Recounts in Georgia | What does the law say?

Voting stickers are seen arrayed on a table on election day at a polling place on Nov. 5, 2024, in College Park, Georgia. (Photo by Elijah Nouvelage / AFP) (Photo by ELIJAH NOUVELAGE/AFP via Getty Images)

Recounts are not automatic in the state of Georgia. A recount can be ordered by the Georgia Secretary of State’s Office following an election, but in general, there must be certain criteria met.

Here is a look at what Georgia’s law says about election recounts:

Who can request a recount in Georgia?

A candidate may request a recount if the margin between candidates is less than or equal to 0.5%. This provision was established by Georgia House Bill 316 in 2019.

The recount request must be submitted within two business days following the certification of the election results.

As of Wednesday morning, former President Donald Trump was expected to win 50.8% of the vote to Vice President Kamala Harris' 48.5% in Georgia, leaving him outside the range for her to request a recount. 

When is Georgia’s election certified?

Each county must certify its election results by 5 p.m. on the Monday following the election. For the 2024 general election held on Nov. 5, counties are required to certify by Nov. 12, due to the federal holiday on Nov. 11.

After receiving certified results from all counties, the Secretary of State is obligated to certify the statewide results by 5 p.m. on the 17th day following the election, which is Nov. 22. 

Upon receiving the certified results from the Secretary of State, the governor must certify the slate of presidential electors by 5 p.m. on the following day, Nov. 23. 

These deadlines ensure timely certification of election results in accordance with Georgia law.

Recounts in Georgia: Other circumstances

If an election official identifies a discrepancy or error in the returns, they may order a recount. This can occur before the certification of results. 

It's important to note that Georgia law does not mandate automatic recounts; they occur only upon request under the specified conditions.

Different types of recounts in Georgia

Recounts are typically conducted using ballot scanners. Prior to the recount, each scanner undergoes testing to ensure accuracy. The process is open to public observation, though only authorized personnel may handle ballots. 

In certain situations, such as unresolved discrepancies or court orders, a manual hand count may be conducted. This involves recount teams manually reviewing and counting each ballot. 

Who pays for a recount in Georgia?

Georgia law does not specify who bears the cost of a recount. However, the Secretary of State's office has indicated that the state covers all costs associated with requested recounts.