Recount laws in Minnesota
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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.
Minnesota law requires automatic recounts under certain circumstances. Candidates may request a recount of their race and voters may request a recount of ballot measures. If the margin is within a certain threshold, the state pays for a requested recount. Otherwise, the requester must pay for the recount but a refund is available if certain requirements are met.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Minnesota.[1]
- Does state law require automatic recounts?
- Yes. If the post-election audit of a county or counties consisting of more than 10% of the total number of persons voting in the election shows that an error occurred, the secretary of state shall order manual recounts. Or, in a statewide constitutional amendment election when the margin is less than 0.25% of all votes cast.
- When must an automatic recount be completed?
- The deadline to complete these recounts is no later than one week after the secretary of state issues the order for manual recounts.
- Can a recount be requested?
- Yes. Recounts of federal, statewide, district judicial, and state legislative offices can be requested by 5:00 p.m. on the second day after the canvass. Deadlines for other races and the margins required to request a recount vary by turnout, election, and office type, as described below. There is no set deadline for completion.
- Who pays for a requested recount?
- Varies. The state covers the cost of recounts if results fall within a specified close vote margin described below. The requester, if the results fall outside of those margins.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if the recount changes the election outcome or if the difference between the initial and recounted totals is greater than two votes and greater than one-quarter of one percent of the number of ballots counted..
- Can a partial recount be requested?
- Yes.
Minnesota recount procedures
Automatic recount procedures
Following an election, Minnesota requires a post-election audit of votes cast. An automatic recount is required under the following circumstances:
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If the results from the countywide reviews from 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, the secretary of state must notify the postelection review official of each county in the district that they must conduct manual recounts of all the ballots in the district for the affected office using the procedure outlined in section 204C.35. The recount must be completed and the results reported to the appropriate canvassing board within one week after the postelection review official received notice from the secretary of state. [2] |
” |
| —Office of the Revisor of Statues | ||
Any manual recounts must be completed within one week after the secretary of state issues the order for a manual recount.[3] Minnesota requires an automatic recount of statewide constitutional amendment elections when the margin is less than 0.25% of all votes cast in the election.[4]
Requested recount procedures
A losing candidate may request a recount of his or her race. A voter may request a recount of ballot measure results after submitting a petition containing the signatures of 25 voters who were eligible to vote on the ballot measure.[5]
The state covers the cost of the requested recount if the results are within the margins described below:[1]
Candidate-requested
- Statewide, and district judicial offices:
- Less than 0.25% of the total votes counted for the office, or
- Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
- State legislative offices:
- Less than 0.5% of the total number of votes counted for the office, or
- Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
- County, school district, and municipal offices:
- Less than 0.25% of the total number of votes counted for the office, or
- Less than 0.5% of the total number of votes cast for the office when the total number is more than 400 but less than 50,000, or
- Less than ten votes when the total number of votes cast for the office is less than or equal to 400.
Voter-requested
- County, school district, and municipal ballot measures:
- Less than 0.25% of the total number of votes counted for the measure, or
- Less than 0.5% of the total number of votes cast for the measure when the total number is more than 400 but less than 50,000, or
- Less than ten votes when the total number of votes cast for the measure is less than or equal to 400.
In all other instances, the requester is responsible for costs associated with the recount. Costs are refunded if the recount changes the election outcome or if the difference between the initial and recounted totals is greater than two votes and greater than one-quarter of one percent of the number of ballots counted.[1][3]
For federal, statewide, district judicial, and state legislative recounts, the request must be filed no later than 5:00 p.m. on the second day after the primary or general election canvass. For county, school district, and municipal offices and ballot measures, the request must be filed no later than 5:00 p.m on the fifth day after the primary election canvass or no later than 5:00 p.m on the seventh day after the general election canvass.[1][5]
The secretary of state may also request a recount using the following guidelines:
| “ |
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. Time for notice of nomination, election, or contest for an office recounted pursuant to this section must begin upon certification of the results of the recount by the canvassing board. [2] |
” |
| —Office of the Revisor of Statutes[6] | ||
There is no set deadline for the completion of a requested recount.
For more information about recount procedures in Minnesota, click here.
Minnesota voting equipment
- See also: Voting methods and equipment by state
Minnesota uses hand-marked paper ballots and ballot-marking devices for its elections.[7]
Noteworthy events
Minnesota House of Representatives elections (2024)
In House District 14B, incumbent Dan Wolgamott (D) led Sue Ek (R) 10,005 to 9,814 votes, a margin of 191 votes, or 0.96% of the total votes cast.[8] Sherburne County released a statement that an upload failure on election night made it appear that Ek initially won by four votes and that the county would pay for a recount.[9] The recount reflected that Wolgamott won by 190 votes, one fewer than the original count.[10]
In House District 54A, incumbent Brad Tabke (D) led Aaron Paul (R) 10,973 to 10,959 votes, a margin of 14 votes, or 0.06% of the total votes cast.[11] The recount reflected that Tabke won by 15 votes, one more than the original count.[10]
On January 14, 2025, a district court judge ruled Tabke the winner of the race following a lawsuit.[12] Minnesota House Republicans sued for a rerun of the race after a post-election audit revealed that 21 absentee ballots were lost in Scott County.[13]
U.S. Senate election in Minnesota (2008)
- See also: Al Franken#2008
Prior to the recount, Norm Coleman (R) led Al Franken (D) by 206 votes. The recount was automatically initiated as required by state law. As a result of the recount, Franken won the contest by 312 votes, a swing of 518 votes for Franken.[14]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
As of September 2025, state law in 48 states included a recount provision, automatic recounts are possible in 28 states, and requested recounts are possible in 43 states.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
As of September 2025, the requester of a recount pays for the recount in 23 states, the state pays in seven states, and in 11 states it depends on the circumstances of the election or the recount. In 27 states a refund may be available for a requested recount, in four states a refund depends on the circumstances of the recount, and in five states no refund is available. Requested recounts are not possible in the remaining 14 states. In 27 states a partial recount may be requested.
| State[17] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation |
|---|---|---|---|---|
| Alabama | Requester | Yes | Yes | 16-20,21 |
| Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 |
| Arizona | No requested recounts | N/A | No | 16-661,249 |
| Arkansas | Requester | Yes | No | 7-5-319 |
| California | Requester | Yes | Yes | 15620-15634 |
| Colorado | Requester | Yes | No | 10.5-101-109 |
| Connecticut | No requested recounts | N/A | No | 9-445,6-311a |
| Delaware | State | N/A | Yes | 5702(C,E) |
| District of Columbia | Requester | Yes | Yes | 1-1001.11(a) |
| Florida | No requested recounts | N/A | No | 102.141,166 |
| Georgia | State | N/A | Yes | 21-2-495,499 |
| Hawaii | No requested recounts | N/A | No | 11-158 |
| Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 |
| Illinois | Requester | Maybe[18] | Yes | 5/22-9.1, 18 |
| Indiana | Requester | Yes | Yes | 3-12-11-1-10 |
| Iowa | State | N/A | No | 43.56 & 50.48 |
| Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 |
| Kentucky | Requester | No | Yes | 120.017,095,185,250,280 |
| Louisiana | Requester | Yes | Yes | 18-1451 & 1453 |
| Maine | State/Requester Depends on margin |
Yes | No | 737-A |
| Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 |
| Massachusetts | State | N/A | Yes | 54:135,A,B |
| Michigan | Requester | Yes | Yes | 168.879-894 |
| Minnesota | State/Requester Depends on margin |
Yes | Yes | 204C.35-361 |
| Mississippi | No requested recounts | N/A | No | N/A |
| Missouri | Requester | Maybe[19] | No | 115.601 |
| Montana | State/Requester Depends on margin |
Maybe[20] | No | 13-16-201-11 |
| Nebraska | Requester | Yes | Yes | 32-1119,1121 |
| Nevada | Requester | Yes | No | 293.403-405 |
| New Hampshire | State/Requester Depends on election type[21] |
Varies[22] | No | 660:1-16 |
| New Jersey | Requester | Yes | Yes | 19:28-1,2,3 |
| New Mexico | Requester | Yes | Yes | 1-14-14 to 25 |
| New York | Unclear[23] | No | No | 9-208 |
| North Carolina | State | N/A | No | 163-182.7,182.7A |
| North Dakota | Requester | No | No | 16.1-16-01 |
| Ohio | Requester | Yes | Yes | 3515.01-072 |
| Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 |
| Oregon | Requester | Yes | Yes | 258.006-300 |
| Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 |
| Rhode Island | Unclear[24] | No | No | 17-19-37.1 |
| South Carolina | No requested recounts | N/A | No | 7-17-280 |
| South Dakota | State | N/A | Yes | 12-21-1 to 37 |
| Tennessee | No requested recounts | N/A | No | 2-17,18 |
| Texas | Requester | Yes | Yes | 211 to 216 |
| Utah | State/Requester Depends on requester[25] |
No | No | 20A-4-401 |
| Vermont | State | N/A | No | 17-51-2601,2602 |
| Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 |
| Washington | Requester | Yes | Yes | 29A.64 |
| West Virginia | Requester | Yes | Yes | 3-6-9 |
| Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01 & 5.90 |
| Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during (or carried over to) Minnesota's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in Minnesota
- Minnesota
- Voting methods and equipment by state
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Minnesota State Legislature, "204C.35-361," accessed September 23, 2025
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 Office of the Revisor of Statutes, "HF 4772," accessed September 23, 2025
- ↑ Minnesota State Legislature, "204C.35," accessed September 23, 2025
- ↑ 5.0 5.1 Office of the Revisor of Statutes, "204C.36 RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL ELECTIONS," accessed September 23, 2025
- ↑ Office of the Revisor of Statutes, "206.88 Partial Recounts on Electronic Voting Systems," accessed September 23, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 23, 2025
- ↑ Minnesota Secretary of State, "Results for State Representative District 14B," accessed November 13, 2024
- ↑ CBS News, "Recounts possible as Minnesota GOP questions results in 2 House races," November 12, 2024
- ↑ 10.0 10.1 CBS News, "Recounts certify election results in two Minnesota House races," November 25, 2024
- ↑ Minnesota Secretary of State, "Results for State Representative District 54A," accessed November 13, 2024
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedtabkewin - ↑ Washington Times, "Minnesota GOP sues to force rerun of race where Democrat won by 14 votes, 20 ballots are missing," December 2, 2024
- ↑ Washington Post, " Recounts almost never work. Except these three." November 28, 2016
- ↑ Verified Voting, "Arizona Recount Laws," accessed September 25, 2025
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
- ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
