Montana 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: 

Recount only Ballots are to be recounted by hand. See the Montana Code Annotated, Title 13, “Elections,” Section 13-16-412, “Procedure for recounting paper ballots”: http://data.opi.mt.gov/bills/mca/13/16/13-16-412.htm.

Initiating Mechanism: 

Candidate-initiated Voter-initiated Election official-initiated Court-ordered Election Official-Initiated Recounts: A canvassing board may petition for a recount if they believe there to be errors affecting the accuracy of the vote totals. See Section 13-16-201, “Conditions under which recount to be conducted,” Subsection (f): http://data.opi.mt.gov/bills/mca/13/16/13-16-201.htm. See also Section 13-15-403, “Canvass to be public... petition for recount,” Subsection (4): http://data.opi.mt.gov/bills/mca/13/15/13-15-403.htm. Timing: The appropriate recount board must convene no later than five days after receiving notice of the need for a recount from the election administrator. See Section 13-16-204, “Meeting of recount board when recount requested”: http://data.opi.mt.gov/bills/mca/13/16/13-16-204.htm. Court-Ordered Recounts: Court-ordered recounts are not entirely distinct from candidate- or voter-initiated recounts, as the proceedings must be initiated by either a candidate or voter before the court may determine the need for a recount. However, the final decision remains with the court, who determines whether the concerns stated by the initiator are valid before ordering the recount. This is distinct from the other recounts discussed below, in which candidates and voters may demand a recount take place, without involvement of the court's discretion. Any “unsuccessful candidate for any public office at an election” may request a recount with the court for “any or all of the precincts” in which they were on the ballot. Similarly, any voter who was eligible to vote on a ballot issue may petition for a recount. See the Montana Code Annotated, Section 13-16-301, “Application and court order for recount”: http://data.opi.mt.gov/bills/mca/13/16/13-16-301.htm. Timing: Initiators must petition the court within five days after the canvass of the election returns.

Candidate-Initiated Options: 

Close vote margin required Candidates are entitled to a recount if there is a close vote margin for their contest, which varies depending on the office sought. For candidates seeking a precinct, county, municipal, or district office voted for only in one county, the vote margin between the recount initiator and the apparent winning candidate must be .25% or less of all votes cast, or 10 votes or less, whichever is greater. See Section 13-16-201, Subsection (1)(a). For candidates seeking congressional or state office, a district office voted on in more than one county, or a legislative or district court judicial office, the vote margin must be .25% or less of the votes cast for all candidates. See Section 13-16-201, Subsection (1)(b). Regarding federal offices, while Section 13-16-201 mentions only congressional offices, a separate statute allows for recounts for any candidate for public office, if there is a close vote margin of greater than .25% but less than .5% of the total votes cast for all candidates for the same office, and if the candidate pays a bond for the recount. See Section 13-16-211, “Recounts allowed if bond posted to cover all costs”: http://data.opi.mt.gov/bills/mca/13/16/13-16-211.htm. Timing: All recount petitions must be filed within five days after the official canvass.

Voter-Initiated Options: 

Close vote margin required Voters may request recounts for initiatives/questions Voters may request recounts for questions at the municipal, county, district, or state level. For all, there is a close vote margin of .25% or less. The request must include signatures from multiple voters, the number of which varies depending on the jurisdictional level. For questions voted on in municipalities, counties, or districts within a single county, the request must include at least 10 signatures. For questions voted on in multicounty districts, 25 signatures are required. For questions voted on at the state level, 100 signatures are required. See Section 13-16-201, Subsections (1)(c), (1)(d), and (1)(e). Timing: All recount petitions must be filed within five days after the official canvass.

Cost for Candidate-Initiated Recounts: 

Paid entirely by state or county Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Costs for candidate-initiated recounts with close vote margins: Candidates are not assessed the recount costs if there is a close vote margin of not more than .25% of the total votes cast for all candidates for that office. See Section 13-16-205, “Expenses of recount”: http://data.opi.mt.gov/bills/mca/13/16/13-16-205.htm. For contests in which there is a vote margin of more than .25% (but not exceeding .5%), candidates must pay a bond covering the entire cost of the recount. There is no mention made of this bond being refunded if the outcome of the election is changed. See Section 13-16-211, Subsection (2). Costs for court-ordered recounts: Candidates are responsible for the entirety of costs for court-ordered recounts, and must pay a bond before the recount begins. However, if the recount determines the initiator to be the winner of the election, the bond is refunded. See Section 13-16-307, “Expenses of court-ordered recount”: http://data.opi.mt.gov/bills/mca/13/16/13-16-307.htm.

Cost for Voter-Initiated Recounts: 

Paid entirely by state or county Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Costs for voter-initiated recounts with close vote margins: Voters requesting a recount on any ballot question for which the close vote margin is .25% or less are not assessed any of the recount costs. See Section 13-16-205, “Expenses of recount”: http://data.opi.mt.gov/bills/mca/13/16/13-16-205.htm. Costs for court-ordered recounts: Initiators are responsible for the entirety of costs for court-ordered recounts, and must pay a bond before the recount begins. However, if the recount changes the outcome of the election, the bond is refunded. See Section 13-16-307, “Expenses of court-ordered recount”: http://data.opi.mt.gov/bills/mca/13/16/13-16-307.htm.

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Montana statute specifies both that recounts must be public and that news media may be present. Recount initiators may be present or appoint a representative to observe the process in their stead. For ballot issues, one voter representing each side of the question may observe. See Section 13-16-411, “Individuals entitled to appear at recount”: http://data.opi.mt.gov/bills/mca/13/16/13-16-411.htm.

Rules for Determining Voter Intent: 

Secretary of State or Election Board responsible for defining intent The Secretary of State is charged with developing rules on voter intent. Using these rules, a majority of the members of a counting or recounting board must agree that the voter intent is clear for the vote to be considered valid. See Section 13-15-206, “Counting votes -- uniformity -- rulemaking – definitions”: http://data.opi.mt.gov/bills/mca/13/15/13-15-206.htm. The Secretary of State's rule on the matter can be found in the Montana Administrative Rules, Rule 44.3.2402, “Determining a valid vote in manually counting and recounting paper and opti-scan ballots”: http://www.mtrules.org/gateway/RuleNo.asp?RN=44.3.2402.

Audit Laws: 

State has audit laws Montana recently passed a post-election audit law. See: http://ceimn.org/state-audit-legislation-reference-guide/montana.

Additional Resources: 
Montana Annotated Code - Title 13 - Elections
Montana Secretary of State