Bill Text: MN HF197 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Election recount requirements and procedures modified.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-18 - Second reading [HF197 Detail]
Download: Minnesota-2013-HF197-Introduced.html
1.2relating to elections; changing certain recount requirements and procedures;
1.3amending Minnesota Statutes 2012, sections 204C.35, subdivision 1, by adding a
1.4subdivision; 204C.36, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 204C.35, subdivision 1, is amended to read:
1.7 Subdivision 1.Automatic Publicly funded recounts. (a) In a state primary when
1.8the difference between the votes cast for the candidates for nomination to:
1.9(1) a state legislative office is less than one-half of one percent of the total number of
1.10votes counted for that nomination or is ten votes or less and the total number of votes cast
1.11for the nomination is 400 votes or less; or
1.12(2) a statewide federal office, state constitutional office, statewide judicial office,
1.13congressional office,state legislative office, or district judicial office:
1.14(1) is less than one-half the smaller of 3,000 votes or one-quarter of one percent of
1.15the total number of votes counted for that nomination; or
1.16(2) is ten votes or less and the total number of votes cast for the nomination is 400
1.17votes or less;
1.18and the difference determines the nomination, the canvassing board with responsibility
1.19for declaring the results for that office shall manually recount the vote upon receiving a
1.20written request from the candidate whose nomination is in question.
1.21Immediately following the meeting of the board that has responsibility for
1.22canvassing the results of the nomination, the filing officer must notify the candidate that
1.23the candidate has the option to request a recount of the votes at no cost to the candidate.
2.1This written request must be received by the filing officer no later than 48 hours after the
2.2canvass of the primary for which the recount is being sought.
2.3 (b) In a state general election when the difference between the votes of a candidate
2.4who would otherwise be declared elected to:
2.5(1) a state legislative office is less than one-half of one percent of the total number of
2.6votes counted for that office or is ten votes or less and the total number of votes cast for
2.7the office is 400 votes or less; or
2.8(2) a statewide federal office, state constitutional office, statewide judicial office,
2.9congressional office,state legislative office, or district judicial office and the votes of
2.10any other candidate for that office:
2.11(1) is less than one-half the smaller of 3,000 votes or one-quarter of one percent of
2.12the total number of votes counted for that office; or
2.13(2) is ten votes or less if the total number of votes cast for the office is 400 votes or less,
2.14the canvassing board shall manually recount the votes upon receiving a written request
2.15from the candidate whose election is in question.
2.16Immediately following the meeting of the board that has responsibility for
2.17canvassing the results of the general election, the filing officer must notify the candidate
2.18that the candidate has the option to request a recount of the votes at no cost to the
2.19candidate. This written request must be received by the filing officer no later than 48 hours
2.20after the canvass of the election for which the recount is being sought.
2.21 (c) A recount must not delay any other part of the canvass. The results of the recount
2.22must be certified by the canvassing board as soon as possible.
2.23 (d) Time for notice of a contest for an office which is recounted pursuant to this section
2.24shall begin to run upon certification of the results of the recount by the canvassing board.
2.25(e) A losing candidate may waive a recount required pursuant to this section by
2.26filing a written notice of waiver with the canvassing board.
2.27 Sec. 2. Minnesota Statutes 2012, section 204C.35, is amended by adding a subdivision
2.28to read:
2.29 Subd. 4. Filing officer. For the purposes of this section, the secretary of state is
2.30the filing officer for candidates for all federal offices and for state offices voted on in
2.31more than one county. The county auditor is the filing officer for state offices voted on
2.32in only one county.
2.33 Sec. 3. Minnesota Statutes 2012, section 204C.36, subdivision 1, is amended to read:
3.1 Subdivision 1.Required Publicly funded recounts. (a) Except as provided in
3.2paragraph paragraphs (b) and (c), a losing candidate for nomination or election to a
3.3county, municipal, or school district office may request a recount of the votes cast for
3.4the nomination or election to that office if the difference between the vote cast for that
3.5candidate and for a winning candidate for nomination or election is less thanone-half
3.6 one-quarter of one percent of the total votes counted for that office. In case of offices where
3.7two or more seats are being filled from among all the candidates for the office, theone-half
3.8 one-quarter of one percent difference is between the elected candidate with the fewest votes
3.9and the candidate with the most votes from among the candidates who were not elected.
3.10(b) A losing candidate for nomination or election to a county, municipal, or school
3.11district office may request a recount of the votes cast for nomination or election to that
3.12office if the difference between the votes cast for that candidate and for a winning
3.13candidate for nomination or election is less than one-half of one percent, and the total
3.14number of votes cast for the nomination or election of all candidates is more than 400
3.15but less than 50,000. In cases of offices where two or more seats are being filled from
3.16among all the candidates for the office, the one-half of one percent difference is between
3.17the elected candidate with the fewest votes and the candidate with the most votes from
3.18among the candidates who were not elected.
3.19(b) (c) A losing candidate for nomination or election to a county, municipal, or
3.20school district office may request a recount of the votes cast for nomination or election
3.21to that office if the difference between the vote cast for that candidate and for a winning
3.22candidate for nomination or election is ten votes or less, and the total number of votes cast
3.23for the nomination or election of all candidates is no more than 400. In cases of offices
3.24where two or more seats are being filled from among all the candidates for the office,
3.25the ten vote difference is between the elected candidate with the fewest votes and the
3.26candidate with the most votes from among the candidates who were not elected.
3.27(c) (d) Candidates for county offices shall file a written request for the recount with
3.28the county auditor. Candidates for municipal or school district offices shall file a written
3.29request with the municipal or school district clerk as appropriate. All requests shall be filed
3.30during the time for notice of contest of the primary or election for which a recount is sought.
3.31(d) (e) Upon receipt of a request made pursuant to this section, the county auditor
3.32shall recount the votes for a county office at the expense of the county, the governing
3.33body of the municipality shall recount the votes for a municipal office at the expense of
3.34the municipality, and the school board of the school district shall recount the votes for a
3.35school district office at the expense of the school district.
1.3amending Minnesota Statutes 2012, sections 204C.35, subdivision 1, by adding a
1.4subdivision; 204C.36, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 204C.35, subdivision 1, is amended to read:
1.7 Subdivision 1.
1.8the difference between the votes cast for the candidates for nomination to:
1.9(1) a state legislative office is less than one-half of one percent of the total number of
1.10votes counted for that nomination or is ten votes or less and the total number of votes cast
1.11for the nomination is 400 votes or less; or
1.12(2) a statewide federal office, state constitutional office, statewide judicial office,
1.13congressional office,
1.14
1.15the total number of votes counted for that nomination
1.16
1.17votes or less;
1.18and the difference determines the nomination, the canvassing board with responsibility
1.19for declaring the results for that office shall manually recount the vote upon receiving a
1.20written request from the candidate whose nomination is in question.
1.21Immediately following the meeting of the board that has responsibility for
1.22canvassing the results of the nomination, the filing officer must notify the candidate that
1.23the candidate has the option to request a recount of the votes at no cost to the candidate.
2.1This written request must be received by the filing officer no later than 48 hours after the
2.2canvass of the primary for which the recount is being sought.
2.3 (b) In a state general election when the difference between the votes of a candidate
2.4who would otherwise be declared elected to:
2.5(1) a state legislative office is less than one-half of one percent of the total number of
2.6votes counted for that office or is ten votes or less and the total number of votes cast for
2.7the office is 400 votes or less; or
2.8(2) a statewide federal office, state constitutional office, statewide judicial office,
2.9congressional office,
2.10any other candidate for that office
2.11
2.12the total number of votes counted for that office
2.13
2.14the canvassing board shall manually recount the votes upon receiving a written request
2.15from the candidate whose election is in question.
2.16Immediately following the meeting of the board that has responsibility for
2.17canvassing the results of the general election, the filing officer must notify the candidate
2.18that the candidate has the option to request a recount of the votes at no cost to the
2.19candidate. This written request must be received by the filing officer no later than 48 hours
2.20after the canvass of the election for which the recount is being sought.
2.21 (c) A recount must not delay any other part of the canvass. The results of the recount
2.22must be certified by the canvassing board as soon as possible.
2.23 (d) Time for notice of a contest for an office which is recounted pursuant to this section
2.24shall begin to run upon certification of the results of the recount by the canvassing board.
2.25
2.26
2.27 Sec. 2. Minnesota Statutes 2012, section 204C.35, is amended by adding a subdivision
2.28to read:
2.29 Subd. 4. Filing officer. For the purposes of this section, the secretary of state is
2.30the filing officer for candidates for all federal offices and for state offices voted on in
2.31more than one county. The county auditor is the filing officer for state offices voted on
2.32in only one county.
2.33 Sec. 3. Minnesota Statutes 2012, section 204C.36, subdivision 1, is amended to read:
3.1 Subdivision 1.
3.2
3.3county, municipal, or school district office may request a recount of the votes cast for
3.4the nomination or election to that office if the difference between the vote cast for that
3.5candidate and for a winning candidate for nomination or election is less than
3.6 one-quarter of one percent of the total votes counted for that office. In case of offices where
3.7two or more seats are being filled from among all the candidates for the office, the
3.8 one-quarter of one percent difference is between the elected candidate with the fewest votes
3.9and the candidate with the most votes from among the candidates who were not elected.
3.10(b) A losing candidate for nomination or election to a county, municipal, or school
3.11district office may request a recount of the votes cast for nomination or election to that
3.12office if the difference between the votes cast for that candidate and for a winning
3.13candidate for nomination or election is less than one-half of one percent, and the total
3.14number of votes cast for the nomination or election of all candidates is more than 400
3.15but less than 50,000. In cases of offices where two or more seats are being filled from
3.16among all the candidates for the office, the one-half of one percent difference is between
3.17the elected candidate with the fewest votes and the candidate with the most votes from
3.18among the candidates who were not elected.
3.19
3.20school district office may request a recount of the votes cast for nomination or election
3.21to that office if the difference between the vote cast for that candidate and for a winning
3.22candidate for nomination or election is ten votes or less, and the total number of votes cast
3.23for the nomination or election of all candidates is no more than 400. In cases of offices
3.24where two or more seats are being filled from among all the candidates for the office,
3.25the ten vote difference is between the elected candidate with the fewest votes and the
3.26candidate with the most votes from among the candidates who were not elected.
3.27
3.28the county auditor. Candidates for municipal or school district offices shall file a written
3.29request with the municipal or school district clerk as appropriate. All requests shall be filed
3.30during the time for notice of contest of the primary or election for which a recount is sought.
3.31
3.32shall recount the votes for a county office at the expense of the county, the governing
3.33body of the municipality shall recount the votes for a municipal office at the expense of
3.34the municipality, and the school board of the school district shall recount the votes for a
3.35school district office at the expense of the school district.
