Iowa Recount Laws

This information was updates 1/26/2023 

Voting System Used

Paper ballot (hand marked paper ballots and ballot marking devices)

For more details, visit Verified Voting.

Counting Method

Mix of hand count and retabulation
Counting method chosen by election official

In each county, a three-person recount board determines whether ballots will be recounted by hand or retabulated.  All ballots that were accepted for counting will be recounted.  If the ballots were hand-counted on election day, the recount board must count the ballots by hand.  If voting equipment was used on election day, the recount board may request that the ballots be recounted by voting equipment, may count the ballots by hand or may conduct both types of counts.  See Iowa Code § 50.48, § 50.49 and Iowa Administrative Code (IAC) 721—26.105(2) & 721—26.104(1).  For additional information on recounts see the Election Administrator’s Guide available from the Office of the Iowa Secretary of State. 

Initiating Mechanisms

Election official-initiated
Close-vote margin
Candidate-initiated
Voter-initiated 

Election Official-Initiated Recounts:

Whenever the commissioner responsible for conducting an election suspects that errors in either the count or the performance of voting equipment may have affected the outcome of the election, or if precinct election officials report counting errors to the commissioner after the conclusion of the canvass of votes in the precinct, the  commissioner may submit a request for an administrative recount to the board of supervisors who would decide whether to order the recount.  IAC 721—21.25 and Iowa Code § 50.50.

Timing: IAC 721—21.25.

Close Vote Margin Options

Less than or equal to 1%
Vote count difference (and percentage based difference)
Initiated by request

There are no automatic recount provisions, but candidates and voters may petition for a taxpayer-funded recount when a close-vote margin exists. 

For candidates in primary and general elections:
No bond is required when the difference between the candidates or nominees for the office is less than fifty votes or one percent of the total number of votes cast, whichever is greater. Iowa Code § 50.48(2)(a) and Iowa Code § 43.56(2).

For ballot measures:
“If the difference between the affirmative and negative votes cast on the public measure is less than the greater of fifty votes or one percent of the total number of votes cast for and against the question, a bond is not required. If approval by sixty percent of the votes cast is required for adoption of the public measure, no bond is required if the difference between sixty percent of the total votes cast for and against the question and the number of affirmative votes cast is less than the greater of fifty votes or one percent of the total number of votes cast.”  Iowa Code § 50.49(4).

Timing: For candidates, see Iowa Code § 50.48(1)(a), (7) & (8)  and Iowa Code § 43.56. For ballot measures, see Iowa Code § 50.49.

Candidate-Initiated Options

Candidate determines how many/which precincts to recount

Any candidate on the ballot in any election may request a recount, including write-in candidates who are legally qualified to seek and hold the office. While candidates choose the initial precincts to be counted, a member of the recount board may expand the recount to other precincts in the same county. Iowa Code § 50.48(1)(a) & (4)(b)Iowa Code § 43.56 (primaries).

Timing:  Iowa Code § 50.48(1)(a), (7) & (8) for general elections.  Iowa Code § 43.56 for primaries.

Voter-Initiated Options

Voters may request recounts for initiatives/questions

A recount for a ballot measure requires a petition by not less than ten eligible electors or a number of eligible electors equal to 1% of the total number of votes cast for the measure, whichever is greater.  Iowa Code § 50.49.

Timing: Iowa Code § 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 and the population of the county. The bonds range 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. Iowa Code § 50.48(2) for general elections and § 43.56 for primaries.

Cost for Voter-Initiated Recounts

Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount

Initiators must post a $1000 bond  for statewide measures, or a $100 bond 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 changes the outcome of the election, the statute authorizing ballot measure recounts states that the procedure for the recount shall follow certain provisions of section 50.48 (for candidate recounts) but those provisions do not include the subsection § 50.48(2)(b) that requires the bond to be refunded if the outcome of election changes. Iowa Code § 50.49.

Challengers and Observers

Statutes specify that recount must be public
No statutory guidance for recount observers
No statutory guidance for recount challengers

Regulations require that recounts be open to the public, but observers may not participate in the recount. IAC 721-26.106.

No statutory guidance is provided for recount initiators to appoint either observers or challengers.  However, for candidate-initiated recounts, each recount board shall be composed of three members: (a) a designee of the candidate requesting the recount, (b) a designee of the apparent winning candidate (or in some primaries, the candidate with the highest vote count), and (c) a third member chosen jointly by the two designees. Iowa Code § 50.48(3)(a) for general elections and § 43.56 for primary elections.  

For voter-initiated recounts of ballot measures, each recount board shall be composed of three members: (a) a designee of the recount initiator, (b) a designee of the election commissioner, and (c) a third member agree upon by the two designees. Iowa Code § 50.49(2).

The Iowa Administrative Code contains regulations governing recounts. The relevant provisions are IAC §§ 721-26.101 to .104, 721-26.105(2), 721-26.106, and 721-26.107.

Rules for Determining Voter Intent

Statutory guidance provided

Rules for determining voter intent are found in IAC 721.26.10 through 721.26.21 and 721.26.104(3).

State Has Audit Laws
Yes

See Iowa Audit Laws at Verified Voting. 

Revision Notes

This information was updated 1/26/2023 using 2023 Iowa Code (updated to all acts signed by the governor as of 6/17/2023) and the Iowa Administrative Code current through 1/25/2023.

 

 


Source URL: https://ceimn.org/recount-and-audit-laws/recount-laws-database/iowa