Congress is only controlled by a small number of people. By the time polls close Tuesday night across the United States, it may not be clear who has the most power.
In close races, there are laws in several states that automatically call for a recount. Some Republican candidates have already said they plan to challenge the results if they lose, which could lead to another round of contentious and long-lasting legal battles and recounts like the one in 2020, which former President Donald Trump still wrongly claims he won.
In that race, the votes were counted again in Georgia, Arizona, and Wisconsin, and the results were checked in Texas, Pennsylvania, and Michigan.
Here are the states where recounts or audits are likely to happen in 2022, which could slow down the final results:
Wisconsin
The Washington Post reported on November 1 that Republican Sen. Ron Johnson has not said he will challenge the results if he loses his Senate seat to Democratic challenger Lt. Gov. Mandela Barnes. He has also not said that he will automatically accept the results.
During a campaign stop, he told reporters, “We’ll see what happens.” “I mean, is there going to be something going on on Election Day? Do the Democrats have something planned?”
The Post said that Barnes’ campaign said he would accept the results.
Is the recount done by itself? No, state law in Wisconsin says that there aren’t any automatic recounts.
How is it asked for? If the margin of victory is less than or equal to 1% of all the votes cast in the election, a candidate can ask for a recount. If there were less than 4,000 votes in the race, the candidate who wants to change the results must be within 40 votes of the winner.
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The candidates have until 5 p.m. on the third day after the results are announced to sign a statement under oath saying that they think there was a mistake, irregularity, or fraud in the counting or returning of ballots.
How does it get money? The candidate who makes the request only has to pay a fee if the margin is more than or equal to 0.25 percent. If a race has less than 4,000 votes, the candidate who wants to pay has to do so if the difference is 10 votes or more. If the difference is less than the above number, the recount is paid for by the taxpayers.
It’s Election Day! Today is the last day to make your voice heard in the 2022 midterms — and the polls are open!
Head to https://t.co/wyRWNO2jDD to make your plan to vote. pic.twitter.com/5R0z0rCUdg
— Michelle Obama (@MichelleObama) November 8, 2022
In the 2020 election, the Trump campaign paid $3 million to have Milwaukee and Dane counties in Wisconsin counted again. After the count, the campaign got back about $545,000 of that money.
Georgia
Michigan
Tudor Dixon, the Republican candidate for governor, says that Trump was cheated out of the 2020 election, but she won’t say if she’ll accept the election results in her race against Democratic Gov. Gretchen Whitmer. She has also said bad things about the Democratic secretary of state, Jocelyn Benson.
Is the recount done by itself? No, state law says that a recount must be asked for.
How is it asked for? A request does not need to have a margin. A candidate must swear in a request that they would have won the election if it weren’t for fraud or a mistake. They must also explain as best they can what kind of fraud or mistake it was.
They have six days from the first certification to file.
How does it get money? The candidate has to pay at least $25 for each precinct that is asked for.
Congratulations to Speaker @TeamPelosi on her general election victory in California’s 11th district. Thanks to her leadership and vision, Democrats have improved the lives of all Americans and strengthened the ties between the U.S. and Israel. #CA11 #2022Midterms pic.twitter.com/uo2iZAfab0
— Democratic Majority for Israel (@DemMaj4Israel) November 9, 2022
If the difference is more than 0.5% of the total number of votes, the petitioner has to put down $125 per precinct. If more than 5% of the votes separate the winner and the petitioner, the candidate must put down $250 per precinct.
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If the recount shows that there was fraud or a mistake that changed the winner of the election, the candidate’s deposit is returned.
Pennsylvania
Gorrie, a local Pennsylvania news outlet, says that Republican gubernatorial candidate Doug Mastriano, whose campaign platform includes false claims about the results of the 2020 presidential election, won’t say if he will accept the results of his race. Josh Shapiro, who ran as a Democrat against Mastriano, told GoErie that he would accept the results.
Is the recount done by itself? State law says yes if the difference is less than or equal to 0.5% of all the votes cast in the election. If not, the recount must be asked for.
How is it asked for? A request does not need to have a margin. A candidate has five days after the election to file a request.
How does it get money? The person who wants a recount pays the fee. If the recount finds major mistakes or fraud, the fee is refunded.
Arizona
In an interview with CNN, Republican gubernatorial candidate Kari Lake, who has Trump’s support and is running on false claims of fraud in the 2020 presidential election, wouldn’t say that she would accept the results of her election if she won. She said instead, “I’m going to win the election, and I’m fine with that.”
Blake Masters, a Republican running for the Senate, has been preparing for a recount for months. Trump has backed him, and billionaire Peter Thiel is also on his side.
Is the recount done by itself? Yes, if the difference between a candidate and the winner is less than or equal to 0.5% of the total votes.
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— Dr Katie Gaddini (@DrKatieGaddini) November 9, 2022
How is it asked for? You can’t ask for a non-mandatory recount.
How does it get money? The state is paying for the recount.
Texas
Beto O’Rourke, a Democrat running for governor, told the Fort Worth Star-Telegram that he doesn’t think Republican Gov. Greg Abbott would accept defeat.
“I’m not counting on it,” O’Rourke told the publication, citing Abbott’s “open embrace” of Trump, who “tried to subvert this democracy.”
Is the recount done by itself? State law says that only if two candidates are tied.
How is it asked for? If the difference between the winner and the loser is less than 10% of the winner’s total number of votes, the loser can file a petition.
How does it get money? The petitioner pays a deposit to pay the members of the recount committee, use automatic tabulating equipment, gives $15 to each supervisor of the recount, and gives $50 to the coordinator of the recount. If the recount changes the outcome of the election, the deposit is given back to the person who asked for it.
Florida
When NPR asked Republican Sen. Marco Rubio if he would accept the election results, he said, “Sure, because I’m going to win.”
The news source says that he later said, “No matter what happens, I’ll support it, because Florida has good laws. There aren’t any crazy rules like in Pennsylvania and other places.” Fox News says that Val Demings, who is running against him as a Democrat, did not answer the question clearly.
Is the recount done by itself? Yes, if the difference between a candidate and the winner is less than 0.5 percent of all the votes.
How is it asked for? State law says that a manual recount must be ordered by the secretary of state. Candidates cannot request recounts.
How does it get money? Counts are paid for by the state.
