State Summary
Minnesota conducts automatic recounts of constitutional amendments when the margin is within 0.25%. Otherwise, recounts of all other contests require a petition; the close vote margin for taxpayer-funded recounts depends on the contest. In federal, statewide, and judicial district races, a losing candidate can request a recount if the margin is 0.25% or is 10 votes or less when the total number of votes cast is 400 votes or less. Candidates may also petition for a recount of contests outside the relevant close vote margin. Voters may also request recounts for ballot questions, with taxpayer-funded recounts available at certain close vote margins. Minnesota law also provides for recounts initiated by the secretary of state as well as audit-initiated recounts. Recount petition timing requirements vary. Notably, any request to recount the election of presidential electors must be made by 5 p.m. on the day after the canvass is completed. A recount for the election of presidential electors must be completed no later than six days after the recount is requested. Minn. Stat. § 204C.35(2b). Recounts in Minnesota are conducted manually.
Counting Method
Hand count only
As of 2008, all recounts in Minnesota must be conducted manually. The counting method is described in Minn. Stat. § 204C.21 and on pages 9-11 of the Recount Guide.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated
Audit-initiated
Election Official-Initiated Recounts
"The secretary of state may conduct a recount to verify the accuracy of vote counting and recording in one or more precincts in which an electronic voting system was used in the election. The results of the recount must be reported to the appropriate canvassing board." Minn. Stat. § 206.88.
Audit-Initiated Recounts:
Minnesota's post-election audit law (referred to in statute as a “postelection review”) contains a three-stage escalation protocol. For the final stage, the law states that if audits in “one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred,” a manual recount is to be conducted. Minn. Stat. § 206.89(5)(b).
Close Vote Margin Options
Vote count difference (not percentage-based)
Varies by number of votes cast
Varies by election contest
Initiated by request
Initiated automatically
Statutory changes in 2013 required that previously automatic close vote margin recounts would now require a request from candidates. Even though these recounts require a request, we still consider them “close vote margin” recounts because the primary initiating mechanism is the close vote trigger that entitles candidates and voters to publicly funded recounts.
For federal, statewide and district judicial races, a losing candidate can request a recount if the margin of victory is below 0.25% of the total number of votes counted or is ten votes or less and the total number of votes cast is 400 votes or less. Minn. Stat. § 204C.35(1)(a)(2) and (b)(2).
For state legislative races a losing candidate can request a recount if the margin of victory is below 0.5% of the total number of votes counted or is ten votes or less and the total number of votes cast for the nomination is 400 votes or less. Minn. Stat. § 204C.35(1)(a)(1) and (1)(b)(1).
For county, school district and municipal elections, a losing candidate can request a recount if the margin of victory is less than 0.25% of the total number of votes counted for that nomination or election. Minn. Stat. § 204C.36(1)(a). A losing candidate can also request a recount if the difference between the votes cast for that candidate and for a winning candidate is less than 0.5% and the total number of votes cast for all candidates is more than 400 but less than 50,000, or if the difference is ten votes or less and the total number of votes cast for the nomination or election of all candidates is not more than 400. Minn. Stat. § 204C.36(1)(b–c).
The close vote margin is calculated by dividing the difference between the defeated candidate and the apparent winning candidate by the total number of votes cast for the office. See Minn. Stat. § 204C.36(1) for recounts in county, school, district, and municipal elections and Minn. Stat. § 204C.35(1) for federal, state, and judicial races.
For a county, school or municipal ballot questions, publicly funded recounts may be requested by any person eligible to vote on the question if the difference between the votes cast for the question and against the question is less than or equal to the difference provided in Minn. Stat. § 204.36(1). Minn. Stat. § 204.36(3).
For constitutional amendments, “In a state general election when the difference between the number of ‘yes’ votes cast on ratification of a proposed constitutional amendment is within one-quarter percent of the number of all other ballots cast at the election, the canvassing board shall manually recount the votes on that question, including the number of 'yes' or 'no' votes on the question, and the number of ballots that did not cast a vote on the question.” These close-vote margin recounts are automatic. Minn. Stat. § 204C.35(2a).
Candidate-Initiated Options
Candidate determines how many/which precincts to recount
Any candidate who loses by a margin greater than the close vote margin (as discussed above) can pay to have a recount conducted. Minn. Stat. §§ 204C.35(2)(a) and 36(2)(a).
Candidates who pay for a discretionary recount may select the first three precincts that are to be recounted and may waive the balance of the recount. Minn. Stat. §§ 204C.35(2)(d) and 36(2)(b).
Timing: Minn. Stat. §§ 204C.35(2)(c) and 36(2)(c).
Voter-Initiated Options
Voters may request recounts for initiatives/questions
When a ballot measure loses by a margin greater than the close vote margin, as discussed above, any voter eligible to vote on the ballot question, in a county, school district or municipal election can pay to have a recount conducted. To do so, a voter must file for a recount by submitting a petition including signatures from 25 similarly eligible voters. Minn. Stat. § 204C.36(3).
Timing: Minn. Stat. § 204C.36(3) and (5).
Cost for Candidate-Initiated Recounts
Payor of costs depends on outcome
The costs for the petitioner are detailed in Minn. Stat. § 204C.35(2) for recounts of federal, state and judicial races, and Minn. Stat.§ 204C.36(4) for county, school district, and municipal elections. However, if the recount changes the result or if the result of the recount is different from the original count “by a margin greater than two votes and greater than one-quarter of one percent of the number of ballots counted”, the jurisdiction conducting the recount is responsible for the costs. Minn. Stat. § 204C.36(2)(e–f) and Minn. Stat. § 204C.35(2)(f).
Cost for Voter-Initiated Recounts
No guidance
If the difference falls outside the close vote margin, voters may still request a recount for county, school district or municipal ballot measures, but are liable for all specified expenses. Minn. Stat. § 204C.36(3). Unlike candidate-initiated discretionary recounts, the statute is silent with respect to what happens if the recount of a ballot question changes the result.
Challengers and Observers
Party/candidate/initiator may appoint challengers; no guidance on observers; recount is public
Candidates and voters who initiate recounts may appoint representatives who have the ability to challenge ballots during the recount process. Minn. R. 8235.0800. Minnesota Administrative Rules also specify that recounts are open to the public. Minn. R. 8235.0600.
Rules for Determining Voter Intent
Minnesota statutes provide specific rules for determining the validity of marks made by voters. Minn. Stat. § 204C.22. See also Recount Guide, pp. 15-19.
Resources
Minn. Stat. § 204C.21
Minn. Stat. § 204C.22
Minn. Stat. § 204C.35
Minn. Stat. § 204C.36
Minn. Stat. § 206.88
Minn. Stat. § 206.89
Minn. R. 8235.0600
Minn. R. 8235.0800
Additional Resources
Minnesota Statutes - Chapters 200-212 - Elections
Minnesota Secretary of State
2018 Recount Guide