1997 Minnesota Statutes

     204C.35 Legislative and judicial races. 

    Subdivision 1.    Automatic recounts.  In a state 
 primary when the difference between the votes cast for the 
 candidates for nomination to a legislative office or to a 
 district judicial office is 100 or less, the difference is less 
 than ten percent of the total number of votes counted for that 
 nomination and the difference determines the nomination, the 
 canvassing board with responsibility for declaring the results 
 for that office shall recount the vote.  In a state general 
 election when the difference between the votes of a candidate 
 who would otherwise be declared elected to a legislative office 
 or to a district judicial office and the votes of any other 
 candidate for that office is 100 or less, the canvassing board 
 shall recount the votes.  A recount shall not delay any other 
 part of the canvass.  The results of the recount shall be 
 certified by the canvassing board as soon as possible.  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.  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 losing candidate for 
 nomination or election to a legislative office or to a district, 
 county, or county municipal court 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.  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. 

    HIST: 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