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Minnesota Legislature

Office of the Revisor of Statutes

204C.35 FEDERAL, STATE, AND JUDICIAL RACES.
    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 shall 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 shall 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.
    Subd. 2. Optional 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 be 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.
    Subd. 3. Scope of recount. A recount conducted as provided in this section is limited in
scope to the determination of the number of votes validly cast for the office to be recounted. Only
the ballots cast in the election and the summary statements certified by the election judges may be
considered in the recount process.
History: 1981 c 29 art 5 s 35; 1981 c 187 s 1; 1983 c 253 s 17; 1989 c 291 art 1 s 14; 1990 c
486 s 1; 1993 c 68 s 1; 1998 c 254 art 2 s 24; 1Sp2001 c 10 art 18 s 28; 2004 c 293 art 2 s 27