Recount laws in Missouri

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Each state has its own series of recount laws. The separation of powers clause in the constitution has largely placed the responsibility for conducting on state governments. Here is a summary of the recount laws in Missouri.Note: Before taking any action, or if you have any questions, contact your state election agency.

Missouri voting equipment

Missouri uses Direct Recording Electronic Method in its voting systems and require a Voter Verified Paper Audit Trail when conducting elections.

Missouri recount procedures

A candidate who loses by less than 1% of the total votes cast has the right to seek a recount.[1] The recount request must be filed no later than seven days after the election is certified with the Secretary of State. The results of the recount will be certified within 20 days of the receipt of the recount request by the Secretary of State. The candidate requesting the recount may be required to post a bond. In addition, an election authority may petition a circuit court for a recount or new election “if convinced that errors or omission of commission have occurred on the part of the election authority, election judges, or any election personnel in the conduct of an election.”[2]

Missouri vote contest procedures

A candidate for election to an office may challenge the correctness of the returns for that office by alleging that irregularities occurred in the election.[3] A contest petition must be filed in the office of the clerk of the Missouri Supreme Court within 30 days after the official announcement of the election result by the Secretary of State.[4] A contestant may be required to post a bond to cover costs and expenses of the election contest in the event that the contestant is unsuccessful in the contest.[5]. If a court hearing a contest finds that there is a prima facie showing of irregularities which place the result of a contested election in doubt, the court shall order a recount of all votes brought into question.[6] In such instances, the court also may order a new election.[7]

References

  1. Revised Statutes of Missouri § 115.601.
  2. Id. at § 115.600.
  3. Id. at § 115.553.
  4. Id. at § 115.557.
  5. Id. at § 115.591
  6. Id. at § 115.583.
  7. Id. at § 115.593.

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