2005 Minnesota Statutes - 204C.35 — Federal, state, and judicial races.

     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. 


    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; 1998 c 254 
 art 2 s 24; 1Sp2001 c 10 art 18 s 28; 2004 c 293 art 2 s 27