EDRIElection Dispute Resolution Index
How robust are mechanisms to resolve election disputes?
Dimensions
Contest
20.0% · 1/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-20 |
| CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute? | 1/1100.0% | § 209.07 codifies the results-of-contest procedure — the court decides which candidate was nominated/elected and may invalidate election certificates. § 209.021 codifies that contests proceed in district court. § 209.09 codifies appeals to the Supreme Court. § 204C.28 codifies election-night returns. Comprehensive venue + jurisdiction framework codified. | § view source 2026-05-20 |
| CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-20 |
| CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute? | 0/20.0% | No candidate sections returned by FTS. | no FTS match 2026-05-20 |
Recount
62.5% · 3/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive? | 1/1100.0% | § 204C.361 codifies that 'the secretary of state shall adopt rules… establishing UNIFORM RECOUNT PROCEDURES' applicable to all recounts under §§ 204C.35, 204C.36, and 206.88, with ballot-segregation-by-precinct requirements. § 204C.36 / § 204C.35 codify the substantive recount triggers. Comprehensive statutory recount procedure codified. “The secretary of state shall adopt rules according to the Administrative Procedure Act establishing uniform recount procedures. All recounts provided for by sections 204C.35, 204C.36, and 206.88, shall be conducted in accordance with these rules.” | § view source 2026-05-20 |
| RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-20 |
| RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)? | 1/1100.0% | § 204C.36 codifies PUBLICLY FUNDED recounts when margins fall below 0.25% (0.5% for some offices) — the state/jurisdiction bears the cost for close-margin recounts. § 204C.35 codifies parallel publicly-funded recounts for federal/state/judicial races. Discretionary recounts outside these thresholds are at requester expense. Recount cost allocation codified. | § view source 2026-05-20 |
| RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute? | 0.5/150.0% | § 204C.28 codifies election-night returns processing and county-auditor duties. § 204C.37 (not in FTS top-5) codifies certified canvassing-board reports to the Secretary of State. § 209.07 codifies that contest/recount findings can invalidate election certificates. Recount-finding effect (binding on certification) codified. | § view source 2026-05-20 |
Timing
50.0% · 1/2| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion? | 1/1100.0% | § 204C.37 codifies the county-canvass report deadline: certified canvassing-board reports must reach the Secretary of State 'within ten days following the applicable election,' with a special-messenger backstop. § 204C.35 codifies recount timing. § 211C.07 codifies recall-election writ timing. § 209.09 codifies appeal timing. Statutory certification deadlines codified. | § view source 2026-05-20 |
| TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-20 |