When Is a Recount Triggered?
In Vermont, a recount isn't automatic unless there's a tie vote for state or federal office. In all other cases, a recount must be requested. A losing candidate has the right to request a taxpayer-funded recount if the margin of victory is especially narrow. For statewide offices, county offices, and state senators, the margin must be 2% or less of the total votes cast for that office. For state representatives and most local offices, the threshold is a bit wider at 5% or less. This system ensures that recounts are reserved for races where a second look could plausibly change the outcome. Voters can also petition for a recount on local ballot questions if the margin is less than 5% of the total votes cast on that question.
How to Formally Request a Recount
Timing is critical.
A candidate for a state or federal race must file a petition with the appropriate Superior Court within seven calendar days of the election. For local elections, the timeline is slightly more generous, with candidates having ten days to file a written request with their municipal clerk. This petition is a formal legal step that officially kicks off the process. The court then sets a date for the recount, which is typically scheduled within five to ten business days, depending on whether it's for a primary or general election. All recounts for candidate races that meet the close-margin threshold are paid for by the state.
The Recount Itself: A Methodical Process
Once a recount is ordered, a highly structured process begins. For state and county races, the county clerk supervises the recount; for local races, the town clerk or board of civil authority takes charge. Ballots, which have been kept in sealed containers since the election, are transported to a central location. The process is open to the public, and representatives for the candidates involved are allowed to observe closely. Most recounts involve a mix of machine and hand counting. Ballots are typically fed back through Accuvote optical scanners—the same type used on Election Day, though not the exact same machine or memory card. Any ballots the machine can't read are set aside to be counted by hand by election officials. If there’s a disagreement on a voter's intent, a majority of the board of civil authority present makes the final call.
Ensuring Accuracy and Transparency
Vermont's laws include several checks to maintain integrity. Before the recount begins, officials test the vote tabulators with a pre-marked set of test ballots to ensure they are working correctly. If a machine fails the test, it cannot be used. The actual recount is conducted with painstaking order. Officials count the contents of one ballot container at a time, finishing one polling place before moving to the next. The petitioner, opposing candidates, and their designated representatives can inspect the ballots and watch the entire procedure under the guidance of election officials. This transparency is designed to build confidence in the final, certified result, no matter which way it goes.
What Happens After the Recount?
The result of the recount is binding. Once the re-tabulation is complete, the board certifies the new result, and the appropriate clerk officially declares the outcome. The ballots and all other materials are then resealed and stored securely. If the recount results in a tie for a candidate race, a new runoff election is held. However, if a recount confirms a tie for a ballot question, the question is simply certified as not having passed. This final step provides legal closure, replacing the original election night tally with the confirmed, recounted total and settling the election for good.
