§ 168.798Testing of electronic tabulating equipment; notice; method; sealing programs,

test materials, and ballots; rules; sealing memory device.
 Sec. 798.
    (1) Before beginning the count of ballots, the board of election commissioners shall test the
 electronic tabulating equipment to determine if the electronic tabulating equipment will
 accurately count the votes cast for all offices and on all questions. Public notice of the time
 and place of the test shall be given at least 48 hours before the test by publication in a
 newspaper published in the county, city, village, township, or school district where the
 electronic tabulating equipment is used. If a newspaper is not published in that county, city,
 village, township, or school district, the notice shall be given by publication in a newspaper of
 general circulation in that county, city, village, township, or school district. The test shall be
 conducted in the manner prescribed by rules promulgated by the secretary of state pursuant to
 the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being
 sections 24.201 to 24.328 of the Michigan Compiled Laws. In the test, a different number of
 valid votes shall be assigned to each candidate for an office, and for and against each question.
 If an error is detected, the board of election commissioners shall determine the cause of the
 error and correct the error. The board of election commissioners shall make an errorless count
 and shall certify the errorless count before the count is started. The electronic tabulating
 equipment that can be used for a purpose other than examining and counting votes shall pass
 the same test at the conclusion of the count before the election returns are approved as official.
    (2) On completion of the test and count, the programs, test materials, and ballots arranged
 by precincts shall be sealed and retained as provided by this subsection and rules promulgated
 by the secretary of state pursuant to Act No. 306 of the Public Acts of 1969. If the electronic
 tabulating equipment that is tested and certified to by the board of election commissioners will
 be used to count votes at the precinct, a memory device containing the tested programs, if any,
 shall be sealed into the electronic tabulating equipment. Upon completion and certification of
 the count of votes, the memory device containing the program and the vote totals shall remain
 sealed in the electronic tabulating equipment or, if removed from the electronic tabulating
 equipment, shall remain sealed in a container approved by the secretary of state, delivered to
 the clerk, and retained in the manner provided for other voted ballots.