In Georgia, there are three reasons that a recount might occur. First, the Election Superintendent has discretion to conduct a recount before the results have been certified. Second, the runner-up candidate has the right to request a recount if the margin of victory is less than 0.5% after the results have been certified. O.C.G.A. § 21-2-495(c). Third, a recount might occur after counties have certified their results, but prior to the Secretary of State certifying the consolidated returns. This may occur regardless of the margin of victory if a candidate requests a recount and provides supporting evidence to a claim that there is a discrepancy or an error in the vote.
In all three of these cases, the recount will be conducted in the same manner. Additionally, the very rare instances when a hand recount can occur are addressed.
There is one way for a recount to occur prior to certification, and two circumstances under which a recount could occur after counties certify their elections.
Prior to certification, Georgia law grants the Election Superintendent discretion to initiate a recount or recanvass unilaterally. O.C.G.A. § 21-2-495(a). They may also do so based on a “petition of any candidate or political party….” O.C.G.A. § 21-2-495(a).
This recount can be “of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made.” [1] O.C.G.A. § 21-2-495(a). If this pre-certification recount “appear[s to indicate] that the original count by the poll officers was incorrect, [those] returns and all papers being prepared” by the Election Superintendent are to be corrected. O.C.G.A. § 21-2-495(a).
If the vote margin for a candidate is less than 0.5%, the runner-up candidate has a right to a recount. The request must be made in writing within two business days following the county certification of the election results. O.C.G.A. § 21-2-495(c).
For federal or state races taking place in more than one county, the recount request must be made to the Secretary of State, who will direct that the recount be performed and will notify the appropriate County Superintendents who must be involved in administering the recount. O.C.G.A. § 21-2-495(c).
For races wholly within the county, the request must be made to the Election Superintendent, who orders an immediate recount. O.C.G.A. § 21-2-495(c).
Candidates can also request a recount regardless of the margin, based on a claim that there is a discrepancy or error in the vote. This kind of recount is requested via petition from the candidate to the Secretary of State. It must be made in writing and include supporting evidence. O.C.G.A. § 21-2-495(d).
The decision to order a recount in this case is at the discretion of the Secretary of State. This kind of recount or recanvass may be held at any time prior to the certification of the consolidated returns by the Secretary of State. This recount is also conducted by the appropriate Election Superintendent(s) in the affected counties. O.C.G.A. § 21-2-495(d).
Recounts operate similarly to the original counts. Except under a few specific circumstances discussed below, recounts are conducted using the optical scanning equipment to tabulate ballots.