(1) After unofficial results are available to the public in a nonfederal election, but before the official canvass by the county board of canvassers, the board of county commissioners may request a random-sample audit of vote-counting machines.
(2) The random-sample audit may not include a ballot that a vote-counting machine was unable to process and that was not resolved pursuant to 13-15-206 because the ballot:
(a) appeared to have at least one overvote;
(b) appeared to be blank;
(c) was in a condition that prevented its processing by a vote-counting machine; or
(d) contained a mark, error, or omission that prevented its processing by a vote-counting machine.
(3) On or before May 1, 2024, the secretary of state shall adopt rules to implement the provisions of this section, including but not limited to rules for:
(a) the manner in which the random-sample audit of vote-counting machines will be conducted;
(b) the process to be used for selecting precincts, races, and ballot issues for the random-sample audit; and
(c) the process to be used to select the ballots that are to be included in the random-sample audit.