Iowa Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

Paper ballot (optical scanners, hand counted paper ballots, or a mix) For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount and retabulation Counting method chosen by election official

In each county, a three-person recount board determines whether ballots shall be recounted by hand or retabulated. Both the initial counting method and knowledge regarding error, damage, or misconduct are taken into consideration by the board in determining the counting method. See the Iowa Code, Title II, Section 50.48, “General Recount Provisions,” Subsection (4): http://www.legis.state.ia.us/IACODE/1999/50/48.html..

Initiating Mechanism: 

Candidate-initiated Voter-initiated Election official-initiated Election Official-Initiated Recounts: If errors in either the count or the performance of voting equipment are suspected, the election commissioner may request a recount, referred to in Iowa statute as “an administrative recount.” See Section 50.50, “Administrative recounts”: http://www.legis.state.ia.us/IACODE/1999/50/50.html. Timing: There are no requirements or restrictions provided in the above statute regarding when an election commissioner must file their request.

Candidate-Initiated Options: 

Candidate determines how many/which precincts to recount See Section 50.48, Subsection (1). Any candidate on the ballot in any election may request a recount. While candidates choose the initial precincts to be counted, for any recount, a member of the recount board may expand the recount to include precincts not initially listed in the recount request. See Section 50.48, Subsection (4)(b). Timing: Candidates must file their request not later than three days after the canvass. See Section 50.48, Subsection (1)(a). The board conducting the recount must finish the count no later than 18 days after the initial canvass. See Section 50.48, Subsection (4)(c). While candidates choose the initial precincts to be counted, for any recount, a member of the recount board may expand the recount to include precincts not originally listed in the recount request. See Section 50.48, Subsection (4)(b). Timing: For both candidate and voter initiated recounts, the recount must be requested not later than three days after the canvass.

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions A minimum of either ten voters or 1% of the number of voters who voted for a given measure, whichever is greater, is required to request a recount for a public measure. See Section 50.49, “Recounts for public measures”: http://www.legis.state.ia.us/IACODE/1999/50/49.html. Timing: For both candidate- and voter-initiated recounts, the recount must be requested not later than three days after the canvass and the board conducting the recount must finish the count no later than 18 days after the initial canvass. See Section 50.49.

Cost for Candidate-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Candidates are required to post a bond before the recount, unless the election results are within specified close vote margins. The amount varies depending on the office to be recounted, ranging from $100 to $1000. If the recount determines that the apparent winning candidate after the initial canvass is not in fact the winner, the bond is refunded to the candidate who requested the recount. See Section 50.48, Subsection (2).

Cost for Voter-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount Initiators must pay a $1000 deposit for statewide measures, or $100 for all other measures. A bond is not required if the election results are within specified close vote margins. While candidates may have their bond refunded if the recount declares a winner other than the apparent winning candidate from the initial canvass, there is no mention made of voters receiving their bond should a recount for a public measure return a different result. See Section 50.49, Subsection (2)(a).

Challengers and Observers: 

Statutes specify that recount must be public No statutory guidance for recount observers No statutory guidance for recount challengers No statutory guidance is provided for recount initiators to appoint either observers or challengers. However, Iowa has a unique practice of allowing the initiators to help appoint the recount board. For candidate-initiated recounts, each recount board is composed of an appointee made by the candidate requesting the recount, an appointee made by the apparent winning candidate, and a third member agreed upon by the first two appointees. For voter-initiated recounts, each recount board is composed of an appointee made by the recount initiator, an appointee made by the election commissioner, and a third member agreed upon by the first two appointees. In both instances, the activities of the board are overseen by the election commissioner. See, again, Section 50.48, Subsection (3) and Section 50.49. The Iowa Administrative Code specifies that “Recounts, like all canvasses of votes, are open to the public.” However, recounts are not subject to laws requiring certain types of public notice, as stated in Rule 721-26.106(50), “Access to meeting”: http://www.legis.state.ia.us/aspx/ACODocs/DOCS/3-10-2010.721.26.106.rtf.

Rules for Determining Voter Intent: 

Statutory guidance provided In addition to the statutory guidance given, the State Commissioner is also required to “develop uniform definitions of what constitutes a vote.” See Section 49.98, “Counting ballots”: http://www.legis.state.ia.us/IACODE/1999/49/98.html. See also the Iowa Administrative Code, Sections 721.26.10 through 721.26.20, available at: http://www.legis.state.ia.us/aspx/ACODocs/ruleList.aspx?pubDate=3-10-201....

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Iowa does not have audit laws.

Additional Resources: 
Iowa Code - Title II - Elections and Official Duties
Iowa Secretary of State