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Reply #54: By law, NJ's audit must meet certain requirements that would require escalation: [View All]

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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-20-10 12:04 PM
Response to Reply #53
54. By law, NJ's audit must meet certain requirements that would require escalation:
Edited on Fri Aug-20-10 12:09 PM by Bill Bored
(1) Any procedure designed, adopted, and implemented by the audit team shall be
implemented to ensure with at least 99% statistical power that for each federal, gubernatorial
or other Statewide election held in the State, a 100% manual recount of the voter-verifiable
paper records would not alter the electoral outcome reported by the audit. For each election
held for State office, other than Governor and Lieutenant Governor, and for county and
municipal elections held in 100 or more election districts, any procedure designed, adopted,
and implemented by the audit team shall be implemented to ensure with at least 90%
statistical power that a 100% manual recount of the voter-verifiable paper records would not
alter the electoral outcome reported by the audit. Such procedures designed, adopted, and
implemented by the audit team to achieve statistical power shall be based upon scientifically
reasonable assumptions, with respect to each audited election, including but not limited to:
the possibility that within any election district up to 20% of the total votes cast may have
been counted for a candidate or ballot position other than the one intended by the voters; and
that the number of votes cast per election district will vary. Such procedures and
assumptions shall be published prior to any given election, and the public shall have the
opportunity to comment thereon.

(2) Any procedure designed, adopted, and implemented by the audit team for each county
and municipal election held in fewer than 100 election districts, but more than a single
election district, shall be conducted in at least two election districts.

(6) ...the audit team shall
have the authority to cause audits to be conducted of any election district or audit unit which
has not been randomly selected for auditing in which a majority of the audit team determines
from the un-audited election results, past election results, or other data that the votes are
likely to have been miscounted.

(9) If the Attorney General, based on a recommendation of a majority of the professional
audit team, determines that any of the hand-to-eye counts conducted under this section show
cause for concern about the accuracy of the results of any election in the State, or in a county
or a municipality, or with respect to a particular election, the independent audit team shall
oversee, supervise, and cause to be conducted hand-to-eye counts under this section in such
additional election districts or audit units as the Attorney General considers appropriate to
resolve any such concerns. The Attorney General shall issue previous to any election the
criteria to be employed to determine whether the hand-to-eye counts show concern about the
accuracy of the election results in order to trigger further hand-to-eye counts. Such criteria
shall be published prior to use in any given election, and the public shall have the
opportunity to comment thereon. Notwithstanding the requirements previously set forth in
this paragraph, additional hand-to-eye counts shall be conducted if in the initial audit
conducted pursuant to the procedures set forth in this subsection, any discrepancy or
discrepancies attributable to the electronic counting system would alter the vote share of any
candidate or ballot position by one tenth of one percent or more of the hand counted votes in
the sample. Under such circumstances, the audit of the election shall be expanded using the
same number of election districts and when possible, audit units, as the initial audit and shall
be conducted under the same procedures used to conduct the initial audit, provided, however,
that if the initial audit comprises more than one half the total number of election districts and
audit units in the election, the expanded audit shall be a full hand-to-eye count of the
remaining un-audited election districts and audit units. Further hand-to-eye counts shall be
conducted if any discrepancy or discrepancies attributable to the electronic counting system
detected by the initial or subsequent expanded audit indicates a substantial possibility that a
complete hand-to-eye recount would alter the outcome of the audited election.
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