HF 3006

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; establishing procedures for home rule charter jurisdictions
that adopt ranked-choice voting; amending Minnesota Statutes 2006, sections
205.13, subdivision 2; 206.83; proposing coding for new law in Minnesota
Statutes, chapter 206; proposing coding for new law as Minnesota Statutes,
chapter 204E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [204E.01] APPLICABILITY.
new text end

new text begin (a) This chapter applies to all elections conducted using ranked-choice voting. All
other provisions of Minnesota Statutes also apply, to the extent they are not inconsistent
with this chapter.
new text end

new text begin (b) Except as otherwise provided, a jurisdiction that chooses to adopt ranked-choice
voting pursuant to section 204E.03 must conduct the elections according to the method
and procedures established by this chapter.
new text end

Sec. 2.

new text begin [204E.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Batch elimination. new text end

new text begin "Batch elimination" means a simultaneous defeat of
multiple continuing candidates that have no mathematical chance of being elected.
new text end

new text begin Subd. 3. new text end

new text begin Continuing candidate. new text end

new text begin "Continuing candidate" means a candidate who
has been neither elected nor defeated.
new text end

new text begin Subd. 4. new text end

new text begin Defective ballot. new text end

new text begin "Defective ballot" means a ballot in which a first ranking
is not indicated or if more than one candidate is given a first ranking.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate ranking. new text end

new text begin "Duplicate ranking" occurs when a voter ranks the
same candidate at multiple rankings.
new text end

new text begin Subd. 6. new text end

new text begin Exhausted ballot. new text end

new text begin "Exhausted ballot" means a ballot that cannot be
transferred to a lower ranked candidate because the next ranking is blank or there is more
than one candidate given the next ranking.
new text end

new text begin Subd. 7. new text end

new text begin Highest continuing ranking. new text end

new text begin "Highest continuing ranking" means the
ranking on a voter's ballot with the lowest numerical value for a continuing candidate.
new text end

new text begin Subd. 8. new text end

new text begin Overvote. new text end

new text begin An "overvote" occurs when a voter ranks more than one
candidate at the same ranking.
new text end

new text begin Subd. 9. new text end

new text begin Ranked-choice voting. new text end

new text begin "Ranked-choice voting" means an election method
in which voters rank candidates for an office in order of their preference and the ballots are
counted in rounds that, in the case of a single-seat election, simulate a series of runoffs
until one candidate meets the threshold, or until two candidates remain and the candidate
with the greatest number of votes is declared elected. In the case of multiple-seat elections,
the series of runoffs are simulated until all seats to be elected have been filled.
new text end

new text begin Subd. 10. new text end

new text begin Ranked-choice voting tabulation center. new text end

new text begin "Ranked-choice voting
tabulation center" means the place selected for the automatic or manual processing and
tabulation of ballots.
new text end

new text begin Subd. 11. new text end

new text begin Ranking. new text end

new text begin "Ranking" means the number assigned by a voter to a candidate
to express the voter's preference for that candidate. Ranking number one is the highest
ranking. A ranking of lower numerical value indicates a greater preference for a candidate
than a ranking of higher numerical value.
new text end

new text begin Subd. 12. new text end

new text begin Round. new text end

new text begin "Round" means an instance of the sequence of voting tabulation
steps established in sections 204E.06 and 204E.07.
new text end

new text begin Subd. 13. new text end

new text begin Skipped ranking. new text end

new text begin "Skipped ranking" occurs when a voter leaves a
ranking blank and ranks a candidate at a subsequent ranking.
new text end

new text begin Subd. 14. new text end

new text begin Surplus. new text end

new text begin "Surplus" means the total number of votes cast for an elected
candidate in excess of the threshold.
new text end

new text begin Subd. 15. new text end

new text begin Surplus fraction of a vote. new text end

new text begin "Surplus fraction of a vote" means the surplus
divided by the total votes cast for the elected candidate, calculated to four decimal places.
Surplus fraction of a vote = (Surplus)/(Total votes cast for elected candidate).
new text end

new text begin Subd. 16. new text end

new text begin Threshold. new text end

new text begin "Threshold" means the number of votes sufficient for a
candidate to be elected. In any given election, the threshold equals the total votes counted
in the first round after removing defective ballots, divided by the sum of one plus the
number of offices to be filled and adding one to the quotient, disregarding any fractions.
Threshold = (Total votes cast)/(Seats to be elected + 1) +1.
new text end

new text begin Subd. 17. new text end

new text begin Transferable vote. new text end

new text begin "Transferable vote" means a vote or a fraction of a
vote for a candidate who has been either elected or defeated.
new text end

new text begin Subd. 18. new text end

new text begin Undervote. new text end

new text begin An "undervote" occurs when a voter does not rank any
candidates for an office.
new text end

Sec. 3.

new text begin [204E.03] IMPLEMENTATION OF RANKED-CHOICE VOTING.
new text end

new text begin (a) A home rule charter city or county that adopts the use of ranked-choice voting
in local elections must adopt a charter amendment no later than 30 days before the first
day for filing affidavits of candidacy for the office for which ranked-choice voting is to be
used as the method of election.
new text end

new text begin (b) The use of ranked-choice voting may be eliminated through repeal of the charter
amendment no later than 30 days before the first day for filing affidavits of candidacy for
offices for which ranked-choice voting is used as the method of election.
new text end

new text begin (c) The chief election official in the jurisdiction must notify the secretary of state
and, if applicable, the county auditor within 30 days following adoption or repeal of
the charter amendment.
new text end

Sec. 4.

new text begin [204E.04] BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Ballot format. new text end

new text begin (a) A ballot must allow a voter to rank at least
three candidates for each office in order of preference and must also allow the voter to
add write-in candidates.
new text end

new text begin (b) A jurisdiction may use ballots compatible with alphanumeric character
recognition voting equipment.
new text end

new text begin Subd. 2. new text end

new text begin Mixed-election method ballots. new text end

new text begin If elections are held in which
ranked-choice voting is used in addition to other methods of voting, the ranked-choice
voting and non-ranked-choice voting elections must be on the same ballot card if possible,
with ranked-choice voting and non-ranked-choice voting portions clearly separated on the
ballot card. A separate ballot card may be used if necessary. A jurisdiction may deviate
from the standard ballot order of offices to allow separation of ranked-choice voting
and non-ranked-choice voting elections.
new text end

new text begin Subd. 3. new text end

new text begin Ballot instructions. new text end

new text begin (a) In an election held using optical-scan voting
technology, the ballot must include instructions to voters appearing substantially as
follows:
new text end

new text begin "INSTRUCTIONS: Mark your first choice in the first column by completely filling
in the oval next to your choice, as shown in the picture. To indicate a second choice, select
a different candidate in the second column. To indicate a third choice, select a different
candidate in the third column.
new text end

new text begin 1. Rank candidates in order of your preference.
new text end

new text begin 2. You may rank as few candidates as you wish or as many as is allowed.
new text end

new text begin 3. Do not skip rankings.
new text end

new text begin 4. Do not give the same ranking to more than one candidate.
new text end

new text begin 5. Do not rank the same candidate more than once."
new text end

new text begin (b) In an election held using alphanumeric character recognition technology,
the ballot must contain the instructions as provided in paragraph (a), provided that the
instructions may be modified where necessary to reflect the appearance and layout of
the ballot.
new text end

Sec. 5.

new text begin [204E.05] RANKED-CHOICE VOTING TABULATION CENTER.
new text end

new text begin The chief election official in the jurisdiction shall designate one location to serve as
the ranked-choice voting tabulation center. The center must be accessible to the public for
the purpose of observing the vote tabulation. Tabulation of votes must be conducted as
described in sections 204E.06 and 204E.07.
new text end

Sec. 6.

new text begin [204E.06] TABULATION OF VOTES; SINGLE-SEAT ELECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to a ranked-choice voting election
in which one seat in office is to be filled from a single set of candidates on the ballot. The
method of tabulating ranked-choice votes for single-seat elections as described in this
section must be known as the "single-seat single transferable vote" method of tabulation.
new text end

new text begin Subd. 2. new text end

new text begin Precinct tabulation. new text end

new text begin When the hours for voting have ended and all voting
has concluded, the election judges in each precinct shall record and publicly declare the
number of votes at each ranking on the ballot. The election judges must then securely
transfer all electronic voting data, if applicable, from the precinct to the ranked-choice
voting tabulation center designated pursuant to section 204E.05.
new text end

new text begin Subd. 3. new text end

new text begin Ranked-choice voting tabulation center. new text end

new text begin (a) Tabulation of votes at the
ranked-choice voting tabulation center must proceed in rounds. First the threshold must
be calculated and publicly declared. After calculation of the threshold, each round must
proceed sequentially as follows:
new text end

new text begin (1) The number of votes cast for each candidate, as indicated by the highest
continuing ranking on each ballot, must be counted. If a candidate's vote total is equal to or
greater than the threshold, the tabulation is complete. If no candidate's vote total is equal
to or greater than the threshold, the tabulation must continue as described in clause (2).
new text end

new text begin (2) Candidates appearing on the ballot who do not receive any votes are defeated
immediately, before any transfers.
new text end

new text begin (3) All candidates are defeated whose vote total, plus all potentially transferable
votes from candidates with fewer votes, is less than the vote total of the candidate with the
next higher number of votes, such that it is mathematically impossible for that candidate
to be elected. All candidates for whom it is mathematically impossible to be elected
must be considered defeated simultaneously.
new text end

new text begin (4) The candidate with the fewest votes is defeated. Votes for the defeated candidate
must be transferred to each ballot's next-ranked continuing candidate. Ties between
candidates with the fewest votes must immediately and publicly be decided by lot by the
chief election administrator at the tabulation center. The candidate chosen by lot must
be defeated. The result of the tie resolution must be recorded and reused in the event of
a recount.
new text end

new text begin (5) The procedures in clauses (1) to (4) must be repeated until one candidate reaches
the threshold, or until only two continuing candidates remain. If only two candidates
remain, the candidate with the most votes must be elected. In the case of a tie between two
continuing candidates, the tie must be decided by lot as provided in section 204C.34. The
result of the tie resolution must be recorded and reused in the event of a recount.
new text end

new text begin (b) If any ballot cannot be advanced because no further continuing candidates
are ranked on that ballot, or because a voter has skipped a ranking or ranked the same
candidate in two or more rankings, that ballot must immediately be declared "exhausted."
Any ballot that has been declared an undervote, overvote, or exhausted must not count
towards any candidate in that round or in subsequent rounds.
new text end

Sec. 7.

new text begin [204E.07] TABULATION OF VOTES; MULTIPLE-SEAT ELECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to a ranked-choice voting election
in which more than one seat in office is to be filled from a single set of candidates on
the ballot. The method of tabulating ranked-choice votes for multiple-seat elections as
described in this section must be known as the "multiple-seat single transferable vote"
method of tabulation.
new text end

new text begin Subd. 2. new text end

new text begin Precinct tabulation. new text end

new text begin When the hours for voting have ended and all voting
has concluded, the election judges in each precinct must record and publicly declare the
number of votes at each ranking on the ballot. The election judges must then securely
transfer all electronic voting data, if applicable, from the precinct to the ranked-choice
voting tabulation center designated pursuant to section 204E.05.
new text end

new text begin Subd. 3. new text end

new text begin Ranked-choice voting tabulation center. new text end

new text begin (a) Tabulation of votes at the
ranked-choice voting tabulation center must proceed in rounds. First the threshold must
be calculated and publicly declared. After calculation of the threshold, each round must
proceed sequentially as follows:
new text end

new text begin (1) The number of votes cast for each candidate, as indicated by the highest ranked
continuing candidate on each ballot, must be counted. If the number of candidates whose
vote totals equal or exceed the threshold is equal to the number of seats to be filled, the
tabulation is complete.
new text end

new text begin (2) Surplus votes for any candidates whose vote total is equal to or greater than
the threshold must be calculated.
new text end

new text begin (3) Candidates appearing on the ballot who do not receive any votes are defeated
immediately, before any transfers.
new text end

new text begin (4) After any surplus votes are calculated but not yet transferred, a candidate is
defeated whose vote total, plus all potentially transferable votes from elected candidates
and candidates with fewer votes, is less than the vote total of the candidate with the next
higher number of votes, such that it is mathematically impossible for that candidate to be
elected. All candidates for whom it is mathematically impossible to be elected must be
defeated simultaneously.
new text end

new text begin (5) The surplus fraction of each vote cast for an elected candidate must be transferred
to the next continuing candidate on that ballot. If two or more candidates have vote totals
that equal or exceed the threshold, the surplus fraction of the votes cast for the elected
candidate with the most votes must be transferred to the next continuing candidate on
each ballot. The surplus fraction of votes cast for other elected candidates, in order of
vote totals, must then be transferred to the next continuing candidate on each ballot. A
tie between two or more candidates must immediately and publicly be resolved by lot by
the chief election administrator at the tabulation center. The candidate chosen by lot
must be defeated. The result of the tie resolution must be recorded and reused in the
event of a recount.
new text end

new text begin (6) If there are no transferable surplus votes, the candidate with the fewest votes
is defeated. Votes for the defeated candidate are transferred to each ballot's next-ranked
continuing candidate. Ties between candidates with the fewest votes must be decided by
lot, and the candidate chosen by lot must be defeated. The result of the tie resolution must
be recorded and reused in the event of a recount.
new text end

new text begin (7) The procedures in clauses (1) to (6) must be repeated until the number of
candidates whose vote totals equal or exceed the threshold is equal to the number of seats
to be filled, or until the number of continuing candidates is equal to the number of offices
yet to be elected. If the number of continuing candidates is equal to the number of offices
yet to be elected, the remaining continuing candidate must be declared elected. In the case
of a tie between two continuing candidates, the tie must be decided by lot as provided in
section 204C.34, and the candidate chosen by lot must be defeated. The result of the tie
resolution must be recorded and repeated in the event of a recount.
new text end

new text begin (b) If any ballot cannot be advanced because no further candidates are ranked on that
ballot, that ballot must immediately be declared "exhausted." Any ballot that has been
declared an undervote, overvote, or exhausted must remain so and shall not count towards
any candidate in that round or in subsequent rounds.
new text end

new text begin Subd. 4. new text end

new text begin Alternate counting methods. new text end

new text begin Notwithstanding subdivision 1, a
jurisdiction may use a different ranked-choice counting method for multiple-winner
elections upon application to and approval of the secretary of state. The secretary of state
must adopt rules governing the approval of alternate counting method applications.
new text end

Sec. 8.

new text begin [204E.08] WRITE-IN PROCEDURES.
new text end

new text begin In the event that votes cast for the write-in category are not eliminated as provided in
section 204E.06, subdivision 2, or 204E.07, subdivision 3, each ballot must be examined
by the elections administrator and the results must be entered into the ranked-choice
voting tabulation software.
new text end

Sec. 9.

new text begin [204E.09] REPORTING RESULTS.
new text end

new text begin (a) Each precinct must print a precinct summary statement, which must include the
number of votes in each ranking for each candidate.
new text end

new text begin (b) The ranked-choice voting tabulation center must print a summary statement,
which must include the following information: total votes cast; number of undervotes;
number of defective and spoiled ballots; threshold calculation; total first choice rankings
for all candidates; round-by-round tabulation results, including simultaneous batch
eliminations, surplus transfers, and defeated candidate transfers; and exhausted ballots
at each round.
new text end

new text begin (c) The election abstract must include the information required in the ranked-choice
voting tabulation center summary statement, with the addition of the number of registered
voters by precinct, the number of same day voter registrations, and the number of absentee
voters.
new text end

Sec. 10.

new text begin [204E.12] RECOUNTS.
new text end

new text begin (a) A candidate defeated in the final round of tabulation may request a recount
as provided in section 204C.36.
new text end

new text begin (b) A candidate defeated in an earlier round of tabulation may request a recount at
the candidate's own expense. The candidate is responsible for all expenses associated
with the recount regardless of the vote difference between the candidates in the round in
which the requesting candidate was defeated.
new text end

Sec. 11.

new text begin [204E.13] RULES.
new text end

new text begin The secretary of state may adopt rules necessary to implement the requirements
and procedures established by this chapter.
new text end

Sec. 12.

Minnesota Statutes 2006, section 205.13, subdivision 2, is amended to read:

Subd. 2.

Notice of filing dates.

At least two weeks before the first day to file
affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
dates on which affidavits of candidacy may be filed in the clerk's office and the closing
time for filing on the last day for filing. The clerk shall post a similar notice at least
ten days before the first day to file affidavits of candidacy. new text begin The notice must indicate the
method of election to be used for the offices on the ballot. If ranked-choice voting is to be
used for a multiple-winner election and the method of tabulating votes is different from
that described in section 204E.07, the notice must also indicate the date on which the
secretary of state approved the alternate tabulation method and a location at which a full
copy of the tabulation procedures to be used may be inspected.
new text end

Sec. 13.

new text begin [206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.
new text end

new text begin Any new voting equipment purchased for use in Minnesota for the purpose of
replacing a voting system must have the ability to:
new text end

new text begin (1) capture and store ballot data;
new text end

new text begin (2) keep data anonymous;
new text end

new text begin (3) accept ranked or cumulative voting data under a variety of tabulation rules;
new text end

new text begin (4) be programmable to follow all other specifications of the ranked-choice voting
system as provided in chapter 204E;
new text end

new text begin (5) provide a minimum of three rankings for ranked-choice voting elections;
new text end

new text begin (6) notify voters of the following errors: overvotes, skipped rankings, and duplicate
rankings in a ranked-choice voting election; and
new text end

new text begin (7) be programmable to print a zero tape indicating all rankings for all candidates in
a ranked-choice voting election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon certification by the secretary
of state that equipment meeting the standards required by this section is available for
purchase and implementation.
new text end

Sec. 14.

Minnesota Statutes 2006, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

new text begin (a) new text end Within 14 days before election day, the official in charge of elections shall
have the voting system tested to ascertain that the system will correctly mark ballots
using all methods supported by the system, including new text begin ranked-choice voting if applicable,
and new text end through assistive technology, and count the votes cast for all candidates and on all
questions. Public notice of the time and place of the test must be given at least two days
in advance by publication once in official newspapers. The test must be observed by at
least two election judges, who are not of the same major political party, and must be open
to representatives of the political parties, candidates, the press, and the public. The test
must be conducted by (1) processing a preaudited group of ballots punched or marked to
record a predetermined number of valid votes for each candidate and on each question,
and must include for each office one or more ballot cards which have votes in excess of
the number allowed by law in order to test the ability of the voting system tabulator and
electronic ballot marker to reject those votes; and (2) processing an additional test deck
of ballots marked using the electronic ballot marker for the precinct, including ballots
marked using the electronic ballot display, audio ballot reader, and any assistive voting
technology used with the electronic ballot marker. new text begin If an election is to be conducted using
ranked-choice voting, the equipment must also be tested to ensure that each ranking
for each candidate is recorded properly.
new text end

new text begin (b) new text end If any error is detected, the cause must be ascertained and corrected and an
errorless count must be made before the voting system may be used in the election.

new text begin (c) new text end After the completion of the test, the programs used and ballot cards must be
sealed, retained, and disposed of as provided for paper ballots.

Sec. 15.

new text begin [206.892] POSTELECTION AUDIT OF VOTING SYSTEMS;
RANKED-CHOICE VOTING ELECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "postelection audit official"
means the election administration official who is responsible for the conduct of elections
in the jurisdiction being audited under this section.
new text end

new text begin Subd. 2. new text end

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

new text begin Thirty days before an election that will
be conducted using the ranked-choice voting method pursuant to chapter 204E, the
postelection audit official must set the date, time, and place for postelection audit. Within
four days after the election, the postelection audit official must select the precincts to be
audited. Jurisdictions with fewer than 50,000 registered voters must select at least two
precincts for postelection audit. Jurisdictions with between 50,000 and 100,000 registered
voters must select at least three precincts to be audited. Jurisdictions with over 100,000
registered voters must select at least four precincts to be audited. 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 election. The postelection audit official must notify the
secretary of state of the precincts that have been chosen for audit and the time and place
the postelection audit for that jurisdiction will be conducted, as soon as the decisions are
made. The secretary of state must post this information on the secretary of state's Web site.
new text end

new text begin Subd. 3. new text end

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

new text begin The postelection audit must be conducted
of the votes cast for at least one single-seat ranked-choice voting election, if applicable,
and at least one multiple-seat ranked-choice voting election, if applicable. The audit must
be conducted of elections decided most closely in the final round, by percentage. The
postelection audit official may conduct a postelection audit of the votes cast for additional
offices. The postelection audit must be conducted in public at the location where the voted
ballots have been securely stored after the general election or at another location chosen
by the postelection audit official. The postelection audit official for each precinct selected
must conduct the postelection audit and may be assisted by election judges designated
by the postelection audit official for this purpose. The party balance requirement of
section 204B.19 applies to election judges designated for the audit. The postelection audit
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. To the extent practicable, the
postelection audit must be conducted in the manner provided for recounts under section
204C.361. The postelection audit must also include testing of the accumulation software,
using stored electronic data for those precincts that are not audited by manual count. The
audit must be completed no later than two days before the meeting of the canvassing
board to certify the results of the election.
new text end

new text begin Subd. 4. new text end

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

new text begin A comparison
of the results compiled by the voting system with the postelection audit described in this
section must show that the results of the electronic voting system differed by no more than
one-half of one percent from the manual count of the offices audited. 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 Subd. 5. new text end

new text begin Additional review. new text end

new text begin (a) If the postelection audit in one of the audited
precincts reveals a difference greater than one-half of one percent or greater than two votes
in a precinct where 400 or fewer voters cast ballots, the postelection audit official must,
within two days, conduct an additional audit of the races indicated in subdivision 3 in at
least three precincts in the same jurisdiction where the discrepancy was discovered. The
postelection audit official must immediately publicly select by lot the additional precincts
to be audited. The postelection audit official must complete the additional audit within
two days after the precincts are selected and report the results immediately to the county
auditor. If the second audit in any of the reviewed precincts also indicates a difference in
the vote totals compiled by the voting system that is greater than one-half of one percent
from the result indicated by the postelection audit or greater than two votes in a precinct
where 400 or fewer voters cast ballots, the postelection audit official must conduct an audit
of the ballots from all the remaining precincts in the jurisdiction for the races indicated
in subdivision 3. This audit must be completed and the results must be reported to the
secretary of state within one week of completing the second audit.
new text end

new text begin (b) If the results from the jurisdictionwide audits clearly indicate that an error in vote
counting has occurred, the secretary of state must notify the postelection audit official that
they must conduct a manual recount of all the ballots in the jurisdiction for the affected
office using the procedure established in section 204C.35. The recount must be completed
and the results reported to the appropriate canvassing board within two weeks of receiving
notice from the secretary of state.
new text end

new text begin Subd. 6. new text end

new text begin Report of results. new text end

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

new text begin Subd. 7. new text end

new text begin Update of vote totals. new text end

new text begin If the postelection audit 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. 8. 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 may 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. 9. new text end

new text begin Costs of audit. new text end

new text begin The costs of the postelection audit 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 an audit must pay
the costs incurred for the audit conducted under subdivision 2 or 5, paragraph (a);
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; and
new text end

new text begin (3) the secretary of state must reimburse local units of government for the costs of
any recount required under subdivision 5, paragraph (b).
new text end

new text begin Subd. 10. new text end

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

new text begin The appropriate canvass is not
completed and the time for notice of a contest of election does not begin to run until all
audits under this section have been completed.
new text end