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206.89 MINNESOTA STATUTES 2023 2 <br /> votes in a precinct where 2,000 or more voters cast ballots. Valid votes that have been marked by the voter <br /> outside the vote targets or using a manual marking device that cannot be read by the voting system must not <br /> be included in making the determination whether the voting system has met the standard of acceptable <br /> performance for any precinct. <br /> Subd. 5. Additional review. (a) If the postelection review in one of the reviewed precincts reveals a <br /> difference greater than the thresholds specified in subdivision 4,the postelection review official must,within <br /> two days, conduct an additional review of the races indicated in subdivision 3 in at least three precincts in <br /> the same jurisdiction where the discrepancy was discovered. If all precincts in that jurisdiction have been <br /> reviewed, the county auditor must immediately publicly select by lot at least three additional precincts for <br /> review. The postelection review official must complete the additional review within two days after the <br /> precincts are selected and report the results immediately to the county auditor. If the second review in any <br /> of the reviewed precincts also indicates a difference in the vote totals compiled by the voting system that is <br /> greater than the thresholds specified in subdivision 4,the county auditor must conduct a review of the ballots <br /> from all the remaining precincts in the county for the races indicated in subdivision 3. This review must be <br /> completed and the results must be reported to the secretary of state within one week after the second review <br /> was completed. <br /> (b) If the results from the countywide reviews from one or more counties comprising in the aggregate <br /> more than ten percent of the total number of persons voting in the election clearly indicate that an error in <br /> vote counting has occurred,the secretary of state must notify the postelection review official of each county <br /> in the district that they must conduct manual recounts of all the ballots in the district for the affected office <br /> using the procedure outlined in section 204C.35. The recount must be completed and the results reported to <br /> the appropriate canvassing board within two weeks after the postelection review official received notice <br /> from the secretary of state. <br /> Subd. 6. Report of results.Upon completion of the postelection review,the postelection review official <br /> must immediately report the results to the county auditor.The county auditor must then immediately submit <br /> the results of the postelection review electronically or in writing to the secretary of state not later than two <br /> days before the State Canvassing Board meets to canvass the state general election. The secretary of state <br /> shall report the results of the postelection review at the meeting of the State Canvassing Board to canvass <br /> the state general election. <br /> Subd. 7. Update of vote totals. If the postelection review under this section results in a change in the <br /> number of votes counted for any candidate,the revised vote totals must be incorporated in the official result <br /> from those precincts. <br /> Subd. 8. Effect on voting systems. If a voting system is found to have failed to record votes accurately <br /> and in the manner provided by the Minnesota Election Law,the voting system must not be used at another <br /> election until it has been examined and recertified by the secretary of state. If the voting system failure is <br /> attributable to either its design or to actions of the vendor,the vendor must forfeit the vendor bond required <br /> by section 206.57 and the performance bond required by section 206.66. <br /> Subd. 9. Costs of review. The costs of the postelection review required by this section must be allocated <br /> as follows: <br /> (1)the governing body responsible for each precinct selected for review must pay the costs incurred for <br /> the review conducted under subdivision 2 or 5,paragraph (a); <br /> (2)the vendor of the voting system must pay any costs incurred by the secretary of state to examine and <br /> recertify the voting system; and <br /> Official Publication of the State of Minnesota <br /> Revisor of Statutes <br />