Recount laws in Minnesota

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Minnesota. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Minnesota.[1]

  • Does state law require automatic recounts?
    • Yes. If the post-election audit of a county or counties consisting of more than 10% of the total number of persons voting in the election shows that an error occurred, the secretary of state shall order manual recounts.
  • When must an automatic recount be completed?
    • The deadline to complete these recounts is no later than two weeks after the secretary of state issues the order for manual recounts.
  • Can a recount be requested?
    • Yes. Recounts of federal, statewide, district judicial, and state legislative offices can be requested by 5:00 p.m. on the second day after the canvass. Deadlines for other races and the margins required to request a recount vary by turnout, election, and office type, as described below. There is no set deadline for completion.
  • Who pays for a requested recount?
    • Varies. The state covers the cost of recounts if results fall within a specified close vote margin described below. The requester, if the results fall outside of those margins.
  • Is a refund available for requested recount costs?
    • Costs paid by the requester are refunded if the recount changes the election outcome or if the difference between the initial and recounted totals is greater than the standard for acceptable voting system performance.
  • Can a partial recount be requested?
    • Yes.

Minnesota recount procedures

Automatic recount procedures

Following an election, Minnesota requires a post-election audit of votes cast. An automatic recount is required under the following circumstances:

“

If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, the secretary of state must notify the postelection review official of each county in the district that they must conduct manual recounts of all the ballots in the district for the affected office using the procedure outlined in section 204C.35. The recount must be completed and the results reported to the appropriate canvassing board within two weeks after the postelection review official received notice from the secretary of state. [2]

”
—Office of the Revisor of Statues[3]
Link added

Requested recount procedures

A losing candidate may request a recount of his or her race. A voter may request a recount of ballot measure results after submitting a petition containing the signatures of 25 voters who were eligible to vote on the ballot measure.[1]

The state covers the cost of the requested recount if the results are within the margins described below:[1]

Candidate-requested

  • Statewide, and district judicial offices:
    • Less than 0.25% of the total votes counted for the office, or
    • Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
  • State legislative offices:
    • Less than 0.5% of the total number of votes counted for the office, or
    • Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
  • County, school district, and municipal offices:
    • Less than 0.25% of the total number of votes counted for the office, or
    • Less than 0.5% of the total number of votes cast for the office when the total number is more than 400 but less than 50,000, or
    • Less than ten votes when the total number of votes cast for the office is less than or equal to 400.

Voter-requested

  • County, school district, and municipal ballot measures:
    • Less than 0.25% of the total number of votes counted for the measure, or
    • Less than 0.5% of the total number of votes cast for the measure when the total number is more than 400 but less than 50,000, or
    • Less than ten votes when the total number of votes cast for the measure is less than or equal to 400.

In all other instances, the requester is responsible for costs associated with the recount. Costs are refunded if the recount changes the election outcome or if the difference between the initial and recounted totals is greater than the standard for acceptable voting system performance.[1] The standard for acceptable voting system performance is a difference between electronic and hand-counted vote totals less than or equal to 0.5%.[3]

For federal, statewide, district judicial, and state legislative recounts, the request must be filed no later than 5:00 p.m. on the second day after the primary or general election canvass. For county, school district, and municipal offices and ballot measures, the request must be filed no later than 5:00 p.m on the fifth day after the primary election canvass or no later than 5:00 p.m on the seventh day after the general election canvass.[1]

The secretary of state may also request a recount using the following guidelines:

“

The secretary of state may conduct a recount to verify the accuracy of vote counting and recording in one or more precincts in which an electronic voting system was used in the election. The results of the recount must be reported to the appropriate canvassing board. Time for notice of nomination, election, or contest for an office recounted pursuant to this section must begin upon certification of the results of the recount by the canvassing board. [2]

”
—Office of the Revisor of Statutes[4]

There is no set deadline for the completion of a requested recount.

For more information about recount procedures in Minnesota, click here.

Minnesota voting equipment

See also: Voting methods and equipment by state

Minnesota uses paper ballot systems for its elections.[5][6]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Minnesota State Legislature, "204C.35-361," accessed October 16, 2020
  2. ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ 3.0 3.1 Office of the Revisor of Statutes, "206.89 Postelection Review of Voting Systems," accessed Oct. 19, 2020
  4. ↑ Office of the Revisor of Statutes, "206.88 Partial Recounts on Electronic Voting Systems," accessed Oct. 19, 2020
  5. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  6. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  7. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  8. ↑ A court may order a recount under Arizona law.
  9. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  10. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  11. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  12. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  13. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  14. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  15. ↑ No mention in state law.
  16. ↑ No mention in state law.
  17. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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