DEPARTMENT: Elections
FILE TYPE: Consent Action
TITLE
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Authorization To Execute Joint Powers Agreements To Serve As State Recount Official In Event Of State Or Federal Recounts In 2026 Elections
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RESOLUTION
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WHEREAS, Dakota County has assisted the Secretary of State's Office by agreeing to accept designation as a Deputy Recount Official in 2008, 2010, 2012, 2014, 2016, 2018, 2020, 2022, and 2024; and
WHEREAS, recounts in State Primaries must be completed in a timely way to avoid delays in ballot preparation and absentee ballot delivery statewide for the State General Election; and
WHEREAS, recounts in State General Elections must also be completed in a timely way to avoid delays in elected officials from taking office.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Manager or delegate to enter into joint powers agreements with the Office of the Secretary of State to serve as a Deputy Recount Official in the event a recount is needed for certain contests in the 2026 State Primary Election and the State General Election.
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BACKGROUND
Minnesota Rules 8235.0200 provides that a recount official (the Secretary of State in this case) may designate the duty to conduct a recount to a County Auditor by mutual consent.
Delegation of recounts by the Secretary of State's Office allows recounts to be completed concurrently in the majority of counties. By distributing the recount to county election staff, delays in canvassing results are minimized, allowing (in the case of a primary election) programming of general election ballots to proceed in a timely manner. In the case of the general election, timely completion of a recount avoids possible delays in elected officials taking office.
In 2008, the County accepted designation as a Deputy Recount Official and assisted the Secretary of State's Office in conducting the recounts for the offices of Supreme Court Justice and U.S. Senator.
In 2010, the County accepted designation as Deputy Recount Official and assisted the Secretary of State's Office in conducting the recount for the Office of Governor.
The County accepted designation in 2012, 2014, 2016, 2018, 2020, 2022, and 2024 but no recounts were necessary.
The Secretary of State's Office has again asked Dakota County to accept designation as a Deputy Recount Official in the event it is needed for the purpose of recounting certain federal and state offices in the 2026 State Primary and General Election.
The County Attorney's Office has determined that these are joint powers agreements requiring approval by the Dakota County Board of Commissioners.
RECOMMENDATION
recommendation
Staff recommend that the Dakota County Board of Commissioners authorize the County Manager or delegate to enter into agreements with the Office of the Secretary of State to designate the Dakota County Elections Director or delegate as a Deputy Recount Official for the 2026 State Primary and General Election.
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FINANCIAL AND STAFFING IMPACTS
The Secretary of State's Office will reimburse counties $.04 per ballot recounted. They have also committed to working with the counties if necessary to seek other compensation from the legislature if the reimbursement does not cover actual costs.
PREVIOUS BOARD ACTION
18-345; 6/19/18
20-373; 8/4/20
22-195; 5/3/22
24-418; 8/13/24
ATTACHMENTS
Attachment: 2026 Primary Recount
Attachment: 2026 General Recount
CONTACT
Department Director: Michelle Blue
Author: Michelle Blue