Minnesota Recount Laws
This information was updated on 11/7/2022.
Note: See the “2018 Recount Guide" found here.
Paper ballot (hand marked paper ballots and ballot marking devices)
For more details, visit Verified Voting.
Hand count
As of 2008, all recounts in Minnesota are to be conducted manually. The counting method is described in MS 204C.21 and on pages 9-11 of the Recount Guide.
Close vote margin
Candidate-initiated
Voter-initiated
Audit-initiated
Election official-initiated
Election Official-Initiated Recounts
"The secretary of state may conduct a recount to verify the accuracy of vote counting and recording in one or more precincts in which an electronic voting system was used in the election. The results of the recount must be reported to the appropriate canvassing board." See MS 206.88.
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 MS 206.89 (5)(b).
Varies by election contest
Vote count difference (not percentage-based)
Varies by number of votes cast
Initiated by request
Initiated automatically (for constitutional amendments)
Statutory changes in 2013 required that previously automatic close vote margin recounts would now require a request from candidates. Even though these recounts require a request, we still consider them “Close vote margin” recounts because the primary initiating mechanism is the close-vote trigger which entitles candidates and voters to publicly funded recounts.
For federal, statewide and district judicial races, a losing candidate can request a recount if the margin of victory is below 0.25% of the total number of votes counted or is ten votes or less and the total number of votes cast is 400 votes or less. See MS 204C.35(1)(a)(2) and (b)(2).
For state legislative races a losing candidate can request a recount if the margin of victory is below 0.5% of the total number of votes counted or is ten votes or less and the total number of votes cast for the nomination is 400 votes or less. See MS 204C.35(1)(a)(1) and MS 204C.35(1)(b)(1).
For county, school district and municipal elections, a losing candidate can request a recount if the margin of victory is less than 0.25% of the total number of votes counted for that nomination or election. See MS 204C.36(1)(a). A losing candidate can also request a recount if the difference between the vote cast for that candidate and for a winning candidate is less that 0.5% and the total number of votes cast for all candidates is more than 400 but less than 50,000, or if the difference is ten votes or less and the total number of votes cast for the nomination or election of all candidates is not more than 400. See MS 204C.36(1)(b) & (c).
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. See MS 204C.36 (1) for recounts in county, school, district, and municipal elections and MS 204C.35 (1) for federal, state, and judicial races.
For a county, school or municipal ballot questions, publicly funded recounts may be requested by any person eligible to vote on the question if the difference between the votes cast for the question and against the question is less than or equal to the difference provided in MS 204.36(1). See MS 204.36(3).
For constitutional amendments, "In a state general election when the difference between the number of 'yes' votes cast on ratification of a proposed constitutional amendment is within one-quarter percent of the number of all other ballots cast at the election, the canvassing board shall manually recount the votes on that question, including the number of 'yes' or 'no' votes on the question, and the number of ballots that did not cast a vote on the question." These close-vote margin recounts are automatic. MS 204C.35(2a).
Candidate determines how many/which precincts to recount
Any candidate who loses by a margin greater than the close vote margin (as discussed above) can pay to have a recount conducted. See MS 204C.35(2)(a) and 204C.36(2)(a). 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. See MS 204C.35(2)(d) and 204C.36(2)(b).
Timing: See MS 204C.35,(2)(C) and MS 204C.36(2)(C).
Voters may request recounts for initiatives/questions
When a ballot measure loses by a margin greater than the close vote margin as discussed above, any voter eligible to vote on the ballot question, in a county, school district or municipal election can pay to have a recount conducted. To so do, a voter must file for a recount by submitting a petition including signatures from 25 similarly eligible voters. See MS 204C.36(3).
Timing: See MS 204C.36(3) & (5).
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
The costs for the petitioner are detailed in MS 204C.36(4) & 204C35(2). However, if the recount changes the result or if the difference between the original count and the recount exceeds the standard for acceptable voting system performance, the jurisdiction conducting the recount is responsible for the costs. See MS 204C.36(2)(e) & (f) & 204C35(2)(f).
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
If the difference falls outside the close vote margin, voters may still request a recount for county, school district or municipal ballot measures, but are liable for all specified expenses. See MS 204C.36(3). Unlike candidate-initiated discretionary recounts, the statute is silent with respect to what happens if the recount of a ballot question changes the result, or indicates that the voting system did not perform within the acceptable performance standard.
Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint challengers
No statutory guidance provided for recount observers
Candidates and voters who initiate recounts may appoint representatives who have the ability to challenge ballots during the recount process. See Minnesota Administrative Rules, Chapter 8235.0800. The Rules also specify that recounts are open to the public. See Chapter 8235.0600.
Statutory guidance provided
Minnesota's statutes provide specific rules for determining the validity of marks made by voters. See MS 204C.22. See also pages 15-19 of the Recount Guide.
See Minnesota's audit law information at Verified Voting.
This information was updated on 11/7/2022 using the 2022 Minnesota Statutes.