State Summary

Nevada has two separate audit requirements in place. This entry provides detail on both, though for the purposes of categorization in the searchable database and the map of audit laws, we have relied on the state’s RLA provisions, unless otherwise noted. 

In 2020, Nevada began piloting the use of risk-limiting audits (RLAs); the state made RLAs a requirement after each election starting January 1, 2024. Statute and regulation do not specify guidance on RLA timing, audit escalation, or whether the audit may affect contest outcomes. Nev. Rev. Stat. § 293.394 and Nev. Admin. Code § 293.481. 

In 2026, Nevada implemented a “post-election certification audit of electronic tabulators” to replace the state’s previously held post-election certification audit of VVPATs after phasing out direct recording electronic (DRE) voting machines statewide. Nev. Admin. Code § 293.490.

Voting Systems Used

Nevada uses ballot marking devices (BMDs) for in-person voters. All registered voters receive a mail ballot, which is tabulated by batch-fed optical scanners. For the most current information please visit Verified Voting’s Verifier.

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

Audit Comprehensiveness

In-person early voting and election day ballots are subject to audit for the postelection certification audit of electronic tabulators; it does not include absentee or provisional ballots. Nev. Admin. Code § 293.490(3)–(4).

Nev. Admin. Code § 293.481.4(a) requires that “all accepted and tabulated ballots, including, without limitation, mail ballots, provisional ballots and ballots voted using a mechanical recording device” be included in the ballot manifest used for the risk-limiting audit. In effect, this means that all ballots are eligible to be audited as part of a risk-limiting audit; on this basis, we classify the audit as “all ballots subject to audit.”

Transparency

Any member of the public observing the post-election certification audit must not interfere with the counting. Nev. Admin. Code § 293.490(7). Statute and regulation do not specify whether the public may verify ballot marks, or if the date for the audit is to be made public. County clerks must transmit audit results to the secretary of state within nine days after the election but before the canvass; statute and regulation do not require public reporting of these results. Nev. Admin. Code § 293.490(6). 

The results of the risk-limiting audit must be posted on the secretary of state’s website within ten days of receipt from county clerks. Statute and regulation do not specify whether the risk-limiting audit is publicly observable. Nev. Admin. Code § 293.485(2). 

Audit Counting Method

The post-election certification audit is conducted either by hand or by machine. Nev. Admin. Code § 293.490(2). Risk-limiting audits are conducted by hand, so we consider Nevada to have a manual audit. Nev. Admin. Code § 293.481.(7)(b).

Type Of Audit Units

The post-election certification audit specifies an audit of tabulators: for counties with a population of 100,000 or more, ballots are selected from 2% of voting machines or at least 3 devices, whichever is greater; for counties with a population of less than 100,000, 2% or at least one device, whichever is greater. Nev. Admin. Code § 293.490(3)–(4).

The risk-limiting audit may be either a ballot comparison audit, a ballot polling audit, or a hybrid of the two audit methods. Nev. Admin. Code § 293.481.7(b). The ballot is treated as the audit unit for each of these methods.

Contests & Issues Audited

The post-election certification audit covers one state race (federal, state, or ballot measure), one county office or countywide measure, and one additional randomly selected race. Nev. Admin. Code § 293.490(3)–(4).

The RLA regulation requires auditing of one state or federal race randomly selected by the secretary of state and one county race randomly selected by each county’s clerk. Nev. Admin. Code § 293.481(3).

Addressing Discrepancies

If any discrepancy is discovered during the postelection certification audit, the county clerk must immediately notify the Secretary of State and investigate the cause of the discrepancy.  An explanation of any discrepancies found and their cause, if determined, must be reported to the secretary of state as part of the county’s audit results. Nev. Admin. Code § 293.490(5)–(6).

For the risk-limiting audit, Nev. Rev. Stat. § 293.394.3(b) requires an audit protocol “designed to limit the risk of certifying an incorrect election outcome.” However, the risk-limiting audit statute and regulations do not provide specific guidance on addressing discrepancies.

For recount laws, please visit our Recount Law Database.

Timeline

The results of the post-election certification audit must be sent to the secretary of state within nine working days after the election and before the canvass. Nev. Admin. Code § 293.490(6). 

Revisions to Nev. Rev. Stat. § 293.394.2 by Assembly Bill 192 in 2023 removed the requirement that RLAs  be completed prior to certification. Consequently, we categorize Nevada’s audit statute as not specifying when the audit must be completed. County clerks must submit the results of an RLA to the secretary of state within 15 days after its completion. Nev. Admin. Code § 293.485(1).

Binding On Official Outcomes

The post-election certification audit statute and regulations do not provide guidance on whether the audit is binding.

The risk-limiting audit statute requires the use of an audit protocol that is “designed to limit the risk of certifying an incorrect election outcome.” Nev. Rev. Stat. § 293.394.3(b). However, since the statute does not specify when the RLA must be completed, we consider there to be no statutory guidance as to whether the audit is binding.

Oversight & Conduct

The secretary of state adopts regulations on the procedures and scope of the audits, while county officials conduct the audits. Nev. Rev. Stat. § 293.394, Nev. Admin. Code § 293.481.

Ballot Protection

After the polls close, the election board must secure all voting machines from further voting, transfer ballots from voting machines to the required storage device, account for all ballots at the polling location, and seal the ballots for delivery to the central counting place. Nev. Rev. Statute § 293B.330. At least two members of the election board—ideally of different parties—then deliver the sealed container to a receiving center or to the central counting place, as directed by the county clerk. Nev. Rev. Stat. § 293B.335.1. The central ballot inspection board then continues with their respective procedures. See generally, Nev. Rev. Stat. § 293B.365.

County clerks remove the seals affixed pursuant to NRS 293.391.1 to retrieve the ballots used in a risk-limiting audit. After the RLA is completed, the county clerk must return the ballots to their original location and seal the ballots. County clerks are required to maintain a record of the seals affixed to the ballots used in the RLA. Nev. Admin. Code § 293.481(6).

Additional Targeted Samples

Statute and regulation do not provide for additional targeted samples in either audit.

Resources

Nev. Rev. Stat. § 293.247: Secretary of state to regulate elections
Nev. Rev. Stat. § 293.394: RLA statute
Nev. Admin. Code § 293.490: Post-election certification audit of electronic tabulators
Nev. Admin. Code § 293.481: RLA regulation

Last updated: September 24, 2026