State Summary
Missouri statute does not provide for automatic recounts. Recounts can be requested by a defeated candidate who was defeated by less than one percent of the votes cast or by any person regarding a ballot measure that was defeated by less than one percent of the votes cast. A request for a recount must be made no later than seven days following the certification of the election. A requested recount must be completed no later than 20 days after the notice of the recount. Recounts in Missouri are conducted through a mix of hand counting, retabulation, and electronic review.
Counting Method
Mix of hand count and retabulation
Mix of hand count and retabulation
Counting method chosen by election official
Instructions for the counting method to be used in primary elections for court-ordered recounts and close-vote-margin recounts can be found in the Missouri Revised Statutes. Mo. Rev. Stat. § 115.541. Instructions for the counting method to be used in court-ordered recounts and close-vote-margin recounts for general elections can be found in Mo. Rev. Stat. § 115.585. These statutes allow the courts to order hand counts, retabulations or electronic reviews.
The counting instructions listed on pages 2-4 of the Official Recount Procedures and Timeline for the 2014 Constitutional Amendment provide details on how recounts are conducted on optical scan voting equipment.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated
Court-ordered
Close-vote margin
Candidate-initiated
Voter-initiated
Election official-initiated
Court-ordered
Election Official-Initiated Recounts:
Election authorities may petition the circuit court for a recount if they believe there to be “errors of omission or commission” that have occurred on the part of the election authority, election judges or any election personnel in the conduct of the election. Mo. Rev. Stat. § 115.600.
Timing: We found no timing requirement in the Missouri statutes specific to recounts requested by election officials.
Court-Ordered Recounts:
Voters and candidates may assert that “irregularities occurred in the election” and may challenge the “correctness of the returns” in any election by filing a petition in the appropriate court or legislative body. The court or legislative body will then hold hearings and may order a recount. Mo. Rev. Stat. § 115.527, 115.537, 115.553, 115.565 & 115.583.
Timing: Mo. Rev. Stat. § 115.531, 115.557, 115.565, 115.577.
Close Vote Margin Options
Less than or equal to 0.5%
Varies by election contest
Initiated by request
Less than or equal to 0.5%
Varies by election contest
Initiated by request
When a candidate filed or ballot question was filed with the county clerk or the county board of election commissioners, any contestant in a primary or other election contest, as well as any person whose position on a question was defeated, “shall have a right to a recount” if the candidate or ballot question was defeated by less than one percent of the votes. In cases where the candidate filed, or the ballot question was filed with the secretary of state, the close-vote margin is 0.5%. Mo. Rev. Stat. § 115.601(3).
Candidates and voters must first request or petition for a recount. Where the candidate filed or the ballot question was originally filed with the secretary of state, these recounts are initiated by filing a request with the secretary of state. Mo. Rev. Stat. § 115.601(3). Where the candidate filed or the ballot question was originally filed with other election authorities, these recounts are initiated by petition to the appropriate court. Mo. Rev. Stat. § 115.601(2).
Timing: Mo. Rev. Stat. § 115.601(2) & (3).
Candidate-Initiated Options
Contested election
Contested election
Any candidate for election to any office may challenge the correctness of the returns for the office charging that irregularities occurred in the election. Mo. Rev. Stat. § 115.553. These election contests are initiated by petition to the appropriate court or legislative body. Mo. Rev. Stat. § 115.531, 115.555, 115.563, 115.565 and 115.575. If the court or legislative body hearing a contest finds there is sufficient evidence showing irregularities which would place the result of any contested election in doubt, the court or legislative body shall order a recount of all votes brought in question by the petition or its answer. Mo. Rev. Stat. § 115.583, & 115.539.
Voter-Initiated Options
Voters may request recounts for initiatives/questions
Voters may request recounts for initiatives/questions
The result of any election on any question may be contested by one or more registered voters from the area in which the election was held. Mo. Rev. Stat. § 115.553. These contests are initiated by petition to the appropriate court Mo. Rev. Stat. § 115.555 and 115.575. If the court hearing a contest finds there is sufficient evidence showing irregularities which would place the result of any contested election in doubt, the court or legislative body shall order a recount of all votes brought in question by the petition or its answer. Mo. Rev. Stat. § 115.583.
Cost for Candidate-Initiated Recounts
Initiator pays deposit or bond before recount.
For recounts conducted at the order of the court during an election contest, contestants may be required to post a bond, and “the costs and expenses of any election contest, including the cost and expense of a recount, may be adjudged against the unsuccessful party.” Mo. Rev. Stat. § 115.547 and 115.591.
Cost for Voter-Initiated Recounts
Initiator pays deposit or bond before recount.
For recounts conducted at the order of the court during an election contest, contestants may be required to post a bond, and “the costs and expenses of any election contest, including the cost and expense of a recount, may be adjudged against the unsuccessful party.” Mo. Rev. Stat. § 115.547 and 115.591.
Challengers and Observers
Limited/specific
Limited/specific
For close-vote-margin recounts initiated under Mo. Rev. Stat. § 115.601(3), "no one other than the secretary of state, the election authorities involved, the contestant and the other witnesses described in this subsection, their attorneys, and those specifically appointed by the secretary of state to assist with the recount shall be present during any recount...." Mo. Rev. Stat. § 115.601(4).
For any recount ordered under Mo. Rev. Stat. § 115.539, 115.583 and 115.601(1) & (2), no one other than the election authority, representatives of the court or legislative body, the contestant and contestee, their attorneys, and those specifically appointed by the court or legislative body to assist with the recount shall be present during any recount. Mo. Rev. Stat. § 115.543 & 115.587.
For all recounts, the the persons to assist with the recount are appointed equally from lists submitted by the contestant and contestee. Mo. Rev. Stat. § 115.543, 115.587 & 115.601.
Rules for Determining Voter Intent
Statutory guidance provided
Statutory guidance on determining voter intent, and defining a valid vote, can be found in Mo. Rev. Stat. § 115.456. Further guidance is provided in the Code of State Regulations, Title 15, Division 30, Chapter 9, Uniform Counting Standards.
Resources
Missouri Revised Statutes - Title IX - Chapter 115
Missouri Secretary of State