Nevada Administrative Code › Chapter 293 - Elections › VOTING AT POLLS › Section 293.255 - Postelection certification audits of VVPATs

Current through June 11, 2024
1.
			 After each election, a county clerk shall conduct a postelection certification
			 audit of VVPATs randomly selected pursuant to subsection 3 or 4, as applicable,
			 to ensure that the paper record produced by a VVPAT accurately records all
			 votes cast by voters on a mechanical recording device.
2. A county clerk must conduct a postelection
			 certification audit of a VVPAT by comparing each vote cast for each candidate
			 and on each measure which was electronically recorded on the mechanical
			 recording device to each vote cast for each candidate and on each measure which
			 was recorded on the attached VVPAT. Such comparison may be conducted manually
			 or by a mechanical device determined by the Secretary of State to be capable of
			 accurately reading the votes cast and printed and otherwise qualified for use
			 in the State pursuant to applicable state and federal law.
3. The county clerk of a county whose
			 population is 100,000 or more must randomly select a number of mechanical
			 recording devices equal to 2 percent of the number of mechanical recording
			 devices with attached VVPATs used in the election, or not less than 20
			 mechanical recording devices, whichever is greater, for the postelection
			 certification audit. From each such mechanical recording device, the county
			 clerk must select a vote to compare at random. If a discrepancy of four or more
			 votes is discovered during the postelection certification audit, the county
			 clerk must immediately notify the Secretary of State and investigate the cause
			 of the discrepancy. If the discrepancy cannot be resolved, the county clerk
			 must randomly select an additional number of mechanical recording devices equal
			 to 2 percent of the number of mechanical recording devices with attached VVPATs
			 used in the election, or not less than 20 mechanical recording devices,
			 whichever is greater, for the postelection certification audit. From each such
			 mechanical recording device, the county clerk must select a vote to compare at
			 random.
4. The county clerk of a
			 county whose population is less than 100,000 must randomly select a number of
			 mechanical recording devices equal to 3 percent of the number of mechanical
			 recording devices with attached VVPATs used in the election, or not less than
			 four mechanical recording devices, whichever is greater, for the postelection
			 certification audit. From each such mechanical recording device, the county
			 clerk must select a vote to compare at random. If a discrepancy of four or more
			 votes is discovered during the postelection certification audit, the county
			 clerk must immediately notify the Secretary of State and investigate the cause
			 of the discrepancy. If the discrepancy cannot be resolved, the county clerk
			 must randomly select an additional number of mechanical recording devices equal
			 to 3 percent of the number of mechanical recording devices with attached VVPATs
			 used in the election, or not less than four mechanical recording devices,
			 whichever is greater, for the postelection certification audit. From each such
			 additional mechanical recording device, the county clerk must select a vote to
			 compare at random.
5. The county
			 clerk shall transmit the results of the audit to the Secretary of State within
			 9 days after the date of the election but before the canvass. The results of
			 the audit must include, without limitation, an explanation of any discrepancy
			 discovered by the county clerk during the audit and, if determined, an
			 explanation of what caused the discrepancy to occur.
6. Any member of the public who observes the
			 postelection certification audit shall not interfere with the conduct of the
			 audit.
Added to NAC by Sec'y of
				State by R072-06, eff. 7-14-2006; A by
				R109-21A,
				eff. 2/28/2022; A by
				R011-23A,
				eff. 9/18/2023
NRS 293.124,
				  293.247