Risk limiting audits (“RLAs”) are becoming increasingly popular and a standard part of post-election procedures in some states, like Georgia, where they first became mandatory for the 2020 November general election.
First used in elections in Colorado in 2017, the process is rooted in statistical principles, which is why RLAs are quickly becoming an election integrity best practice. In fact, they’re required in eight U.S. States (Colorado, Georgia, Nevada, New Mexico, Pennsylvania, Rhode Island, Texas, and Virginia), and more states and counties across the United States are exploring using this cost-effective, statistics-driven audit method. “50 State Post-Vote Guide.”
The RLA is conducted after counties have certified their returns, but prior to the statewide certification of election results. O.C.G.A. § 21-2-498(c)(1) (noting this occurs before the “final certification of the contest”). This year, that county deadline is Tuesday, November 12, and the RLA is scheduled to be conducted Thursday, November 14, through Friday, November 15, 2024. “2024 Ga. Elect'n Calendar” at 12. If issues were to arise during the RLA, the “hard stop” would be Friday, November 22, when the Secretary of State must certify the results statewide. “2024 Ga. Elect'n Calendar” **at 13.
In Georgia, the State Election Board adopts rules and regulations that set the requirements for Election Superintendents to comply with as they conduct RLAs. O.C.G.A. § 21-2-498(b). Some of these rules assign the Secretary of State the responsibility to issue instructions to Election Superintendents. Ga. Comp. R. & Regs. r. 183-1-15-.04(2)7. While other states tend to update this guidance at regular intervals, Georgia does not.
The State Election Board provides guardrails for conducting an RLA. The State Election Board requires that the audit teams must be composed of at least two individuals, instructs that the human-readable portion of the ballot is what is to be counted during a manual recount, and sets the risk limit within statutory limits. Ga. Comp. R. & Regs. rr. 183-1-15-.04(2)2, (2)4, and (1)1; O.C.G.A. § 21-2-498(a)(2) (setting the risk limit at 8% for 2024, 6% for 2026, and 5% or less for 2028 and beyond).
The Secretary of State provides more detailed instructions for Election Superintendents to conduct the RLA. The Secretary of State decides what race will be audited, when the audit will occur, and announces the seed number to be used for selecting which ballots are to be pulled for the random sampling. Ga. Comp. R. & Regs. r. 183-1-15-.04(1)3.
The Secretary of State provides the Election Superintendents with other details such as how to prepare a ballot manifest, and other instructions for conducting this specific audit (e.g., deadlines). Ga. Comp. R. & Regs. rr. 183-1-15-.04(1)2, (2)7. Finally, the Secretary of State serves as the central repository for the audit results from each of the counties. Ga. Comp. R. & Regs. r. 183-1-15-.04(2)6.
The actual counting of the ballots is managed at the county level by the Election Superintendent. In addition to ensuring chain of custody for every ballot, the Election Superintendent is also responsible for creating the Audit Teams, which consist of at least two individuals, that manually count the ballots. Ga. Comp. R. & Regs. rr. 183-1-15-.04(2)3, (2)2. Finally, the Election Superintendent must report the results of the audit to the Secretary of State. Ga. Comp. R. & Regs. r. 183-1-15-.04(2)6.
Election Superintendents are now required to conduct pre-certification RLAs following any type of election with a presidential, U.S. Senate, or statewide race. O.C.G.A. § 21-2-498(b). In such elections, the race at the top of the ballot will always be audited. O.C.G.A. § 21-2-498(a)(4)(A). If the election also includes a race for U.S. Senate, Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Supreme Court Justice, Judge of the Court of Appeals, or Public Service Commissioner, one those races that is not at the top of the ballot will be selected for an RLA. O.C.G.A. § 21-2-498(a)(4)(B). That race must be selected by 11 a.m. on the Thursday following the election by a majority vote of the Governor, Lieutenant Governor, Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. O.C.G.A. § 21-2-498(d). If a race cannot be selected by that deadline, the race will be selected by the chair of the State Election Board. O.C.G.A. § 21-2-498(d).
This year, each county will participate in the statewide RLA using a risk limit of no more than 8%. O.C.G.A. § 21-2-498(a)(2)(A). Counties use Audit Teams to conduct a hand recount of a sampling of ballots. O.C.G.A. § 21-2-498(b). The number of ballots in that sample is determined after election results are in (and the total number of votes cast and margin is known) based on a mathematical formula tied to the risk limit (which is the chance that the sampling of ballots is not representative of all ballots cast).
In order to determine the voter’s selection, for votes cast via voting machine, the Audit Team relies on the printed text on the ballot to determine the voter’s selection (rather than the QR code). If the ballots were marked by hand, the auditors rely on the choices indicated by the voter by filling in the oval adjacent to the candidate or question. Ga. Comp. R. & Regs. r. 183-1-15-.04(2)4.
For more information on risk-limiting audits, please see our Explainer.