Total recount of the vote only in elections with tight results
521. Canada, some states in the USA, Hungary, Lithuania and Mexico
provide by law for a total recount of the vote at the request of any of the
parties. In Canada and the USA the petitioner must bear the cost if he or
she is subsequently found to be mistaken. There is also provision for an
automatic recount, called by the EMB itself, when the difference between
first and second place is less than a specified percentage. For example, an
automatic recount is triggered in Canada when the difference is less than
0.1 per cent of the votes cast; in the state of Washington, USA, when the
difference is less than 0.5 per cent of the votes cast; in Lithuania when the
difference is less than 50 votes; and in Hungary and Mexico when it is less
than 1 per cent of the votes cast.
522. Although some US states provide for a total recount of the votes in
elections for the House of Representatives and the Senate and for governors
and state legislators, there is currently no provision in the USA for a total
recount in presidential elections. Partial recounts are possible but at least three
states (Alabama, Illinois and Kentucky) do not allow for any possibility of
challenge or recount. In states other than those that provide for an automatic
recount, there must first be a challenge or request by an interested party in
the other states. In the various states of the United States polling officers are
usually appointed on the proposal of the political parties. In most states the
voting is computerized.
523. In the UK a losing candidate may submit an election petition challenging
the election of a successful candidate by asking for scrutiny of the counted
votes. The petitioner hopes to have individual votes excluded from or added
to the count in order to change the result of the election. This scrutiny is
not defined in the legislation, although its existence is recognized in several
sections of the main piece of electoral legislation, the Representation of the
People Act. This scrutiny procedure accompanies a polling system in which
ballot papers are numbered and the polling number of the voter is recorded
on a counterfoil to the ballot paper by the polling station staff, thus enabling
the EDRB to identify and remove from the count ballot papers subsequently
found to be ineligible. While this is broadly accepted in the UK, there are
many countries in which such an approach would not command confidence
because of secrecy of the ballot issues.
524. Similarly, in spite of the fact that there are no express statutory provisions
in the EDR system, several EDRBs have established legal precedents upholding
or ordering a total recount. For example, the Supreme Court of Taiwan (Zuì
gaō fă yuàn) validated the total recount of the national vote ordered by the
Taipei High (Appellate) Court after the 2004 presidential election. Other
examples include the actions of the Higher Court of Namibia after the 2004
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