North Dakota Recount Laws

This information was initially released on October 21, 2010. Note: The website hosting the North Dakota Century Code does not allow for us to link to individual statutes. The table of contents for all election-related statutes can be found at http://www.legis.nd.gov/cencode/t161.html. Many of the statutes cited below can be found in Section 16.1-16, “Recounts and Contest of Elections,” available as a PDF: http://www.legis.nd.gov/cencode/t161c16.pdf.

Voting System Used: 

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

 

Counting Method: 

Required hand count of a sample of ballots in addition to other counting methods Mix of recount and retabulation Counting method chosen by initiator Initiators may choose to have ballots counted by hand. If the ballots are to be retabulated, a sample hand count must be conducted to verify the accuracy of the automatic tabulators. See the section on “Recount Employee Responsibilities” in the North Dakota Secretary of State Recount Guidelines, available at: http://www.nd.gov/sos/forms/pdf/recountGuidelines.pdf.

Initiating Mechanism: 

Close vote margin Candidate-initiated

Close Vote Margin: 

Less than or equal to 1% Less than or equal to .5% Less than or equal to .25% Varies by election contest North Dakota uses a method to calculate their close vote margin that differs slightly from many states. The difference in votes received by the apparent winning and runner-up candidates is not divided by the total vote, the total votes cast for the respective office, or the total votes received by the top two candidates. Rather, the difference is divided by the number of votes received by the apparent winning candidate. This lessens the probability of a close vote margin recount in North Dakota with respect to states that have otherwise similar close vote margin requirements. For questions, measures, and bonds only, the close vote margin is calculated using the total votes cast for the question. Recounts may be held for primary, general, and special elections. The margin varies depending on the race. It is 1% or less for primary elections; 0.5% or less for general and special elections; and less than .25% for questions, measures, and bonds. For all of the above, see 16.1-16-01. Election recounts, Subsection (1). Timing: Different timing requirements apply for different offices, but for all cases the recount must begin within fourteen days after the canvassing of votes by the appropriate canvassing board. See Section 16.1-16-01, Subsection (4).

Candidate-Initiated Options: 

Close vote margin required For primary elections, candidates may apply for a recount if they are defeated by a margin that is greater than 1% but less than 2% of the highest vote cast for a candidate for the office sought. For general and special elections, the margin of defeat must be more than .5% and less than two percent. See Section 16.1-16-01, Subsection (2). Also see our comments above under “Close Vote Margin” on North Dakota's particular calculation of the close vote margin. Timing: Recounts for county or city elections must be requested within three days after the meeting of the county canvassing board. Recounts for congressional, state, district, or legislative elections must be requested within three days after the meeting of the state canvassing board. See Section 16.1-16-01, Subsection (3). As with recounts initiated only by a close vote margin, different requirements for the commencement of the recount apply depending on the office sought. See Section 16.1-16-01, Subsection (4).

Cost for Candidate-Initiated Recounts: 

Paid entirely by initiator Initiator pays deposit or bond before recount Candidates must pay a bond when filing their recount application, in an amount previously determined by the election auditors. There is no provision for this bond to be returned if the recount alters the outcome of the election.

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint challengers No statutory guidance for recount observers The Election Code does not specifically create the role of a “challenger” or “observer” but does provide guidance for “individuals entitled to participate at the recount.” These include candidates, “either personally or by a representative,” and “qualified electors” for those recounts involving a question or proposition. These individuals are given the power to “challenge the acceptance or exclusion of any ballot.” See also the list of recount participant privileges on pages 10 and 15 of the Recount Guidelines: http://www.nd.gov/sos/forms/pdf/recountGuidelines.pdf. We found no statute requiring that the recount be conducted publicly, though the Recount Guidelines clearly state that members of the media shall be notified about the time and location of the recount. See page 14.

Rules for Determining Voter Intent: 

Secretary of State or Election Board responsible for defining intent The Secretary of State is charged with developing criteria for determining voter intent. See Section 16.1-15-01, “Ballots void and not counted - Part of ballot may be counted”: http://www.legis.nd.gov/cencode/t161c15.pdf. If there are disagreements regarding how to count a vote for the purposes of a recount, the recount board is to decide by majority vote. See Section 16.1-16-01, Subsection (7).

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), North Dakota does not have audit laws. The following procedure, however, is conducted:

After each election, the Secretary of State shall order a random testing of the voting system programming for one precinct in each county of the state according to logic and accuracy testing procedures detailed in subsection 2 and as may be further defined by the secretary of state in writing. This test is to be conducted before the meeting of the county canvassing board.

See 16.1-06-15, Subsection (5): www.legis.nd.gov/cencode/t161c06.pdf.

Additional Resources: 
North Dakota Century Code - Title 16.1 - Elections
North Dakota Secretary of State