11/14/2011 Council Packet - Laserfiche WebLink

Home Search

3. errors by election judges in counting may be corrected by following specific procedures as prescribed by law. (MS. 204C.38; 204C.39; 205.185) 16.3 RECOUNTS Minnesota election law authorizes administrative recounts after the canvassing board certifies the results. Rather than seeking a court order, the election administrator, on behalf of the canvassing board, may conduct a manual recount. A recount is limited in scope; the sole issue a recount may resolve is whether the election judges arrived at the correct vote total. Original ballots that have been duplicated are not within the scope of a recount and must not be examined except as provided by a court in an election contest. Rejected absentee envelopes may not be opened or subject to further review except in an election contest pursuant to chapter 209. (MS. 203B.121, subd. 2; 204C.35, subd. 3) Minnesota Rules Chapter 8235 provides a complete discussion of the procedures for conducting a recount. See the Minnesota Recount Guide for more information on general procedures. 16.3.1 Discretionary Municipal Recounts While there is no automatic recount for municipal elections, a losing candidate for nomination or election to a municipal office may request a manual recount of the votes cast for the nomination or election to that office at the jurisdiction's expense if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is less than one half of one percent of the total votes counted for that office or if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is ten votes or less and the total number of votes cast for the nomination or election of all candidates is no more than 400. A losing candidate may request a recount at their own expense if the difference is greater than these stated differences. In cases of offices where two or more seats are being filled from among all the candidates for the office, the one half of one percent is the difference between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected. The candidate requesting the recount at their own expense may provide the filing officer with a list of up to three precincts that are to be recounted first and may waive the balance of the recount after these precincts have been counted. If the winner of the race is changed by the result of the recount or if the difference between the result of the recount and what was reported on Election Day is more than the accepted margin of error for the post election review, the cost of the recount is paid by the jurisdiction conducting the recount. (MS. 204C.36, subd. 1; 204C.36, subd. 2) 16.3.2 Ballot Question Recounts A written request for a recount on a question must be filed by any person eligible to vote on the ballot question, filed with the city clerk and be accompanied by a petition containing the signatures of 25 voters eligible to vote on the question. A recount on a ballot question may be requested within five days after a primary election canvass, and within seven days following the canvass of a general election. The clerk is responsible for conducting the recount on behalf of the city. The recount will be conducted at the city's expense if the difference between votes for and against are less than one -half of one percent of the total votes counted for that question, or 10 votes or less when the number of votes cast on that question is 400 or Less. If the difference between votes for and against the ballot question is greater, the person requesting the recount shall also file with the clerk a bond, cash or surety in an amount set by the city for payment of recount expenses at the time when the written request and petition is submitted. (MS. 204C.36, subd. 3) Office of the Minnesota Secretary of State 56