User:Numbersinstitute/sandbox
Table of state audit rules[edit]
State[1][2][3] | Number of Contests Audited | Sample Size | Which Units Are Sampled? | Excluded from Audits | Method of Auditing Ballots | Do Audits Revise Election Outcomes? | Deadline, days after election day | Level of Discrepancy to Trigger Action | Action if Discrepancy | State Gets Report? | Law | Rules | 2020 Population, Millions |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
California | All | 1% | batches or precincts | Ballots tallied after election night (1/3 of ballots)[4] | Hand tally | No | Before finalize | No rules | Report[5] | Yes | Cal. Elec. Code §336.5, §15360 15365-15367 | No rules for 1%. RLA:2 CCR 7-2 | 40 |
Texas | 6-Sec. of State chooses 3 races & 3 ballot items | at least 1% or 3 | precincts | Paperless machines, which many counties use | Hand tally | Maybe | 21 | Any | Try to determine cause | Yes | Tex. Election Code Ann. §127.201 (Vernon 2015) | Election Advisory No. 2012-03 | 29 |
Florida | all by machine, or 1 by hand, randomly chosen by each county | 20%-100% by machine or 2% by hand | precincts | Tally with machines different from voting system or by hand | No | Before finalize | No rules | Report | Yes | Fla. Stat. Ann. §101.591 | 22 | ||
New York | All | 3% | machines | Tally with machines different from voting system or by hand | Yes | 15 | Any | Expand sample in stages to full recount. Just the affected office | Yes | N.Y. Election Law § 9-211 (McKinney 2015) | 9 N.Y. Comp. Rules & Regs. 6210.18 | 20 | |
Pennsylvania | All | lesser of 2% or 2,000 ballots | No rules | Hand tally | Maybe | Before finalize | No rules | Expand, starting 2022[6] | No | Pa. Cons. Stat. tit. 25 §3031.17 and Stein settlement[6] | Directive Concerning the Use, Implementation and Operation of Electronic Voting Systems | 13 | |
Illinois | All | 5% | precincts & machines | Tally with machines the optical ballots, which are common, others by hand or different machine from election | No | Before finalize | Any | Report | Yes | Il. Rev. Stat. ch. 10 §5/24A-15, 10 §5/24C-15 | 12.8 | ||
Ohio | 3-President or Governor, random state-wide, random county-wide | at least 5% of votes | machines, precincts or polling places | odd-numbered years | Hand tally | Yes | Before finalize | 0.5% (0.2% if winning margin under 1%) | Expand sample. Sec. of State may order full recount of county | Yes | Secretary of State Directive 2014-36,[3] 2015 Election Official Manual | settlement agreement in League of Women Voters, et al. v. Brunner, Case No. 3:05-CV-7309, US N.District of Ohio | 11.8 |
Georgia | 1-chosen by SOS, nonrandom | risk-limiting. | ballots | Hand tally | Yes | Before finalize | Statistical cutoffs | Investigate & decide | Yes | 10.7 | |||
North Carolina | 1-President or state-wide ballot item | statistician decides | precincts | Hand tally | Yes | Before finalize | Significant | Expand sample to whole county, all races | No | N.C. Gen. Stat. Ann. §163-182.1 | 10.4 | ||
Michigan | 1 statewide[7] | 5% | precincts | Hand tally | No | After finalize | No action | Training | Yes | 10.1 | |||
New Jersey | All federal & state offices. Atty.Gen. picks county & municipal contests | 2% | Batches | DRE (72% of in-person), provisional & emergency ballots, so audit is mostly of mailed ballots | Hand tally of paper ballots | Yes | December 4 | 0.1% | Double sample of batches. More if likely to correct outcome | Yes | N.J. Stat. Ann. §19:61-9 | 9.3 | |
Virginia | 2-President & Senator, or others selected by Sec of State[8] | risk-limiting | machines in at least random fifth of localities (all in 2020) | Primaries | Hand tally | No | After finalize | Any | Analyze | Yes | Code of VA 24.2-671.1 | 8.6 | |
Washington | 1-any contest on batches or precincts, 2 in RLA, or 3 on in-person machines | In most counties: 6 batches. Or county could choose 3 precincts, or 4% of in-person machines (rarely-used in all-mail state, or RLA | batches, machines, or precincts | Hand tally or machines different from the election machines | Maybe | Before finalize | Any | investigate & resolve | Yes | Wash. Rev. Code Ann. §29A.60.185, §29A.60.170 | 7.7 | ||
Arizona | 5-President, random federal, random state-wide, random legislative, ballot measure | at least 2% or 2 in person and 1% of mail & early | precincts | Provisionals and counties where a party refuses | Hand tally | Yes | Before finalize | Statistical committee chooses cutoffs | Expand sample, up to whole county, for affected office | Yes | Ariz. Rev. Stat. §16-602 | 7.2 | |
Massachusetts | 6-President, state and national Senator and Representative, random ballot question | 3% | precincts | Primaries & non-Presidential years | Hand tally | Maybe | 14 | Cast doubt on outcome | Sec. of State may expand audit | Yes | Mass. Gen. Law Ann. ch. 54 § 109A | 7.0 | |
Tennessee | 1-President or Governor in general | 1 to 5 | precincts | 59% lack paper ballots | Tally paper ballots with same method as election day, different optical scanner | No | Begins day after election day | 1% | Expand sample to 3% of precincts. Then no action, but audit is evidence in court | No | Tenn. Code Ann. § 2-20-103 | 6.9 | |
Indiana | All | up to 5% or 5 | precincts | 34% lack paper ballots. Elsewhere no audit unless requested by a party chair in county | If requested by party chair, hand tally paper ballots or use machine different from voting system | Yes | 12 | No rules | Correct errors | No | Indiana Code §3-12-5-14, §3-11-13-39 | 6.8 | |
Maryland | ? by hand, All on images | 1%-2% by hand, and 100% of images | precincts and all images | Hand tally sample, and independent machines re-tally all ballot images from election machines[9] | No | 120, after finalize | Any | Investigate and resolve | Yes | Code of Md. Regs. §33.08.05 | 6.18 | ||
Missouri | 5-state-wide candidate & ballot issue, legislator, judicial, county | 5% | precincts | Hand tally | Maybe | Before finalize | 0.50% | Investigate and resolve | Yes | 15 Mo. Code of State Regs. §30-10.110 | 6.15 | ||
Wisconsin | 4-President or Governor, and 3 random state contests | 5% | wards or other districts reporting results | Primaries and early, absentee, provisional | Hand tally | No | Before finalize | Any | If no explanation, get manufacturer to investigate | Yes | Wis. Stat. Ann. §7.08(6) | Wisconsin Elections Commission Voting Equipment Audits | 5.9 |
Colorado | All contests are checked, but sample is enough for only 2 contests: 1 statewide, 1 in each county (in primary: 1/party/county)[10][11] non-randomly chosen by Sec. of State | risk-limiting based on target contests, so may be too few for other contests | ballots | Hand-compare ballots to computer records, and SOS tally of computer records | Maybe | Before finalize | Statistical cutoffs | 100% hand tally of whichever of the 2 target contests has errors, not others | Yes | Colo. Rev. Stat. §1-7-515 | Colo. Sec. of State Election Rule 25 | 5.8 | |
Minnesota | 2-3-Governor & federal | 3% or at least 2-4 | precincts | Hand count | Hand tally | Yes | Before finalize | 0.5% or 2 votes | Expand samples for Governor & federal up to whole county, and if counties with 10% of state's ballots discover problems in a race, hand-count affected race statewide | Yes | Minn. Stat. Ann. §206.89 | 5.7 | |
South Carolina | 0 | No audit, though all voters have paper ballots | 5.1 | ||||||||||
Alabama | 0 | No audit, though state has paper ballots | 5.0 | ||||||||||
Louisiana | 0 | No audit, and state lacks paper ballots | 4.7 | ||||||||||
Kentucky | ? | 3% to 5% of ballots. Also process & eligibility audits in 6 counties by AG[12][13] | precincts & counties | Many counties using paperless machines for voters with disabilities, so those votes not audited | Hand tally paper ballots | Yes | Before finalize | No rules | No rules | Yes | Ky. Rev. Stat. §117.383(8), §15.243(3) | 4.5 | |
Oregon | 2-3: heaviest vote in each county, statewide office & ballot measure | 3% to 10% depending on margin of victory | precincts with 150 or more ballots | Small precincts | Hand tally, except small precincts | Yes in counties with discrepancies | Before finalize | 0.50% | Expand sample to whole county for that vote tally system, all races | Yes | Or. Rev. Stat. §254.529 | 4.2 | |
Oklahoma | 0 | No audit, though voters without disabilities have paper ballots; voters with disabilities do not | 4.0 | ||||||||||
Connecticut | 3-President or Governor and 2 other races; 20% of races in primaries and municipal ballots | 5% | voting districts | Early, absentee, provisional | Tally with machines or by hand | Maybe | Before finalize | 0.50% | Investigate and if needed recount county with mix of hand and machine counts | Yes | Conn. Gen. Stat. §9-320f | 3.6 | |
Utah | All | 1% | machines | Hand tally | No | Before finalize | Any | Record reasons | Yes | Election Policy Directive from the Office of the Lieutenant Governor | 3.27 | ||
Iowa | 1-President or Governor | 1 precinct per county[14] | precincts | Hand tally | No | After canvass | No rules | Report | Yes | HB 516, enacted in 2017 | 3.19 | ||
Nevada | All | 2% or 3% | machines | Tally with machines or by hand | No | 7 | No rules | No rules | Yes | Nev. Admin. Code 293.255, Nev. Rev. Stat. §293.247 | 3.10 | ||
Arkansas | 1-President[15] | 2-11 in each of 5 counties[15][16][17] | tabulation machines | Hand tally | No | 60 | No rules | No rules | Public | AR Code Arkansas Code §7-4-121 and uncodified section 5 in Act 888 | 3.01 | ||
Mississippi | 0 | No audit, and most counties lack paper ballots | 2.96 | ||||||||||
Kansas | 3-4 | 1% | precincts | Hand tally | Yes | Before finalize | No rules | resolve or expand | 2.94 | ||||
New Mexico | 3-4: federal, governor & closest statewide race | None in race with over 15% margin of victory, otherwise enough for 90% confidence | precincts | Hand tally | Yes | Before finalize | error over 90% of the margin of victory | Expand sample, up to whole state for affected office | Yes | N.M. Stat. Ann. §1-14-13.2 et seq. | 2.12 | ||
Nebraska | 3-nonrandom, 1 each federal, state, local | 2% | precincts | Hand tally if requested by Sec of State, method unclear | Maybe | No rule | Unclear | Report | Yes | 1.96 | |||
West Virginia | All | 3% | precincts | Hand tally | Yes | Before finalize | 1% or changed outcome | Expand sample to whole county, all races | No | W. Va. Code, §3-4A-28 | 2016 Best Practices Guide for Canvass and Recount | 1.84 | |
Idaho | 0 | No audit unless recount happens | Idaho Code §34-2313 | 1.79 | |||||||||
Hawaii | 3-state-wide, county-wide, district-wide | 10% | precincts | Hand tally | Yes | Before finalize | Any | Expand audit until staff are satisfied with results | Yes | Hawaii Rev. Stat. §16-42, Haw. Admin. Rules § 3-172-102 | 1.46 | ||
New Hampshire | 0 | No audit, though all voters have paper ballots | 1.38 | ||||||||||
Maine | 0 | No audit, though all voters have paper ballots. | 1.36 | ||||||||||
Rhode Island | Some, nonrandom | risk-limiting | Precinct, batch or ballot | Hand tally | Yes | Before finalize | Statistical cutoffs | Expand sample to full recount | Yes | R.I. Stat. Ann. §17-19-37.4 | 1.10 | ||
Montana | 4-random federal, state-wide, legislative, ballot measure | at least 5% or 1 | precincts | Hand tally | Yes in precincts audited | Before finalize | 0.5% or 5 votes | Expand sample but not full recount except in small counties with up to 7 precincts. Check machines with errors | Yes | Mont. Code Ann. §13-17-503 | 1.08 | ||
Delaware | All on half of sample, 1 statewide contest on half of sample | 2 machines per county, 3 districts in Wilmington | machines and districts | Hand tally | No | After finalize | 0.50% | further tests of same machine, sometimes another | Yes | 0.99 | |||
South Dakota | 0 | No audit, though all voters have paper ballots | 0.89 | ||||||||||
North Dakota | 0 | No audit, though all voters have paper ballots | 0.78 | ||||||||||
Alaska | All | 1 per House district, with at least 5% of district ballots, so about 600 registered voters | large precincts | Small precincts | Hand tally | Yes | Before finalize | 1% | Expand sample to whole district (1/40th of state), all races | Yes | Alaska Stat. §15.15.430 | 0.73 | |
District of Columbia | 4-random District-wide, 2-ward-wide, 1 any type | 5% | precincts & ballots | Hand count | Hand tally | Yes | Before finalize | 0.25% or 20% of margin of victory | Expand sample, up to whole county, for affected office | Yes | D.C. Code Ann. §1-1001.09a | 0.69 | |
Vermont | All | All in 6 towns | polling places | All but 6 towns | Sec.of State randomly picks 6 towns to re-scan & machine-tally all contests[18] Also rule to hand tally ballots which were hand tallied on election day. | No | 30 | Any | Investigate | Yes | 17 Vt. Stat. Ann. §2493, §2581 - §2588 | 0.64 | |
Wyoming | 0 | No audit, though all voters have paper ballots | 0.58 |
- ^ "Audit Law Database". Verified Voting. Retrieved 2020-11-17.
- ^ National Conference of State Legislatures. "Post-Election Audits". www.ncsl.org. Retrieved 2018-04-02.
- ^ US Census Bureau. "State Population Totals: 2010-2017". www.census.gov. Archived from the original on 2018-03-06. Retrieved 2018-04-02.
- ^ In 2018 California law changed to audit only ballots in the Semifinal Official Canvass, which covers election night. They exclude ballots arriving in the mail after election day, and counties may also exclude any of the earlier mailed and provisional ballots which they do not have time to count by election night. News story on the law, and the law itself, are below. Semifinal Official Canvass included 57% of ballots 3/3/2020 and 69% 11/3/2020. Each county could choose to audit one or more within-county contests on a statistical sample of all ballots, but would still need 1% tally of all other contests (ELEC 15365 - 15367)
- News story: Steinberg, Sean (2017-10-30). "New California Law Strikes Blow to Election Audits - WhoWhatWhy". WhoWhatWhy. Retrieved 2018-04-24.
- Law: "Bill Text - AB-840 Elections: vote by mail and provisional ballots". leginfo.legislature.ca.gov. 2017-10-15. Retrieved 2020-03-06.
- Definition of Semifinal Official Canvass: "California Elections Code 353.5". leginfo.legislature.ca.gov. 2008-01-01. Retrieved 2020-11-17.
- Ballot count day after 3/3/20: 5,518,805 https://web.archive.org/web/20200305070323/https://electionresults.sos.ca.gov/returns/status
- Ballot count at end: 9,687,076 https://web.archive.org/web/20200424171200/https://electionresults.sos.ca.gov/returns/status
- Ballot count day after 11/3/20 election: 12,296,360 https://web.archive.org/web/20201105171748/https://electionresults.sos.ca.gov/returns/status
- Ballot count at end:17,783,784 https://web.archive.org/web/20210110095403/https://electionresults.sos.ca.gov/returns/status
- Handtally reports through 2010: "County 1% Manual Tally Reports". California Secretary of State. Retrieved 2020-03-06.
- ^ "Los Angeles Post Election Manual Tally Audit Summary Information" (PDF). calvoter.org/issues/votingtech/manualcount.html. 2010-08-20. Retrieved 2018-04-24.
- ^ a b "Stein v. Cortes, No. 2:16-CV-6287-PD" (PDF). PAcounties.org. 2018-11-28.
- ^ "Michigan Legislature - Section 168.31a". www.legislature.mi.gov. Retrieved 2021-03-31.
- ^ Virginia State Bd of Elections (2021-03-31). "Risk-Limiting Audit Report" (PDF). Virginia Dept of Elections. Retrieved 2021-10-01.
- ^ Lamone, Linda (2016-12-22). "Joint Chairman's Report on the 2016 Post-Election Tabulation Audit" (PDF). Maryland State Board of Elections. Retrieved 2018-09-30.
- ^ Casias, Danny (2017-11-08). "Audited contests in each county for 2017 RLA (XLSX)". www.sos.state.co.us/pubs/elections/auditCenter.html. Retrieved 2018-04-15.
- ^ Cite error: The named reference
co1
was invoked but never defined (see the help page). - ^ "AG Beshear announces results of random General Election audit for voting irregularities, investigations". Northern Kentucky Tribune. Retrieved 2021-10-01.
- ^ Spears, Hailey (2020-11-18). "AG Daniel Cameron Randomly Selects Counties for Post-Election Audit". Spectrum News 1. Retrieved 2021-10-01.
- ^ Hanson, Ric (2020-11-12). "Post Election Audit results from Montgomery County". KJAN Radio Atlantic. Retrieved 2021-10-01.
- ^ a b "Post-Election Audit Report 2020 Pilot Program" (PDF). Arkansas State Bd of Election Commissioners. 2021-03-03. Retrieved 2021-10-01.
- ^ "2019 Act 888, Arkansas Senate Bill 524" (PDF). Arkansas Legislature. 2019-04-12. Retrieved 2021-10-01.
- ^ Ramlagan,, Nadia (2020-12-01). "Arkansas Begins 2020 Election-Audit Pilot Program". KASU. Retrieved 2021-10-01.
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: CS1 maint: extra punctuation (link) - ^ "Secretary of State Jim Condos to Conduct Election Audit". www.vermont.gov. 2016-11-22. Archived from the original on 2018-09-30. Retrieved 2018-09-30.