Overview

In Ohio, there are two types of recounts: automatic and requested. An automatic recount must be conducted when the difference between votes cast for a winning candidate, question, or issue and the losing candidate, question, or issue is equal to or less than either 0.25% or 0.5%, depending on the contest. Ohio Rev. Code. Ann. § 3515.011;Post-Election Activities” at 320. Recounts for contests outside of the automatic recount margins may be requested by losing candidates or any group of five voters who voted for the losing result of a question or issue. Ohio Rev. Code. Ann. § 3515.01;Post-Election Activities” at 325.

Automatic Recounts

For elections conducted exclusively within a county, the Board of Elections must order a recount if the difference between votes cast for a winning candidate, question, or issue and the losing candidate, question, or issue is equal to or less than 0.5% of the total votes cast in the contest. Ohio Rev. Code. Ann. § 3515.011;Post-Election Activities” at 320–21. The Board of Elections must notify the Secretary of State of the subject of the recount and the date, time, and location of the recount. “Post-Election Activities” at 321.

For elections conducted across multiple counties, the Secretary of State must order a recount if the difference between votes is equal to or less than 0.5% of the total votes cast in the contest. Ohio Rev. Code. Ann. § 3515.011;Post-Election Activities” at 321. The most populous county involved in the recount requests that the Secretary of State order the automatic recount. “Post-Election Activities” at 321. **Each Board of Elections involved in the recount must inform the Secretary of State of the date, time, and location of the recount. “Post-Election Activities” at 321.

For statewide elections, the Secretary of State must order a recount if the difference between votes is equal to or less than 0.25% of the total votes cast in the contest. Ohio Rev. Code. Ann. § 3515.011;Post-Election Activities” at 322.

Recounts by Petition

Any candidate for office at a general, primary, or special election who is not declared nominated or elected may file a written application for a recount of that contest. Ohio Rev. Code. Ann. § 3515.01;Post-Election Activities” at 325*.* A group of five voters who voted for the losing result of a question or issue may file a written application for a recount of the votes cast on the question or issue. Ohio Rev. Code. Ann. § 3515.01;Post-Election Activities” at 325.

Filing Location and Timing

A recount must be requested within five days after the Board of Elections or Secretary of State declares the official results of the election. Ohio Rev. Code. Ann. § 3515.02;Post-Election Activities” at 324*.* If the contest is contained in one county, the applicant must file the application for a recount with the Board of Elections of that county. Ohio Rev. Code. Ann. § 3515.02;Post-Election Activities” at 324. If the contest spans a multi-county district, the applicant must file the application with the Board of Elections of the most populous county within the district. Ohio Rev. Code. Ann. § 3515.02;Post-Election Activities” at 324. If the contest is statewide, the applicant must file the application with the Secretary of State. Ohio Rev. Code. Ann. § 3515.02;Post-Election Activities” at 324.

Deposit

An applicant for a recount must file a deposit to cover the costs involved in the recount. [1] Ohio Rev. Code. Ann. § 3515.03;Post-Election Activities” at 325. The Board of Elections places the deposit in a special depository fund with the County Treasurer. Ohio Rev. Code. Ann. § 3515.07;Post-Election Activities” at 325. The deposit covers the cost of the recount, and any balance remaining that has not been spent at the conclusion of the recount is paid into the general fund of the county. “Post-Election Activities” at 325. If a recount is not conducted in all of the precincts included in the application, the unused balance is refunded to the applicant. “Post-Election Activities” at 325.

Recount Procedures

To conduct a recount, Boards of Elections must follow guidelines outlined by the Secretary of State, regardless of whether the recount is automatic or requested. The Secretary of State’s procedures are “minimum requirements,” and Boards of Elections are permitted to institute more rigorous procedures, provided that they are adopted at a public meeting and appropriate records are kept. “Post-Election Activities” at 339.

Preparation

After an automatic recount has been ordered or an application for a recount has been filed, each Board of Elections participating in the recount must promptly schedule the recount. “Post-Election Activities” at 326. **The recount must take place no later than 10 days after the order is made or the application is filed. “Post-Election Activities” at 327. **After scheduling the recount, each Board of Elections must notify the Secretary of State (for statewide elections) or the Board of Elections for the most populous county involved in the recount (for multi-county elections). “Post-Election Activities” at 327.

At least five days before the recount, the Board of Elections must notify each candidate in the contest subject to the recount and the chairperson of the group of voters who applied for a recount of a question or issue. “Post-Election Activities” at 327. **Notice must be sent by certified mail and include the time and place of the recount. “Post-Election Activities” at 327.

Observers

Under Ohio law, duly-appointed observers may be present for a recount. Ohio Rev. Code. Ann. § 3515.04;Post-Election Activities” at 327. **Representatives of the media are also allowed to attend a recount. “Post-Election Activities” at 327. **However, only Board of Election members and designated employees are permitted to handle ballots during a recount. Ohio Rev. Code. Ann. § 3515.04;Post-Election Activities” at 327.