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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 />