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Minnesota Recount Laws
This information was initially released on October 21, 2010. Note: See also the “2010 Recount Guide found here: http://www.sos.state.mn.us/Modules/ShowDocument.aspx?documentid=5236
Voting System Used:
Paper ballot (optical scanners, hand counted paper ballots, or a mix) For more details, visit Verified Voting.
Counting Method:
Recount only As of 2008, all recounts in Minnesota are to be conducted manually. The exact changes in the law requiring manual counts can be viewed at: https://www.revisor.mn.gov/laws/?doctype=Chapter&year=2008&type=0&id=336. The counting method is described in Section 204C.21, “Counting Ballots; Piling System”: https://www.revisor.mn.gov/statutes/?id=204C.21 The counting method for manual counts is described in the Minnesota Statutes, Section 204C.21, “Counting Ballots; Piling System”: https://www.revisor.mn.gov/statutes/?id=204C.21.
Initiating Mechanism:
Close vote margin Candidate-initiated Voter-initiated Audit-initiated Audit-Initiated Recounts: Minnesota's post-election audit law (referred to in statute as a “postelection review”) contains a three-stage escalation protocol. For the final stage, the law states that if audits in “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,” a manual recount is to be conducted. See Minnesota Statutes, Section 206.89, “Postelection Review of Voting Systems”: https://www.revisor.mn.gov/statutes/?id=206.89.
Close Vote Margin:
Less than or equal to .5% Vote count difference (not percentage-based) Varies by number of votes cast Minnesota has two forms of recounts with a close election trigger, an "automatic recount" and a "required recount." For automatic recounts, the appropriate canvassing board must conduct a recount (unless the losing candidate declines), while a required recount does not proceed unless requested by the respective candidate. Automatic recounts apply to statewide federal office, state constitutional office, statewide and district judicial offices, congressional office, and state legislative office, while required recounts apply to county, school district, and municipal races. The close vote margin is calculated by dividing the difference between the defeated candidate and the apparent winning candidate by the total number of votes cast for the office. For the vast majority of election contests that are eligible to be recounted, the close vote margin is less than 0.5% of total votes cast for that election contest. However, for local races in which 400 or fewer total votes are cast, a margin of 10 votes or less can also initiate recount. See Minnesota Statutes, Section 204C.36, “Recounts in county, school, district, and municipal elections,” Subdivision (1), "Required recounts": https://www.revisor.mn.gov/statutes/?id=204C.36. Further details, including the scope of the recount, can also be found in Section 204C.35, “Federal, State, and Judicial Races,” Subdivision (1), "Automatic recounts": https://www.revisor.mn.gov/statutes/?id=204C.35#stat.204C.35.
Candidate-Initiated Options:
Close vote margin required Candidate determines how many/which precincts to recount Minnesota provides two options for local candidates to request recounts. First, required recounts allow candidates to request a recount, to be paid for by the jurisdiction conducting the recount, if they lose within specified close vote margins (less than 0.5%). Second, any candidate who loses by a margin greater than 0.5% can pay to have a recount conducted. Candidates who pay for a discretionary recount may select the first three precincts that are to be recounted and may waive the balance of the recount. Timing: The request for a recount must be submitted in writing to the election jurisdiction within 5 days of the canvass of the primary election. The request for a recount must be submitted in writing to the election jurisdiction within 7 days of the canvass of the general election. (M.S. 204C.35, subd. 2; 204C.36; 209.021 subd. 1)
Voter-Initiated Options:
Voters may request recounts for initiatives/questions See Section 204C.36, Subdivision (3), "Discretionary ballot question recounts." Any voter eligible to vote on the ballot question may file for a recount by submitting a petition including signatures from 25 similarly eligible voters. See Section 204C.36, Subdivision (3), "Discretionary ballot question recounts."
Cost for Candidate-Initiated Recounts:
Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount The costs for which the initiating party in a discretionary recount is responsible are detailed in Section 204C.36, Subsection (4). If the discretionary recount shows the requesting candidate to have lost within a set close vote margin, the candidate is not liable for any of the expenses associated with the recount. For required recounts, the candidate is not responsible for any of the costs of the recount.
Cost for Voter-Initiated Recounts:
Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount As with candidate initiated recounts, if the difference between the votes cast in support of and opposed to a ballot question falls within the specified close vote margin, the initiators are not liable for any of the expenses associated with the recount. If the difference falls outside the close vote margin, voters may still request a recount but are liable for all specified expenses. See Section 204C.36, Subsection (3).
Challengers and Observers:
Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint challengers No statutory guidance provided for recount observers Both candidates and voters who initiate recounts may appoint representatives who have the ability to challenge ballots during the recount process. See Minnesota Rules, Chapter 8235.0800, “Counting and Challenging Ballots”: https://www.revisor.mn.gov/rules/?id=8235.0800. The Rules also specify that recounts are open to the public. See Chapter 8235.0600, “Facilities and Equipment”: https://www.revisor.mn.gov/rules/?id=8235.0600.
Rules for Determining Voter Intent:
Statutory guidance provided Minnesota's statutes provide specific rules for determining the validity of marks made by voters. See Section 204C.22, "Determining voter intent": https://www.revisor.mn.gov/statutes/?id=204C.22.
Audit Laws:
State has audit laws See: http://www.ceimn.org/state-audit-legislation-reference-guide/minnesota.
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