1.1 	A bill for an act
1.2 	relating to elections; changing certain recount requirements and procedures;
1.3 	amending Minnesota Statutes 2010, sections 204C.35, subdivision 1, by adding a 
1.4 	subdivision; 204C.36, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 204C.35, subdivision 1, is amended to read:
1.7 		Subdivision 1.AutomaticPublicly funded recounts. (a) In a state primary when 
1.8 	the difference between the votes cast for the candidates for nomination to:
1.9 	(1) a state legislative office is less than one-half of one percent of the total number of 
1.10 	votes counted for that nomination or is ten votes or less and the total number of votes cast 
1.11 	for the nomination is 400 votes or less; or
1.12 	(2) a statewide federal office, state constitutional office, statewide judicial office, 
1.13 	congressional office, state legislative office, or district judicial office:
1.14 	(1) is less than one-half the smaller of 3,000 votes or one-quarter of one percent of 
1.15 	the total number of votes counted for that nomination; or
1.16 	(2) is ten votes or less and the total number of votes cast for the nomination is 400 
1.17 	votes or less;
1.18 	and the difference determines the nomination, the canvassing board with responsibility 
1.19 	for declaring the results for that office shall manually recount the vote upon receiving a 
1.20 	written request from the candidate whose nomination is in question.
1.21 	Immediately following the meeting of the board that has responsibility for 
1.22 	canvassing the results of the nomination, the filing officer must notify the candidate that 
1.23 	the candidate has the option to request a recount of the votes at no cost to the candidate. 
2.1 	This written request must be received by the filing officer no later than 48 hours after the 
2.2 	canvass of the primary for which the recount is being sought.
2.3 	(b) In a state general election when the difference between the votes of a candidate 
2.4 	who would otherwise be declared elected to:
2.5 	(1) a state legislative office is less than one-half of one percent of the total number of 
2.6 	votes counted for that office or is ten votes or less and the total number of votes cast for 
2.7 	the office is 400 votes or less; or
2.8 	(2) a statewide federal office, state constitutional office, statewide judicial office, 
2.9 	congressional office, state legislative office, or district judicial office and the votes of 
2.10 	any other candidate for that office:
2.11 	(1) is less than one-half the smaller of 3,000 votes or one-quarter of one percent of 
2.12 	the total number of votes counted for that office; or
2.13 	(2) is ten votes or less if the total number of votes cast for the office is 400 votes or 
2.14 	less,
2.15 	the canvassing board shall manually recount the votes upon receiving a written request 
2.16 	from the candidate whose election is in question.
2.17 	Immediately following the meeting of the board that has responsibility for 
2.18 	canvassing the results of the general election, the filing officer must notify the candidate 
2.19 	that the candidate has the option to request a recount of the votes at no cost to the 
2.20 	candidate. This written request must be received by the filing officer no later than 48 hours 
2.21 	after the canvass of the election for which the recount is being sought.
2.22 	(c) A recount must not delay any other part of the canvass. The results of the recount 
2.23 	must be certified by the canvassing board as soon as possible.
2.24 	(d) Time for notice of a contest for an office which is recounted pursuant to this 
2.25 	section shall begin to run upon certification of the results of the recount by the canvassing 
2.26 	board.
2.27 	(e) A losing candidate may waive a recount required pursuant to this section by 
2.28 	filing a written notice of waiver with the canvassing board.

2.29 	Sec. 2. Minnesota Statutes 2010, section 204C.35, is amended by adding a subdivision 
2.30 	to read:
2.31 		Subd. 4.Filing officer. For the purposes of this section, the secretary of state is 
2.32 	the filing officer for candidates for all federal offices and for state offices voted on in 
2.33 	more than one county. The county auditor is the filing officer for state offices voted on 
2.34 	in only one county.

3.1 	Sec. 3. Minnesota Statutes 2010, section 204C.36, subdivision 1, is amended to read:
3.2 		Subdivision 1.RequiredPublicly funded recounts. (a) Except as provided in 
3.3 	paragraph paragraphs (b) and (c), a losing candidate for nomination or election to a 
3.4 	county, municipal, or school district office may request a recount of the votes cast for 
3.5 	the nomination or election to that office if the difference between the vote cast for that 
3.6 	candidate and for a winning candidate for nomination or election is less than one-half
3.7 	one-quarter of one percent of the total votes counted for that office. In case of offices 
3.8 	where two or more seats are being filled from among all the candidates for the office, the 
3.9 	one-half one-quarter of one percent difference is between the elected candidate with 
3.10 	the fewest votes and the candidate with the most votes from among the candidates who 
3.11 	were not elected.
3.12 	(b) A losing candidate for nomination or election to a county, municipal, or school 
3.13 	district office may request a recount of the votes cast for nomination or election to that 
3.14 	office if the difference between the votes cast for that candidate and for a winning 
3.15 	candidate for nomination or election is less than one-half of one percent, and the total 
3.16 	number of votes cast for the nomination or election of all candidates is more than 400 
3.17 	but less than 50,000. In cases of offices where two or more seats are being filled from 
3.18 	among all the candidates for the office, the one-half of one percent difference is between 
3.19 	the elected candidate with the fewest votes and the candidate with the most votes from 
3.20 	among the candidates who were not elected.
3.21 	(b) (c) A losing candidate for nomination or election to a county, municipal, or 
3.22 	school district office may request a recount of the votes cast for nomination or election 
3.23 	to that office if the difference between the vote cast for that candidate and for a winning 
3.24 	candidate for nomination or election is ten votes or less, and the total number of votes cast 
3.25 	for the nomination or election of all candidates is no more than 400. In cases of offices 
3.26 	where two or more seats are being filled from among all the candidates for the office, 
3.27 	the ten vote difference is between the elected candidate with the fewest votes and the 
3.28 	candidate with the most votes from among the candidates who were not elected.
3.29 	(c) (d) Candidates for county offices shall file a written request for the recount 
3.30 	with the county auditor. Candidates for municipal or school district offices shall file 
3.31 	a written request with the municipal or school district clerk as appropriate. All requests 
3.32 	shall be filed during the time for notice of contest of the primary or election for which a 
3.33 	recount is sought.
3.34 	(d) (e) Upon receipt of a request made pursuant to this section, the county auditor 
3.35 	shall recount the votes for a county office at the expense of the county, the governing 
3.36 	body of the municipality shall recount the votes for a municipal office at the expense of 
4.1 	the municipality, and the school board of the school district shall recount the votes for a 
4.2 	school district office at the expense of the school district.