HF 3173

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

A bill for an act
relating to elections; changing certain review procedures; amending Minnesota
Statutes 2006, section 206.89, subdivision 5.

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

Section 1.

Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:

Subd. 5.

Additional review.

(a) If the postelection review reveals a difference
greater than one-half of one percent, the postelection review official must, within two days,
conduct an additional review of at least three precincts in the same jurisdiction where the
discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, the
county auditor must immediately publicly select by lot at least three additional precincts
for review. The postelection review official must complete the additional review within
two days after the precincts are selected and report the results immediately to the county
auditor. If the second review 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 review, the county auditor must conduct a review of the ballots from all
the remaining precincts in the county. This review must be completed deleted text begin no later than six
weeks after the state general election deleted text end new text begin and the results must be reported to the secretary of
state within one week of completing the second review new text end .

(b) If the results from the countywide reviews from one or more counties comprising
in the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the new text begin secretary of state must
notify the new text end postelection review official new text begin of each county in the district that they new text end must conduct
deleted text begin a deleted text end manual deleted text begin recount deleted text end new text begin recounts new text end of all the ballots in the district for the affected office new text begin using the
procedure outlined in section 204C.35 new text end . The recount must be completed and the results
reported to the appropriate canvassing board deleted text begin no later than ten weeks after the state general
election deleted text end new text begin within two weeks of receiving notice from the secretary of state new text end .