When Is a Recount Triggered?
In North Dakota, a recount isn't just something a candidate can demand on a whim; it's governed by specific, narrow margins. The process can be triggered in two ways: automatically or through a candidate's request. An automatic recount is required in a general election if a candidate loses by 0.5% or less of the highest vote cast for that office. For primary elections, the margin is wider, at 1% or less. Ballot measures also get an automatic recount if the margin is exceptionally tight—0.25% or less. A candidate can also request, or 'demand,' a recount if the margin falls into a slightly wider window. For a general election, a candidate who lost by more than 0.5% but less than 2% can formally demand a recount. In a primary, that window is for candidates
who lost by more than 1% but less than 2%. These requests must be made in writing within three days of the vote canvass, ensuring the process moves forward without delay. However, voters themselves cannot initiate a recount.
Who Foots the Bill?
The question of who pays for a recount depends entirely on how it was initiated. For automatic recounts triggered by a close vote margin, the public bears the cost. If it's a county-level race, the county pays. If it's a statewide or legislative race, the state pays for the expenses incurred by the counties. This reflects the principle that ensuring accuracy in extremely close elections is a public good and a core function of the election system. However, for recounts demanded by a candidate who falls within the 0.5% to 2% (for general elections) or 1% to 2% (for primaries) window, the financial responsibility shifts. The candidate requesting the recount must pay for it. They are required to submit a bond sufficient to cover the actual costs, as determined by the county auditor. Unlike in some other states, there is no provision in North Dakota for this bond to be returned to the candidate, even if the recount successfully changes the election's outcome in their favor.
The Recount Process Itself
Once a recount is ordered, the process is managed by county auditors according to guidelines from the Secretary of State. It's not a chaotic free-for-all; it's a structured review. The process typically involves a mix of machine retabulation and hand counting. According to state guidelines, if machines are used to recount the ballots, a sample must first be counted by hand to verify the machine's accuracy. Election officials pay special attention to ballots that were initially rejected by voting machines or contained 'undervotes' (where no vote was clearly marked for the office in question) to manually determine voter intent. The candidates involved, or their representatives, are entitled to be present and observe the process. They can challenge whether a specific ballot should be accepted or excluded, stating their reason based on election law. The local recount board, typically composed of county officials like the state's attorney and county recorder, makes the final decision on any challenged ballots by a majority vote.
What Happens After the Count?
A recount isn't just an informal second look; its results are official and final, barring further legal action. After the county auditor conducts the recount and the recount board rules on challenged ballots, they produce corrected vote abstracts. These new totals are sent to the State Canvassing Board, which reconvenes to certify the updated results. Based on this new, certified tally, the Secretary of State will issue a new certificate of election or nomination. If the recount happens to result in a perfect tie, the winner is determined in a strikingly low-tech but fair manner: a drawing of names. This entire framework—from the strict margins that trigger a recount to the detailed rules for conducting one—is designed to provide a clear, transparent, and definitive conclusion to elections, ensuring public confidence in the final outcome.
