Summary: This bill creates a uniform threshold–a 1% or less difference between candidates–for initiating a recount across various elections.
Analysis: HB 86 aims to establish a uniform threshold for initiating a recount across various elections, including statewide offices, State Senator and Representative, county offices, the City of Wilmington, and school district elections. The new threshold mandates a recount if the vote difference between candidates is 1% or less of the total votes cast. This change eliminates the previous requirements for candidates or voters to request a recount, streamlining the process.
Key changes include:
- Removing the need for a candidate to apply for a recount in general elections.
- Eliminating the requirement for 25 voters to petition for a recount in school district elections.
- Revising the recount threshold from less than 1,000 votes or ½ of 1% to a flat 1% or less.
It is quite possible that the streamlined changes will increase the number of recounts, especially in statewide and county-wide offices in New Castle County. The Act also includes technical corrections to align with the Delaware Legislative Drafting Manual and clarifies the responsibilities of the Department of Elections. It does not alter the City of Wilmington’s authority under its charter.