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Trump will look to counts in Pennsylvania, Wisconsin and Georgia, where the apparent winner Biden is ahead by narrow margins.
President Donald Trump has said that he will seek recount in key states such as Pennsylvania, Wisconsin and Georgia, where seeming Democratic winner Joe Biden is ahead by narrow margins.
Most states allow candidates or voters to request a recount when the margin of victory is within a certain percentage of the vote. Challenging ballots that have been accepted and counted by state officials is difficult, but in some states it can provide a reason to go to court.
Here are the rules in key states governing ballot counts and challenges:
Pennsylvania
State law requires an automatic count when the margin is 0.5 percent or less. If the margin is above that, voters can petition a state court within five days to order counties to do a full or partial recount. The applicant must allege that errors occurred in the initial count.
Petitioners have to pay the costs of the recount, but can be reimbursed if fraud or substantial errors are found. The count of the November 3 elections should be completed by November 24.
Observers at any recount have the right to examine the ballots and voting machines and may raise objections that must be resolved by county officials subject to appeal to a court.
Georgia
State law does not provide for an automatic recount in Georgia, but candidates have the right to request a taxpayer-funded recount if the margin is 0.5 percent or less.
Candidates may also request the Georgia secretary of state for a recount by providing specific evidence of suspected errors or discrepancies. Partial counts are not allowed.
Georgia state law allows candidates to be present and parties to send representatives to observe a recount. The law does not specify the right to challenge ballots.
Georgia Secretary of State Brad Raffensperger told a Nov. 6 news conference that he expects Georgia to conduct a recount. [Dustin Chambers/Reuters]Wisconsin
Wisconsin state law does not require automatic recounts, but candidates can request one. Presidential counts must be requested from the Wisconsin Elections Commission within one day of the completion of the initial count and completed within 13 days.
If the margin is 0.25 percent or less, the state will pay the costs. If it is above that threshold, the applicant must pay. Costs are reimbursed if election results are changed.
Counts are done at the county level and must be done publicly. Local officials can choose to perform the count by machine or manually. The candidate or their representatives may object to the recount of any ballot and have the right to appeal the result in state court.
Michigan
Michigan state law provides for automatic recounts when the difference between candidates is less than 2,000 votes. Candidates can also request a recount from the Michigan secretary of state within 48 hours of recount and must allege “fraud or error” in specific jurisdictions.
Counts must be completed within 30 days and applicants must cover costs subject to possible reimbursement if the count changes the result. Partial counts are allowed.
Candidate representatives are allowed to observe the individual vote count and take notes of any challenge or objection in the proceedings file for argumentation before a scrutiny board.
Poll workers continued to count mail-in ballots after the 2020 presidential election in Philadelphia, Pennsylvania, on November 6, 2020. [Eduardo Munoz/Reuters]Nevada
State law does not provide for automatic counts in Nevada. A presidential candidate may petition the Nevada secretary of state for a recount within three days of the recount, regardless of the margin. Partial counts are not allowed.
The party requesting the recount must pay it and the state has 10 days to complete the recount. If the results are reversed, the costs of the count are reimbursed.
The parties can observe the vote count, but cannot contest or interfere.
Arizona
Arizona requires an automatic recount if the margin between the candidates is 0.10 percent of the total vote or less. Candidates cannot request a recount. There is no set deadline for completing a count.
The counting procedures must be carried out under the observation of the parties. No guidance for challenges is provided.
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