1.1 	A bill for an act
1.2 	relating to elections; modifying the postelection review process; appropriating money;proposing 
1.3 	coding for new law in Minnesota Statutes, chapter 206; repealing Minnesota 
1.4 	Statutes 2004, section 204C.50, subdivisions 3, 4, 5, 6; Minnesota Statutes 2005 
1.5 	Supplement, section 204C.50, subdivisions 1, 2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [206.89] POSTELECTION REVIEW OF VOTING SYSTEMS.
1.8 		Subdivision 1.Selection for review; notice.  At the canvas of the state primary, 
1.9 	the county canvassing board in each county must set the date, time, and place for the 
1.10 	postelection review of the state general election to be held under this section.  The review 
1.11 	must be conducted at the location where the voted ballots have been securely stored after 
1.12 	the state general election or at another location chosen by the county canvassing board. 
1.13 	The review must be completed no later than two days before the meeting of the state 
1.14 	canvassing board to certify the results of the state general election.
1.15 	At the canvass of the state general election, the county canvassing boards must 
1.16 	select the precincts to be reviewed. The county canvassing board of a county with fewer 
1.17 	than 50,000 registered voters must select at least one precinct for postelection review.  The 
1.18 	county canvassing board of a county with between 50,000 and 100,000 registered voters 
1.19 	must select at least two precincts for review.  The county canvassing board of a county 
1.20 	with over 100,000 registered voters must select at least three precincts.  The precincts must 
1.21 	be selected by lot at a public meeting.  At least one precinct selected in each county must 
1.22 	have had more than 150 votes cast at the general election.
1.23 	Each county auditor must notify the secretary of state of the precincts that have been 
1.24 	chosen for review and the time and place the postelection review for that county will 
2.1 	be conducted, as soon as the decisions are made.  The secretary of state must post this 
2.2 	information on the office Web site.
2.3 		Subd. 2. Scope and conduct of review.  Each postelection review is limited 
2.4 	to the votes cast for President or governor; United States Senator; and United States 
2.5 	Representative. 
2.6 	The postelection review must be conducted in public.  The recount official for 
2.7 	the precincts selected must conduct the postelection review and may be assisted by 
2.8 	election judges designated by the recount official for this purpose. The postelection 
2.9 	review must consist of a manual count of the ballots used in the precincts selected and 
2.10 	must be performed in the manner provided by section 204C.21. The postelection review 
2.11 	must be conducted in the manner provided for recounts under section 204C.361 to the 
2.12 	extent practicable.
2.13 	Upon completion of the postelection review, the recount official must immediately 
2.14 	report the results to the county auditor.  The county auditor must then immediately submit 
2.15 	the results of the postelection review electronically or in writing to the secretary of state 
2.16 	not later than two days before state canvassing board meets to canvass the state general 
2.17 	election.  The secretary of state shall report the results of the preelection review at the 
2.18 	meeting of the state canvassing board to canvass the state general election.
2.19 		Subd. 3. Standard of acceptable performance by voting system.  Each 
2.20 	comparison of the results compiled by the voting system with the postelection review 
2.21 	described in this section must be accurate to within one-half of one percent variation from 
2.22 	the manual count of the offices reviewed.  Valid votes that have been marked by the voter 
2.23 	outside the vote targets or using a manual marking device that cannot be read by the voting 
2.24 	system must not be included in making the determination whether the voting system has 
2.25 	met the standard of acceptable performance for any precinct.
2.26 	If the postelection review reveals a difference greater than one-half of one percent, 
2.27 	the recount official must, within two days, conduct an additional review of at least three 
2.28 	precincts in the same jurisdiction where the discrepancy was discovered.  If all precincts 
2.29 	in that jurisdiction have been reviewed, the county auditor must immediately publicly 
2.30 	select by lot at least three additional precincts for review.  The additional review must be 
2.31 	completed within two days after the precincts are selected, and the results must be reported 
2.32 	immediately to the county auditor.  If the second review also indicates a difference in the 
2.33 	voting totals compiled by the voting system that is greater than one-half of one percent 
2.34 	from the result indicated by the postelection review, the county auditor must conduct a 
2.35 	review of the ballots from all the remaining precincts in the county.  This review must be 
2.36 	completed not later than six weeks after the state general election.
3.1 		Subd. 4. Update of vote totals.  If the postelection review under this section results 
3.2 	in a change in the number of votes counted for any candidate, the revised vote totals must 
3.3 	be incorporated in the official result from those precincts.
3.4 		Subd. 5. Effect on voting systems.  If a voting system is found to have failed 
3.5 	to record votes accurately and in the manner provided by the Minnesota election law, 
3.6 	the voting system must not be used at another election until it has been examined and 
3.7 	recertified by the secretary of state. If the voting system failure is attributable to either its 
3.8 	design or to actions of the vendor, the vendor must forfeit the vendor bond required by 
3.9 	section 206.57 and the performance bond required by section 206.66. 
3.10 		Subd. 6. Costs of review.  The costs of the postelection review required by this 
3.11 	section must be allocated as follows: 
3.12 	(1) the governing body responsible for each precinct selected for review must pay 
3.13 	the costs incurred for the review; and 
3.14 	 (2) the vendor of the voting system must pay any costs incurred by the secretary of 
3.15 	state to examine and recertify the voting system.
3.16 		Subd. 7. Time for filing election contest.  The time for notice of a contest of 
3.17 	election does not begin to run until all reviews under this section have been completed.

3.18 	Sec. 2.  REPEALER.
 3.19 	Minnesota Statutes 2004, section 204C.50, subdivisions 3, 4, 5, and 6, and 
3.20 	Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1 and 2, are repealed.