Following each primary and general election held in even-numbered years, Ohio law requires each Board of Elections to audit election results. Ohio Rev. Code. Ann. § 3505.331(A). Boards of Elections can choose from among several audit methods outlined by law, but the Secretary of State recommends the use of risk limiting auditing. “Post-Election Activities” at 343; Ohio Rev. Code. Ann. § 3505.331(B)(3). Audits take place between six and 21 days after the Board of Elections declares the official results of an election. Ohio Rev. Code. Ann. § 3505.331(A).
The Board of Elections in each county conducts a post-election audit. Ohio Rev. Code. Ann. § 3505.331(A).
The Secretary of State prescribes procedures for the audit process that the Boards of Elections must follow. Ohio Rev. Code. Ann. § 3505.331(B).
Before meeting, the Board of Elections must make several decisions, starting with the date and place for the audit. “Post-Election Activities” at 341. The Board of Elections must begin the audit no earlier than six days after the Board of Elections declares the official election results, and must complete it no later than 21 days after the declaration of results. Ohio Rev. Code. Ann. § 3505.331(A). The Board of Elections must provide the public with notice of the time and place of the audit. “Post-Election Activities” at 340; Ohio Rev. Code. Ann. § 3505.331(C).
In addition, the Board of Elections must determine whether to conduct the audit by precinct, polling location, or individual voting machine (i.e., units to be audited). “Post-Election Activities” at 341. The Secretary of State recommends, but does not require, that the Board of Elections select the smallest available unit to be audited. “Post-Election Activities” at 341.
At the same time, the Board of Elections must randomly select a sufficient number of units to be audited. “Post-Election Activities” at 341. The number of units must contain a number of votes cast that equals at least 5% of the total number of votes cast in the county. “Post-Election Activities” at 341–42. The Board of Elections is not required to use any particular method of random selection. “Post-Election Activities” at 342*.* If it so chooses, the Board of Elections may audit a number of units containing greater than 5% of the total vote. “Post-Election Activities” at 342.
The Board of Elections must follow procedures prescribed by the Secretary of State, with certain legal requirements. Ohio Rev. Code. Ann. § 3505.331(B).
First, the Board of Elections must audit at least three contested races, questions, or issues, as directed by the Secretary of State. Ohio Rev. Code. Ann. § 3505.331(B)(1)(a). If there are fewer than three contests on the ballot, the Board of Elections must audit all of the contests. Ohio Rev. Code. Ann. § 3505.331(B)(1)(a). If the Board of Elections ordered an automatic recount of a contest, the recount is considered an audit for purposes of meeting this requirement. Ohio Rev. Code. Ann. § 3505.331(B)(1)(b).
Second, every ballot that was included in the canvass of the election return must be eligible to be audited. Ohio Rev. Code. Ann. § 3505.331(B)(2). This includes regular in-person ballots, absentee ballots, and provisional ballots. Ohio Rev. Code. Ann. § 3505.331(B)(2).
Lastly, Ohio law allows the Secretary of State to require the Board of Elections to use one of the protocols enumerated in the statute. Ohio Rev. Code. Ann. § 3505.331(B)(3). If the Secretary of State does not do so, each Board of Elections may choose one of the enumerated protocols. Ohio Rev. Code. Ann. § 3505.331(B)(3). The approved protocols include: (1) a risk limiting audit, using statistical methods; (2) a percentage based audit, using a hand count of randomly selected ballots; and (3) another protocol approved by the Secretary of State. Ohio Rev. Code. Ann. § 3505.331(B)(3). The Secretary of State’s guidance currently recommends that Boards of Elections use risk limiting audit protocol. “Post-Election Activities” at 343.
The audit is conducted by teams of election officials made up of an equal number of individuals from each major political party. “Post-Election Activities” at 343*.* An audit team compares the total number of votes cast in the contests being audited to the number of voters in the pollbook and notes any discrepancies. “Post-Election Activities” at 343*.* For each contest, the Board of Elections must physically examine and hand count the ballot and compare the hand count to the recorded electronic summary in the official certification of results. “Post-Election Activities” at 343*.* The Board of Elections must notify the Secretary of State in writing of any discrepancies. “Post-Election Activities” at 344.
If the Board of Elections uses a percentage based auditing method and the combined accuracy rate for the contest is less than the acceptable combined accuracy rate prescribed by the Secretary of State, the Secretary of State may require the Board of Elections to hand count all ballots cast in that contest. Ohio Rev. Code. Ann. § 3505.331(D)(2); “Post-Election Activities” at 344.