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Here are the states where recounts are likely


A Gwinnett county worker raises a piece of paper saying that they have a question as they begin their recount of the ballots on November 13, 2020 in Lawrenceville, Georgia.

Megan Varner | Getty Images

Follow CNBC’s live blog covering Tuesday’s midterm elections here.

The balance of power in the narrowly controlled Congress may not be known by the time polls close across America late Tuesday.

Several states have laws that require automatic recounts in tight races. Several Republican candidates have already said they plan challenge the results — if they lose — setting the U.S. up for another round of contentious and drawn out legal battles and recounts reminiscent of the 2020 race in which former President Donald Trump still falsely claims he won.

Recounts in that race were done in Georgia, Arizona and Wisconsin while election officials audited the results in Texas, Pennsylvania and Michigan.

Here are the states where recounts or audits that could delay final results are likely in 2022:

WISCONSIN

Sen. Ron Johnson, R-Wis., hasn’t said he’ll challenge the results if he loses his Senate seat, but he also hasn’t said he would automatically accept the results, the Washington Post reported last week.

“We’ll see what happens,” he told reporters during a campaign stop. “I mean, is something going to happen on Election Day? Do Democrats have something up their sleeves?”

Is the recount automatic? No, Wisconsin does not have automatic recounts, according to state law.

How is it requested? A candidate can request if the margin is less than or equal to 1% of the total votes cast in the election. If fewer than 4,000 votes were cast in the race, the requesting candidate must be within 40 votes of the winner.

The candidates have until 5 p.m. on the third day after the result is announced to provide a statement, verified under oath, that they believe there was a mistake, irregularity, or fraud made in the count or return of ballots.

How is it funded? The requesting candidate only pays a fee if the margin is greater than or equal to 0.25%. If a race has fewer than 4,000 votes, the requesting candidate pays if the difference is greater than or equal to 10 votes. If the difference is smaller than the above threshold, taxpayer money funds the recount.

In the 2020 election, the Trump campaign paid $3 million for a recount of Wisconsin’s Milwaukee and Dane Counties, around $545,000 was refunded to the campaign after the count.

GEORGIA



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