Defined by statute, a risk-limiting audit (RLA) is an audit of the election that “makes use of statistical principles and methods” that is “designed to limit the risk of certifying an incorrect election outcome.” Nev. Rev. Stat. § 293.394(3). Nevada has previously had a pilot program to implement risk-limiting audits that was extended to cover the 2022 primary and general election. [1]
Prior to certifying election results, each County Clerk must conduct a risk-limiting audit. Nev. Rev. Stat. § 293.394(2). After completing a risk-limiting audit, a County Clerk has 15 days to submit the results to the Secretary of State. Nev. Admin. Code § 293.485(1). After receiving the results from the County Clerks, the Secretary of State has 10 days to post the results on their website. Nev. Admin. Code § 293.485(2).
The Secretary of State is responsible for adopting regulations for conducting risk-limiting audits. Nev. Rev. Stat. § 293.394(1). Nevada law states that these regulations “may include, without limitation” procedures for counties to use in actually doing the audit, “[c]riteria for which elections must be audited” and “[c]riteria to determine the scope” of the audit. Nev. Rev. Stat. § 293.394(1).
The State of Nevada roughly follows the same regulations as set out in the 2022 elections, with newly adopted regulations coming into effect for 2024. The Secretary of State will randomly choose one statewide race and one countywide race to be audited. Nev. Admin. Code § 293.480(3)(b); Adopted Regulation R011-23 § 3(3)(a). To randomly select the races to be audited, the Secretary of State can choose any selection method they wish so long as each race has an equal chance of being selected. Adopted Regulation R011-23 § 3(3)(a). The Secretary of State will notify the County Clerks which races are selected for risk-limiting audit no later than 15 days before the election. Adopted Regulation R011-23 § 3(3)(a).
The Secretary of State will also provide a form to the County Clerks to create a ballot manifest that tracks the location of ballots and allows for the retrieval of ballots to conduct a risk-limiting audit. Adopted Regulation R011-23 § 3(4)(b).
The County Clerk may remove seals affixed to ballots in storage in order to conduct the risk-limiting audit. However, they must reseal the ballots in their original location once the audit is completed and maintain a record of the seals affixed to ballots that were used in the risk-limiting audit. Adopted Regulation R011-23 § 3(6).
The Secretary of State can choose from a ballot comparison method or ballot polling method or a hybrid of the two. Nev. Admin. Code § 293.480(7)(b); Adopted Regulation R011-23 § 3(7)(b). The risk limit for the audit must be set at 5%. Adopted Regulation R011-23 § 3(7)(a). For more information about these terms and how they are used in a risk-limiting audit, see our explainer. ****In the 2024 presidential preference primary, a ballot comparison method was used with a risk limit of 10%. “Certificate of Completion.”