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One Swing State's Unusual Recount Law Could Make Entire Country Wait to See if Trump or Harris Won

A polling station in Nevada (Credit: Unsplash.com/Marilyn Tran)

Election Day will take place in the U.S. on November 5, but most analysts and experts don't expect to be able to declare a president on that same day. And even though waiting times are expected to be shorter than four years ago, there are still some races and processes that could experience notable delays and keep the country waiting, especially if they take place in battleground states.

With five days to go, the focus is now on potential recounts in the seven states expected to determine the outcome of the election. They have different rules regarding recounts, considering elections are administered locally. And one of them in particular could be determined by the candidates themselves, Donald Trump and Kamala Harris.

That is the case of Nevada, where there is no provision for automatic recounts but candidates can request it as long as they do it within three days of the certification and pay for it.

One of the closest battleground states, FiveThirtyEight's polling average shows the Democratic candidate ahead by 0.1 percentage points, well within the margin of error. The race has been extremely close for the past months, with the largest margin being 1.5 percentage points for Harris in late September. Trump has managed to close the gap ever since and made it a virtual tie as Election Day nears.

Candidates can request recounts in other states like Wisconsin and North Carolina. In the former, the candidate also has to cover the expenses if the margin is larger than 0.25 percentage points. Trump did so in 2020, paying $3 million for a partial recount that didn't result in a substantial change. Trump and Harris are virtually tied in the state, according to The New York Times' polling average.

As for North Carolina, candidates can make the request if the margin of victory is within 0.5% of the votes cast or 10,000 votes, whichever is lower. In Pennsylvania, the most coveted battleground state, a recount is automatically triggered if the margin is within 0.5%. Three voters can request recounts in specific precincts if they claim there was fraud or error. Trump is ahead by over one percentage point there, according to the NYT.

Candidates can also request a recount in Georgia is the margin is within 0.5 percentage points if it's done within two business days of certification. In Michigan they can do so if they have a "good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning." And candidates don't request recounts in Arizona, but they happen automatically if the margin is within 0.5 percentage points.

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