State Summary
Pennsylvania statute requires an automatic recount for statewide candidates and ballot questions if the margin of victory is less than or equal to 0.5% of the total votes cast for that contest. Voters may request recounts by petitioning their county board or the Court of Common Pleas. Automatic recounts must be completed by noon on the first Tuesday following the third Wednesday after the election; count certification is delayed if a recount/recanvass is requested. Recounts are conducted through a mix of hand counting and retabulation (see “Counting Method” for details).
Counting Method
Mix of hand count and retabulation
The counting method is determined by the recount initiating mechanism.
If the recount is initiated by voters or county boards under 25 P.S., Chapter 14, Article XIV, 3154(e), or by the secretary of the commonwealth under 25 P.S. 3154(g), the following procedures apply: In counties “in which an election district uses an electronic voting system utilizing paper ballots,” the “County Board shall recount all ballots using manual, mechanical or electronic devices of a different type used for the specific election,” provided that all “ballots containing overvotes shall be counted manually.” 25 P.S 3154(e)(3).
“In a county in which an election district uses voting machines,” 25 P.S. 3154(e)(1), “recanvass[ing] [of] the vote cast on the machine” must be conducted. 25 P.S. 3154(e)(1)(i)(C). And “[i]n a county in which an election district uses paper ballots other than those used in conjunction with an electronic voting system,” 25 P.S. 3154(e)(2), “the ballot box of each district [shall] be opened and the vote in the ballot box . . . recounted” 25 P.S. 3154(e)(2)(i)(A).
If the recount is initiated by county boards under 25 P.S. 3154(b) due to the discovery of a ballot accounting and reconciliation error, then a manual count of the ballots is “authorized,” and will include a “recount of the ballots” in the ballot box: if “upon consideration by said return board of the returns before it from any election district and the certificates aforesaid, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of registered or enrolled electors in said election district or exceeds the total number of persons who voted in said election district or the total number of ballots cast therein, or, if it shall appear that the total number of partisan votes returned for any candidate or candidates for the same office or nomination at any primary exceeds the number of electors registered or enrolled in said district as members of that political party, or exceeds the total number of persons belonging to that party who voted in said district or the total number of ballots of that party cast therein, in any such case, such excess shall be deemed a discrepancy and palpable error, and shall be investigated by the return board, and no votes shall be recorded from such district until such investigation shall be had, and such excess shall authorize--(a) the summoning of the election officers, overseers, machine inspectors, and clerks to appear forthwith with any election papers in their possession; (b) the production of the ballot box before the return board, and the examination and scrutiny of all of its contents, and all of the registration and election documents whatever, relating to said district, in the presence of representatives of each party and candidate interested who are attending the canvass of such votes; and the recount of the ballots contained in said ballot box....” 25 P.S. 3154(b), (c) and (d).
If the recount is initiated by voters, 25 P.S. 3261(a), or by the secretary of the commonwealth, 25 P.S. 3261(a.1) and 3154(g), the ballot boxes will be opened and the entire vote of the election district will be counted. 25 P.S. 3261(a) and (a.1).
Initiating Mechanisms
Close vote margin
Voter-initiated
Election official-initiated
Election Official-Initiated Recounts: When a discrepancy is found in the reconciliation of the number of registered electors and the total vote, the county board is authorized to recount the ballots. See 25 P.S. 3154(b).
In districts using paper ballots electronically tabulated in the district, when a discrepancy is found in the comparison of the sealed and unsealed general returns, and the subsequent examination of the documentation, then the county board must recount the ballots. 25 P.S. 3154(d)(1) & (5).
In districts where electronically tabulated ballots are used in conjunction with central ballot tabulation, a discrepancy in the number of persons voting between the computer return sheets and the sealed general returns will require the county board to recount the ballots. 25 P.S. 3154(d)(1) & (4).
Moreover, county boards “shall conduct a recount or recanvass of all ballots cast” whenever “it shall appear that there is a discrepancy in the returns of any election district…” The county board may also conduct a recount or recanvass “of their own motion.” 25 P.S. 3154(e).
Timing: 25 P.S. 3154(f).
Close Vote Margin Options
Less than or equal to 0.5%
Initiated automatically
Close vote margin recounts are initiated by the secretary of the commonwealth and are only available for candidates or ballot questions “appearing on the ballot in every election district in [the] Commonwealth.” They are required when the margin is 0.5% or less of all votes cast for the office or ballot question. 25 P.S. 3154(g)(1).
Counties receive a reimbursement from the state for the recount. 25 P.S. 3154(g)(8).
Timing: 25 P.S. 3154(g)(2), (g)(5) & (g)(6).
Candidate-Initiated Options
While candidates cannot file a direct request for a recount, they may appeal the “order or decision of any county board regarding the computation or canvassing of the returns of any primary or election, or regarding any recount or recanvass thereof.” During the appeal process, the court may determine that a recount is necessary. 25 P.S. 3157.
Voter-Initiated Options
Voters may request recounts for offices
Voters may request recounts for initiatives/questions
Pennsylvania uses the term “election district” to identify a district, division or precinct, within which all qualified electors vote at one polling place.
Voters may initiate recounts with the county boards with a “petition of three voters of any district, verified by affidavit, that an error, although not apparent on the face of the returns, has been committed….” The county board shall then “conduct a recount or recanvass of all ballots cast.” 25 P.S 3154(e).
Voters may also initiate recounts in the Court of Common Pleas under 25 P.S. 3261(b). Voters may petition for a recount in any general, municipal, special or primary election, for either an office or a question. These recount requests must be made by a verified petition of at least three voters per precinct or election district. 25 P.S. 3261(a). Unless the recount initiators are alleging a particular act of fraud or error and offer evidence supporting the allegation, then the recount “shall include all election districts in which ballots were cast for the office in question” and that the initiators' petition “must be filed in each election district.” 25 P.S. 3263(a)(1).
Timing: For voter-initiated recounts under 25 P.S. 3261, see 25 P.S. 3263(a)(1) & 3261(f). For voter-initiated recounts under 25 P.S. 3154(e), see 3154(f).
Cost for Candidate-Initiated Recounts
Pennsylvania statute does not allow candidates to request a recount directly, however, they may file an appeal. See "Candidate-initiated options" for more.
Cost for Voter-Initiated Recounts
Payor of costs depends on outcome
In the case of voter-initiated recounts filed with the Court of Common Pleas, voters must either deposit $50 in cash or present a bond of $100 with their petition for a recount for each election district. 25 P.S. 3261(b). If “fraud or substantial error” is discovered during the course of the recount the bond is canceled or the deposit is returned to the petitioners. 25 P.S. 3261(d).
Challengers and Observers
Party/candidate/initiator may appoint challengers, no guidance on observers
There are no statutes requiring that recounts be conducted in public. However, in In re Reading School Bd. Election, 535 Pa. 32 (Pa. 1993), the court specifically mentioned that "the official returns shall be open to the public."
For recounts under 25 P.S. 3154(e), "each . . . candidate may be present in person, or by attorney, and each [party or political body affected by the recount or recanvass] may send two representatives to be present at such recount or recanvass."
For recounts ordered by the Secretary under 25 P.S. 3154(g), "A candidate affected by the recount and recanvass may be present, in person or by attorney, at the recount and recanvass” and “A party or body affected by the recount and recanvass may send two representatives to the recount and recanvass." 25 P.S. 3154(g)(4).
For recounts under court jurisdiction, where paper ballots are used, “each . . . candidate may be present at such recount, either in person or by his attorney or by his duly authorized representative…." 25 P.S. 3261(c).
“Any candidate, attorney or watcher present at any recount of ballots or recanvass of voting machines shall be entitled to examine the ballots, or the voting machine and to raise any objections regarding the same….” 25 P.S. 2650(c).
Rules for Determining Voter Intent
Guidelines for counting voter marks are provided in 25 P.S. 3063. See also the guidelines for counting irregular ballots in 25 P.S. 3155.
Resources
25 P.S. 2650
25 P.S. 3063
25 P.S. 3154
25 P.S. 3155
25 P.S. 3157
25 P.S. 3261
25 P.S. 3263
Directive and Procedures for Statewide Returns and Recounts
Guidance Concerning Court-ordered Recounts