Recounts take place prior to certification of election results, and are automatic for statewide races if the margin is 0.5% or less. 25 P.S. §§ 3154(g)(1)-(2). A recount can also take place on petition from voters or a decision of a County Board of Elections. 25 P.S. §§ 3154(e), (g).
For statewide races, a recount is automatic by statute if the unofficial returns show the margin is 0.5% or less. 25 P.S. §§ 3154(g)(1)-(2). A defeated candidate may waive their right to a recount by 12 p.m. on the second Wednesday following the election. “Recount Procedures” at 5*.* If they do not waive their right, the Secretary of the Commonwealth has a duty to petition the relevant County Boards of Elections to conduct the recount.
A County Board of Elections is required to conduct a recount in any particular district if they find a discrepancy in the returns that they cannot resolve. Additionally, any three qualified voters are empowered to petition for a recount, and they can petition either the County Board of Elections or the Court of Common Pleas in the district where the recount is being requested. ”Spotlight Recounts Delay Cert.”
The Department of State, headed by the Secretary of the Commonwealth, issues directives and procedures relating to the proper operation of recounts. “Recount Procedures.”
The margin for a statewide race to trigger an automatic recount is 0.5% or less. 25 P.S. §§ 3154(g)(1)-(2). There are no minimum margin requirements for recounts initiated by a County Board of Elections or one petitioned by voters. 25 P.S. §§ 3154, 3263.
By 9 a.m. on the Friday after Election Day, the County Boards of Elections must begin canvassing returns received from the districts. 25 P.S. § 3154(a). At any time during the county canvass, the County Board of Elections must order a district to conduct a recount if they determine there is a discrepancy in returns in any district, or on a valid petition from any three voters of any district. 25 P.S. § 3154(e). The recount must be completed before the County Board of Elections transmits signed returns to the Secretary of the Commonwealth, which must occur no later than by 5 p.m. on Tuesday after the Election. 25 P.S. § 3154(f).
When the unofficial returns submitted by the County Boards of Elections indicate the margin is .5% or less, the Secretary of the Commonwealth is required to call for a recount by no later than 5 p.m. on the second Thursday following the election. 25 P.S. §§ 3154(g)(1)-(2). A party losing by that margin has until the day before, by 12 p.m. on the second Wednesday following the election, to exercise their right to waive the recount. 25 P.S. § 3154(h).
The Secretary of the Commonwealth must schedule the recount to begin by no later than the third Wednesday following the election. 25 P.S. § 3154(g)(5)(ii). The Secretary of the Commonwealth is required to give 24-hour notice of the recount to every candidate and party chair affected by the recount. 25 P.S. § 3154(g)(3). This notice may be by press release, website, or other means. 25 P.S. § 3154(g)(3). The recount order will be posted on the Department of State’s website. 25 P.S. § 3154(g)(3).
The recount must be completed by 12 p.m. on the Tuesday following the third Wednesday after the election. 25 P.S. § 3154(g)(5)(iii). The County Board of Elections transmits results of the recount to the Secretary of the Commonwealth no later than noon on the day following the completion of the recount. 25 P.S. § 3154(g)(6).
Within five days of the canvassing of returns, any three qualified voters can petition for a recount in the Court of Common Pleas for the relevant district. 25 P.S. § 3263(a). The Court of Common Pleas has 20 days from the election to conduct the recount. 25 P.S. § 3262(c).