How Results

Can Be

Contested

Can election results be contested?

Candidates for office can contest election results due to close margins of victory, election fraud, or administrative errors

For close margins of victory:

  • State law determines conditions for a recount. Typically, the vote differential needs to be less than 1%, but state laws vary according to the percentage thresholds and whether the state will recount the vote automatically or require the losing candidate to request a new canvass

For possible election fraud or administrative error:

  • A losing candidate may file suit to challenge ballots, but that candidate bears the burden of proving that fraud or error exists

  • Under state and federal rules of evidence, courts may only consider these claims when the candidate presents credible evidence of fraud or error

  • Further, candidates must demonstrate to the court that the documented fraud or error would change the result of the election

  • If a candidate claims election fraud or error over several hundred votes, but lost by several thousand, disqualifying the invalid ballots cannot change the outcome

The Congressional Research Service prepared this report on "The Legal Process for Contesting the Results of a Presidential Election." If you want to go deep into the policy weeds, this is an excellent source for reliable information