Georgia Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

DREs without VVPAT For more details, visit Verified Voting. In 2006 Georgia completed a pilot program using voter-verified paper audit trails (VVPATs) with their direct-recording electronic systems (DREs); still, there is no plan to implement the use of VVPATs throughout the state. Details on the pilot program can be found by visiting http://www.sos.ga.gov/elections/electronic_voting/VVPAT.htm. Attempts have been made to pass legislation in Georgia eliminating the use of DRE systems. Visit the Georgia General Assembly's website for more details: http://www.legis.state.ga.us/legis/2009_10/sum/hb1215.htm.

Counting Method: 

Electronic review only In Georgia's statute regarding recounts, a distinction is made between a recount, which involves paper ballots (used for provisional and absentee voting), and a “recanvass,” involving those votes cast on DREs. As the majority of votes in Georgia are cast on DRE machines without VVPATs, most votes can only be “recanvassed,” that is, electronically reviewed. This consists of rereading the data from the memory card of a given machine on an alternate machine or computer. See the Georgia Election Code, Chapter 183-1-12, “Voting Machines – Vote Recorders,” Rule 183-1-12-.02, “Direct Recording Electronic Voting Equipment”: http://rules.sos.state.ga.us/docs/183/1/12/02.pdf. Georgia statute does not specify the counting method for paper ballots in recounts of provisional and absentee ballots. However, all statutes regarding the counting of ballots during the initial canvass suggests that ballots are only tabulated, and not counted by hand. See the 2006 Georgia Code, Section 21-2-483, “Counting of ballots; public accessibility to tabulating center and precincts...”: http://law.justia.com/georgia/codes/2006/21/21-2-483.html. Attempts have been made to pass legislation in Georgia that would require all paper ballots to be recounted by hand. Currently, this would affect both provisional ballots, which are used both for those voters who cannot be located on the list of registered voters and also during special circumstances when poll times are extended by court order, and absentee ballots. Visit the Georgia General Assembly's website for more details: http://www.legis.state.ga.us/legis/2009_10/sum/hb1215.htm.

Initiating Mechanism: 

Candidate-initiated Voter-initiated Election official-initiated Election-Official Initiated Recounts: The superintendent of elections may order a recount of ballots by his or her own motion in precincts where paper ballots have been used (again, these are used only for provisional and absentee voting), or a recanvass of votes in those precincts using DRE machines, should they believe there to be any discrepancy in the returns. See Section 21-2-495, "Procedure for recount or recanvass of votes; losing candidate's right to a recount," Subsections (a) and (b): http://law.justia.com/georgia/codes/21/21-2-495.html. Timing: The recount is to be held prior to the certification of returns by the superintendent.

Candidate-Initiated Options: 

Close vote margin required Candidate determines how many/which precincts to recount Party official may petition for candidate Specific offices only For federal and state offices only, candidates may petition for either a recount of paper absentee and provisional ballots or a recanvass of votes cast on a voting machine, if they believe there to be errors in the returns. See Section 21-2-495, Subsection (d). Additionally, any candidate in any election has the right to request a recount if the difference between the number of votes they received and the number of votes cast for the apparent winning candidate is less than 1% of the total votes cast for that office. It is important to note that the law here does not seem to hold to the same distinction between a recanvass and recount that it establishes earlier. Instead, if the close vote margin applies, candidates simply have “the right to a recount of the votes cast,” though it seems to clearly imply that votes cast on DREs will also be electronically reviewed. See Section 21-2-495, Subsection (c). Timing: For recounts requested because of a close vote margin, the petition must be filed within two business days following the certification of the results of a primary or general election. For recounts requested because of potential errors in the returns, the petition must be filed before the final certification of the election results. See Section 21-2-495, Subsections (a) and (c).

Voter-Initiated Options: 

Voters may request recounts for offices Voters may request recounts for initiatives/questions Voters may request a recanvass (not a recount) of those votes cast on DRE machines, if they believe there to be errors in the returns. A minimum of three voters is required to petition for such a recanvass; there are no restrictions or requirements listed regarding which voters may file such a request. See Section 21-2-495, Subsection (b). Timing: The petition must be filed before the certification of the election results. See Section 21-2-495, Subsection (b).

Cost for Candidate-Initiated Recounts: 

No statutory guidance provided We found no statutes clarifying what party is responsible for the costs of recounts or recanvasses in Georgia. Please send an email to info@ceimn.org if you know of the existence of such as statute.

Cost for Voter-Initiated Recounts: 

No statutory guidance provided We found no statutes clarifying what party is responsible for the costs of recounts or recanvasses in Georgia. Please send an email to info@ceimn.org if you know of the existence of such a statute.

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Georgia's recount statute specifies that each candidate “may be present in person or by representative,” and that each party “may send two representatives to be present at such recount.” There is no mention of the right of such parties to challenge ballots. See Section 21-2-495, Subsections (a) and (b). We found no statute requiring that the recount be conducted publicly. However, for the initial returns, the superintendent is required to find a “convenient public place” for the “computation and canvassing of returns” to take place. See Section 21-2-492, “Computation and canvassing of returns...”: http://law.justia.com/georgia/codes/21/21-2-492.html.

Rules for Determining Voter Intent: 

Statutory guidance provided See Section 21-2-437, "Procedure as to count and return of votes generally; void ballots": http://law.justia.com/georgia/codes/21/21-2-437.html. See also Rule 183-1-15-.02, “Definition of Vote”: http://rules.sos.state.ga.us/docs/183/1/15/02.pdf.

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Georgia does not have audit laws.

Additional Resources: 
Georgia Code - Title 21 - Elections
George Secretary of State Elections Division