Laserfiche WebLink
1 <br />MINNESOTA STATUTES 2023 206.89 <br />206.89 POSTELECTION REVIEW OF VOTING SYSTEMS. <br />Subdivision 1. Definition. For purposes of this section "postelection review official" means the county <br />auditor, unless the county auditor designates the municipal clerk as the "postelection review official" within <br />24 hours after the canvass of the state general election. <br />Subd. 2. Selection for review; notice. At the canvass of the state primary, the county canvassing board <br />in each county must set the date, time, and place for the postelection review of the state general election to <br />be held under this section. The postelection review must not begin before the I lth day after the state general <br />election and must be complete no later than the 18th day after the state general election. <br />At the canvass of the state general election, the county canvassing boards must select the precincts to <br />be reviewed by lot. The ballots to be reviewed for a precinct include both the ballots counted at the polling <br />place for that precinct and the absentee ballots counted centrally by a ballot board for that precinct. The <br />county canvassing board of a county with fewer than 50,000 registered voters must conduct a postelection <br />review of a total of at least two precincts. The county canvassing board of a county with between 50,000 <br />and 100,000 registered voters must conduct a review of a total of at least three precincts. The county <br />canvassing board of a county with over 100,000 registered voters must conduct a review of a total of at least <br />four precincts, or three percent of the total number of precincts in the county, whichever is greater. At least <br />one precinct selected in each county must have had more than 150 votes cast at the general election. <br />The county auditor must notify the secretary of state of the precincts that have been chosen for review <br />and the time and place the postelection review for that county will be conducted, as soon as the decisions <br />are made. If the selection of precincts has not resulted in the selection of at least four precincts in each <br />congressional district, the secretary of state may require counties to select by lot additional precincts to meet <br />the congressional district requirement. The secretary of state must post this information on the office website. <br />Subd. 2a. Exception. No review is required under this section if the election for the office will be subject <br />to a recount as provided in section 204C.35, subdivision 1. <br />Subd. 3. Scope and conduct of review. The county canvassing board shall appoint the postelection <br />review official as defined in subdivision 1. The postelection review must be conducted of the votes cast for <br />president or governor; United States senator; and United States representative. The postelection review <br />official may conduct postelection review of the votes cast for additional offices. <br />The postelection review must be conducted in public at the location where the voted ballots have been <br />securely stored after the state general election or at another location chosen by the county canvassing board. <br />The postelection review official for each precinct selected must conduct the postelection review and may <br />be assisted by election judges designated by the postelection review official for this purpose. The party <br />balance requirement of section 204B.19 applies to election judges designated for the review. The postelection <br />review must consist of a manual count of the ballots used in the precincts selected and must be performed <br />in the manner provided by section 204C.21. The postelection review must be conducted in the manner <br />provided for recounts under section 204C.361 to the extent practicable. The review must be completed no <br />later than two days before the meeting of the state canvassing board to certify the results of the state general <br />election. <br />Subd. 4. Standard of acceptable performance by voting system. A comparison of the results compiled <br />by the voting system with the postelection review described in this section must show that the results of the <br />electronic voting system differed from the manual count of the offices reviewed by no more than two votes <br />in a precinct where fewer than 1,200 voters cast ballots, three votes in a precinct where between 1,200 and <br />1,599 voters cast ballots, four votes in a precinct where between 1,600 and 1,999 voters cast ballots, or five <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />