Closing procedures; ballot retention

Rule 20. (1) After the last precinct and early voting site has been counted, the board of election inspectors shall secure all programs, test decks, certified results of accuracy tests, and other related material in a ballot container, which must be sealed with an approved seal in a manner so that the container cannot be opened without breaking the seal. The certificate must be attached to the container and describe the contents and record the number of the seal. The certificate must be signed by the members of the board of election inspectors. (2) The clerk in charge of the election shall secure the container containing the programs, test deck, accuracy test results, and other related materials until 30 days following the certification of the election if a recount has not been requested or until a date prescribed by the secretary of state. (3) Ballots used at an election that is not a state or federal election may be destroyed after 30 days following the final determination of the board of canvassers with respect to the election, unless the destruction has been stayed by an order of a court or the secretary of state. Ballots must not be released for examination, review, or research unless prior approval is obtained by the board of state canvassers. (4) Ballots used at an election that is a state or federal election may be destroyed after 22 months following the final determination of the board of canvassers with respect to the election, unless the destruction has been stayed by an order of a court or the secretary of state. Ballots must not be released for examination, review, or research unless prior approval is obtained by the board of state canvassers.

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.