Act 97 of 2004 provides that any statewide race or ballot question where the margin of victory was less than one-half of 1 percent of the total number of votes cast for that office or ballot question would trigger a recount in all 67 counties. The act also allows affected candidates to submit a written request to opt out of a recount.

This affects three candidates — Democrats Robert Coleville and Kevin McCarthy and Republican Templeton Smith, Jr., all of whom are trailing Democrat Anne Lazarus within the margin of voters that triggers the recount.  Coleville and McCarthy voluntarily opted out of the recount, but Smith did not do so, even after being granted an extension of time in which to consider whether to opt out.

The recount will begin November 18 and must be completed by November 25, with results to be submitted by November 30. Secretary Cortes estimates that the recount may cost up to $1.3 million.