§ 16.1-06-15 — Mandatory testing of voting systems before each election and after tabulation of ballots

tabulation of ballots.
1. All voting systems used in this state must be tested according to guidelines
established by the secretary of state and as follows to ascertain whether the automatic
tabulating equipment will accurately count the votes cast for all offices and measures.
The testing must be conducted before each election at which the system will be used.
The testing must be done by the county auditor or county auditor's designee, and after
each test, the testing materials and any preaudited ballots used during the test must
be sealed and retained in the same manner as election materials after an election.
2. The test of a voting system employing paper ballots must be conducted by processing
a preaudited group of ballots on which are recorded a predetermined number of valid
votes for each candidate and measure and must include for each office one or more
ballots which have votes in excess of the number allowed by law in order to test the
ability of the automatic tabulating equipment to reject such votes. During the test a
different number of valid votes must be assigned to each candidate for an office and
for and against each measure. If an error is detected, the cause of it must be
ascertained and corrected, and an errorless count must be secured and filed as
provided in this section.
3. The test must be conducted at least one week before the election. One week before
the test is conducted, the county auditor must send the district chairman of each
political party having a candidate on the ballot a notice of the test. The notice must
state the time, place, and date of the test or tests and that the district chairman or
district chairman's designee may attend.
4. At the conclusion of the test, the programming for each voting device must be sealed
within the device with a unique numbered seal that must be verified by the election
inspector before the opening of the polls to make sure the programming has not been
removed from the device.
5. After each statewide primary, general, and special election, the secretary of state shall
order a postelection audit for one polling location selected randomly in each county of
the state. The postelection audit must be commenced on the sixth day following
election day and concluded by the eighth day following election day. The county
recorder shall deliver to the county auditor the wrapped ballots from the polling
location subject to the postelection audit. The secretary of state may further define the
procedure for conducting a postelection audit in writing.
6. The county auditor shall appoint an election board consistent with the procedure under
section 16.1-05-01 to conduct the postelection audit. The county auditor shall notice
the date, time, and location of the postelection audit. The election board shall review
the ballots received under subsection 5 from one federal contest, one statewide
contest, one legislative contest if a legislative contest appeared on the ballot, and one
county contest. If the election board discovers a discrepancy between the automated
tabulating equipment and the results of the postelection audit, the secretary of state
may request additional postelection audits within the county, which must serve as the
official record used during canvassing.
7. Upon completion of the postelection audit, the election board shall prepare the ballots
as specified in section 16.1-15-08 and the county auditor shall deliver the ballots to the
county recorder for storage as required under section 16.1-15-13. The election board
shall submit the results of the postelection audit to the secretary of state, who shall
publish the results.