As hard as local officials may prepare, elections cannot always be decided the day that ballots are cast. As the D.C. area was reminded during some of the area’s primary elections over the summer, there are times when results are too close to call. 

With the general election coming up in under a week, there is a chance we could see recounts play out in D.C., Maryland, or Virginia. At least one major candidate, Del. Dan Cox, the Republican running for governor in Maryland, has already gone to great lengths to challenge the way the state conducts elections. Cox, who, according to a poll conducted by the Baltimore Sun and the University of Baltimore, is trailing 31 points behind Democrat Wes Moore, also will not answer directly whether he plans to accept the results of the election.

At its core, an election recount is the same process with the same goal— determining exactly how many votes each candidate got — but not all states approach recounts the same way. 

Here is what you can expect to see from election recounts in Maryland, Virginia, and D.C.

MARYLAND

The Democratic primary for the Montgomery County Executive race offered a glimpse into what a recount looks like in the state. In that instance, runner-up David Blair requested a manual recount after incumbent County Executive Marc Elrich bested him by a mere 35 votes. In that case, Blair had the right to request the recount without additional fees because the margin between Elrich and he fell within 0.25% or less, the amount required for the Board of Elections to cover the costs.

According to the State Board of Elections, petitions for recount in Maryland may only be filed if the difference between two candidates is 5% or less. A candidate who requests a recount  must specify whether they would like the votes from every precinct recounted or from specific precincts recounted, and they must file the petition within three days of the election results being called. 

Counterpetitions can also be filed, but must be done so within two days of the recount being ruled appropriate.

The candidate must also specify how they want the recount performed. The first option entails a manual recount of everything (printed reports from early voting, election day, and the mail-in and provisional ballot canvasses; in addition to “reports from precinct tabulators and high speed scanners.”) The second option involves rescanning ballots. The third and fourth options involve manual recounting just paper ballots and ballot images, respectively.

Typically, the candidate who requests a recount is responsible for paying for it. But there are four situations in which a candidate is not liable for the expense. First, like with the Blair-Elrich race, if the margin of difference between the two closest candidates is 0.25% or less of the votes cast, the election board will cover the cost. The board will also cover the cost if the election outcome changes after the recount, or if the petitioner gains 2% or more of the total votes cast for the contest after the recount is completed.

Ballot questions are also subject to these recount rules.

VIRGINIA

Virginia’s approach to recounts made national headlines in 2018, when Republican David Yancey defeated Democrat Shelly Simonds in House District 94 by a single vote after a recount in Newport News.

In Virginia, petitions for election recounts must be filed and served to the apparent winner within ten days of the state or electoral board certifying the results. Losing candidates may only file recount petitions if they were defeated within 1% of the winning candidate. If the losing candidate was a write-in candidate, the difference cannot exceed 5%.

A group of 50 or more voters may request a recount on a ballot question or measure if 50 votes or 1% of the total votes (whichever is greater) stands between those for and those against the question or measure.

After a petition is received and accepted, the chief judge of the circuit court where the petition was filed will notify the Chief Justice of the Supreme Court of Virginia, who will then convene a recount court to oversee the entire process. The court consists of the Chief Judge of the Circuit Court where the recount petition was filed and two judges appointed by the Chief Justice of the Supreme Court of Virginia.

After a preliminary hearing during which the rules for the process are set, the actual recount begins. First, ballots are rescanned; then, any returned ballots are hand counted; finally, any recounted ballot upon which the recount team cannot agree will be adjudicated by the three-judge court. Each candidate is allowed to have one observer per recount team, and the events are open to the public.

The state election board will not cover the cost of any voter-requested recount.

D.C.

Ever the odd one out, the District is the only area of the three to have an automatic recount procedure in place. This means the D.C. Board of Elections will automatically recount ballots when a candidate’s margin of victory is less than 1% of the total votes cast. This rule applies to local and national elections and ballot questions and referendums. In this case, the candidate is not charged for the recount.

But, candidates may also petition for ballot recounts as long as they do so within one week of the results of an election being certified. A candidate must request the recount in writing and specify the precincts where they want the recounts conducted. In return, the election board will inform the petitioner of the expected number of hours needed to complete the process and all associated costs, which will be refunded if the outcome ultimately changes as a result of the recount. 

During the recount process, paper ballots are re-scanned unless there is evidence to suggest there have been issues with ballot scanning machines.

In certain cases, a manual, hand recount may be ordered by the Board of Elections. If there is any indication that voting machines have been malfunctioning or when “it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular precinct, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are pre-printed on the ballot.” 

TIEBREAKER

Occasionally, but more often than you may think, an election will result in a tie.

In 2014, the D.C. ANC 1B06 seat race between Dyana Forester and David Gilliland resulted in a 204 to 204 tie. The winner was ultimately decided through a process called “drawing lots” which effectively means choosing a name from a hat.

This is the technique Virginia uses too, and how they ultimately declared Yancey the winner of the election in Newport News.

If a tie were to occur in a Maryland election, though, the resolution would not be so simple. The state constitution requires a special election be held when there is a tie.