<section article="gel" article_name="Election Law" number="11-101" title_number="11" title_name="Canvassing" subtitle_number="1" subtitle_name="Definitions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board of canvassers” means the local board of elections in a county after the local board organizes itself for the purpose of canvassing the vote for an election in that county.</text> </level> <level label="c"> <level label="1"> <text>“Canvass” means the entire process of vote tallying, vote tabulation, and vote verification, culminating in the production and certification of the official election results.</text> </level> <level label="2"> <text>For absentee ballots, the “canvass” includes the opening of any envelope accompanying an absentee ballot and the assembly and review of absentee ballots in preparation for vote tallying.</text> </level> <level label="3"> <text>For provisional ballots, the “canvass” includes the review of the provisional ballot applications described in § 11–303 of this title and the assembly and review of provisional ballots in preparation for vote tallying.</text> </level> <level label="4"> <text>For votes cast during early voting, the “canvass” includes the vote tabulation of votes cast during early voting.</text> </level> <level label="5"> <text>For votes cast in a special election conducted by mail under Title 9, Subtitle 5 of this article, the “canvass” includes:</text> <level label="i"> <text>the opening of any envelope accompanying a vote–by–mail ballot and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; and</text> </level> <level label="ii"> <text>the tabulation of vote–by–mail ballots.</text> </level> </level> </level> <level label="d"> <text>“Counting center” means one or more central locations designated by a local board to conduct the canvass.</text> </level> <level label="e"> <text>“Removable data storage device” means a read–only memory device that is programmed to record votes as they are cast on an electronic voting system.</text> </level> <level label="f"> <level label="1"> <text>“Unofficial returns” means vote totals reported on election night after the polls close.</text> </level> <level label="2"> <text>“Unofficial returns” does not include the provisional ballot count.</text> </level> </level> <level label="g"> <text>“Vote tabulation” or “vote counting” means the aggregation of the votes cast by individual voters to produce vote totals at any level.</text> </level> <level label="h"> <text>“Vote tallying” means the recording of votes cast by individual voters on a certified voting system.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-201" title_number="11" title_name="Canvassing" subtitle_number="2" subtitle_name="Closing the Polls"> <text>The State Board shall adopt regulations consistent with the provisions of this title governing the canvass.</text> </section> <section article="gel" article_name="Election Law" number="11-202" title_number="11" title_name="Canvassing" subtitle_number="2" subtitle_name="Closing the Polls"> <level label="a"> <level label="1"> <text>Each qualified voter present at the polls at 8 p.m. on election day shall be allowed to vote before the election judges commence their duties under this section.</text> </level> <level label="2"> <text>In accordance with the provisions of this article and regulations adopted by the State Board, after the last voter has voted in an election, the election judges shall follow the instructions issued by the election director for closing the polls and for performing the tasks required in the postclosing period.</text> </level> </level> <level label="b"> <text>In accordance with this section, the election judges shall:</text> <level label="1"> <text>secure the voting system to prevent further voting;</text> </level> <level label="2"> <text>if appropriate to the voting system, record the vote, produce vote totals for the polling place, and announce results to those present;</text> </level> <level label="3"> <text>complete all documents, records, and reports required by law or regulation after the closing of the polls;</text> </level> <level label="4"> <text>perform any other tasks assigned by the election director;</text> </level> <level label="5"> <text>assemble and account for materials to be returned to the local board, including, if applicable for the voting system used in that election:</text> <level label="i"> <text>removable data storage devices from voting equipment;</text> </level> <level label="ii"> <text>voted ballots;</text> </level> <level label="iii"> <text>precinct registers;</text> </level> <level label="iv"> <text>voting authority cards;</text> </level> <level label="v"> <text>signs and posters;</text> </level> <level label="vi"> <text>records, reports, logs, affidavits, certificates, and other documents;</text> </level> <level label="vii"> <text>keys to voting devices;</text> </level> <level label="viii"> <text>poll books; and</text> </level> <level label="ix"> <text>any other materials specified by the election director;</text> </level> </level> <level label="6"> <text>assure that equipment and materials left in the polling place for retrieval at a later time are stored in a secure manner; and</text> </level> <level label="7"> <text>deliver materials and equipment to the local board and obtain receipts from the board certifying the delivery of the items.</text> </level> </level> <level label="c"> <text>Judges may be observed, while performing their duties under this section, until they have finished their work and leave the premises by:</text> <level label="1"> <text>authorized challengers, watchers, and observers in accordance with § 10-311 of this article;</text> </level> <level label="2"> <text>any candidate; and</text> </level> <level label="3"> <text>any other person lawfully present.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-301" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <level label="a"> <text>A board of canvassers shall:</text> <level label="1"> <text>convene at the designated counting center for that county on or before the day of the election, but not later than 5 p.m. on that day, and be sworn in; and</text> </level> <level label="2"> <text>meet only in public session.</text> </level> </level> <level label="a–1"> <level label="1"> <text>Subject to paragraph (3) of this subsection, a board of canvassers and the staff of a local board may be observed as they complete each part of the canvass by authorized observers designated under paragraph (2) of this subsection and any other individuals who wish to be present.</text> </level> <level label="2"> <text>The following persons have the right to designate a registered voter as an observer at each counting center:</text> <level label="i"> <text>a candidate for any county where the candidate is included on the ballot;</text> </level> <level label="ii"> <text>a political party;</text> </level> <level label="iii"> <text>a political committee; and</text> </level> <level label="iv"> <text>a person required to file reports under § 13–306 or § 13–307 of this article.</text> </level> </level> <level label="3"> <text>The State Board may adopt regulations prohibiting public observation of a part of the canvass only if prohibiting public observation is necessary to ensure:</text> <level label="i"> <text>the integrity or accuracy of the canvass; or</text> </level> <level label="ii"> <text>that the canvass process is not impeded.</text> </level> </level> <level label="4"> <text>The State Board shall ensure that the requirements of this subsection are implemented uniformly and consistently by each local board.</text> </level> </level> <level label="b"> <text>Each board of canvassers shall elect by majority vote a chairman and secretary from among its members.</text> </level> <level label="c"> <text>Each member of the board of canvassers shall take an oath, administered and recorded by the clerk of the circuit court, to canvass and declare the votes cast truthfully and to perform other duties required by law.</text> </level> <level label="d"> <level label="1"> <text>At the first meeting of the board of canvassers for the purpose of canvassing, a majority of the whole board of canvassers shall be a quorum.</text> </level> <level label="2"> <text>If a quorum is not present, the members present shall adjourn until the next day.</text> </level> </level> <level label="e"> <text>Except as otherwise provided in this article, all decisions shall be reached by a majority vote of the members present.</text> </level> <level label="f"> <text>In Montgomery County and Prince George’s County, if a member is not present at the scheduled time for vote canvassing, a substitute member of the board of canvassers may be sworn in.</text> </level> <level label="g"> <text>At least one member of the board of canvassers present shall be a registered voter of the principal minority party.</text> </level> <level label="h"> <text>Once the board has satisfied the requirements of subsections (a) through (g) of this section, it may proceed with the canvass in accordance with the regulations of the State Board.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-302" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <level label="a"> <level label="1"> <text>Each local board shall meet at its designated counting center to canvass the absentee ballots cast in that election in accordance with the regulations and guidelines established by the State Board.</text> </level> <level label="2"> <text>Promptly after receipt of an absentee ballot, a local board shall review the ballot envelope or ballot/return envelope for the omission of the voter’s signature on the oath.</text> </level> <level label="3"> <text>A local board shall record the receipt of an absentee ballot in the statewide voter registration system and make the information available through the free access system established under COMAR 33.11.06.03 as soon as practicable, but not later than:</text> <level label="i"> <text>2 business days after receipt of an absentee ballot provided by mail; or</text> </level> <level label="ii"> <text>4 business days after receipt of an absentee ballot provided through the Internet or by facsimile transmission.</text> </level> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph and subject to paragraph (4) of this subsection, a local board shall begin processing absentee ballots on the day that is 8 business days before the first day of early voting.</text> </level> <level label="ii"> <text>The State Administrator may grant a waiver to a local board from the requirement under subparagraph (i) of this paragraph if the local board seeks a determination by the State Administrator that early canvassing is not:</text> <level label="1"> <text>necessary due to the low number of absentee ballots received by the local board; or</text> </level> <level label="2"> <text>practicable due to limited resources or other constraints on the local board.</text> </level> </level> </level> <level label="2"> <text>A local board may not delay the commencement of the canvass to await the receipt of late–arriving, timely absentee ballots.</text> </level> <level label="3"> <text>A local board may conduct vote tallying when absentee ballots are processed under paragraph (1)(i) of this subsection.</text> </level> <level label="4"> <level label="i"> <text>A local board or an employee of a local board may not conduct absentee ballot vote tabulation before the polls open on election day.</text> </level> <level label="ii"> <text>A local board may not release absentee ballot vote totals before the polls close on election day.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>An absentee ballot shall be deemed timely received if it is received in accordance with the regulations and guidelines established by the State Board.</text> </level> <level label="2"> <text>An absentee ballot that is received after the deadline specified by the regulations and guidelines may not be counted.</text> </level> </level> <level label="d"> <level label="1"> <text>The State Board shall adopt regulations that reflect the policy that the clarity of the intent of the voter is the overriding consideration in determining the validity of an absentee ballot or the vote cast in a particular contest.</text> </level> <level label="2"> <text>Subject to § 11–303.2 of this subtitle, a local board may not reject an absentee ballot except by unanimous vote and in accordance with regulations of the State Board.</text> </level> <level label="3"> <text>The local board shall reject an absentee ballot if:</text> <level label="i"> <text>the voter failed to sign the oath on the ballot envelope or ballot/return envelope and failed to correct the omission before 10 a.m. on the day that is 10 days after election day;</text> </level> <level label="ii"> <text>the local board received more than one ballot from the same individual for the same election in the same ballot envelope; or</text> </level> <level label="iii"> <text>the local board determines that an absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.</text> </level> </level> <level label="4"> <level label="i"> <text>The State Board shall adopt regulations requiring a local board:</text> <level label="1"> <text>as soon as practicable but not later than 3 business days after the date on which it was determined that a voter failed to sign the oath on the ballot envelope or ballot/return envelope, to notify the voter of the failure; and</text> </level> <level label="2"> <text>to provide the voter an opportunity to correct the omission and have the ballot counted.</text> </level> </level> <level label="ii"> <text>The regulations under this paragraph shall allow a voter:</text> <level label="1"> <text>to supply a signature to the local board through a digital picture message sent by mobile telephone or e–mail if the voter failed to sign the oath on the ballot envelope or ballot/return envelope; and</text> </level> <level label="2"> <text>to choose among multiple methods of communicating with the local board to correct the failure to sign the oath on the ballot envelope or ballot/return envelope, including:</text> </level> <level label="A"> <text>text message;</text> </level> <level label="B"> <text>e–mail;</text> </level> <level label="C"> <text>an accessible online portal;</text> </level> <level label="D"> <text>a mailed form; and</text> </level> <level label="E"> <text>an in–person visit to the local board office.</text> </level> </level> </level> <level label="5"> <text>If the intent of the voter is not clearly demonstrated, the local board shall reject only the vote for that office or question.</text> </level> <level label="6"> <text>If an absentee voter casts a vote for an individual who has ceased to be a candidate, the vote for that candidate may not be counted, but that vote does not invalidate the remainder of the ballot.</text> </level> </level> <level label="e"> <text>Beginning after the polls close on election day, at the end of each day of canvassing, a local board shall prepare and release a report of the unofficial returns of the absentee ballot vote tabulation.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-303" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <level label="a"> <text>Following an election, each local board shall meet at its designated counting center to canvass the provisional ballots cast in that election in accordance with the regulations and guidelines established by the State Board.</text> </level> <level label="b"> <text>A local board may not open an envelope of a provisional ballot until the local board has approved the provisional ballot application.</text> </level> <level label="c"> <text>The State Board shall adopt regulations to implement this section.</text> </level> <level label="d"> <level label="1"> <text>Subject to § 11–303.2 of this subtitle, a local board may not reject a provisional ballot except by unanimous vote and in accordance with regulations of the State Board.</text> </level> <level label="2"> <text>The local board shall reject a provisional ballot if:</text> <level label="i"> <text>pursuant to paragraph (4) of this subsection, the local board determines that the individual who cast the provisional ballot is not qualified to vote that provisional ballot;</text> </level> <level label="ii"> <text>the individual failed to sign the oath on the provisional ballot application; or</text> </level> <level label="iii"> <text>the local board determines that a provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.</text> </level> </level> <level label="3"> <text>If the intent of the voter with respect to a particular contest is not clearly demonstrated, the local board shall reject only the vote for that contest.</text> </level> <level label="4"> <text>For the purposes of this section, an individual is qualified to vote the provisional ballot cast if the local board determines that:</text> <level label="i"> <text>the individual is registered in the State;</text> </level> <level label="ii"> <text>if the provisional ballot was cast because the voter failed to provide required identification, the individual who cast the provisional ballot has met the identification requirements established by the State Board;</text> </level> <level label="iii"> <text>if the provisional ballot was cast during a period covered by a court order or other order extending the time for closing the polls, the order has not been invalidated by a subsequent court order; and</text> </level> <level label="iv"> <text>if the provisional ballot was cast because the voter claimed a different political party affiliation from the political party affiliation on record for the voter, the voter made a selection in a nonpartisan board of education contest on the ballot.</text> </level> </level> </level> <level label="e"> <text>A local board shall count:</text> <level label="1"> <text>the entire provisional ballot if the address on the provisional ballot application is within the precinct where the provisional ballot was cast;</text> </level> <level label="2"> <text>only the votes cast by the voter for each candidate or question applicable to the precinct in which the voter resides, as determined by the address on the provisional ballot application of the voter; or</text> </level> <level label="3"> <text>only the votes cast by the voter in a nonpartisan board of education contest if the voter cast a provisional ballot for a different political party from the political party affiliation on record for the voter.</text> </level> </level> <level label="f"> <level label="1"> <text>The State Board shall ensure the establishment of a system that any individual who casts a provisional ballot may access without cost to discover whether the ballot was counted and, if not counted, the reason it was not.</text> </level> <level label="2"> <text>The system established under paragraph (1) of this subsection shall ensure the confidentiality of the individual who accesses the system and the secrecy of each ballot.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-303.1" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <text>A ballot properly cast by a voter who dies before the ballot is canvassed shall be counted in full unless a law or regulation requires that the ballot be fully or partially rejected for a reason unrelated to the death of the voter. </text> </section> <section article="gel" article_name="Election Law" number="11-303.2" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <text>Subject to § 11–302(d)(3)(ii) of this subtitle, if a local board receives more than one ballot from the same individual, the local board shall:</text> <level label="1"> <text>count the first ballot from the individual that the local board determines is legally sufficient; and</text> </level> <level label="2"> <text>reject any other ballot.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-304" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <level label="a"> <text>A candidate or absentee voter aggrieved by the decision of a local board to reject, or not to reject, an absentee ballot shall have the right of appeal to the circuit court for the county.</text> </level> <level label="b"> <text>The appeal must be filed within 5 days from the date of the completion of the official canvass by the board of all the votes cast at the election.</text> </level> <level label="c"> <text>The appeal shall be heard de novo, without a jury, as soon as possible.</text> </level> <level label="d"> <level label="1"> <text>The decision of the circuit court may be appealed to the Appellate Court of Maryland, provided the appeal is taken within 48 hours from the entry of the decision of the circuit court.</text> </level> <level label="2"> <text>The appeal shall be heard and decided on the original papers, including a written transcript of the testimony taken in the case.</text> </level> <level label="3"> <text>The original papers and the transcript shall be transmitted to the Appellate Court of Maryland within 5 days from the taking of the appeal, and the appeal shall be heard as soon as possible.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-305" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <text>Any person who asserts that an election official has violated the provisions of this article relating to provisional ballots may file an administrative complaint under procedures established by the State Board.</text> </section> <section article="gel" article_name="Election Law" number="11-306" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <text>The person designated to maintain custody of the documents and records required under this title shall maintain and secure those items in accordance with the regulations adopted by the State Board.</text> </section> <section article="gel" article_name="Election Law" number="11-307" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <level label="a"> <text>If a board of canvassers determines following an election that there appears to be an error in the documents or records produced during the election, then it immediately shall, in consultation with the State Administrator, investigate the matter to ascertain whether the records or documents are correct.</text> </level> <level label="b"> <text>The board of canvassers may correct a document or record only in accordance with the regulations of the State Board.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-308" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <level label="a"> <text>Within 10 days after any election, and before certifying the results of the election, each board of canvassers shall verify the vote count in accordance with the regulations prescribed by the State Board for the voting system used in that election.</text> </level> <level label="b"> <text>Upon completion of the verification process, the members of the board of canvassers shall:</text> <level label="1"> <text>certify in writing that the election results are accurate and that the vote has been verified; and</text> </level> <level label="2"> <text>provide copies of the election results to the persons specified under § 11–401 of this title.</text> </level> </level> <level label="c"> <level label="1"> <text>If a member of a board of canvassers dissents from a determination of an election result or reasonably believes that the conduct of a local board member or local board proceeding was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and file with the local board a distinct written statement of the reasons for the dissent or concern.</text> </level> <level label="2"> <text>The State Administrator shall review the dissent and submit it to the Board of State Canvassers for a final determination.</text> </level> <level label="3"> <text>The State Board shall maintain a file of the final determination.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-309" title_number="11" title_name="Canvassing" subtitle_number="3" subtitle_name="Vote Canvassing by Local Board"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Automated software audit” means an audit of electronic images of ballots cast in an election using software that is independent of the voting system.</text> </level> <level label="3"> <text>“Electronic count” means the vote totals produced by the voting system.</text> </level> <level label="4"> <text>“Local contest” means a contest that:</text> <level label="i"> <text>is not a statewide contest; and</text> </level> <level label="ii"> <text>appears on the ballot in all or part of a county, including a contest to represent a district that includes more than one county.</text> </level> </level> <level label="5"> <text>“Manual count” means inspection of voter–verifiable paper records by hand and eye to obtain vote totals in a contest.</text> </level> <level label="6"> <text>“Risk limit” means the small, predetermined maximum chance that a risk–limiting audit will not require a full manual count of voter–verifiable paper records in an audited contest if a full manual count of the voter–verifiable paper records would find a different outcome than the outcome determined by the electronic count.</text> </level> <level label="7"> <text>“Risk–limiting audit” means a postelection audit procedure that employs statistical methods to ensure a large, predetermined minimum chance of requiring a full manual count of voter–verifiable paper records in an audited contest if a full manual count of the voter–verifiable paper records would find a different outcome than the outcome determined by the electronic count.</text> </level> <level label="8"> <text>“Voter–verifiable paper record” has the meaning stated in § 9–102 of this article.</text> </level> </level> <level label="b"> <level label="1"> <text>Following each statewide election, the State Board, in collaboration with each local board, shall audit the accuracy of the voting system’s tabulation of votes in each county by conducting a risk–limiting audit of:</text> <level label="i"> <text>at least one statewide contest; and</text> </level> <level label="ii"> <text>any other contests selected for audit by the State Board.</text> </level> </level> <level label="2"> <text>Following a special general election, the State Board, in collaboration with the local boards, may conduct a risk–limiting audit.</text> </level> <level label="3"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, the State Board shall select the specific contests to be audited under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>A contest for an office for which the term begins in the month of December may not be selected for audit unless the election director for the county agrees to audit the contest.</text> </level> </level> <level label="4"> <text>A risk–limiting audit shall:</text> <level label="i"> <text>manually examine randomly chosen individual voter–verifiable paper records or batches of voter–verifiable paper records until the risk limit is met or the correct election outcome is established;</text> </level> <level label="ii"> <text>be completed before the Board of State Canvassers transmits a certified statement of the election results to the State Board under § 11–503(a) of this title; and</text> </level> <level label="iii"> <text>be observable by the public to the maximum extent practicable.</text> </level> </level> <level label="5"> <level label="i"> <text>If a risk–limiting audit finds that the election outcome determined by the electronic count is inaccurate, the State Administrator, in consultation with the State Board, shall direct the relevant board of canvassers to immediately investigate the matter to determine an accurate election result.</text> </level> <level label="ii"> <text>The board of canvassers shall conclude the investigation within 3 days.</text> </level> <level label="iii"> <text>The board of canvassers shall correct the election result in accordance with regulations adopted by the State Board.</text> </level> </level> <level label="6"> <text>The State Administrator shall report the results of the risk–limiting audit to the Board of State Canvassers and the State Board.</text> </level> </level> <level label="c"> <text>In addition to the risk–limiting audit required under subsection (b) of this section, the State Board, in collaboration with the local boards, may conduct an automated software audit after a statewide election.</text> </level> <level label="d"> <text>A local board may conduct a risk–limiting audit of a local contest at the discretion of the local board.</text> </level> <level label="e"> <level label="1"> <text>The State Board shall adopt regulations to carry out this section.</text> </level> <level label="2"> <text>The regulations adopted under paragraph (1) of this subsection to carry out risk–limiting audits in accordance with subsection (b) of this section shall include:</text> <level label="i"> <text>criteria for determining the contests to be audited;</text> </level> <level label="ii"> <text>the risk limit; and</text> </level> <level label="iii"> <text>the audit method.</text> </level> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-401" title_number="11" title_name="Canvassing" subtitle_number="4" subtitle_name="Certification of Election Results by Local Board"> <level label="a"> <level label="1"> <text>After each election, each board of canvassers shall transmit one certified copy of the election results in its county, attested by the signatures of the chairperson and secretary of the board of canvassers, to:</text> <level label="i"> <text>the Governor;</text> </level> <level label="ii"> <text>the State Board; and</text> </level> <level label="iii"> <text>the clerk of the circuit court for the appropriate county.</text> </level> </level> <level label="2"> <text>The statement may be mailed or delivered in person.</text> </level> </level> <level label="b"> <text>After each general election in which votes have been cast for a write–in candidate, each board of canvassers shall transmit a statement of returns of the votes cast for write–in candidates who have filed a certificate of candidacy.</text> </level> <level label="c"> <level label="1"> <text>The transmittal shall be made on the second Friday after a primary or general election or, if the canvass is completed after that date, within 48 hours after the completion of the canvass.</text> </level> <level label="2"> <level label="i"> <text>Except as specified in subparagraph (ii) of this paragraph, after a special primary or special general election, the transmittal shall be made as soon as possible, but no later than the second Friday after the election.</text> </level> <level label="ii"> <text>After a special primary or special general election that is held at the same time as a primary or general election, the transmittal shall be made in accordance with paragraph (1) of this subsection.</text> </level> </level> </level> <level label="d"> <text>The clerk of the circuit court shall record the election results filed with the court under this section.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-402" title_number="11" title_name="Canvassing" subtitle_number="4" subtitle_name="Certification of Election Results by Local Board"> <level label="a"> <text>Unless otherwise provided by the Maryland Constitution, and subject to subsection (b) of this section, each board of canvassers shall prepare a statement of election results for each candidate or question voted on at the election and declare:</text> <level label="1"> <text>who is elected or nominated for office:</text> <level label="i"> <text>in county government; or</text> </level> <level label="ii"> <text>for any other office voted for only within that county, if the certificate of candidacy for that office was issued by the local board; and</text> </level> </level> <level label="2"> <text>whether or not a question is adopted or approved.</text> </level> </level> <level label="b"> <text>The statement prepared by the board of canvassers under subsection (a) of this section shall report the early, absentee, and provisional vote separately.</text> </level> <level label="c"> <level label="1"> <text>In addition to the statement of election results specified under subsection (a) of this section, the State Board shall make available in an electronic format a report of election results for each candidate or question voted on at the election:</text> <level label="i"> <text>by precinct, including the early, absentee, and provisional vote;</text> </level> <level label="ii"> <text>by State legislative district, including any subdistrict;</text> </level> <level label="iii"> <text>by county legislative district; and</text> </level> <level label="iv"> <text>for each county as a whole.</text> </level> </level> <level label="2"> <text>The State Board may make the report specified under paragraph (1) of this subsection available to the public at cost.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-403" title_number="11" title_name="Canvassing" subtitle_number="4" subtitle_name="Certification of Election Results by Local Board"> <level label="a"> <level label="1"> <text>Except as provided in subsection (b) of this section, and in accordance with regulations adopted by the State Board, the equipment and documentation of a voting system, including all paper and electronic documentation, shall remain secured following the verification required by § 11-306 of this title until:</text> <level label="i"> <text>the expiration of the period allowed for initiating a recount;</text> </level> <level label="ii"> <text>in the event of a recount, the recount is completed; and</text> </level> <level label="iii"> <text>the resolution of any election contest.</text> </level> </level> <level label="2"> <text>After the expiration of the period specified in paragraph (1) of this subsection, the equipment and documentation of the voting system shall be maintained in accordance with regulations of the State Board.</text> </level> </level> <level label="b"> <text>A voting system may be opened and the documents and equipment associated with it examined in the presence of the officer having custody of the voting system upon:</text> <level label="1"> <text>the order of any court of competent jurisdiction; or</text> </level> <level label="2"> <text>the direction of any legislative committee charged with investigating a contested election affected by the use of the voting system.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-501" title_number="11" title_name="Canvassing" subtitle_number="5" subtitle_name="Statewide Canvass and Certification"> <level label="a"> <text>Following each special primary election to fill a vacancy in the office of Representative in Congress, the State Board shall:</text> <level label="1"> <text>convene within 2 days after the certified official election results are received from the local boards;</text> </level> <level label="2"> <text>if a majority of the members of the State Board is not present, adjourn for not more than 1 day;</text> </level> <level label="3"> <text>within 1 day after convening, review the certified copies of the statements made by the boards of canvassers and determine which candidates, by the greatest number of votes, have been nominated to each office and which questions have received a sufficient number of votes to be adopted or approved;</text> </level> <level label="4"> <text>if the State Board determines, based on clear and convincing evidence, that a statement by a board of canvassers is inaccurate, reject the statement and ascertain the accurate election results; and</text> </level> <level label="5"> <text>prepare and certify statewide election results.</text> </level> </level> <level label="b"> <level label="1"> <text>If the State Board determines that a statement by a board of canvassers is inaccurate and must be rejected under subsection (a)(4) of this section, the State Board shall prepare and file a distinct written statement of the reasons for the determination, including the evidence on which the determination was based, with the State Board.</text> </level> <level label="2"> <text>If a member of the State Board dissents from a determination of an election result or reasonably believes that the conduct of a State Board member or State Board proceeding was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and file with the State Board a distinct written statement of the reasons for the dissent or concern.</text> </level> <level label="3"> <text>The State Board shall maintain a file of the written statements submitted under this subsection by members of the State Board.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-502" title_number="11" title_name="Canvassing" subtitle_number="5" subtitle_name="Statewide Canvass and Certification"> <level label="a"> <text>The Board of State Canvassers consists of the following members:</text> <level label="1"> <text>the Secretary of State;</text> </level> <level label="2"> <text>the Comptroller;</text> </level> <level label="3"> <text>the State Treasurer;</text> </level> <level label="4"> <text>the Clerk of the Supreme Court of Maryland; and</text> </level> <level label="5"> <text>the Attorney General.</text> </level> </level> <level label="b"> <text>Three members of the Board of State Canvassers constitute a quorum.</text> </level> <level label="c"> <text>The State Administrator serves as secretary to the Board of State Canvassers.</text> </level> <level label="d"> <text>The members of the Board of State Canvassers may appoint designees to serve on the Board of State Canvassers as follows:</text> <level label="1"> <text>the Secretary of State may appoint a Deputy Secretary of State;</text> </level> <level label="2"> <text>the Comptroller may appoint the Chief Deputy Comptroller;</text> </level> <level label="3"> <text>the State Treasurer may appoint the deputy treasurer;</text> </level> <level label="4"> <text>the Clerk of the Supreme Court of Maryland may appoint the Chief Deputy; and</text> </level> <level label="5"> <text>the Attorney General may appoint the Deputy Attorney General.</text> </level> </level> <level label="e"> <text>A member of the Board of State Canvassers shall submit a designation under subsection (d) of this section to the State Administrator at least 7 days before the Board of State Canvassers convenes.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-503" title_number="11" title_name="Canvassing" subtitle_number="5" subtitle_name="Statewide Canvass and Certification"> <level label="a"> <text>The Board of State Canvassers shall:</text> <level label="1"> <level label="i"> <text>convene within 30 days after each election, unless the election was a special primary election that included a candidate for member of the Congress of the United States; and</text> </level> <level label="ii"> <text>if a majority of members of the Board of State Canvassers is not present, adjourn for not more than 1 day;</text> </level> </level> <level label="2"> <text>within 1 day after convening, review the certified copies of the statements made by the boards of canvassers and determine which candidates, by the greatest number of votes, have been elected to each office and which questions have received a sufficient number of votes to be adopted or approved;</text> </level> <level label="3"> <text>if the Board of State Canvassers determines, based on clear and convincing evidence, that a statement by a board of canvassers is inaccurate, reject that statement and ascertain the accurate election results;</text> </level> <level label="4"> <text>prepare statewide election results for each candidate and question; and</text> </level> <level label="5"> <text>prepare and transmit a certified statement of the election results to the State Board.</text> </level> </level> <level label="b"> <level label="1"> <text>If the Board of State Canvassers determines that a statement by a board of canvassers is inaccurate and must be rejected under subsection (a)(3) of this section, the Board of State Canvassers shall prepare and transmit a distinct written statement of the reasons for the determination, including the evidence on which the determination was based, to the State Board.</text> </level> <level label="2"> <text>If a member of the Board of State Canvassers dissents from a determination of an election result or reasonably believes that the conduct of a member of the Board of State Canvassers or a proceeding of the Board of State Canvassers was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and transmit a distinct written statement of the reasons for the dissent or concern to the State Board.</text> </level> <level label="3"> <text>The State Board shall maintain a file of the written statements submitted under this subsection by members of the Board of State Canvassers.</text> </level> </level> <level label="c"> <text>The State Administrator shall transmit the certified election results to the Governor within 3 days after receipt.</text> </level> <level label="d"> <text>The State Board may adopt regulations consistent with this article governing the certification of election results.</text> </level> </section> <section article="gel" article_name="Election Law" number="11-601" title_number="11" title_name="Canvassing" subtitle_number="6" subtitle_name="Certification of General Election Results and Issuance of Commissions of Election"> <level label="a"> <text>On receipt, in accordance with this subtitle, of the returns of an election for electors to choose a President and Vice President of the United States or of an election to choose a member of Congress, the Governor shall, consistent with the returns of the election received by the Governor in accordance with this subtitle:</text> <level label="1"> <text>ascertain and enumerate the number of votes cast for each candidate for President and Vice President of the United States and declare elected the presidential electors of the candidates who receive the highest number of votes; and</text> </level> <level label="2"> <text>in each contest, ascertain and enumerate the number of votes cast for each candidate voted for as a member of Congress and declare elected the candidate who receives the highest number of votes.</text> </level> </level> <level label="b"> <text>After ascertaining and enumerating the number of votes for candidates as required by subsection (a) of this section, the Governor shall:</text> <level label="1"> <text>issue and transmit a certificate of electors under 3 U.S.C. § 5;</text> </level> <level label="2"> <text>sign and issue a proclamation declaring the name of each candidate who is elected; and</text> </level> <level label="3"> <text>cause the proclamation to be posted on the State Board’s website.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-602" title_number="11" title_name="Canvassing" subtitle_number="6" subtitle_name="Certification of General Election Results and Issuance of Commissions of Election"> <text>The Governor shall issue a commission to an individual elected to or continued in office only if the individual’s election is certified by the State Board.</text> </section> <section article="gel" article_name="Election Law" number="11-603" title_number="11" title_name="Canvassing" subtitle_number="6" subtitle_name="Certification of General Election Results and Issuance of Commissions of Election"> <level label="a"> <text>The State Board shall certify election results in accordance with the provisions of this article and regulations adopted by the State Board.</text> </level> <level label="b"> <text>The State Board shall:</text> <level label="1"> <text>promptly deliver under its seal a certified statement notifying:</text> <level label="i"> <text>each individual who is declared elected;</text> </level> <level label="ii"> <text>each individual who is continued in office;</text> </level> <level label="iii"> <text>the Secretary and presiding officer of the United States Senate, in the case of the election of a United States Senator to represent the State; and</text> </level> <level label="iv"> <text>the Clerk and presiding officer of the United States House of Representatives, in the case of the election of a member of the House of Representatives to represent the State; and</text> </level> </level> <level label="2"> <text>publish a sufficient number of copies of the certified statements of the votes cast throughout the State that are delivered to it by the Board of State Canvassers and make the copies available to the public at cost.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="11-604" title_number="11" title_name="Canvassing" subtitle_number="6" subtitle_name="Certification of General Election Results and Issuance of Commissions of Election"> <text>A certificate issued by the State Board to the Secretary and presiding officer of the United States Senate or to the Clerk and presiding officer of the House of Representatives of the United States under § 11–603(b)(1)(iii) and (iv) of this subtitle constitutes prima facie evidence of the right of the individual certified to be seated for office in the United States Congress.</text> </section> <section article="gel" article_name="Election Law" number="11-605" title_number="11" title_name="Canvassing" subtitle_number="6" subtitle_name="Certification of General Election Results and Issuance of Commissions of Election"> <level label="a"> <text>In a county, municipal corporation, or other political subdivision in which a referendum vote is held on a law, ordinance, or resolution, the executive head of the county, municipal corporation, or other political subdivision promptly shall report the results of the referendum to the clerk of the court for the county.</text> </level> <level label="b"> <text>As promptly as possible thereafter, the clerk of the court shall certify the results of the referendum to the State Board.</text> </level> </section>