Recount laws in Montana

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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 Montana. 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 Montana.[1]

  • Does state law require automatic recounts?
    • Yes, when a tie vote occurs.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, a candidate or voter may request a recount within five days after the canvass. For ballot measures, the margin of victory must be less than or equal to 0.25%. For candidates, the margin must be less than or equal to 0.5%. A court or election official may also request a recount. There is no set deadline for the completion of a requested recount. See below for more details regarding specific requesters and offices.
  • Who pays for a requested recount?
    • Varies. The state pays for requested recounts when the margin of victory is less than or equal to 0.25%. If a candidate requests a recount where the margin is greater than 0.25% and less than 0.5%, the requester pays. The requester is also responsible if he or she petitions the court for a recount.
  • Is a refund available for requested recount costs?
    • Maybe. In the case of a court-ordered recount, costs paid by the requester are refunded if the recount changes the election outcome. For non-court-ordered recounts not paid for by the state, state law does not mention whether the candidate is refunded in such an event.
  • Can a partial recount be requested?
    • No.

Montana recount procedures

Automatic recount procedures

Montana requires an automatic recount in the event of a tie.[2] State law does not specify a set deadline for the completion of the automatic recount.

Requested recount procedures

Montana allows voters, regarding ballot question elections, and defeated candidates to request a recount paid for by the state under the following circumstances:

“

(a) a candidate for a precinct office or for a county, municipal, or district office voted for in only one county, other than a legislator or a judge of the district court, is defeated by a margin not exceeding 1/4 of 1% of the total votes cast or by a margin not exceeding 10 votes, whichever is greater, and the defeated candidate, within 5 days after the official canvass, files with the election administrator a verified petition stating that the candidate believes that a recount will change the result and that a recount of the votes for the office or nomination should be conducted;

(b) a candidate for a congressional office, a state or district office voted on in more than one county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast for all candidates for the same position and the defeated candidate, within 5 days after the official canvass, files a petition with the secretary of state as set forth in subsection (1)(a). The secretary of state shall immediately notify each election administrator whose county includes any precincts that voted for the office, and a recount must be conducted in those precincts.

(c) a question submitted to the vote of the people of a county, municipality, or district within a county is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the election administrator. This petition must be signed by not less than 10 electors of the jurisdiction and must be filed within 5 days after the official canvass.

(d) a question submitted to the vote of the people of the state is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 100 electors of the state, representing at least five counties of the state, and must be filed within 5 days after the official canvass.

(e) a question submitted to the vote of the people of a multicounty district is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 25 electors of the district, representing at least two counties, and must be filed within 5 days after the official canvass.[3]

”
—MCA 13-16-201(a)-(e)

Additionally, a defeated candidate may request a recount paid for by the requester if the margin is greater than 0.25% but less than or equal to 0.5% of the total votes cast. The deadline to request such a recount is no later than five days after the canvass.[4]

A court may order a recount but only after a defeated candidate or voter, regarding a ballot measure, requests a recount before the court. The deadline to request a court-ordered recount is no later than five days after the canvass. The requester must specify grounds for the recount. The decision ultimately rests with the court's determination as to whether there is probable cause to believe that votes were improperly counted.[5] The requester of a court-ordered recount is responsible for any costs associated with that recount unless the recount changes the outcome of the election, in which case any costs paid are refunded.[6]

Election officials may request a recount under the following circumstances:

“ If during a canvass the board finds an error in a precinct or precincts affecting the accuracy of vote totals, the board immediately may petition for a recount of the votes cast in the precinct or precincts, as provided in 13-16-201, or for an inspection of ballots, as provided in 13-16-420.[3] ”
—MCA 13-15-403(4)

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

Montana voting equipment

See also: Voting methods and equipment by state

Montana uses paper ballot systems for its elections.[7][8]

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. ↑ Montana State Legislature, "13-16-201-11," accessed October 16, 2020
  2. ↑ Montana State Legislature, "13-16-203," accessed Oct. 20, 2020
  3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ Montana State Legislature, "13-16-211," accessed Oct. 21, 2020
  5. ↑ Montana State Legislature, "13-16-301," accessed Oct. 20, 2020
  6. ↑ Montana State Legislature, "13-16-307," accessed Oct. 20, 2020
  7. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  8. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  9. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  10. ↑ A court may order a recount under Arizona law.
  11. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  12. ↑ 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.
  13. ↑ 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.
  14. ↑ 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.
  15. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  16. ↑ 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.
  17. ↑ No mention in state law.
  18. ↑ No mention in state law.
  19. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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