Recount laws in North Dakota

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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 North Dakota. 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 North Dakota.[1]

  • Does state law require automatic recounts?
    • Yes, if any candidate lost by less than or equal to 1% of the votes cast for the candidate with the most votes in a primary election. The margin is 0.5% for general elections and 0.25% for ballot measure elections.
  • When must an automatic recount be completed?
    • Completion deadlines vary by office type, as described below.
  • Can a recount be requested?
    • Yes, the recount can be requested within three days of the state canvass. In general and special elections, the requester must have been defeated by more than 0.5% and less than 2% of the votes cast for the candidate with the most votes. For primary elections, it must be between 1% and 2%. Completion deadlines vary by office type, as described below. A recount cannot be requested for ballot measure elections.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • There is no refund mentioned in state law.
  • Can a partial recount be requested?
    • No.

North Dakota recount procedures

Automatic recount procedures

North Dakota requires an automatic recount under the following circumstances:[1]

  • Primary election: if any candidate lost by less than or equal to 1% of the votes cast for the candidate with the most votes.
  • General and special elections: if any candidate lost by less than or equal to 0.5% of the votes cast for the candidate with the most votes.
  • Ballot measure election: if the measure passed or failed by 0.25% of the total votes cast on the measure.

The order to conduct an automatic recount must be made no later than four days after the canvass of the vote. The deadline to complete an automatic recount is no later than seven days after that order for state legislative elections and no later than 14 days for statewide elections. For all other elections, the deadline for completion is no later than eight days after the canvass.[1]

Requested recount procedures

Candidates may request a recount under the following circumstances:[1]

  • Primary election: if the requester is defeated by more than 1% and less than 2% of the votes cast for the candidate with the most votes.
  • General and special elections: if the requester is defeated by more than 0.5% and less than 2% of the votes cast for the candidate with the most votes.

A recount cannot be requested for a ballot measure election.

The deadline to request such a recount is no later than three days after the canvass of the vote. The deadline to complete the recount is no later than seven days after the order is given to conduct a requested recount for state legislative elections and no later than 14 days for statewide elections. For all other elections, the deadline for completion is no later than eight days after the canvass.[1]

The requester is responsible for costs associated with a recount. State law does not indicate whether these costs are refunded if the recount changes the election outcome.[1]

For more information about recount procedures in North Dakota, click here.

North Dakota voting equipment

See also: Voting methods and equipment by state

North Dakota uses paper ballot systems for its elections.[2][3]

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 1.5 North Dakota State Legislature, "16.1-16-01," accessed October 16, 2020
  2. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  3. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  4. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  5. ↑ A court may order a recount under Arizona law.
  6. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  7. ↑ 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.
  8. ↑ 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.
  9. ↑ 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.
  10. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  11. ↑ 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.
  12. ↑ No mention in state law.
  13. ↑ No mention in state law.
  14. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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