In the 2026 midterms, some elections could be decided by thin margins. In 2024, three U.S. Senate races and six U.S. House races were decided by less than one percentage point. With that in mind, let’s take a look at the states that have been updating their recount laws this year.

State recount laws differ in three key ways: whether a recount is available and, if so, if it occurs automatically or must be requested, which party may request a recount, and who pays for a recount if it occurs.

• Is a recount available: All but two states — Mississippi and Tennessee — allow for election recounts. Automatic recounts, which occur if election results meet specific criteria outlined in state law, are possible in 28 states. Requested recounts, where an interested party must ask for votes to be counted again, are allowed in 43 states. 
• Who may request a recount: In 21 states, an interested party can only request a recount if the vote difference separating the two candidates or the yes and no votes on ballot measures is within a certain margin. In 42 states, candidates are allowed to request a recount. In four states, voters may request a recount for any election. In 31 states, voters can request recounts in only some elections or just for ballot measures.
• Who pays for a recount: The person who requests the recount pays for it in 23 states. Seven states pay for recounts. In 11 states, who pays depends on the circumstances of the election or the recount. In two states, it is unclear which party pays for the recount. In 27 states, a refund may be available for a requested recount. In four states, the possibility of a refund depends on the circumstances of the recount. In five states, no refund is available. Fourteen states have state-funded requested recounts or do not have requested recounts.

So far this year, nine states have passed 11 bills changing their recount laws. One state moved to implement automatic recounts that did not have them before. No other states implemented recounts that did not previously have them. Some noteworthy bills include:

• Hawaii SB 176 increased the vote margin required for an automatic recount from 0.25% to 0.5% or 100 votes, whichever is less. Governor Josh Green (D) signed the bill on June 25.
• Iowa HF 928 made numerous changes to the state’s recount law. This includes requiring the race to be within a specific margin in order for a candidate to request a recount. That margin must be within 0.15% for federal or statewide races or 1% or 50 votes, whichever is less, for all other races. Governor Kim Reynolds (R) signed the bill on June 2.
• Maine LD 600 provides for automatic recounts in the event of a tied election. Previously, Maine did not have automatic recounts. Governor Janet Mills (D) signed the bill on May 23.
• Rhode Island H 5384 extended the deadline a candidate has to request a recount from seven to nine days. Governor Daniel McKee (D) signed the bill on June 24.

Eight states adopted nine laws related to recounts in 2024. Fifteen states passed 19 such laws in 2023. Three states passed three such laws in 2022.

To learn more about recount legislation, check out Ballotpedia’s Election Administration Legislation Tracker. 

Plus, check out our November 2024 episode of On The Ballot to learn more about why recounts happen.

As part of our coverage of elections and election policy, Ballotpedia maintains a list of noteworthy recounts by year. Click here to see that list.

Click here to learn more about recount laws and procedures in each state.