How Idaho Election Recounts Work
Published May 23, 2026 · Based on Idaho Code Chapter 34-23
Tight races on election night raise the same question every cycle: can the loser ask for a recount?Idaho's answer is more nuanced than the headline numbers suggest. Anyone can ask. But the state only pays when the margin is razor-thin — and the bar for being reimbursed afterward is steep.
Who can request a recount
Under Idaho Code §34-2301, any candidate for a federal, state, county, or municipal office in Idaho may apply for a recount, regardless of how close the race was. People supporting or opposing a state, county, or city ballot measure may also apply.
The application must be filed within 20 days of the canvass of the election. For state and federal offices, the application goes to the Idaho Attorney General. For everything else, it goes to the county clerk.
The 20-day clock starts from the canvass date, not election day. Idaho's 2026 primary was held May 19, and the State Board of Canvassers is scheduled to certify results on June 9 — so for state legislative races from that primary, the recount-request deadline runs roughly to June 29.
When the state pays
Under §34-2309, a recount is free to the requester when:
The margin between the winner and the requesting candidate is one-tenth of one percent (0.1%) or fewer, OR five (5) votes or fewer — whichever is greater.
For federal, state, or legislative-district offices and state measures, the State of Idaho funds the recount. For county, city, or special-district offices, the county pays. Either way, a candidate whose race meets the threshold owes nothing.
The "whichever is greater" clause matters most in small races. If the total vote is 1,000 and the margin is 4 votes, that's 0.4% — well above 0.1% — but it's still below the 5-vote alternative, so the recount is free. In a large race like a governor's primary, the 0.1% threshold controls.
When the candidate pays — and how to get the money back
When the margin is wider than the §34-2309 thresholds, the candidate requesting the recount fronts the cost. Under §34-2310, those costs include travel and lodging for the Attorney General's office, the hourly wages of election judges who aren't county employees, mileage, and "any other costs directly attributable to the recount."
§34-2306 allows the candidate to be reimbursed after the fact — but only if the recount uncovers a vote-counting difference that, projected across all the precincts of the contest, would have changed the result. And the candidate must have requested a minimum number of precincts to qualify:
- Federal or state office or measure: at least 20 precincts with at least 5,000 votes cast
- State legislative district office: at least 5 precincts with at least 1,250 votes cast
- County office or measure: at least 2 precincts with at least 500 votes cast
- City or special-district election: at least 2 precincts with at least 200 votes cast
In practice this means a candidate who pays for a recount and doesn't flip the outcome eats the entire cost. A candidate who flips the outcome — or who shows the projected vote count would flip — gets reimbursed.
How 2026's closest race fits the law
The closest contested 2026 primary race is the Republican primary in State Representative District 29 Seat B: Jennifer Miles 1,814 votes (50.56%) over Tanya Burgoyne 1,774 votes (49.44%), out of 3,588 cast.
Margin: 40 votes / 1.12 percent
A 40-vote gap is wider than the 5-vote alternative threshold, and 1.12% is wider than the 0.1% margin threshold. The race does not qualify for a state-funded recount under §34-2309.
Burgoyne could still request a recount at her own expense — she has 20 days from the June 9 canvass to apply. To be reimbursed under §34-2306, she would need to (a) request at least 5 precincts with at least 1,250 votes between them, and (b) the recount would have to produce vote-counting changes that, projected statewide for the district, would flip the result.
Margin context across the 2026 primary
Of the 17 contested legislative races decided by under 10 percentage points, only one (HD 29B) falls below the 5-vote alternative threshold, and none fall below the 0.1% margin threshold. See the full breakdown in The 17 Closest Legislative Races.
References
Idaho Code Title 34, Chapter 23 — Recount of Ballots (full chapter)
§34-2301 — Application for Recount of Ballots
§34-2306— Difference Revealed by Recount — Candidate Relieved of Costs
§34-2309 — Free Recount
§34-2310— "Costs" Defined