Current through February 27, 2024
1. The provisions of this section apply on
and after January 1, 2024.
2. Each
county clerk must conduct a risk-limiting audit following each
election.
3. A risk-limiting audit
conducted pursuant to this section must audit the results of:
(a) One race for statewide office, if
applicable. The Secretary of State will randomly select one race for statewide
office to be audited at the election using a method determined by the Secretary
of State in which all races for statewide office on the ballot at the election
have an equal chance of being selected. The Secretary of State will notify each
county clerk which race for statewide office has been selected for the
risk-limiting audit at least 15 days before the date of the election.
(b) One race for countywide office, if
applicable. Each county clerk shall randomly select one race for countywide
office to be audited at the election using a method determined by the county
clerk in which all races for countywide office on the ballot at the election
have an equal chance of being selected. The county clerk must notify the
Secretary of State which race for countywide office has been selected for the
risk-limiting audit at least 15 days before the date of the
election.
4. Each county
clerk that conducts a risk-limiting audit pursuant to this section shall create
a ballot manifest using the form provided by the Secretary of State that:
(a) Tracks the location of all accepted and
tabulated ballots, including, without limitation, mail ballots, provisional
ballots and ballots voted using a mechanical recording device; and
(b) Allows for the retrieval of any such
ballot for purposes of conducting the risk-limiting audit.
5. As soon as possible after the completion
of counting ballots for the election, the county clerk must electronically
transmit the ballot manifest and record of votes cast in the election to the
Secretary of State using a secure file transfer protocol site.
6. For the purposes of conducting a
risk-limiting audit pursuant to this section, the county clerk may remove the
seals affixed pursuant to subsection 1 of
NRS
293.391 to retrieve the ballots used in the
audit. After the completion of a risk-limiting audit, the county clerk must
return the ballots to the original location and seal the ballots. The county
clerk shall maintain a record of the seals affixed to the ballots used in the
risk-limiting audit.
7. For the
purposes of conducting a risk-limiting audit pursuant to this section, the
Secretary of State:
(a) Will require the use
of risk-limiting audit software with the risk limit set at 5 percent;
and
(b) May designate one or more
of the following types of audit methods:
(1)
Ballot comparison;
(2) Ballot
polling; or
(3) A hybrid of ballot
comparison and ballot polling.
8. As used in this section:
(a) "Ballot comparison" means a technique
used in a risk-limiting audit in which the results of the ballot polling are
compared to the results of the mechanical voting system as set forth in the
record of votes cast on the system.
(b) "Ballot polling" means a technique used
in a risk-limiting audit in which individual paper ballots are randomly
selected and the ballot markings are examined and interpreted manually until
the sampling of selected paper ballots indicates a sufficient majority for the
reported winner of the election.
(c) "Countywide office" means an elected
county office whose candidates are voted upon in the election by the registered
voters of the entire county.
(d)
"Statewide office" means an elected state office whose candidates are voted
upon in the election by the registered voters of the entire
State.
Added
to NAC by Sec'y of State by
R011-23A,
eff. 9/18/2023
NRS
293.124,
293.247,
293.394
