Overview

The Voter Verifiable Paper Audit Trail (VVPAT) printer is an attachment to the voting machines used in Nevada that prints on paper the ballots that were cast on the voting machine. “Election Procedures Manual” at 11. This audit is conducted to make sure that “the paper record produced by a VVPAT accurately records all votes cast by voters on a mechanical recording device.” Nev. Admin. Code § 293.255(1).

Note that per a 2018 report from the Governor’s Finance Office Division of Internal Audits these audit rules only apply to jurisdictions that use VVPAT attachments. “Audit Report” at 12.

Not all counties use machines that have this kind of attachment, though all counties use machines that have a printed record of electronic votes. “Voting System.” Therefore, per this report, “post-election audits required by [the Nevada Administrative Code] are not enforceable in all jurisdictions and do not include all ballot categories.” “Audit Report” at 12.

When is the VVPAT Audit conducted?

The County Clerk must submit the results of the VVPAT audit within seven business days after an election. Nev. Admin. Code § 293.255(5).

Who Issues Regulations for the VVPAT Audit?

The Secretary of State promulgates regulations that instruct County Clerks on how to conduct a VVPAT audit. Nev. Admin. Code § 293.255. County Clerks may conduct this audit manually or may use a mechanical device. Nev. Admin. Code § 293.255(2). Should they choose to use a mechanical device to conduct the audit, that device must be approved by the Secretary of State. Nev. Admin. Code § 293.255(2).

How Is the VVPAT Audit Conducted?

The County Clerk must compare each vote cast on a voting device with the vote that was recorded on the Voter Verifiable Paper Audit Trail. Nev. Admin. Code § 293.255(2). The County Clerk can choose to do this manually or with an approved mechanical device. Nev. Admin. Code § 293.255(2). The size of the county determines how many voting devices must be audited and the number of discrepancies that warrants notice to the Secretary of State and investigation. Nev. Admin. Code § 293.255(3)-(4). Nevertheless, in practice “local election officials usually audit more units than required.” “Election Procedures Manual” at 68. The machines to be audited are chosen at random. Nev. Admin. Code § 293B.120(3)-(4). A discrepancy of four or more votes will trigger additional scrutiny. If this discrepancy cannot be resolved, then an additional number of random units must be selected to be audited. “Election Procedures Manual” at 68. No later than seven days after the election, the County Clerk must submit the results of the audit to the Secretary of State, including any discrepancies that occurred and explanations of the discrepancies. Nev. Admin. Code § 293.255(5).