Montana Recount Laws
This information was updated 11/1/2020.
Paper ballot (hand marked paper ballots, ballot marking devices for accessibility)
For more details, visit Verified Voting.
Hand count
Ballots are to be recounted by hand. See Montana Code Annotated (MCA) 13-16-412 and MCA 13.15.206(2).
Candidate-initiated
Voter-initiated
Election official-initiated
Court-ordered
Close Vote Margin
Election Official-Initiated Recounts:
A canvassing board may petition for a recount if they believe there to be errors affecting the accuracy of the vote totals. See MCA 13-16-201(1)(f) and MCA 13-15-403.
Timing: MCA 13-15-403 and 13-16-204.
Court-Ordered Recounts:
Court-ordered recounts must be initiated by either a candidate or voter before the court may determine the need for a recount. The final decision remains with the court, which determines whether “there is probable cause to believe that the votes cast for the applicant or the ballot issue were not correctly counted.” Any “unsuccessful candidate for any public office at an election” may request a recount with the court for “any or all of the precincts” in which they were on the ballot. Similarly, any voter who was eligible to vote on a ballot issue may petition for a recount. See MCA 13-16-301.
Timing: See MCA 13-16-301.
Less than or equal to 0.25%
Initiated automatically (for tie votes)
Initiated by request (for candidate and voter initiated recounts)
A tie vote will trigger an automatic recount. See MCA 13-16-203. See the details below for close-vote margin recounts intitiated by candidates and voters.
Close vote margin required
Candidates are entitled to a recount if there is a close vote margin for their contest, which varies depending on the office sought. For candidates seeking a county, municipal, or district office voted for only in one county other than a legislator or a judge of the district court, the vote margin between the recount initiator and the apparent winning candidate must be .25% or less of all votes cast, or 10 votes or less, whichever is greater. See MCA 13-16-201(1)(a).
For candidates seeking congressional or state office, a district office voted on in more than one county, or a legislative or district court judicial office, the vote margin must be .25% or less of the votes cast for all candidates. See MCA 13-16-201(1)(b). Regarding federal offices, while MCA 13-16-201 mentions only congressional offices, a separate statute allows for recounts for any candidate for public office, if there is a close vote margin of greater than .25% but less than .5% of the total votes cast for all candidates for the same office, and if the candidate pays a bond for the recount. See MCA 13-16-211.
Close vote margin required
Voters may request recounts for initiatives/questions
Voters may request recounts for ballot questions at the municipal, county, district, or state level. For all, there is a close vote margin of .25% or less. The request must include signatures from multiple voters, the number of which varies depending on the jurisdictional level. For questions voted on in municipalities, counties, or districts within a single county, the request must include at least 10 signatures. For questions voted on in multicounty districts, 25 signatures are required. For questions voted on at the state level, 100 signatures are required. See MCA 13-16-201(1)(c)(d) and (e).
Paid entirely by state or county
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Candidates are not assessed the recount costs if there is a close vote margin of not more than .25% of the total votes cast for all candidates for that office. See MCA 13-16-205. For contests in which there is a vote margin of more than .25% (but not exceeding .5%), candidates must pay a bond covering the entire cost of the recount. There is no mention made of this bond being refunded if the outcome of the election is changed. See MCA 13-16-211.
Candidates are responsible for the entirety of costs for court-ordered recounts, and must pay a bond before the recount begins. However, if the recount determines the initiator to be the winner of the election, the bond is refunded. See MCA 13-16-307.
Paid entirely by state or county
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Voters requesting a recount on any ballot question for which the close vote margin is .25% or less are not assessed any of the recount costs. See MCA 13-16-205.
Initiators are responsible for the entirety of costs for court-ordered recounts, and must pay a bond before the recount begins. However, if the recount changes the outcome of the election, the bond is refunded. See MCA 13-16-307.
Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers
Recounts must be public and news media may be present. Recount initiators may be present or appoint a representative to observe the process. For ballot issues, one voter representing each side of the question may observe. See MCA 13-16-411.
Secretary of State or Election Board responsible for defining intent
The Secretary of State is charged with developing rules on voter intent. Using these rules, a majority of the members of a counting or recounting board must agree that the voter intent is clear for the vote to be considered valid. See MCA 13-15-206. The Secretary of State's rule on the matter can be found in the Administrative Rules of Montana, Rule, 44.3.2402 with additional rules for write-in votes (44.3.2403) and federal write-in absentee ballots (44.3.2405).
This information was updated 11/1/2020 using the Montana Code Annotated 2019.