Recount laws in Missouri

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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 Missouri. 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 Missouri.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, the recount can be requested within seven days of results certification. The margin required for offices filed with the secretary of state is 0.5% of votes cast for the office. For offices filed with local election authorities, the margin required is 1% of votes cast for the office. The deadline for completion is within 20 days of the notice of recount.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Maybe. 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.
  • Can a partial recount be requested?
    • No.

Missouri recount procedures

Automatic recount procedures

Missouri does not require automatic recounts.

Requested recount procedures

Missouri allows defeated candidates and any person, regarding a ballot measure, to request a recount under the following circumstances:

“ Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for the office and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question, shall have the right to a recount of the votes cast for the office or on the question.[2] ”
—MO Rev Stat § 115.601 (2019)

For candidates and ballot questions that originally filed with the secretary of state, the deadline for the request is no later than seven days after the certification of the election. The deadline to complete such a recount is no later than 20 days after the notice of the recount.[3]

A court may order a recount as part of a contested election initiated by a candidate or, in the case of a ballot measure election, a person under the following circumstances:

“ If the court finds there is a prima facie showing of irregularities which place the result of the primary election in doubt, the court shall order a recount of all votes brought in question by the petition or its answer. Where the issue is drawn over the validity of certain votes cast, a prima facie case is made if the validity of a number of votes equal to or greater than the margin of defeat is placed in doubt. The court may order a recount of all votes brought in question by the petition or its answer at any time if it finds that the primary election result is placed in doubt. All materials and records relating to the contested election may be subpoenaed and all information contained therein shall be subject to the rules of discovery in civil cases. During a recount, the court may hear additional evidence offered by any party bearing on any issue relating to the contested election.[2] ”
—MO Rev Stat § 115.539 (2019)

Election officials may also request a recount under the following circumstances:

“ The election authority, if convinced that errors of omission or commission have occurred on the part of the election authority, election judges, or any election personnel in the conduct of an election, may petition the circuit court for a recount ...[2] ”
—MRS 115.600

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

Missouri voting equipment

See also: Voting methods and equipment by state

Missouri uses paper and Direct Recording Electronic (DRE) systems for its elections. The state requires a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[4][5]

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. ↑ Missouri Revisor of Statutes, "115.601." accessed October 16, 2020
  2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Missouri State Legislature, "115.601," accessed Oct. 20, 2020
  4. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  5. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  6. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  7. ↑ A court may order a recount under Arizona law.
  8. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  9. ↑ 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.
  10. ↑ 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.
  11. ↑ 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.
  12. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  13. ↑ 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.
  14. ↑ No mention in state law.
  15. ↑ No mention in state law.
  16. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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