No Automatic Recounts, Only Requests
Unlike some states that automatically trigger a recount when a margin is exceptionally close, New Hampshire law does not provide for automatic recounts. Instead, the process must be initiated by either
a candidate or, in some cases, a group of voters. For a candidate in a state general election to be eligible, the difference between their vote total and the winner's must be less than 20 percent of the total votes cast for that office. For state primary elections, the margin must be less than 1.5 percent or fewer than 10 votes. Voters can also petition for recounts on ballot measures, such as constitutional amendments or county referendums, under specific conditions.
The Clock Is Ticking and It Costs
Timing is critical. A candidate for a state general or primary election must file a written application with the Secretary of State by the Friday following the election. The process isn't free; the requesting candidate must pay a fee. This fee is structured on a sliding scale based on both the office and the margin of victory. For instance, in a state representative race decided by less than 1 percent, the fee might be as low as $10, while a gubernatorial candidate facing the same margin would pay $500. If the margin is larger, the fees increase significantly. However, if the recount changes the outcome and the requester is declared the winner, the fee is refunded.
Inside the Recount Room
All state-level recounts are conducted by hand at a single location in Concord, typically a state facility designated by the Secretary of State. State law explicitly prohibits the use of any mechanical, optical, or electronic devices for the re-tabulation. The Secretary of State's office oversees the entire process, assigning two-person teams to count the ballots for each race. The proceedings are public, and each candidate can have a representative, often legal counsel, present at the counting table. These representatives can observe every ballot and have the right to challenge how a specific vote is interpreted.
Handling a Challenged Ballot
When a candidate's representative challenges the interpretation of a ballot—perhaps due to an unclear mark or a write-in vote—they must do so immediately. The Secretary of State, who is present, will make a ruling on the spot. If the candidate's representative still protests that ruling, a memorandum is attached to the ballot detailing the challenge. These protested ballots are set aside and stored securely. They are not included in the final recount tally but are preserved in case the candidate decides to appeal the recount's outcome to the state's Ballot Law Commission, which is the next step in the dispute process.
The Final Word and What Comes Next
Once all the ballots for a given race have been recounted by hand, the teams' tally sheets are reviewed and a final summary is created. The Secretary of State then announces the official winner based on the new, recounted numbers. At this point, the result is considered final. The only remaining recourse for a candidate who is still unsatisfied is to file a formal appeal with the Ballot Law Commission within a specific timeframe, presenting the challenged ballots as evidence. A candidate who requests a recount also retains the right to call it off at any point during the process, in which case the original election night results stand.
