Nebraska

NebraskaAudit Laws

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State Summary

A post-election audit is not required by a statute, but may be conducted at the discretion of the Secretary of State. Nebraska secretary of state website. According to a 2022 press release, in 2022, the Nebraska secretary of state increased the percentage of precincts audited to 10% from between 2 and 2.5%, with a minimum of one precinct audited in each county.

Unless otherwise specified, references are to the Nebraska secretary of state website.

Voting Systems Used

Nebraska uses hand-marked paper ballots and optical scanners in polling places statewide, with ballot marking devices for accessibility. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation on the types of voting equipment used, click here.

Audit Comprehensiveness

A post-election audit is not required by a statute, but may be conducted at the discretion of the secretary of state. Typically, between 2-2.5% of precincts are randomly selected for audit, though 10% of precincts were audited in 2022, with a minimum of one precinct per county. Nebraska’s 2022 General Election Recap. The audit includes one each of federal, statewide, and local races. There is no guidance on what ballot types are included in the audit.

Transparency

A post-election audit is not required by a statute, but may be conducted at the discretion of the secretary of state. No further guidance is provided regarding whether the audit is open to the public when conducted.

Audit Counting Method

A post-election audit is not required by statute, but may be conducted at the discretion of the Secretary of State. Ballots are hand counted during the audit. Nebraska’s 2022 General Election Recap.

Type Of Audit Units

A post-election audit is not required by statute, but a random audit of precincts may be conducted at the discretion of the secretary of state.

Contests & Issues Audited

A post-election audit is not required by statute, but may be conducted at the discretion of the secretary of state. When conducted, the audit includes one each of federal, statewide and local races.

Addressing Discrepancies

A post-election audit is not required by a statute, but may be conducted at the discretion of the secretary of state. Any discrepancies are checked and noted in a report provided to the secretary of state’s office.

For recount laws, please visit our Recount Law Database.

Timeline

There is no guidance on the audit timeline.

Binding On Official Outcomes

A post-election audit is not required by statute, but may be conducted at the discretion of the secretary of state. There is no mechanism for the audit to affect totals or outcomes.

Oversight & Conduct

The secretary of state oversees the audit.

Ballot Protection

The election commissioners or county clerk shall develop a plan to ensure accountability and security of records, ballots, and equipment. Per the Secretary of State’s website, all paper ballots are secured after each election by the county election official, and as mandated in state law, retained for 22 months. For more information, see Neb. Rev. Stat. § 32-1010 to § 32-1013.

Additional Targeted Samples

A post-election audit is not required by a statute, but may be conducted at the discretion of the secretary of state.

Resources

Nebraska secretary of state website: Audit provisions

Nebraska’s 2022 General Election Recap

Neb. Rev. Stat. §§ 32-10101013: Ballot protection

 

Last reviewed: November 4, 2024

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