State Summary
North Dakota statute provides for an automatic recount when the margin separating the two leading candidates in a contest is less than or equal to 1% of the votes cast for the candidate with the most votes in a primary election. The margin is 0.5% in a general election and 0.25% in a ballot measure election. A recount can be requested by a candidate who was defeated by more than 0.5% and less than 2% of the votes cast for the candidate with the most votes. In a primary election the difference must be between 1% and 2%. Recounts cannot be requested for ballot measure elections. A recount can be requested no later than three days after the state canvass. The recount must be completed no later than seven days after the order is given for state legislative elections and no later than 14 days for statewide elections. The requester is responsible for the cost of a requested recount. Recounts in North Dakota are conducted through a mix of hand counting and retabulation.
Counting Method
Required hand count of a sample of ballots in addition to other counting methods
Mix of hand count and retabulation
Required hand count of a sample of ballots in addition to other counting methods
According to the North Dakota Recount Guidelines, recounts may involve hand-counting or machine retabulation. If the ballots are to be retabulated, a sample hand count must be conducted to verify the accuracy of the voting machines. During a retabulation, ballots containing undervotes for the office recounted and ballots rejected as uncountable by the voting machine will be manually checked for voter intent. Recount Guidelines, p. 15.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Close Vote Margin Options
Less than or equal to 1%
Less than or equal to 0.5%
Less than or equal to 0.25%
Varies by election contest
Initiated automatically
“A recount of any primary, special, or general election for nomination or election to a presidential, congressional, state, judicial district, multicounty district, legislative, county, or city office, or for the approval or disapproval of any measure, question, or bond issue submitted to the qualified electors of this state or one of its political subdivisions must be conducted according to guidelines established by the secretary of state and as follows:
1. A recount must be conducted when:
a. Any individual failed to be nominated by the individual's party or to a no-party office in a primary election by one percent or less of the highest vote cast for a candidate seeking nomination from the political party for the office sought or for a candidate for the no-party office sought.
b. Any individual failed to be elected in a general or special election by one-half of one percent or less of the highest vote cast for a candidate for that office.
c. A question, measure, or bond issue submitted to the qualified electors has been decided by a margin not exceeding one-fourth of one percent of the total vote
cast for and against the question at any election." N.D. Cent. Code § 16.1-16-01(1).
Timing: N.D. Cent. Code § 16.1-16-01(4).
Candidate-Initiated Options
Close vote margin required
“A demand for a recount may be made by any of the following:
a. Any individual who failed to be nominated by the individual's party or to a no-party office in a primary election by more than one percent and less than two percent of the highest vote cast for a candidate seeking nomination from the political party for the office sought or for a candidate for the no-party office sought.
b. Any individual who failed to be elected in a general or special election by more than one-half of one percent and less than two percent of the highest vote cast for a candidate for that office.” N. D. Cent. Code § 16.1-16-01(2). Voters may not initiate recounts for ballot measures in North Dakota.
Timing: N.D. Cent. Code § 16.1-16-01(03) & (04).
Voter-Initiated Options
A voter in North Dakota may not initiate a recount.
Cost for Candidate-Initiated Recounts
Paid entirely by initiator
When filing an application for a recount, candidates must pay a bond in an amount determined by the county auditor and sufficient to pay the actual cost of the recount. There is no provision for this bond to be returned if the recount alters the outcome of the election. N.D. Cent. Code § 16.1-16-01(03).
Cost for Voter-Initiated Recounts
A voter in North Dakota may not initiate a recount.
Challengers and Observers
“The individuals entitled to participate at the recount are: (1) Each candidate involved in the recount, either personally or by a representative. (2) A qualified elector favoring each side of a question if the recount involves a question or proposition submitted to a vote of the electorate.” These participants “may challenge the acceptance or exclusion of any ballot.” N.D. Cent. Code § 16.1-16-01(06).
Rules for Determining Voter Intent
Secretary of State or Election Board responsible for defining intent
https://ndlegis.gov/cencode/t16-1c06.pdf
The Secretary of State may adopt rules for determining voter intent. N.D. Cent. Code § 16.1-06-26.
“A voting mark that touches the oval on an optical scan ballot used as a part of an electronic voting system shall be counted as if it were in the oval. Except as provided in North Dakota Century Code section 16.1-13-25, if the voting mark does not touch the oval and is not in the oval, the vote may not be counted.” N.D. Admin Code 72-06-01-05.
See N.D. Cent. Code § 16.1-15-19 for determining voter intent on write-in votes.
The recount board decides by majority vote how to count the challenged ballots. N.D. Cent. Code § 16.1-16-01(7).
Resources
North Dakota Century Code - Title 16.1 - Elections
North Dakota Secretary of State
North Dakota Administrative Code