ordered or requested. If the recount is for a presidential general election, the recount must be completed no later than six days before the meeting of the Electoral College. Recounts in Ohio are conducted through a mix of hand counting and retabulation.
Counting Method
Required hand count of a sample of ballots in addition to other counting methods
Mix of hand count and retabulation
Mix of hand count and retabulation
Required hand count of a sample of ballots in addition to other counting methods
Election officials are required to randomly select precincts whose votes together equal 5% of the total votes cast for the office.
In the randomly selected precincts with optical scan voting machines, the ballots will be hand counted and then run through the optical scan tabulator. The electronic results of this retabulation are compared with the hand count tally. If the electronic results and the hand count tally are identical, the recount proceeds by retabulating “each ballot from each precinct on which the candidate contest, question or issue to be recounted appears…” Election Official Manual (EOM), Chapter 11, Section 11.02 p. 335.
If there is a difference between the hand count tally and the electronic results, then election officials must complete a verification process to determine the source of this difference. “If, after three rounds of hand-tallying the ballots for each randomly selected precincts still do not match, all ballots on which the candidate contest, question or issue to be recounted appears shall be hand-tallied.” EOM, Chapter 11, Section 11.02. p. 335.
In the randomly selected precincts with DREs, a hand count of the VVPATs is compared to the electronic summary of the initial election results. If there is a difference between the hand count and the electronic summary, election officials must complete a verification process to determine the source of this difference. “If, after three rounds of hand tallying, the VVPAT for that DRE still does not match, the final hand tally of the VVPAT for that DRE shall be the recounted tally for that candidate contest, question, or issue.” EOM, Chapter 11, Section 11.02. p. 338.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Close vote margin
Candidate-initiated
Voter-initiated
Close Vote Margin Options
Less than or equal to 0.5%
Less than or equal to 0.25%
Varies by election contest
Initiated automatically
Less than or equal to 0.5%
Less than or equal to 0.25%
Varies by election contest
Initiated automatically
If the number of votes cast in any district, county or municipal election for the declared winning nominee, candidate, question, or issue does not exceed the number of votes cast for the declared defeated nominee, candidate, question, or issue by a margin of one-half of one per cent or more of the total vote, the appropriate board of elections shall order a recount. Ohio Rev. Code § 3515.011.
If the number of votes cast in any statewide election for the declared winning nominee, candidate, question, or issue does not exceed the number of votes cast for the declared defeated nominee, candidate, question, or issue by a margin of one-fourth of one percent or more of the total vote, the secretary of state shall order a recount. Ohio Rev. Code § 3515.011.
Details on calculating the close vote margin can also be found in EOM, Chapter 11, Section 11.02 pp. 323-324.
Timing: Ohio Rev. Code § 3515.03. Separate timing requirements are set out for recounting votes for presidential electors. Ohio Rev. Code § 3515.041.
Candidate-Initiated Options
Candidate determines how many/which precincts to recount
Candidate determines how many/which precincts to recount
Any candidate who received votes in a general, special, or primary election but was not declared the winner or nominee may request a recount, for any or all of the precincts in which their office was voted upon. Ohio Rev. Code § 3515.01. The apparent winning candidate may also file for a recount for any precincts not included in the apparent defeated candidate's request, but only if the recount has altered the election results. Ohio Rev. Code § 3515.06.
Voter-Initiated Options
Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions
Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions
Any five voters may together request a recount for either a ballot question or issue. Voters must state whether they voted "Yes" or "No" on the ballot question or issue. Ohio Rev. Code § 3515.01. Additional groups of five voters may request a recount for any precincts not included in the original request, if the recounting has altered the election result. Ohio Rev. Code § 3515.02.
Timing: The application for a recount must be filed within five days after results are declared. Ohio Rev. Code § 3515.02.
Cost for Candidate-Initiated Recounts
Payor of costs depends on outcome
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Recount applications, whether initiated by voters or by candidates, are to be accompanied by a $70 per precinct deposit. Actual expenses are later calculated by election officials and deducted from this deposit. EOM, Chapter 11, Section 11.02 pp. 325-326.
If a gain of 4% or more of the votes cast in a given precinct is made in favor of the recount applicant, the applicant will not be charged for that precinct. If the outcome of the election is decided in favor of the applicant, no costs for any precincts will be charged to the applicant. Ohio Rev. Code § 3515.07.
Cost for Voter-Initiated Recounts
Payor of costs depends on outcome
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Recount applications, whether initiated by voters or by candidates, are to be accompanied by a $70 per precinct deposit. Actual expenses are later calculated by election officials and deducted from this deposit. EOM, Chapter 11, Section 11.02. pp. 325-326.
If a gain of 4% or more of the votes cast in a given precinct is made in favor of the recount applicant, the applicant will not be charged for that precinct. If the outcome of the election is decided in favor of the applicant, no costs for any precincts will be charged to the applicant. Ohio Rev. Code § 3515.07
Challengers and Observers
Party/candidate/initiator may appoint observers, no guidance on challengers
No statutory guidance for recount challengers
Party/candidate or initiator has statutory authority to appoint observers
Any applicant for a recount, and any candidate for whom votes were cast for such an office, is entitled both to “attend and observe the recount,” and to “have any person whom the candidate designates attend and observe the recount.” Ohio Rev. Code § 3515.03. Voters filing for a recount on a question or issue must designate a chairman to represent their group, and both the chairman and a designated attorney may request that they be allowed to attend and observe the recount. Ohio Rev. Code § 3515.03. Ohio statute also specifies that recounts may arise during an election contest, and that both the contestor and contestee may appoint one observer to attend and view the recount. Ohio Rev. Code § 3515.13. Ohio does not require that recounts be conducted publicly, and instead limits observers to persons identified in Ohio Rev. Code § 3515.03. Media representatives are permitted to attend a recount. Ballots may be handled only by boards of election members, directors, deputy directors, or other designated employees of the boards. EOM, Chapter 11, Section 11.02, p. 327. See also the rules for observers in the EOM, Chapter 9, Section 9.08 p. 280.
Rules for Determining Voter Intent
Statutory guidance provided
Guidelines for determining voter intent on optical scan ballots can be found in Ohio Rev. Code § 3506.21.
Resources
Ohio Revised Code - Title 35 - Elections
Ohio Secretary of State Elections Division
Election Official Manual
Secretary of State Directives