1999 Minnesota Statutes

     204C.36 Recounts in county, school district, and 
  municipal elections. 

    Subdivision 1.    Required recounts.  A losing candidate 
 for nomination or election to a county, municipal, or school 
 district office may request a recount of the votes cast for the 
 nomination or election to that office if the difference between 
 the vote cast for that candidate and for a winning candidate for 
 nomination or election is:  

    (a) Five votes or less when the total vote cast for 
 nomination or election to that office is 100 votes or less; 

    (b) Ten votes or less when the total vote cast for 
 nomination or election to that office is more than 100 but not 
 more than 500 votes; 

    (c) Twenty votes or less when the total vote cast for 
 nomination or election to that office is more than 500 but not 
 more than 2,000 votes; 

    (d) One percent of the votes or less when the total vote 
 cast for nomination or election to that office is more than 
 2,000 but less than 10,000 votes; or 

    (e) One hundred votes or less when the total vote cast for 
 nomination or election to that office is 10,000 votes or more.  

    Candidates for county offices shall file a written request 
 for the recount with the county auditor.  Candidates for 
 municipal or school district offices shall file a written 
 request with the municipal or school district clerk as 
 appropriate.  All requests shall be filed during the time for 
 notice of contest of the primary or election for which a recount 
 is sought.  

    Upon receipt of a request made pursuant to this section, 
 the county auditor shall recount the votes for a county office 
 at the expense of the county, the governing body of the 
 municipality shall recount the votes for a municipal office at 
 the expense of the municipality, and the school board of the 
 school district shall recount the votes for a school district 
 office at the expense of the school district.  

    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 be 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.  

    Subd. 3.    Discretionary ballot question recounts.  A 
 recount may be conducted for a ballot question when the 
 difference between the votes for and the votes against the 
 question is less than or equal to the difference provided in 
 subdivision 1, clauses (a) to (e).  A recount may be requested 
 by any person eligible to vote on the ballot question.  A 
 written request for a recount must be filed with the filing 
 officer of the county, municipality, or school district placing 
 the question on the ballot and must be accompanied by a petition 
 containing the signatures of 25 voters eligible to vote on the 
 question.  If the difference between the votes for and the votes 
 against the question is greater than the difference provided in 
 subdivision 1, clauses (a) to (e), the person requesting the 
 recount shall also file with the filing officer of the county, 
 municipality, or school district a bond, cash, or surety in an 
 amount set by the appropriate governing body for the payment of 
 recount expenses.  The written request, petition, and any bond, 
 cash, or surety required must be filed during the time for 
 notice of contest for the election for which the recount is 
 requested.  

    Subd. 4.    Expenses.  In the case of a question, a 
 person, or a candidate requesting a discretionary recount, 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. 

    Subd. 5.    Notice of contest.  Time for notice of 
 contest of a nomination or election to a county office which is 
 recounted pursuant to this section shall begin to run upon 
 certification of the results of the recount by the county 
 canvassing board.  Time for notice of contest of a nomination or 
 election to a municipal office which is recounted pursuant to 
 this section shall begin to run upon certification of the 
 results by the governing body of the municipality.  Time for 
 notice of contest of a school district election that is 
 recounted under this subdivision begins to run on certification 
 of the results of the recount by the school board. 

    HIST: 1981 c 29 art 5 s 36; 1987 c 266 art 1 s 47; 1989 c 291 
 art 1 s 15