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1 <br />MINNESOTA STATUTES 2025 204C.36 <br />204C.36 RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL ELECTIONS. <br />Subdivision 1. Publicly funded recounts. (a) Except as provided in paragraphs (b) and (c), a losing <br />candidate for nomination or election to a county, municipal, or school district office may request a recount <br />of the votes cast for the nomination or election to that office if the difference between the vote cast for that <br />candidate and for a winning candidate for nomination or election is less than one -quarter of one percent of <br />the total votes counted for that office. In case of offices where two or more seats are being filled from among <br />all the candidates for the office, the one -quarter of one percent difference is between the elected candidate <br />with the fewest votes and the candidate with the most votes from among the candidates who were not elected. <br />(b) A losing candidate for nomination or election to a county, municipal, or school district office may <br />request a recount of the votes cast for nomination or election to that office if the difference between the <br />votes cast for that candidate and for a winning candidate for nomination or election is less than one-half of <br />one percent, and the total number of votes cast for the nomination or election of all candidates is more than <br />400 but less than 50,000. In cases of offices where two or more seats are being filled from among all the <br />candidates for the office, the one-half of one percent difference is between the elected candidate with the <br />fewest votes and the candidate with the most votes from among the candidates who were not elected. <br />(c) A losing candidate for nomination or election to a county, municipal, or school district office may <br />request a recount of the votes cast for nomination or election to that office if the difference between the vote <br />cast for that candidate and for a winning candidate for nomination or election is ten votes or less, and the <br />total number of votes cast for the nomination or election of all candidates is no more than 400. In cases of <br />offices where two or more seats are being filled from among all the candidates for the office, the ten vote <br />difference is between the elected candidate with the fewest votes and the candidate with the most votes from <br />among the candidates who were not elected. <br />(d) Candidates for county offices shall file a written request for the recount with the county auditor. <br />Candidates for municipal or school district offices shall file a written request with the municipal or school <br />district clerk as appropriate. All requests under this paragraph shall be filed between the close of the canvass <br />of a primary or special primary and 5:00 p.m. on the fifth day after the canvass of a primary or special <br />primary or between the close of the canvass of a special or general election and 5:00 p.m. on the seventh <br />day of the canvass of a special or general election for which a recount is sought. <br />(e) Upon receipt of a request made pursuant to this section, the county auditor shall recount the votes <br />for a county office at the expense of the county, the governing body of the municipality shall recount the <br />votes for a municipal office at the expense of the municipality, and the school board of the school district <br />shall recount the votes for a school district office at the expense of the school district. <br />Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination or election to a <br />county, municipal, or school district office may request a recount in the manner provided in this section at <br />the candidate's own expense when the vote difference is greater than the difference required by subdivision <br />1, paragraphs (a) to (e). The votes shall be manually recounted as provided in this section if the requesting <br />candidate files with the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an <br />amount set by the governing body of the jurisdiction or the school board of the school district for the payment <br />of the recount expenses. <br />(b) The requesting candidate may provide the filing officer with a list of up to three precincts that are <br />to be recounted first and may waive the balance of the recount after these precincts have been counted. If <br />the candidate provides a list, the recount official must determine the expenses for those precincts in the <br />manner provided by paragraph (b). <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />