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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 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. 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. After the completion of the test, the programs used and ballot
cards must be sealed, retained, and disposed of as provided for paper ballots.
History: 1984 c 447 s 25; 1988 c 424 s 1; 1993 c 223 s 21; 1997 c 147 s 64; 2005 c 162 s
23; 2006 c 242 s 33

Official Publication of the State of Minnesota
Revisor of Statutes