The Short Answer: Nothing
Here’s the surprising truth: Illinois does not have an automatic recount law for any election. Unlike states such as Florida or Alabama, where a razor-thin margin (often 0.5% or less) automatically starts a new count, Illinois law puts the burden on the candidate or concerned voters to initiate the process. No matter how close the vote is—even if it’s a single vote—the state does not automatically step in to re-tally the ballots. The initial certified result stands unless it is formally challenged. This framework is designed around the idea that a recount should be a deliberate, requested action rather than an automatic response to a close margin.
Meet the 'Discovery Recount'
Instead of an automatic process, Illinois offers what's known as a 'discovery recount'. This is not
a full-blown, binding recount that can change the outcome of an election on its own. Instead, it’s a preliminary, evidence-gathering step. A losing candidate who wants to initiate this process must have received at least 95% of the vote total of the winning candidate. If they meet that threshold, they can file a petition within five days of the official results being declared to examine the ballots in a limited number of precincts—up to 25% of the total. The goal isn't to find a new winner right away. It's to find enough evidence of potential counting errors to justify filing a formal election contest in court. Think of it less as a recount and more as an investigation to see if a full recount is warranted.
Who Foots the Bill?
Because recounts are not automatic, the person or group requesting one generally has to pay for it. For a discovery recount, the petitioner pays a fee of $50 per precinct they want to examine. If the evidence gathered during this process leads to a formal election contest in court, the costs can escalate significantly. For a statewide contest, filing the initial petition with the Illinois Supreme Court requires a $10,000 fee. Additionally, a bond of up to $75,000 may be required to cover the costs of examining records and equipment. The court ultimately decides who pays these expenses. If the recount eventually overturns the election result, the court may choose not to assess costs against the now-prevailing party.
The Path to a New Result
A discovery recount itself will not change the certified winner of an election. Its findings are purely informational. If a candidate believes the discovery process has uncovered significant discrepancies, their only path forward is to file a formal election contest—a lawsuit challenging the outcome. From there, a judge (or for statewide races, the Supreme Court) will hear the evidence. The court then has the power to order a full, binding recount of some or all of the ballots. Only after this judicial process is complete can the official election result be changed. This makes challenging an election in Illinois a more complex and legally intensive process than in states where a close margin is all it takes to start counting again.
