See also state report cards by others on audits
and other issues: 2020-Nov Brookings 2020-June Sightline 2020-May Vote at Home Institute 2008-2018 MIT Election Lab 2018
Center for American Progress 2008
Brennan, CommonCause & VerifiedVoting |
Election Audits
Tips on observing all steps in the election.
Only DC and Massachusetts let the public
see ballot markings during audit, to verify staff accuracy. Version 1/19/21, send corrections to admin@votewell.net
State |
Method of Auditing Ballots |
Number of Contests Audited |
Sample Size |
Do Audits Revise Election Outcomes? |
Level of Discrepancy to Trigger Action |
Action if Discrepancy |
State Gets Report? |
Law |
Rules |
Alabama
|
No
audit |
None |
|
|
|||||
Alaska
|
Hand
count, except small precincts |
All contests |
1 precinct per House district, with at
least 5% of district ballots, so about 600 registered voters |
Revise
outcomes |
1% |
Expand
sample to whole district (1/40th of state), all races |
State
gets report |
Alaska
Stat. §15.15.430 |
|
Arizona
|
Hand
count |
5-President, random federal, random
state-wide, random legislative, ballot measure |
at least 2% of precincts or 2 precincts |
Revise
outcomes |
Statistical
committee chooses cutoffs |
Expand
sample, up to whole county, for affected office |
State
gets report |
Ariz.
Rev. Stat. §16-602 |
|
Arkansas
|
No
audit |
None |
|
|
|||||
California
|
Hand
count, except no audit of ballots tallied after election day |
All contests |
1% of precincts or machines |
Not
revise outcomes |
No
rules |
Report |
State
gets report |
Cal. Elec.
Code §336.5, §15360 (West 2015) |
|
Colorado
|
Hand
count |
In each county: 1 contest in general
election, 1 per party in primary, non-randomly chosen by Sec. of
State |
risk-limiting. 5% of machines, in
sampled machines, 20% of ballots if machine has 1-500 ballots, otherwise
lesser of 5% or 500 ballots |
Maybe |
Statistical
cutoffs |
Investigate
+ decide |
State
gets report |
Colo.
Rev. Stat. §1-7-515 |
Colo.
Sec. of State Election Rule 25 |
Connecticut
|
Count
with machines or by hand |
3-President or Governor and 2 other
races; 20% of races in primaries and municipal ballots |
5% of voting districts |
Maybe |
0.50% |
Investigate
and if needed recount county with mix of hand and machine counts |
State
gets report |
Conn.
Gen. Stat. §9-320f |
|
Delaware
|
No
audit |
None |
|
|
|||||
District
of Columbia |
Hand
count |
4-random District-wide, 2-ward-wide, 1
any type |
5% of precincts + ballots |
Revise
outcomes |
0.25%
or 20% of margin of victory |
Expand
sample, up to whole county, for affected office |
State
gets report |
D.C.
Code Ann. §1-1001.09a |
|
Florida
|
Count
with machines, independent of election, or by hand |
all by machine, or 1 by hand, randomly
chosen by each county |
20%-100% of precincts by machine or 2%
by hand |
Not
revise outcomes |
No
rules |
Report
|
State
gets report |
Fla.
Stat. Ann. §101.591 |
|
Georgia
|
No
audit |
None |
|
|
|||||
Hawaii
|
Hand
count, except early and absentee ballots |
3-state-wide, county-wide,
district-wide |
10% of precincts |
Maybe |
Any |
Expand
audit until staff are satisfied with results |
State
gets report |
Hawaii
Rev. Stat. §16-42, Haw. Admin. Rules § 3-172-102 |
|
Idaho
|
No
audit |
None |
|
|
Idaho
Code §34-2313 |
||||
Illinois
|
Count
with machines the optical ballots, which are common, others by hand or
different machine from election |
All contests |
5% of precincts + machines |
Not
revise outcomes |
Any |
Report
|
State
gets report |
Il.
Rev. Stat. ch. 10 §5/24A-15, 10 §5/24C-15 |
|
Indiana
|
If
requested by party chair, hand count paper ballots or use machine different
from voting system, but many voters lack paper ballots |
All contests |
up to 5% of precincts or 5 precincts |
Revise
outcomes |
No
rules |
Correct
errors |
No |
Indiana
Code §3-12-5-14, §3-11-13-39 |
|
Iowa
|
Hand
count |
1-President or Governor |
? |
Not
revise outcomes |
No
rules |
Report
|
State
gets report |
HB
516, enacted in 2017 |
|
Kansas
|
No
audit, though most voters have paper ballots |
None |
|
|
|||||
Kentucky
|
Hand
count paper ballots, but many counties use paperless machines |
All contests |
3% to 5% of precincts |
Revise
outcomes |
No
rules |
Correct
errors |
State
gets report |
Ky.
Rev. Stat. §117.383 |
|
Louisiana
|
No
audit, and the state lacks paper ballots |
None |
|
|
|||||
Maine
|
No
audit, though all voters have paper ballots. |
None |
|
|
|||||
Maryland
|
Independent
machines re-count ballot images from election machines |
All contests |
100% |
Revise
outcomes |
Any |
Investigate
and resolve |
State
gets report |
Code
of Md. Regs. §33.08.05 |
|
Massachusetts
|
Hand
count |
6-President, state and national Senator
and Representative, random ballot question |
3% of precincts |
Maybe |
Cast
doubt on outcome |
Sec.
of State may expand audit |
State
gets report |
Mass.
Gen. Law Ann. ch. 54 § 109A |
|
Michigan
|
No
audit |
None |
|
|
|||||
Minnesota
|
Hand
count |
2-3-Governor + federal |
3% of precincts or at least 2-4
precincts |
Revise
outcomes |
0.5%
or 2 votes |
Expand
samples to whole county, and if counties with 10% of state's ballots discover
problems, hand-count affected race statewide |
State
gets report |
Minn.
Stat. Ann. §206.89 |
|
Mississippi
|
No
audit, and most counties lack paper ballots |
None |
|
|
|||||
Missouri
|
Hand
count |
5-state-wide candidate + ballot issue,
legislator, judicial, county |
5% of precincts |
Maybe |
0.50% |
Investigate
and resolve |
State
gets report |
15 Mo.
Code of State Regs. §30-10.110 |
|
Montana
|
Hand
count |
4-random federal, state-wide, legislative,
ballot measure |
at least 5% of precincts or 1 precinct |
Revise
outcomes |
0.5%
or 5 votes |
Expand
sample but not full recount except in small counties with up to 6 precincts.
Check machines with errors |
State
gets report |
Mont.
Code Ann. §13-17-503 |
|
Nebraska
|
If
requested by Sec of State, method unclear |
3 |
2% of precincts |
Maybe |
Unclear |
Report
|
State
gets report |
||
Nevada
|
Count
with machines or by hand |
All contests |
2% or 3% of machines |
Maybe |
No
rules |
No
rules |
State
gets report |
Nev. Admin.
Code 293.255, Nev. Rev. Stat. §293.247 |
|
New
Hampshire |
No
audit |
None |
|
|
|||||
New
Jersey |
No
audit, and many voters lack paper ballots |
None |
|
|
N.J.
Stat. Ann. §19:61-9 |
||||
New
Mexico |
Hand
count |
3-4: federal, governor + closest
statewide race |
none in race with over 15% margin of
victory, otherwise 4-165 precincts in whole state |
Revise
outcomes |
error
over 90% of the margin of victory |
Expand
sample, up to whole state for affected office |
State
gets report |
N.M.
Stat. Ann. §1-14-13.2 et seq. |
|
New
York |
Count
with machines different from voting system or by hand |
All contests |
3% of machines |
Revise
outcomes |
Any |
Expand
sample in stages to full recount. Unclear if just the affected office |
State
gets report |
N.Y.
Election Law § 9-211 (McKinney 2015) |
9 N.Y.
Comp. Rules & Regs. 6210.18 |
North
Carolina |
Hand
count |
1-President or state-wide ballot item |
statistician decides |
Revise
outcomes |
"Significant" |
Expand
sample to whole county, all races |
No |
N.C.
Gen. Stat. Ann. §163-182.1 |
|
North
Dakota |
No
audit |
None |
|
|
|||||
Ohio
|
Hand
count |
3-President, random state-wide, random county-wide,
in general elections in even-numbered years |
machines, precincts or polling places withat least 5% of votes |
Revise
outcomes |
0.5%
(0.2% if margin under 1%) |
Expand
sample. Sec. of State may order full recount of county |
State
gets report |
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 |
Oklahoma
|
No
audit, though voters without disabilities have paper ballots; voters with
disabilities do not |
None |
|
|
|||||
Oregon
|
Hand
count, except small precincts |
2-3-heaviest vote in each county,
statewide office + ballot measure |
3% to 10% of big precincts (150+ votes)
depending on margin of victory |
Revise
outcomes |
0.50% |
Expand
sample to whole county for that vote tally system, all races |
State
gets report |
Or.
Rev. Stat. §254.529 |
|
Pennsylvania
|
Hand
count |
All contests |
lesser of 2% or 2,000 ballots |
Maybe |
No
rules |
No
rules |
No |
Pa.
Cons. Stat. tit. 25 §3031.17 |
Directive Concerning the Use, Implementation and Operation of
Electronic Voting Systems |
Rhode
Island |
Hand
count |
Some |
risk-limiting |
Revise
outcomes |
Statistical
cutoffs |
Expand
sample to full recount |
Rules
not yet published |
R.I.
Stat. Ann. §17-19-37.4 |
|
South
Carolina |
No
audit |
None |
|
|
|||||
South
Dakota |
No
audit |
None |
|
|
|||||
Tennessee
|
Count
paper ballots with same method as election day, different optical scanner,
but many voters lack paper ballots |
1-President or Governor in general |
1 to 5 precincts |
Not
revise outcomes |
1% |
Expand
sample to 3% of precincts. Then no action, but audit is evidence in court |
No |
Tenn.
Code Ann. § 2-20-103 |
|
Texas
|
No
audit on paperless machines, which many counties use, hand count otherwise |
6-Sec. of State chooses 3 races + 3
ballot items |
at least 1% of precincts or 3
precincts, not paperless machines |
Maybe |
Any |
Determine
cause |
State
gets report |
Tex.
Election Code Ann. §127.201 (Vernon 2015) |
Election
Advisory No. 2012-03 |
Utah
|
Hand
count |
All contests |
1% of machines |
Not
revise outcomes |
Any |
Record
reasons |
State
gets report |
Election
Policy Directive from the Office of the Lieutenant Governor |
|
Vermont
|
Each
town counts with same method as election day, optical scan or hand count. Sec.of State randomly picks 6 towns to scan &
machine-count all contests[38]
|
Unknown by county. All by Sec.of State |
? |
Not
revise outcomes |
Any |
Investigate
|
State
gets report |
17 Vt.
Stat. Ann. §2493, §2581 - §2588 |
|
Virginia
|
Hand
count, except early and absentee ballots |
Some |
risk-limiting |
Not
revise outcomes |
Any |
Analyze
|
State
gets report |
Code
of VA 24.2-671.1 |
|
Washington
|
If
parties agree or county auditor requires, then hand count sample of mail
ballots, which are the vast majority |
1 |
up to 3 precincts or 6 batches |
Maybe |
Any |
investigate
+ resolve |
State
gets report |
Wash.
Rev. Code Ann. §29A.60.185, §29A.60.170 |
|
West
Virginia |
Hand
count |
All contests |
3% of precincts |
Revise
outcomes |
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 |
Wisconsin
|
Hand
count, except early and absentee ballots |
4-President or Governor, and 3 random
state contests, only in general |
100 wards in whole state |
Not
revise outcomes |
Any |
If no
explanation, get manufacturer to investigate |
State
gets report |
Wis.
Stat. Ann. §7.08(6) |
Wisconsin
Elections Commission Voting Equipment Audits |
Wyoming
|
No
audit |
None |
|
|
Sources:
https://www.verifiedvoting.org/state-audit-laws/ (temporarily offline)
http://www.ncsl.org/research/elections-and-campaigns/post-election-audits635926066.aspx#state
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB840