Mo. Rev. Stat. » Chapter 115
Missouri Revised Statutes

Mo. Rev. Stat. § 115.601 (2026)

Recount authorized when less than one-half of one percent difference in vote

✓ current as of May 2026
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  115.601.  Recount authorized when less than one-half of one percent difference in vote — recount, defined. — 1.  Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for the office and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question, shall have the right to a recount of the votes cast for the office or on the question.

  2.  In cases where the candidate filed or the ballot question was originally filed with an election authority as defined in section 115.015, such recount shall be requested in accordance with the provisions of section 115.531 or 115.577 and conducted under the direction of the court or the commissioner representing the court trying the contest according to the provisions of this subchapter.

  3.  In cases where the candidate filed or the ballot question was originally filed with the secretary of state, the defeated candidate or the person whose position on a question was defeated by less than one-half of one percent of the votes cast on the question shall be allowed a recount pursuant to this section by filing with the secretary of state a request for a recount stating that the person or the person's position on a question was defeated by less than one-half of one percent of the votes cast.  Such request shall be filed not later than seven days after certification of the election.  The secretary of state shall notify all concerned parties of the filing of the request for a recount.  The secretary of state shall authorize the election authorities to conduct a recount pursuant to this section if the requesting party or his position on a question was defeated by less than one-half of one percent of the votes cast.  The secretary of state shall conduct and certify the results of the recount as the official results in the election within twenty days of receipt of the aforementioned notice of recount.

  4.  Whenever a recount is requested pursuant to subsection 3 of this section, the secretary of state shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted by the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question.  Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held.  Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where the person is registered.  After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the report, the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount.  Each recount shall be completed under the supervision of the secretary of state with the assistance of the election authorities involved, and the persons appointed to assist with the recount shall perform such duties as the secretary of state directs.  Upon completion of any duties prescribed by the secretary of state the persons appointed to assist with the recount shall make a written and signed report of their findings.  The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings.  No one other than the secretary of state, the election authorities involved, the contestant and the other witnesses described in this subsection, their attorneys, and those specifically appointed by the secretary of state to assist with the recount shall be present during any recount conducted pursuant to this section.

  5.  For purposes of this section, "recount" means one additional counting of all votes counted for the office or on the question with respect to which the recount is requested.

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(L. 1977 H.B. 101 § 13.450, A.L. 1985 H.B. 620, A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132, A.L. 2013 S.B. 99)

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1980–2022 · leading case: State ex rel. Bouchard v. Grady, 86 S.W.3d 121 (Mo. Ct. App. 2002).
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State ex rel. Bouchard v. Grady, 86 S.W.3d 121 (Mo. Ct. App. 2002). · cites it 4× “shall have the right to a recount of the votes cast for the office.” Because the official results of the primary election reported Relator lost by a margin greater than one percent Relator was not entitled to an automatic recount of the votes.”
Wright-Jones v. Johnson, 256 S.W.3d 177 (Mo. Ct. App. 2008). · cites it 2× “2002) (finding that the appropriate circuit court for a section 115.601 suit seeking a recount of the votes cast in a primary election for a party’s nomination for associate circuit judge is found in section 115.”
Roberts v. Wamser, 679 F. Supp. 1513 (E.D. Mo. 1987). · cites it 4× “Mo.Rev.Stat. § 115.601 (1986). Since Roberts lost the March 3, 1987, primary by less than one percent of the votes cast, he was entitled to an automatic recount under that statute.”
Dolan v. Powers, 260 S.W.3d 376 (Mo. Ct. App. 2008). · cites it 2× “Dolan was entitled to a recount of the ballots for the auditor race under section 115.601 because of the closeness of the vote.”
Whitener v. Turnbeau, 602 S.W.2d 890 (Mo. Ct. App. 1980). · cites it 2× “The request was expressly made pursuant to § 115.601, RSMo 1978 1 which grants a right to a vote recount when an election margin is less than one percent.”
Royster v. Rizzo, 326 S.W.3d 104 (Mo. Ct. App. 2010). · cites it 2× “On August 24, 2010, Royster filed an election contest, and also requested the Secretary to conduct an automatic recount pursuant to Section 115.601. 2 This recount took place on September 8, 2010.”
Reeves v. Bockman, 101 S.W.3d 280 (Mo. Ct. App. 2002). · cites it 2× “Here, the suit was filed pursuant to § 115.601, not § 115.526.1. As indicated above in our discussion of § 115.”
Blumenberg v. Hutcheson, 757 S.W.2d 312 (Mo. Ct. App. 1988). · cites it 13× “463 (now codified as § 115.601, RSMo 1986), in that Blumenberg was defeated by less than one percent of the votes cast for such office.”
Authenreith v. Conner, 755 S.W.2d 287 (Mo. Ct. App. 1988). “On December 4, 1986, appellant filed a contest of the election pursuant to Sections 115.601, 115.553, and 115.557, RSMo 1986.”
State ex rel. Travers v. McBride, 607 S.W.2d 851 (Mo. Ct. App. 1980). · cites it 7× “Contestant Riegert contended that by virtue of the fact that she lost by 24 votes out of a total of 2454 votes cast (including the 64 write-in votes) she lost by less than 1% of the total votes cast for office of Democratic Committeewoman and pursuant to § 115.601, 1 she is…”
McFarland v. Aaron, 65 S.W.3d 609 (Mo. Ct. App. 2002). · cites it 4× “On November 9, 2000, Judge Wiggins 3 signed an order pursuant to § 115.601 commanding the election authority “to prepare its office, records, and materials relating to the election for Public Administrator .”
Joshua Edward Hedgecorth v. John I. Jones, IV (Mo. Ct. App. 2022). · cites it 2× “Lastly, section 115.601 provides when recounts may be ordered and held after an election.”
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