Election Outcomes

Medium

Statewide election results remain unofficial until the County Canvassing Board and State Canvassing Board meet and certify the results. 

Winning the Election

The County Auditor must certify the election results to the Secretary of State within 13 days after the election (NDCC § 16.1-15-25). The Secretary of State then calls together the members of the State Canvassing Board to meet no later than 17 days after Election Day (NDCC §§ 16.1-15-33 and 16.1-15-35). Once the election is certified, results that are not contested are considered official. 

Statewide Candidates

  • Primary Election - winning candidates for statewide, legislative and judicial races receive a Certificate of Nomination from the Office of the Secretary of State and advance to the General Election. 
  • General Election - winning candidates for statewide, legislative and judicial races receive a letter from Office of the Secretary of State notifying them of their election which includes a Certificate of Election, and an Oath of Office (SFN 11501) to be completed, notarized, and returned for official filing with the Office of the Secretary of State. 

County | City | School Candidates

  • County - winning candidates receive a Certification of Election from the county.
  • City - elected in the Primary Election or at regularly scheduled election.
  • School - elected in the Primary Election or at regularly scheduled election.

Medium
Medium

The below are the canvassing boards and the offices for which authority is given to determine recount availability in NDCC § 16.1-16-01.

  • School Canvassing Board (when held separate from statewide Primary Election) 
    • School Board Members 
    • School Measures 
  • City Canvassing Board (when held separate from statewide Primary Election) 
    • City Offices
    • City Measures 
  • County Canvassing Board 
    • Presidential Office 
    • Federal Offices 
    • Statewide Offices 
    • Judicial District Offices 
    • Multicounty District Offices 
    • Legislative Offices 
    • Statewide Measures
    • County Offices  and Measures
    • City Offices and Measures (when held in conjunction with statewide elections) 
    • School Board Offices and Measures (when held in conjunction with statewide elections) 
  • State Canvassing Board 
    • Certifies all results from County Canvassing Boards

Recount of a Contest

A recount of a contest can happen for either of the following reasons: 

Automatic Recount - Candidate Contest

An automatic recount of a contest must occur if an individual candidate:

  • Failed to be nominated in a Primary Election by 1% or less of the highest vote cast for a candidate seeking nomination for the office sought. 
  • Failed to be elected in a general or special election by 1/2 of 1% or less of the highest vote cast for a candidate for that office.

Automatic Recount - Question, Measure or Bond

A question, measure, or bond issue submitted must be decided by a margin not exceeding 1/4 of 1% of the total vote cast for and against the question at any election.  

Demand Recount

A demand recount may be requested by any individual candidate who failed to be nominated or elected by margins greater than those listed for automatic recount but less than 2% of the highest votes cast for a candidate for that office. Candidates who request a demand recount must do so in writing within 3 days following the appropriate canvassing board to the election official overseeing the election, and pay for the full cost of the recount effort. 

For greater details on recounts, reference NDCC § 16.1-16-01. 

Recount Timelines

For complete information, review Recount Guidelines.

County, City, or School Offices and Measures
Within 4 days of the meeting of a County, City, or School Canvassing Board, the County Auditor, City Auditor, or School Business Manager shall set the date. The date must be within 8 days after the meeting of the Canvassing Board.

Legislative District Offices

Within 4 days of the meeting of the State Canvassing Board, the Secretary of State must notify the County Auditors of those counties affected by the recount of the date or dates of the recount. The date must be within 7 days of the notice given to the County Auditors.

Presidential, Federal, Statewide, Judicial District, Multicounty District, and Statewide Measures

Within 4 days of the meeting of the State Canvassing Board, the Secretary of State must notify the County Auditors of those counties affected by the recount of the date or dates of the recount. The date must be within 14 days of the notice given to the County Auditors.

A contest of an election may be filed in the district court of the candidate’s county of residence.

  • If the contest is recounted, the complaint must be filed with the court within five days after final certification of a recount by the appropriate canvassing board.
  • If the contest is not recounted, the complaint must be filed within 14 days after the final certification by the appropriate canvassing board.
  • If the grounds for the action are the illegal payment of money or other valuable thing or if the contestee does not or cannot meet the qualifications to hold the office as required by law, the action may be commenced at any time.

Article III of the North Dakota Constitution guarantees the right of the people to recall any elected official of the state, of any county, or of any legislative district. NDCC § 44-08-21 guarantees the right of the people to recall an elected official of all other political subdivisions. NDCC § 16.1-01-09.1 relates to the signing, form, and circulation of recall petitions.

Learn more about Recalling an Elected Official in North Dakota.