new text begin Subdivision 1. new text end

new text begin Selection for review; notice. new text end

new text begin At the canvas of the state primary,
the county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section. The review
must be conducted at the location where the voted ballots have been securely stored after
the state general election or at another location chosen by the county canvassing board.
The review must be completed no later than two days before the meeting of the state
canvassing board to certify the results of the state general election.
new text end

new text begin At the canvass of the state general election, the county canvassing boards must
select the precincts to be reviewed. The county canvassing board of a county with fewer
than 50,000 registered voters must select at least one precinct for postelection review. The
county canvassing board of a county with between 50,000 and 100,000 registered voters
must select at least two precincts for review. The county canvassing board of a county
with over 100,000 registered voters must select at least three precincts. The precincts must
be selected by lot at a public meeting. At least one precinct selected in each county must
have had more than 150 votes cast at the general election.
new text end

new text begin Each county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will
be conducted, as soon as the decisions are made. The secretary of state must post this
information on the office Web site.
new text end

new text begin Subd. 2. new text end

new text begin Scope and conduct of review. new text end

new text begin Each postelection review is limited
to the votes cast for President or governor; United States Senator; and United States
Representative.
new text end

new text begin The postelection review must be conducted in public. The recount official for
the precincts selected must conduct the postelection review and may be assisted by
election judges designated by the recount official for this purpose. The postelection
review must consist of a manual count of the ballots used in the precincts selected and
must be performed in the manner provided by section 204C.21. The postelection review
must be conducted in the manner provided for recounts under section 204C.361 to the
extent practicable.
new text end

new text begin Upon completion of the postelection review, the recount official must immediately
report the results to the county auditor. The county auditor must then immediately submit
the results of the postelection review electronically or in writing to the secretary of state
not later than two days before state canvassing board meets to canvass the state general
election. The secretary of state shall report the results of the preelection review at the
meeting of the state canvassing board to canvass the state general election.
new text end

new text begin Subd. 3. new text end

new text begin Standard of acceptable performance by voting system. new text end

new text begin Each
comparison of the results compiled by the voting system with the postelection review
described in this section must be accurate to within one-half of one percent variation from
the manual count of the offices reviewed. Valid votes that have been marked by the voter
outside the vote targets or using a manual marking device that cannot be read by the voting
system must not be included in making the determination whether the voting system has
met the standard of acceptable performance for any precinct.
new text end

new text begin If the postelection review reveals a difference greater than one-half of one percent,
the recount official must, within two days, conduct an additional review of at least three
precincts in the same jurisdiction where the discrepancy was discovered. If all precincts
in that jurisdiction have been reviewed, the county auditor must immediately publicly
select by lot at least three additional precincts for review. The additional review must be
completed within two days after the precincts are selected, and the results must be reported
immediately to the county auditor. If the second review also indicates a difference in the
voting totals compiled by the voting system that is greater than one-half of one percent
from the result indicated by the postelection review, the county auditor must conduct a
review of the ballots from all the remaining precincts in the county. This review must be
completed not later than six weeks after the state general election.
new text end

new text begin Subd. 4. new text end

new text begin Update of vote totals. new text end

new text begin If the postelection review under this section results
in a change in the number of votes counted for any candidate, the revised vote totals must
be incorporated in the official result from those precincts.
new text end

new text begin Subd. 5. new text end

new text begin Effect on voting systems. new text end

new text begin If a voting system is found to have failed
to record votes accurately and in the manner provided by the Minnesota election law,
the voting system must not be used at another election until it has been examined and
recertified by the secretary of state. If the voting system failure is attributable to either its
design or to actions of the vendor, the vendor must forfeit the vendor bond required by
section 206.57 and the performance bond required by section 206.66.
new text end

new text begin Subd. 6. new text end

new text begin Costs of review. new text end

new text begin The costs of the postelection review required by this
section must be allocated as follows:
new text end

new text begin (1) the governing body responsible for each precinct selected for review must pay
the costs incurred for the review; and
new text end

new text begin (2) the vendor of the voting system must pay any costs incurred by the secretary of
state to examine and recertify the voting system.
new text end

new text begin Subd. 7. new text end

new text begin Time for filing election contest. new text end

new text begin The time for notice of a contest of
election does not begin to run until all reviews under this section have been completed.
new text end