Minnesota Administrative Rules

8220.1550 PUBLIC ACCURACY TEST.

In order to demonstrate the accuracy of the computer programs and voting systems to be used at an election, the election jurisdiction must hold a public accuracy test at least three days prior to the voting equipment being used. A ballot-marking device used for absentee voting must be tested according to part 8220.1350. The public accuracy test must be conducted according to Minnesota Statutes, section 206.83.

The time and place of the public accuracy test must be designated by the election jurisdiction providing the computer program, which must give at least five days' public notice of the time and place of the test by publication in official newspapers and by posting a notice in the office of the county auditor and each local election official conducting the test.

The test must be open to the public. At least two election judges of different political parties must witness the test. The chief election official of the election jurisdiction shall explain the methods and test procedures used to determine the accuracy of the computer programs. This will include submitting as public record the certificate prepared in accordance with part 8220.1450 that all precincts have been tested using the test deck prepared under the direction of the election jurisdiction.

The sealed container containing the computer programs, test deck, and predetermined results must be opened and the computer programs tested to determine their accuracy on the voting systems on which they are to be used on election day. The testing of the voting systems and programs must be with the test deck prepared under the direction of the election jurisdiction. In election jurisdictions with three or fewer precincts, all the precincts must be tested. In election jurisdictions with more than three precincts, a minimum of three precincts must be tested. The precincts must be tested on at least one of each unique model of voting equipment used by the election jurisdiction. One precinct from each congressional district, legislative district, county commissioner district, ward, and school district on the ballot must be tested. The official conducting the election shall select the precincts to be tested.

If an error is detected in any part of the testing, the cause must be ascertained, the error corrected, and an errorless count must be made on all precincts. At the discretion of the election jurisdiction, the meeting may be adjourned to a time and date certain.

This rule does not apply to ballot marking devices used for absentee voting. Those devices must be tested under part 8220.1350.

Statutory Authority:

MS s 201.022; 201.061; 201.071; 201.091; 201.121; 201.221; 203B.04; 203B.08; 203B.09; 203B.125; 204B.071; 204B.14; 204B.25; 204B.45; 204D.08; 204D.11; 205.17; 205A.08; 206.57; 206.61; 206.81; 206.82; 206.84; 207A.11

History:

10 SR 1690; 20 SR 2787; 23 SR 459; 25 SR 616; 50 SR 971

NOTE:

The amendments to this part made by 50 SR 971 are effective June 1, 2026.

Published Electronically:

May 15, 2026