State Audit Laws Searchable Database

State Audit Laws - Nevada

This information was updated in March 2014 and reviewed in March 2017.

State Summary:

Nevada's audit law, in effect since 2004, addresses all items on the ballot but the audit results do not lead to a full recount and the statutes do not stipulate whether the results are binding upon the official election results. Nevada's audit provisions are found in the Nevada Administrative Code §293.255 "Postelection certification audits of VVPATs.".

Transparency:

No statutory guidance allowing observers to verify ballot marks
No statutory requirement that audit results and data be made public
Statutes specify that audits must be conducted publicly

Nev. Admin. Code §293.255(6) states that any member of the public observing the post-election audit must not interfere with the counting. It does not specify if they may verify ballot marks, or if the date from the audit is to be made public.

Voting Systems Used:

DREs with VVPAT

Nevada uses touchscreen DREs with VVPAT statewide. For details visit the Nevada page on The Verifier.

Binding:

No statutory guidance whether audit results are binding on official results

Audit Comprehensiveness:

No statutory guidance for ballots counted by hand on election day to be included in audit
No statutory guidance for either early, absentee or provisional ballots

Nev. Admin. Code §293.255 mentions only VVPATs from the polling place, and does not include absentee or provisional ballots.

Additional Targeted Samples:

No statutory guidance for additional targeted samples

Contests and Issues Audited:

Every contest and ballot issue voted on the ballot is audited
Federal election contests audited
Local election contests audited
Statewide election contests audited

Each candidate and each measure must be audited. See Nev. Admin. Code §293.255(2)>.

Type of Audit Units:

Machines

The number of machines audited depends on the population of the county.  For counties with100,000 residents or more, 2% of voting machines "or not less than 20 mechanical recording devices, whichever is greater," must be audited. See Nev. Admin. Code §293.255(3). For counties with fewer than 100,000 residents, at least 3% of machines, or not less than four, must be audited, whichever is greater. See Nev. Admin. Code §293.255(4).

Counting Method:

Counting method chosen by election official

Counting may be done either by hand or "by a mechanical device determined by the Secretary of State." See <Nev. Admin. Code §293.255(2).

Oversight and Conduct of Audit:The Secretary of State oversees the audit but the random selection and the audit are conducted at the county level by county clerks. See Nev. Admin. Code §293.255.

Timeline for Audit: The results of the audit must be sent to the Secretary of State within seven working days after the election. See NAC Nev. Admin. Code §293.255(5).

Additional Resources:


Nevada Administrative Code-- Chapter 293--Elections
Nevada Revised Statutes - Title 24 - Elections
Nevada Secretary of State, Election Center
State of Nevada Recount and Contest Information 2014



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