Minnesota Legislature
HF 3699
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to elections; providing for discretionary partial recounts; specifying
certain recount and postelection review procedures; amending Minnesota
Statutes 2006, sections 204C.35, subdivisions 1, 2, by adding a subdivision;
204C.36, subdivision 2, by adding a subdivision; 206.89, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 204C.35, subdivision 1, is amended to read:
Subdivision 1.
Automatic recounts.
(a) In a state primary when the difference
between the votes cast for the candidates for nomination to a statewide federal office,
state constitutional office, statewide judicial office, congressional office, state legislative
office, or district judicial office:
(1) is less than one-half of one percent of the total number of votes counted for
that nomination; or
(2) is ten votes or less and the total number of votes cast for the nomination is 400
votes or less;
and the difference determines the nomination, the canvassing board with responsibility for
declaring the results for that office shallnew text begin manuallynew text end recount the vote.
(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office and the votes of any other candidate for that office:
(1) is less than one-half of one percent of the total number of votes counted for
that office; or
(2) is ten votes or less if the total number of votes cast for the office is 400 votes or
less,
the canvassing board shallnew text begin manuallynew text end recount the votes.
(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.
(d) Time for notice of a contest for an office which is recounted pursuant to this
section shall begin to run upon certification of the results of the recount by the canvassing
board.
(e) A losing candidate may waive a recount required pursuant to this section by
filing a written notice of waiver with the canvassing board.
Sec. 2.
Minnesota Statutes 2006, section 204C.35, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Optionaldeleted text end new text begin Discretionary candidatenew text end recount.
(a) A losing candidate for
nomination or election to a statewide federal office, state constitutional office, statewide
judicial office, congressional office, state legislative office, or district judicial office may
request a recount in a manner provided in this section at the candidate's own expense when
the vote difference is greater than the difference required by this section. The votes shall
benew text begin manuallynew text end recounted as provided in this section if the candidate files a request during the
time for filing notice of contest of the primary or election for which a recount is sought.
(b) The requesting candidate shall file with the filing officer a bond, cash, or surety
in an amount set by the filing officer for the payment of the recount expenses. The
requesting candidate is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; the costs of computer
operation, preparation of ballot counting equipment, necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.
Sec. 3.
Minnesota Statutes 2006, section 204C.35, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Discretionary partial candidate recount. new text end
new text begin
(a) A losing candidate for
nomination or election to an office where the difference between the votes cast for that
candidate and the winning candidate is greater than one-half of one percent and less
than five percent of the total votes counted for the office may request a partial manual
recount at the candidate's expense. The recount official must determine the expenses for
the partial recount in the manner provided by subdivision 2, paragraph (b). The request
for a partial recount must be submitted in writing to the recount official during the time
for filing notice of contest of the primary or election for which a recount is sought. The
candidate requesting the recount may identify in the request up to three specific precincts
in which the ballots are to be recounted. Any specific precincts requested by a candidate
for recount must be recounted.
new text end
new text begin
(b) If the results of the vote counting in the manual recount is different from the
results of the vote counting reported on election day by a margin greater than the standard
for acceptable performance of voting systems provided in section 206.89, subdivision 4,
the election results shall be subject to a complete review as provided in section 206.89,
subdivision 5. If the costs of the partial recount indicate a result different from that
which was reported on election day, any costs submitted by the candidate to pay for the
recount shall be refunded and the costs assumed by the political subdivision in which
the discrepancy occurred.
new text end
new text begin
(c) This subdivision does not apply to any of the offices covered by section 206.89,
subdivision 3.
new text end
Sec. 4.
Minnesota Statutes 2006, section 204C.36, subdivision 2, is amended to read:
Subd. 2.
Discretionary candidate recounts.
A losing candidate for nomination
or election to a county, municipal, or school district office may request a recount in the
manner provided in this section at the candidate's own expense when the vote difference is
greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall
benew text begin manuallynew text end recounted as provided in this section if the requesting candidate files with
the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an
amount set by the governing body of the jurisdiction or the school board of the school
district for the payment of the recount expenses.
Sec. 5.
Minnesota Statutes 2006, section 204C.36, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Discretionary partial candidate recount. new text end
new text begin
(a) A losing candidate for
nomination or election to an office where the difference between the votes cast for that
candidate and the winning candidate is greater than one-half of one percent and less than
five percent of the total votes counted for the office may request a partial manual recount
at the candidate's expense. The recount official must determine the expenses for the partial
recount in the manner provided by section 204C.35, subdivision 2, paragraph (b). The
request for a partial recount must be submitted in writing to the recount official during the
time for filing notice of contest of the primary or election for which a recount is sought.
The candidate requesting the recount may identify in the request up to three specific
precincts in which the ballots are to be recounted. Any specific precincts requested by a
candidate for recount must be recounted.
new text end
new text begin
(b) If the results of the vote counting in the manual recount is different from the
results of the vote counting reported on election day by a margin greater than the standard
for acceptable performance of voting systems provided in section 206.89, subdivision 4,
the election results shall be subject to a complete review as provided in section 206.89,
subdivision 5. If the costs of the partial recount indicate a result different from that
which was reported on election day, any costs submitted by the candidate to pay for the
recount shall be refunded and the costs assumed by the political subdivision in which
the discrepancy occurred.
new text end
Sec. 6.
Minnesota Statutes 2006, section 206.89, subdivision 2, is amended to read:
Subd. 2.
Selection for review; notice.
At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.
At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed. The county canvassing board of a county with fewer than
50,000 registered voters must select at least two precincts for postelection review. The
county canvassing board of a county with between 50,000 and 100,000 registered voters
must select at least three precincts for review. The county canvassing board of a county
with over 100,000 registered voters must select at least four precinctsnew text begin , or five percent of
the total number of precincts in the county, whichever is greater. A losing candidate may
select up to three specific precincts to be reviewed. Any precincts selected by a candidate
must be included in the postelection reviewnew text end . deleted text begin Thedeleted text end new text begin All othernew text end precincts must be selected by
lot at a public meeting. At least one precinct selected in each county must have had more
than 150 votes cast at the general election.
The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will
be conducted, as soon as the decisions are made. The secretary of state must post this
information on the office Web site.