Virginia Recount Would Be Time-Consuming

Supporters of Senate candidate Jim Webb, D-Va., cheer during remarks in the early morning hours of an election night event on Wednesday, Nov. 8, 2006 in Vienna, Va. (AP Photo/Evan Vucci) (Evan Vucci - AP)

WASHINGTON -- A recount in the Senate race in Virginia, where control of the Senate tilted from the Republicans to the Democrats on James Webb's victory over incumbent George Allen, would take time _ lots of time.

There are no automatic recounts in Virginia, but state law allows a candidate who finishes within a half-percentage point to request a recount paid for by state and local governments. With a margin greater than that, but less than 1 percentage point, the trailing candidate can still seek a recount but must pay the costs if the results are unchanged.

Either way, a recount could not begin until after the State Board of Elections certifies the results on Nov. 27. The losing candidate has 10 days after that to request a recount. How long a recount would take is unclear.

An Associated Press count Wednesday night showed Webb with 1,172,538 votes and Allen with 1,165,302, a difference of 7,236, or less than one-third of 1 percent.

Allen has not indicated whether he would seek a recount. An adviser to Allen, speaking on condition of anonymity because the senator had not formally decided to end his campaign, said Wednesday night that Allen was not inclined to request a recount if the final vote spread was similar to that of election night.

Webb's victory squeezed out a 51-49 Senate majority for the Democrats. Without it, the chamber would have split 50-50 and Vice President Dick Cheney _ in his constitutional role as president of the Senate _ would have given Republicans the extra vote they needed to retain control.

In Montana, where Democrat Jon Tester on Wednesday was declared the winner of a squeaker against incumbent Republican Conrad Burns, there were no calls for a recount. But the closeness of that contest _ slightly more than 3,000 votes separated them, out of more than 400,000 cast _ suggested a recount was possible. State law provides that a losing candidate can request a recount at his own expense if the margin is within one-half of a percent, or roughly 2,000 votes.

In addition to a recount based on the closeness of the race, an unsuccessful candidate can apply to the state district court within five days after the official canvass to contest the results. If a judge finds reasonable cause to believe votes may have been miscounted, he can order a recount.

Any recount would likely set off a new flurry of fundraising, but not a flood of large checks from wealthy donors like those seen in the 2000 presidential ballot.

Responding to a recent request by the national Democratic and Republican Senate fundraising committees for guidance, the Federal Election Commission said a candidate or state party can each set up recount funds and spend unlimited sums. However, they may only raise donations from individuals and political action committees within the limits that apply to congressional races.

That means an individual can give $2,100 to a candidate recount fund and $10,000 to the state party's fund, and a PAC may give $5,000 each. Even if donors gave the maximum in the primary and general elections, they can give anew to a recount fund.