The State Board, in consultation with the local boards, shall select and certify a voting system for voting in polling places and a voting system for absentee voting. The voting system selected and certified for voting in polling places and the voting system selected and certified for absentee voting shall be used in all counties. The State Board shall acquire: the voting system selected and certified for voting in polling places; and the voting system selected and certified for absentee voting.

In this section, a “voter–verifiable paper record” includes: a paper ballot prepared by the voter for the purpose of being read by a precinct–based optical scanner; a paper ballot prepared by the voter to be mailed to the applicable local board, whether mailed from a domestic or an overseas location; and a paper ballot created through the use of a ballot marking device. The State Board shall adopt regulations for the review, certification, and decertification of voting systems. The State Board shall periodically review and evaluate alternative voting systems. The State Board may not certify a voting system unless the State Board determines that: the voting system will: protect the secrecy of the ballot; protect the security of the voting process; count and record all votes accurately; accommodate any ballot used under this article; protect all other rights of voters and candidates; be capable of creating a paper record of all votes cast in order that an audit trail is available in the event of a recount, including a manual recount; and provide a voter–verifiable paper record that: is an individual document that is physically separated from any other similar document and not part of a continuous roll; is sufficiently durable to withstand repeated handling for the purposes of mandatory random audits and recounts; and uses ink that does not fade, smear, or otherwise degrade and obscure or obliterate the paper record over time; the voting system has been: examined by an independent testing laboratory that is approved by the U.S. Election Assistance Commission; and shown by the testing laboratory to meet the performance and test standards for electronic voting systems established by the Federal Election Commission or the U.S. Election Assistance Commission; and the public interest will be served by the certification of the voting system. In determining whether a voting system meets the required standards, the State Board shall consider: the commercial availability of the system and its replacement parts and components; the availability of continuing service for the system; the cost of implementing the system; the efficiency of the system; the likelihood that the system will malfunction; the system’s ease of understanding for the voter; the convenience of voting afforded by the system; the timeliness of the tabulation and reporting of election returns; the potential for an alternative means of verifying the tabulation; accessibility for all voters with disabilities recognized by the Americans with Disabilities Act; and any other factor that the State Board considers relevant. A voting system selected, certified, and implemented under this section shall: provide access to voters with disabilities that is equivalent to access afforded voters without disabilities without creating a segregated ballot for voters with disabilities; ensure the independent, private casting, inspection, verification, and correction of secret ballots by voters with disabilities in an accessible media by both visual and nonvisual means, including synchronized audio output and enhanced visual display; and comply with both the Americans with Disabilities Act, P.L. 101–336, and the Help America Vote Act, P.L. 107–252, including accessibility standards adopted as part of the Voluntary Voting System Guidelines pursuant to the Help America Vote Act. At least one voting system in each polling place on election day shall provide access for voters with disabilities in compliance with subsection (f) of this section. The State Board shall ensure that adequate backup equipment is available and contingency plans are established to ensure compliance with paragraph (1) of this subsection. Before the selection of a voting system, the State Board shall: ensure that an accessible voting system conforms to the access requirements of the Voluntary Voting System Guidelines developed in accordance with the Help America Vote Act in effect at the time of selection; and conduct an accessibility and usability evaluation of the voting system to assess its accessibility and usability by voters with disabilities, including: a public demonstration of the system; and an evaluation by individuals representing a cross–section of voters with disabilities. The State Board shall adopt regulations relating to requirements for each voting system selected and certified under § 9–101 of this subtitle. The regulations shall specify the procedures necessary to assure that the standards of this title are maintained, including: a description of the voting system; a public information program by the local board, at the time of introduction of a new voting system, to be directed to all voters, candidates, campaign groups, schools, and news media in the county; local election officials’ responsibility for management of the system; the actions required to assure the security of the voting system; the supplies and equipment required; the storage, delivery, and return of the supplies and equipment necessary for the operation of the voting system; standards for training election officials in the operation and use of the voting system; before each election and for all ballot styles to be used, testing by the members of the local board to ensure the accuracy of tallying, tabulation, and reporting of the vote, and observing of that testing by representatives of political parties and of candidates who are not affiliated with political parties; the number of voting stations or voting booths required in each polling place, in relation to the number of registered voters assigned to the polling place; the practices and procedures in each polling place appropriate to the operation of the voting system; assuring ballot accountability in systems using a document ballot; the actions required to tabulate votes; and postelection review and audit of the system’s output. Certification of a voting system is not effective until the regulations applicable to the voting system have been adopted.

The State Board: may decertify a voting system previously certified if the State Board determines that the system no longer merits certification; and shall decertify a previously certified voting system if the voting system no longer meets one or more of the standards in § 9–102(d)(1)(i) through (iii) of this subtitle. The State Board shall determine the effective date and conditions of the decertification.

In this section, “bonds” means individual notes, bonds, or other evidences of indebtedness. A county may issue bonds to finance all or part of the costs of a voting system. A county may: issue general obligation bonds to finance all or part of the costs of a voting system without regard to any constitutional, statutory, charter, or other limitations on the borrowing power of the county; and pledge its full faith and credit and taxing power to the payment of the principal of and interest on the bonds. This subsection applies to bonds issued under this section. The bonds of each issue shall be authorized by ordinance or resolution of the county governing body. The authorizing ordinance or resolution shall specify that the bonds: be dated; bear interest at a rate or rates to be determined in the manner that is specified in the ordinance or resolution; and mature at certain times. The authorizing ordinance or resolution may make the bonds redeemable before maturity: at the price set before bonds are issued; and under the terms and conditions set before bonds are issued. The authorizing ordinance or resolution shall: cite the authority for the issuance of the bonds and the amount authorized; determine the form of the bonds; fix the denomination of the bonds; and fix the place where principal and interest may be paid, which may include a bank or trust company inside or outside the State. The bonds shall be signed, manually or by facsimile, by an officer of the issuing county, and the seal of the county or facsimile thereof shall be affixed to the bonds and attested to in the manner that the governing body determines. The signature of an officer of the county or its facsimile that appears on a bond is valid even if that officer ceases to hold office before the bonds are delivered or takes office after the date of issuance of the bonds. The bonds shall have all the qualities and incidents of negotiable instruments under the Maryland Uniform Commercial Code. The bonds may be issued in such registered form as is specified in the authorizing ordinance or resolution. The bonds may be sold: at public or private negotiated sale as the county determines to be in its best interest; and at the price or prices determined in the manner that is specified in the authorizing ordinance or resolution. After payment of all costs and expenses incurred in connection with the preparation, sale, and delivery of the bonds, the entire proceeds from the sale of bonds issued under this section shall be used solely for the costs of the voting system for which the bonds were issued. Any balance remaining after the funding of costs of the voting system shall be used to provide for the payment of the principal of and the interest on, or the redemption of, the bonds. In each fiscal year in which general obligation bonds issued under this section are outstanding, the county shall levy or cause to be levied ad valorem taxes, on all of the assessable property within the county, at a rate or in an amount sufficient to provide for or assure the payment of the principal of and interest on the bonds when and as they become due and payable. If the proceeds of taxes levied in any fiscal year prove inadequate for the payment, the county shall levy or cause to be levied additional taxes in the subsequent fiscal year to make up any deficiency. The proceeds of a levy under this subsection shall be used only to pay principal of and interest on outstanding bonds issued under this section. A bond issued under this section, its transfer, the interest payable on it, and the income from it, including any profit realized in the sale or exchange of it, shall at all times be and remain exempt from taxation of any kind and nature by: the State, a county, a municipal corporation, or other political subdivision of the State; or a unit of the State, a county, a municipal corporation, or other political subdivision of the State. Sections 19–205 and 19–206 of the Local Government Article do not apply to bonds issued under this section.

Acquisition of a voting system shall be by purchase, lease, or rental and shall be exempt from State, county, or municipal taxation.

Each county shall pay for its share of 50% of the State’s cost of acquiring and operating the uniform statewide voting systems for voting in polling places and for absentee voting provided for in this title, including the cost of maintenance, storage, printing of ballots, technical support and programming, related supplies and materials, and software licensing fees. A county’s share of the cost of acquiring and operating the uniform statewide voting systems shall be based on the county’s voting age population.