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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 424-H.F.No. 2558 
           An act relating to elections; requiring optical scan 
          voting systems to be tested within 14 days before 
          election; amending Minnesota Statutes 1986, section 
          206.83. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 206.83, is 
amended to read:  
    206.83 [TESTING OF MACHINES.] 
    Where electronic voting systems are used, within five days 
prior to the election day, The official in charge of elections 
shall have the automatic tabulating equipment tested to 
ascertain that the equipment will correctly count the votes cast 
for all candidates and on all questions (1) within five days 
prior to election day, for electronic voting systems, or (2) 
within 14 days prior to election day, for optical scan voting 
systems.  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 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 
automatic tabulating equipment to reject those votes.  If any 
error is detected, the cause must be ascertained and corrected 
and an errorless count must be made before the automatic 
tabulating equipment is approved.  The test must be repeated 
immediately before the start of the official count of the 
ballots, in the manner provided in this section.  After the 
completion of the count, the programs used and ballot cards must 
be sealed, retained, and disposed of as provided for paper 
ballots. 
    Approved March 29, 1988