Massachusetts Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

Paper ballot (optical scanners, hand counted paper ballots, or a mix) For more details, visit Verified Voting.

Counting Method: 

Mix of recount and retabulation Counting method chosen by initiator In jurisdictions using optical scan voting machines, ballots are by default retabulated on the optical scanners, unless the recount initiators specifically request that the ballots be counted by hand. See the General Laws of Massachusetts, Title VIII, Chapter 54, Section 135B, “Recount where electronic voting system used; petition specifying recount by hand”: http://www.mass.gov/legis/laws/mgl/54-135b.htm. For general counting procedures, see Chapter 54, Sections 104-109: http://www.mass.gov/legis/laws/mgl/54-104.htm. See also the section on “Paper Ballot Recount Procedures,” under “Part Two: The Recount of the Elections” of the Massachusetts Elections Divison's online manual How to Request a Recount: http://www.sec.state.ma.us/ele/elerct/rctidx.htm.

Initiating Mechanism: 

Candidate-initiated Voter-initiated

Candidate-Initiated Options: 

Close vote margin required Candidate determines how many/which precincts to recount Candidate- and voter-initiated recounts in Massachusetts are not separate processes. A petition for a recount for an office must include both the signature of a candidate for that office and the signatures of the appropriate number of voters’ signatures. The number of voters' signatures required varies depending on the size of the jurisdiction in which the petition is filed, and the City of Boston has its own ward-based requirements. See Chapter 54, Section 135, “Petition for recount; filing; contents; examination; recounts; notice; amendment of records,” Paragraphs (1) and (2): http://www.mass.gov/legis/laws/mgl/54-135.htm. Also see “Voter-Initiated Options” below for more details. For district and statewide recounts only, there is a close vote margin of 0.5% “of votes cast for the two leading candidates for the office.” The law states that “the petitions for recount shall be void” if the vote margin between the two leading candidates is larger than the 0.5%. See Section 135, Paragraphs (6) and (7). Timing: For state and local general elections, recount requests must be filed within ten days after the election. For statewide elections, such requests must be filed with local election officials within the ten-day deadline and additionally with the Secretary of the Commonwealth within 15 days after the election. For primary elections, recount requests must be filed within six days after the primary. For district and statewide primaries, the request must be submitted to local election officials within three days after the election and additionally to the Secretary of the Commonwealth within seven days after the election. See Section 135, Paragraphs (1) and (6).

Voter-Initiated Options: 

Close vote margin required Voters determine how many/which precincts to recount Voters may request recounts for offices Voters may request recounts for initiatives/questions The number of voters required to sign a request for a recount varies depending on the population of the relevant jurisdiction and on whether the office or question at hand is local or statewide. Ten signatures are sufficient to file a petition in towns with fewer than 2500 voters, while 1000 signatures are required for any statewide office or question. The City of Boston requires that 50 voters from each ward sign a petition. Any recount petition for an office must include the signature of the candidate on whose behalf the recount is requested. See Section 135, Paragraphs (1) and (6). For district and statewide recounts only, there is a close vote margin of 0.5% of “the number of affirmative and negative votes on a question.” The law states that “the petitions for recount shall be void” if the vote margin between the two sides is larger than the 0.5%. See Section 135, Paragraphs (6) and (7). Timing: For state and local general elections, recount requests must be filed within ten days after the election. For statewide elections, such requests must be filed with local election officials within the ten-day deadline and additionally with the Secretary of the Commonwealth within 15 days after the election. For primary elections, recount requests must be filed within six days after the primary. For district and statewide primaries, the request must be submitted to local election officials within three days after the election and additionally to the Secretary of the Commonwealth within seven days after the election. See Section 135, Paragraphs (1) and (6).

Cost for Candidate-Initiated Recounts: 

Paid entirely by state or county There are no provisions in the filing instructions contained in Section 135 requiring that those filing for a recount are in any way responsible for the costs of the recount. As the law mandates that a city, town, or state must conduct a recount if an adequate petition is filed, the respective jurisdiction has in practice covered the recount costs.

Cost for Voter-Initiated Recounts: 

Paid entirely by state or county There are no provisions in the filing instructions contained in Section 135 requiring that those filing for a recount are in any way responsible for the costs of the recount. As the law mandates that a city, town, or state must conduct a recount if an adequate petition is filed, the respective jurisdiction has in practice covered the recount costs.

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers Party/candidate or initiator has statutory authority to appoint challengers The board of registrars of voters for the respective jurisdiction has authority to set the number of observers to which each candidate is entitled during a recount. Each candidate is also entitled to “be represented by agents... sufficient in number to provide one such agent for each officer counting or checking such ballots.” For recounts involving questions, “one representative from any committee organized to favor or to oppose the question so submitted shall be permitted to be present and witness the recount.” See Section 135, Paragraph (8). The recount provisions of Massachusetts’ election laws do not provide a procedure for observers or agents to challenge ballots, stating only that they “shall have the right to watch and inspect the ballots, tally sheets and all other papers used in the recount, and to watch every individual act performed in connection therewith.” However, the Elections Division of Massachusetts, in its accounts of recount procedure, describes a process by which agents may protest ballots as they are tallied. See the section on “Protested Ballots” in the online document, How to Request a Recount: http://www.sec.state.ma.us/ele/elerct/rctidx.htm. The Elections Division also notes that both the public and the press must be allowed to observe the recount. See “Part Two: The Recount” in How to Request a Recount.

Rules for Determining Voter Intent: 

No statutory guidance provided Massachusetts election law does not provide specific statutory guidance as to how to determine a voter’s intent from unclear markings on a ballot. Court decisions, however, have provided specific instructions for determining a voter’s intent. Citations to court decisions and examples regarding various voter marks are set forth in How to Request a Recount. See the section on “The Will of the Voter,” as well as Part Five: Examples of Contested Ballot Marks: http://www.sec.state.ma.us/ele/elerct/rctidx.htm#5.

Audit Laws: 

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

Additional Resources: 
Massachusetts General Laws - Title VIII - Elections
Massachusetts Elections Division
Massachusetts Elections Division - How to Request a Recount