State Summary
Candidates have the right to a taxpayer-funded, close-vote-margin recount when the difference between the winning and losing candidate is 2% or 5% or less (percentage depending on the contest) of the total votes cast for all candidates, divided by the number of people to be elected. Petitions for recounts must be filed within seven calendar days after the election. Any registered voter may, within 10 days after the election, request a recount for ballot questions if the margin by which the ballot question passed or failed is less than 5% of the total votes cast on the question. Recounts must be completed within five (primary) or 10 (general) business days after receiving a recount petition. Recounts are conducted primarily by retabulation, except that ballots unable to be read by a ballot scanner are hand counted. For local elections, recounts initiated by candidates are counted in a similar manner as votes were counted on Election Day—this may be by hand count.
Counting Method
Mix of hand count and retabulation
Recounts initiated by candidates for primary and general elections are conducted primarily by retabulation. See Vt. Stat. Ann. tit. 17, § 2602e. Ballots are reviewed for markings of voter intent and those ballots that are deemed not readable by the tabulator are hand counted. Vt. Stat. Ann. tit. 17, § 2602e(a)–(b), (d). The remaining ballots are retabulated. Vt. Stat. Ann. tit. 17, § 2602e(c)(2); Vt. Stat. Ann. tit. 17, § 2602f.
The same ballot scanner or memory card used in any local, primary, or general elections cannot be used in a recount of that election. Vt. Stat. Ann. tit. 17, § 2493(c).
For local elections, recounts initiated by candidates are counted in a similar manner as votes were counted on Election Day. Vt. Stat. Ann. tit. 17, § 2685(a)(1). Under certain conditions, a candidate may request that the recount be conducted by retabulation. Vt. Stat. Ann. tit. 17, § 2685(a)(2). For local elections, when recounts are initiated by voters, the procedures are the same as candidate contest recounts. Vt. Stat. Ann. tit. 17, § 2688(b).
The counting procedures for recounts of non-local elections are found in Vt. Stat. Ann. tit. 17, §§ 2602a–2602h, while the counting procedures for recounts of local elections are found in Vt. Stat. Ann. tit. 17, §§ 2685 and 2685a.
According to the Vermont Office of the Secretary of State, the results of a recount are binding.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated
In the event of a tie vote for elections other than local elections, the canvassing committee petitions the appropriate Superior Court for a recount following the same guidelines as those for candidates. Vt. Stat. Ann. tit. 17, § 2592(l)(1).
Petitions for recounts must be filed within seven calendar days after the election with the appropriate Superior Court. Vt. Stat. Ann. tit. 17, § 2602(b); see also Vt. Stat. Ann. tit. 17, § 2602a.
Close Vote Margin Options
Varies by election contest
Initiated by request
Candidates for state, county, and local elections, as well as registered voters (for local ballot questions only) have the right to a taxpayer-funded, close-vote-margin recount under the circumstances listed in the candidate-initiated and voter-initiated options below. See Vt. Stat. Ann. tit. 17, § 2601. The initiation of the recount requires the filing of a petition, which must be filed with the appropriate Superior Court within seven days after the election. Vt. Stat. Ann. tit. 17, § 2602(b). Recounts must be completed within five (primary) or 10 (general) business days after receiving a recount petition. Vt. Stat. Ann. tit. 17, § 2602(c)(1).
Candidate-Initiated Options
Close vote margin required
In an election for statewide office, county office, or state senator, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is 2% or less of the total votes cast for all candidates, divided by the number of people to be elected, the losing candidate has the right to a recount. Vt. Stat. Ann. tit. 17, § 2601(a)(1).
In an election for state representative, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is 5% percent or less of the total votes cast for all candidates, divided by the number of people to be elected, the losing candidate has the right to a recount. Vt. Stat. Ann. tit. 17, § 2601(a)(2).
For local elections, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is 5% or less of the total votes cast for all candidates, divided by the number of people to be elected, the losing candidate has the right to a recount. Vt. Stat. Ann. tit. 17, § 2683(b).
Candidates for local office may request a recount by filing a written request with the municipal clerk within 10 days after the election. Vt. Stat. Ann. tit. 17, § 2683(a); Vt. Stat. Ann. tit. 17, § 2684. For all other elections, a petition must be filed with the appropriate Superior Court within seven calendar days after the election. Vt. Stat. Ann. tit. 17, § 2602(b).
Voter-Initiated Options
Close vote margin required
Voters may request recounts for initiatives/questions
For local elections, any registered voter, or in the case of a union school district, at least one registered voter from each member of the union district, may request a recount for ballot questions, if the margin by which the ballot question passed or failed is less than 5% of the total votes cast on the question. Vt. Stat. Ann. tit. 17, § 2688(a).
Requests must be filed with the municipal clerk within 10 days after the vote. Vt. Stat. Ann. tit. 17, § 2688(b).
Cost for Candidate-Initiated Recounts
Paid entirely by state/county
All recount costs are paid by the state. There is no charge to recount petitioners. Vt. Stat. Ann. tit. 17, § 2602i(b).
Cost for Voter-Initiated Recounts
Paid entirely by state/county
All recount costs are paid by the state. There is no charge to the petitioners. Vt. Stat. Ann. tit. 17, § 2602i(b).
Challengers and Observers
No guidance on challengers or observers; recount must be public
For recounts involving statewide offices, county offices, state senator or state representative, the candidates may not appoint challengers, but they may submit a list of at least 10 nominees for individuals to serve on the recount committee, which assists in the recount. In making the appointments to the committee, the Superior Court appoints to an equal number of individuals representing each candidate, to the extent practicable. Vt. Stat. Ann. tit. 17, § 2602a.
For recounts involving local elections, there are no provisions for candidates to appoint individuals to serve on a recount committee. See Vt. Stat. Ann. tit. 17, § 2685a. However, the petitioner, the opposing candidates, and their designated representatives may inspect the ballots and observe the recount under the guidance of the board. Vt. Stat. Ann. tit. 17, § 2685(b).
For recounts on local ballot questions, the petitioner and their designated representative, plus a voter representing the other side of the question and their designated representative may inspect the vote and observe the recount under the guidance of the board of civil authority. Vt. Stat. Ann. tit. 17, § 2688(c).
Recounts are open to the public. Those who are not participating in the recount must be permitted to view its progress. Vt. Stat. Ann. tit. 17, § 2602c(a)(1)(B); Vt. Stat. Ann. tit. 17, § 2685a(h)(2).
Rules for Determining Voter Intent
Basic statutory guidelines for voter intent, can be found in Vt. Stat. Ann. tit. 17, § 2587 and in 04-003 Code Vt. R. 04-010-003-X. Rules for determining voter intent are provided by the secretary of state and are listed in the Elections Procedures Manual (Appendix K).
Resources
Vt. Stat. Ann. tit. 17, § 2601
Vt. Stat. Ann. tit. 17, § 2602
Vt. Stat. Ann. tit. 17, § 2602a
Vt. Stat. Ann. tit. 17, § 2602b
Vt. Stat. Ann. tit. 17, § 2602c
Vt. Stat. Ann. tit. 17, § 2602d
Vt. Stat. Ann. tit. 17, § 2602e
Vt. Stat. Ann. tit. 17, § 2602f
Vt. Stat. Ann. tit. 17, § 2602h
Vt. Stat. Ann. tit. 17, § 2602i
Vt. Stat. Ann. tit. 17, § 26083
Vt. Stat. Ann. tit. 17, § 26085a
04-003 Code Vt. R. 04-010-003-X