Plain Text Law

Title 33 — Subtitle 08. Canvassing

Chapter 01. Definitions; General Provisions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Counting center” means the central location designated by the local board for the canvass of ballots.
(2)
“Election Management System” has the meaning stated in COMAR 33.10.02.01B(10).
(3)
“Totals tape” means the report of result totals that is generated by an optical scan or touchscreen voting unit.

Regulation .02 Board Responsibilities.Copy Citation

A.
In General.
(1)
The canvass shall be conducted by the local board, in its role as a board of canvassers, as provided in Election Law Article, Annotated Code of Maryland, and this chapter.
(2)
The local board is responsible for enforcing all provisions of Election Law Article, Annotated Code of Maryland, and all rules, regulations, and directives of the State Board that relate to vote canvassing.
(3)
The local board is responsible for requesting a waiver from early canvassing of mail-in ballots, as required by Election Law §11-302(b)(1), Annotated Code of Maryland.
(a)
The waiver request shall:
(i)
Be in writing to the State Administrator;
(ii)
Be submitted no later than 17 days prior to the first day of canvass required by Election Law Article, §11-302-(b)(1), Annotated Code of Maryland; and
(iii)
Include facts sufficient to establish that the basis for the request is not necessary due to the low number of absentee ballots received by the local board or not practicable due to limited resources or other constraints on the local board.
(b)
The State Administrator shall:
(i)
Upon receipt of a request for a waiver, the State Administrator shall review the request and determine whether it is sufficient.
(ii)
Within 5 business days of receiving the request for a waiver, the State Administrator shall notify the local board of the State Administrator’s decision.
(4)
Oath or Affirmation.
(a)
Each member of the local board shall take and subscribe the following oath or affirmation: I, ........, do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of Board of Canvassers, according to the Constitution and Laws of this State.
(b)
The oath or affirmation shall be administered and recorded by the clerk of the circuit court.
(c)
The oath shall expire 35 days after election day.
(5)
Timing of Oath or Affirmation.
(a)
Each member of the local board shall take and subscribe the oath or affirmation not later than 9:00 a.m. 8 business days before the first day of early voting; or
(b)
If a local board of elections has obtained a waiver under Election Law Article, §11-302(b)(1), Annotated Code of Maryland, each member of the local board shall take and subscribe the oath or affirmation, not later than 5:00 p.m. on election day.
B.
Constant Presence, Supervision Required.
(1)
The canvass of votes at the counting center shall be conducted in the presence and under the direct supervision of the local board.
(2)
The board shall be present in the counting center throughout each working session of the canvass.

Regulation .02-1 Board Counsel.Copy Citation

A.
Oath or Affirmation Required.
(1)
Each local board counsel shall take and subscribe the following oath or affirmation: I, ........, do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, serve as counsel to the ........ Board of Canvassers, according to the Constitution and Laws of this State.
(2)
The clerk of the circuit court or chairman of the local board shall administer and record the oath or affirmation in §A(1) of this regulation to the local board counsel.
(3)
The oath or affirmation shall be administered as follows:
(a)
Not later than 9:00 a.m. 8 business days before the first day of early voting; or
(b)
If a local board of elections has obtained a waiver under Election Law Article, §11-302(b)(1), Annotated Code of Maryland, not later than 5:00 p.m. on election day.
(4)
The oath shall expire 35 days after election day.
B.
Presence During Decision Sessions.
(1)
During each canvass, the local board’s counsel shall be present at any time the local board is deciding questions or otherwise making decisions on the legality or acceptability of a vote on any ballot, an absentee ballot, provisional ballot application, or provisional ballot.
(2)
The local board may specifically schedule decision periods, if the schedule is announced at the start of each day of the canvass.
C.
The local board's counsel shall be present throughout all canvass sessions if it appears that absentee or provisional ballots could decide the outcome of a contest or a question.

Regulation .03 Substitute Board Members.Copy Citation

A.
Substitution Allowed. Subject to §B of this regulation, substitute members may fill in for regular members at any time during the canvass.
B.
Party Representation. During every session, however, both principal political parties shall always be represented.

Regulation .04 Closing Polls.Copy Citation

After the last individual has voted, as authorized by Election Law Article, §10-301(b), Annotated Code of Maryland, the election judges shall proceed to close the polls and to secure and deliver equipment and materials to the board, as provided in Election Law Article, §§10-314 and 11-202, Annotated Code of Maryland, and in COMAR 33.10.

Regulation .05 Stages of Vote Count.Copy Citation

A.
Election Night—Precinct Count. The precinct count shall be conducted as provided in COMAR 33.10.
B.
Absentee Canvass. The canvass of absentee ballots shall be conducted as provided in:
(1)
This subtitle; and
(2)
COMAR 33.11.
C.
Provisional Canvass. The canvass of provisional ballots shall be conducted as provided in:
(1)
This subtitle; and
(2)
COMAR 33.16.

Regulation .05-1 Notice of Canvass.Copy Citation

A.
Each election director shall provide notice of all absentee canvasses and the provisional canvass by:
(1)
Mail or email sent directly to:
(a)
The chairman of the county central committee of each political party;
(b)
Each candidate who is not a candidate of a political party; and
(c)
The State Administrator; and
(2)
Posting a notice on the local board's website and in a prominent and publicly accessible location at the local board's office.
B.
The election director shall send the notice at least 10 days before the first absentee canvass.
C.
The election director may include the notice for the pre-election public demonstration required by Election Law Article, Subtitle 10, Annotated Code of Maryland, in the notice required under this regulation.

Regulation .06 Working Sessions.Copy Citation

The local board shall determine and announce the:
A.
Time for opening and closing each working session; and
B.
Time and duration of any breaks.

Regulation .07 Public Attendance at Canvass.Copy Citation

Throughout the canvass, all sessions, deliberations, and proceedings shall be open to the public and the media.

Regulation .07-1 Storage of Ballots.Copy Citation

The local board shall keep and store canvassed ballots based on the canvass in which they were canvassed.

Regulation .08 Challenges.Copy Citation

A.
In General.
(1)
An individual who wishes to bring a challenge regarding an action of the local board on an absentee ballot or provisional ballot application shall make the challenge at the time the ballot or application is presented for acceptance or rejection.
(2)
A challenge is waived if the challenge is not made pursuant to §A(1) of this regulation.
B.
Counsel's Presence Required. However, if the board's counsel is not present, the board shall delay any decision on a challenge until the counsel's arrival.

Regulation .09 Voting System Verification.Copy Citation

A local board shall test the voting system as provided in COMAR 33.10 for accuracy.

Regulation .10 Report of Votes Cast.Copy Citation

At times and in the format required by the State Administrator, the election director shall produce:
A.
The total votes cast for all offices and on all questions:
(1)
By precinct for votes cast on election day in a polling place; or
(2)
By county, for votes cast during early voting or by absentee or provisional voting; and
B.
In a primary election:
(1)
The number of ballots voted in each party’s primary; and
(2)
The number of ballots voted in any nonpartisan ballot election.

Regulation .11 Certification of Results.Copy Citation

A.
The local board or State Board, as the case may be, shall certify the election results as provided in Election Law Article, §11-401, 11-501, or 11-603, Annotated Code of Maryland.
B.
Upon receipt of the official returns from a referendum vote concerning a law enacted by the General Assembly, the State Administrator shall certify the results of the vote.
C.
The State Administrator shall forward a copy of the certification to:
(1)
The Clerk of the Court of Appeals; and
(2)
The Department of Legislative Services, so that the Department can carry out its responsibilities under State Government Article, §2-1243(a), Annotated Code of Maryland.
D.
Promptly after receiving certification under Election Law Article, §11-605, Annotated Code of Maryland, of the results of a referendum vote on a law, ordinance, or resolution held in a county, municipal corporation, or other political subdivision, the State Administrator shall forward the certification to the Department of Legislative Services so that the Department can carry out its responsibilities under State Government Article, §2-1243(a), Annotated Code of Maryland.

Regulation .12 Release of Voting Systems.Copy Citation

Once secured, as required by COMAR 33.10, no part of the voting system may be released except:
A.
As specifically authorized by law; or
B.
On the written authorization of the State Administrator.

Regulation .13 Certification Deadlines.Copy Citation

A.
A board of canvassers may not certify and transmit a copy of election results, pursuant to Election Law Article, §11-401(a)(1), Annotated Code of Maryland, until after the deadline for receipt of timely mail-in ballots provided by COMAR 33.11.03.08B(4)(a).
B.
If a board of canvassers is unable to certify election results on the second Friday after election day, the board of canvassers, in consultation with the election director, shall notify in writing the State Board of Elections of the delay.
C.
The notification shall contain:
(1)
Detailed plan on the continuation of the canvass including staffing figures, dates, and hours to be worked;
(2)
The number of outstanding ballots to be canvassed; and
(3)
An anticipated end date for the canvass and certification of election results.
D.
The State Board of Elections has the authority to modify the plan to ensure completion of the canvass and certification of election results in a timely manner for State certification and any post-election audits.

Chapter 02. Uniform Definition of a Vote

Regulation .01 Definition of a Vote—Direct Recording Electronic (DRE) Voting System.Copy Citation

A.
A vote on a Direct Recording Electronic (DRE) voting unit is the choice made when a voter selects a candidate or the desired answer to a question and casts the ballot.
B.
To select a candidate or an answer to a question, the voter shall:
(1)
Press the appropriate place on the touchscreen to cause an “X” to display next to the name of the candidate or answer to a question for which the voter desires to vote;
(2)
Type on the touchscreen the name of a write-in candidate in accordance with the instructions for voting on the DRE voting unit and press the appropriate place on the touchscreen to record the write-in vote; or
(3)
Press the appropriate button on the keypad for the accessible voting unit to signify the voter's selection of a particular candidate or answer to a question.
C.
To cast a ballot, the voter shall:
(1)
Press the place on the touchscreen designated for casting the ballot; or
(2)
Press the appropriate button on the keypad for the accessible voting unit to signify the voter's desire to cast the ballot.

Regulation .02 Definition of a Vote — Optical Scan Voting System.Copy Citation

A.
Automatic Tabulation. If ballots are tabulated electronically, a vote cast on an optical scan voting system is the choice made by a voter by:
(1)
Filling in the oval next to the candidate’s name or the question choice;
(2)
Using a ballot marking device to make selections; or
(3)
Writing in the name of a candidate in the designated write-in space and filling in the oval next to the write-in candidate’s name.
B.
Manual Tabulation. If ballots are tabulated manually, the following marks constitute a vote for a candidate or question choice on an optical scan voting system:
(1)
The majority of an oval designating a candidate or question choice is filled in;
(2)
The oval next to the candidate's name or the question choice is circled or underlined;
(3)
The candidate's name or the question choice is circled or underlined;
(4)
The name or question choice is printed on a ballot marked by a ballot marking device;
(5)
The party abbreviation associated with the candidate's name is circled or underlined;
(6)
There is an “X”, a check mark, a plus sign, an asterisk, or a star, any portion of which is contained in a single oval, and no portion of which enters into another oval, next to the candidate's name or question choice;
(7)
There is a diagonal, horizontal, or vertical line:
(a)
A portion of which intersects two points on the oval next to the candidate's name or the question choice;
(b)
That does not intersect another oval at any two points; and
(c)
That if it is a horizontal line, does not strike through the candidate's name or the question choice language; or
(8)
There are words of affirmative choice, such as “vote for Smith” or “vote yes” in the area for the specific contest.
C.
Manual Tabulation — Write-in Voting.
(1)
The written name of a qualified write-in candidate, or the written name of a candidate whose name is on the ballot in that contest, in the write-in space, whether or not the oval designating the selection of a write-in candidate has been marked, constitutes a valid vote for the candidate.
(2)
If a voter designates a vote for a named candidate on the ballot and also provides for a write-in candidate in the same contest, the vote shall be treated as follows:
(a)
If the voter designates a vote for a named candidate on the ballot and writes in the name of the same candidate, only one vote shall count for the candidate; or
(b)
If the voter designates a vote for a named candidate on the ballot and writes in the name of a different person, these actions are considered an overvote, with neither candidate receiving credit for the vote.
D.
Manual Tabulation — Other Marks or Words. Where a choice is indicated in accordance with §B or C of this regulation and another choice is similarly marked and contains an “X”, a cross-out, or another mark obscuring the filled in area, or contains words of error such as “no”, “not this”, “ignore this”, “don't want”, or “wrong”, the choice without the additional markings or words constitutes the vote.

Regulation .03 Write-in Voting Generally.Copy Citation

A.
Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate shall be disregarded in determining the validity of a write-in vote as long as the intended candidate can be determined.
B.
Writing in only the last name of a candidate constitutes a valid vote, unless there is more than one filed candidate with the same last name for that office. If there is more than one filed candidate with the same last name for that office, writing in only the last name is not a valid vote.
B-1.
Writing in only the first name or initials of a candidate constitutes a valid vote, unless there is more than one filed candidate with the same first name or initials for that office. If there is more than one filed candidate with the same first name or initials for that office, writing in only the first name or initials is not a valid vote.
C.
Writing in the name of the candidate for Governor or the name of the candidate for Lieutenant Governor is sufficient to cast a write-in vote for the joint office.
D.
Writing in the name of the candidate for President or the name of the candidate for Vice President is sufficient to cast a write-in vote for the joint office.

Chapter 03. Canvass Control and Safeguards

Regulation .01 Board to Set Procedures.Copy Citation

The local board shall develop and, with the approval of the State Board, establish and enforce procedures and methods to:
A.
Maintain order throughout the canvass; and
B.
Safeguard all records and documents.

Regulation .02 Public Inspection of Ballots and Other Documents.Copy Citation

Observers and challengers are allowed to visually inspect ballots, provisional ballot applications, and absentee ballot envelopes, and the like, at a reasonable distance, but may not touch them.

Regulation .03 Food and Beverages.Copy Citation

Food and beverages are prohibited in the counting center.

Regulation .04 Distractions.Copy Citation

Conversations and other activities that interfere with or distract the board's staff are prohibited.

Regulation .05 Instructions to Staff and Public.Copy Citation

A.
In General. At the start of the canvass, the board shall generally instruct the staff, the public, and the media on the:
(1)
Process to be completed; and
(2)
Procedures to be followed.
B.
Specifics. The instructions shall include:
(1)
The need to maintain order during the canvass;
(2)
The distance that must be maintained while inspecting ballots;
(3)
The prohibition against food and beverages;
(4)
The prohibition against noise and distractions;
(5)
The board's authority to maintain order throughout the canvass;
(6)
Information on breaks;
(7)
The locations of telephones and restrooms; and
(8)
Other relevant matters.
C.
Posted Notice.
(1)
The board shall post written notices in and around the counting center that instruct the public and the media of the conduct required in the counting center.
(2)
The notice shall include each of the items specified in §B(1)—(5) of this regulation.

Regulation .06 Security Guards.Copy Citation

The board may arrange for one or more security guards to:
A.
Be present from the start until the end of the canvass; and
B.
Assist the board in maintaining order during the canvass.

Chapter 04. Central Count Procedures

Regulation .01 Scope.Copy Citation

A.
In General. This chapter applies to all voting systems except as specified in §B of this regulation.
B.
Exception. This chapter does not apply to votes cast on any other direct recording electronic voting equipment certified for use in this State.

Regulation .02 Special Teams.Copy Citation

A.
Appointment; Composition.
(1)
The local board shall:
(a)
Appoint special teams to perform various functions during the canvass; and
(b)
Assign an identification number to each team.
(2)
To the extent practicable, the teams shall be bipartisan.
B.
Types. The special teams shall include, but not be limited to, one or more:
(1)
Ballot reception teams;
(2)
Ballot inspection teams;
(3)
Ballot duplicating teams; and
(4)
Ballot verification teams.
C.
Responsibilities. The local board shall develop and, with the approval of the State Board, adopt:
(1)
Written procedures on the responsibilities of each special team; and
(2)
Specific instructions on how to carry out those responsibilities.

Regulation .03 Ballot Box Inspection — Repealed.Copy Citation

Regulation .04 Ballot Inspection — Repealed.Copy Citation

Regulation .05 Ballot Duplication — Team Method.Copy Citation

A.
In General. If a ballot inspection team determines that a ballot is unacceptable for machine tabulation, whether the defect existed when the ballot reached the counting center or resulted from processing in the counting center, the ballot shall be duplicated by a ballot duplicating team.
B.
Standard for Duplicating. When determining the intent of the voter who cast the original ballot, the ballot duplicating team shall use the standards in COMAR 33.08.02.
C.
Disposition of Ballots.
(1)
Following duplication, the:
(a)
Original ballot shall be replaced by the duplicate ballot; and
(b)
Duplicate ballot shall be counted with the ballots for that precinct.
(2)
Both ballots shall be:
(a)
Given a unique identifying number; and
(b)
Securely attached to each other.

Regulation .06 Ballot Duplication — Automated Method.Copy Citation

A.
In General. If a local board uses a barcode to generate a ballot that is acceptable for machine tabulation, the ballot submitted by the voter and the ballot generated from the barcode must be referred to a ballot verification team.
B.
Standard for Verification.
(1)
The ballot verification team shall compare the ballot submitted by the voter against the ballot generated from the barcode.
(2)
If the team determines that the ovals marked on both ballots:
(a)
Match, the ballot generated from the barcode shall be tabulated.
(b)
Do not match, the team shall duplicate the ballot submitted by the voter according to Regulation .05 of this chapter and notify the State Administrator.
C.
Disposition of Ballots. If the ballot generated from the barcode is tabulated:
(1)
The original ballot shall be replaced by the verified ballot;
(2)
The verified ballot shall be counted with the appropriate group; and
(3)
Both ballots shall be:
(a)
Given a unique identifying number; and
(b)
Securely attached to each other.
D.
The local board shall follow procedures issued by the State Administrator when tabulating these ballots.

Regulation .07 Write-In Votes.Copy Citation

A.
In General.
(1)
The report of votes cast from the certified voting system shall indicate the number of marks in write-in positions for each contest.
(2)
The local board shall manually tally and record all votes cast for write-in candidates.
B.
Requisites for Validity. A write-in vote is not valid and may not be counted unless the write-in vote meets the requirements of COMAR 33.08.02.03.
C.
Reporting. The reporting of write-in votes as part of the official returns shall be as the State Board requires.

Regulation .08 Over-Votes.Copy Citation

An over-vote in a contest does not invalidate the rest of the ballot, but only the votes cast in that contest. All other votes correctly cast on the ballot shall be counted.

Chapter 05. Post-Election Verification and Audit

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Automated software audit” has the meaning stated in Election Law Article, §11-309, Annotated Code of Maryland.
(2)
“Ballot-level comparison audit” means a type of risk-limiting audit in which the local board examines voter selections on randomly selected individual paper ballots and compares them with corresponding cast vote records.
(3)
“Ballot polling audit” means a type of risk-limiting audit in which the local board examines voter selections on randomly selected ballots.
(4)
“Ballot manifest” means a detailed catalog prepared by the local board listing the batch label, number of ballots, and any other material required by the State Board as necessary to identify ballots for the risk-limiting audit.
(5)
“Batch” means a grouping of ballots by criteria determined by the State Board and individually stored in a ballot box.
(6)
“Batch comparison audit” means a type of risk-limiting audit in which the local board examines voter markings on randomly selected batches of ballots against the voting system counts.
(7)
“Batch label” means the uniform naming convention determined by the State Board that is used to identify the batch of ballots.
(8)
“Cast vote records” means an auditable document or electronic record that purports to reflect the selections a voter made on a ballot.
(9)
“Discrepancy” means the difference between the voting system results and the results of an automated or risk-limiting audit.
(10)
“Manual count” has the meaning stated in Election Law Article, §11-309, Annotated Code of Maryland.
(11)
“Precinct” includes an early voting center in Regulations .02—.06 of this chapter.
(12)
“Random seed” means a randomly generated number that is used to generate a random number sequence to select ballot cards or batches of ballot cards for audit.
(13)
“Risk limit” has the meaning stated in Election Law Article, §11-309, Annotated Code of Maryland.
(14)
“Risk-limiting audit” has the meaning stated in Election Law Article, §11-309, Annotated Code of Maryland.
(15)
“Risk-limiting audit software” means the software used by the State Board in order to conduct the risk-limiting audit.
(16)
“Voter-verifiable paper record” has the meaning stated in Election Law Article, §9-102, Annotated Code of Maryland.

Regulation .02 Purpose.Copy Citation

A.
The purpose of the verification is to demonstrate and confirm the accuracy of the voting system’s tabulation logic.
B.
The purpose of the precinct audit is to confirm that the number of ballots cast equals the number of voters who checked-in to vote at a polling place.
C.
The purpose of the absentee and provisional ballot audit is to ensure that each accepted ballot met the application and acceptance criteria and conversely that rejected ballots did not meet the criteria.

Regulation .03 Verification and Audit Required.Copy Citation

A.
A local board of canvassers may not certify the results of an election until the verification and audit procedures required in this chapter have been completed for that election.
B.
The State Administrator shall establish procedures and reporting formats to guide the verification and audit process.

Regulation .04 Selection of Precincts.Copy Citation

A.
After 8 p.m. on election day, each local board shall randomly select for post-election verification and auditing, the greater of:
(1)
Three precincts with at least 300 registered voters; or
(2)
5 percent of all precincts used in the election.
B.
Each local board shall:
(1)
Select the precincts at an open session of the local board; and
(2)
Provide notice of the open session as required under State Government Article, §10-506, Annotated Code of Maryland.
C.
Within 3 days of selecting the precincts, the election director shall forward to the State Administrator a list of the selected precincts.
D.
The State Administrator may require the local board to conduct the audit and verification procedures on additional precincts.

Regulation .05 Post-Election Verification.Copy Citation

A.
Optical Scan Voting Unit. For each precinct selected under Regulation .04, the election director shall:
(1)
Obtain the totals tapes from each optical scan voting unit deployed to that precinct;
(2)
In a manner and format specified by the State Administrator, aggregate the results reported on the totals tapes; and
(3)
Compare those aggregated precinct results against the results for that precinct as reported by the Election Management System.
B.
Notification.
(1)
If the verification results and the Election Management System results agree, the election director shall report to the local board of canvassers and the State Administrator accordingly.
(2)
If the verification results and the Election Management System results do not agree:
(a)
The election director shall notify the State Administrator immediately; and
(b)
The local board of canvassers may not certify the election until the cause of the discrepancy is discovered, resolved, and the State Administrator has approved the resolution.

Regulation .06 Post-Election Audit — Precincts.Copy Citation

A.
Automatic.
(1)
For every precinct in an election, the State Administrator shall produce a report with the following information:
(a)
The number of voters who were checked-in to vote as reported by the electronic pollbooks;
(b)
The number of ballots cast as reported in the Election Management System; and
(c)
The difference, if any, between the number of voters checked-in to vote and ballots cast.
(2)
The election director shall conduct the audit procedures under §B of this regulation for all batches of ballots scanned at that precinct if the State Administrator’s report indicates that the difference between the number of voters checked-in to vote and the number of ballots cast is five or more.
B.
Automatic Audit Procedures—Addition of Batches to Risk-Limiting Audit.
(1)
Batches shall be added to risk-limiting audit under COMAR 33.08.05.09. The election director shall:
(a)
Add the batches identified in §A of this regulation to the batches audited by the risk limiting audit; and
(b)
Conduct the audit procedures under this section for each batch of ballots cast at precinct identified under §A of this regulation.
(2)
For each batch being audited, the election director shall also:
(a)
Hand count the signed voter authority cards associated with each voting unit used to scan the batch; and
(b)
Compare the number of signed voter authority cards against the number of ballots cast as reported in the Election Management System.
(3)
If the number of signed voter authority cards does not match the number of ballots cast, the election director shall:
(a)
Review other election materials from the precinct to determine the cause of the difference; and
(b)
Report to the State Administrator the explanation for the difference.
C.
Notification. The election director shall report to the local board and the State Administrator the results of the audit.

Regulation .07 Post-Election Audit — Absentee and Provisional Voting.Copy Citation

A.
The State Administrator shall establish the number of absentee and provisional ballots to be audited.
B.
The election director shall randomly select and review:
(1)
Accepted absentee ballots to determine whether each ballot was properly accepted by confirming that:
(a)
A timely absentee ballot request was received from the voter; and
(b)
The absentee ballot was timely received as provided under COMAR 33.11.03.08;
(2)
Rejected absentee ballots to determine whether each ballot was properly rejected by confirming that:
(a)
The absentee ballot was not timely received as provided under COMAR 33.11.03.08; or
(b)
The absentee ballot was rejected for another valid reason;
(3)
Accepted provisional ballots to determine whether each ballot was properly accepted by confirming that:
(a)
On or before election day, the voter was registered to vote and voted the ballot for the precinct in which the voter resides; and
(b)
All other applicable acceptance criteria were met;
(4)
Partially accepted provisional ballots to determine whether each ballot was properly partially accepted by confirming that:
(a)
On or before election day, the voter was registered to vote but did not vote the ballot for the precinct in which the voter resides; and
(b)
All other applicable acceptance criteria were met; and
(5)
Rejected provisional ballots to determine whether each ballot was properly rejected by confirming that:
(a)
On or before election day, the voter was not registered to vote; or
(b)
The voter’s ballot was rejected for another valid reason.
C.
Notification. The election director shall provide a copy of the materials reviewed under §B of this regulation to:
(1)
The local board of canvassers at the time of certification; and
(2)
The State Administrator after certification.
D.
Certifying the election.
(1)
If the audit demonstrates that an absentee or provisional ballot was improperly rejected, the local board of canvassers shall accept and count the absentee or provisional ballot prior to the certification of the election.
(2)
If the audit demonstrates that absentee and provisional ballots were improperly accepted and that discrepancy is:
(a)
Less than the vote margin of any contest on the ballot in that county, the local board of canvassers shall accept the audit results and certify the election; or
(b)
Greater than the vote margin of any contest on the ballot, the local board of canvassers may not certify until any corrective actions required by the State Administrator are completed.

Regulation .08 Post-Election Audit — Ballot Tabulation Audit — In General.Copy Citation

A.
Audits Conducted by the State Administrator. The State Administrator shall conduct an automated software audit of the electronic images of all ballots cast:
(1)
After each Statewide primary election; and
(2)
After each Statewide general election.
B.
Audit Conducted by the Local Boards. Each local board shall conduct a risk-limiting audit of voter-verifiable paper records after each Statewide election:
C.
Reporting of Audit Results.
(1)
The State Administrator shall post on the State Board website:
(a)
Prior to certification of the election by the Board of State Canvassers, the results of the risk-limiting audit, including:
(i)
An overview of the risk-limiting audit process; and
(ii)
An explanation or video of the batch selection process; and
(b)
Within 1 week after certification of election results by the Board of State Canvassers, the results of the automated software audit, including:
(i)
An overview of the automated audit process;
(ii)
The audit reports generated for each county;
(iii)
An explanation of any discrepancy greater than 0.5 percent of total votes cast in any given contest; and
(iv)
Any additional steps taken to resolve any discrepancy.
(2)
Prior to certification of the election by the Board of State Canvassers, the State Administrator shall report the results of the risk-limiting audit to the Board of State Canvassers and the State Board.

Regulation .09 Post-Election Audit — Ballot Tabulation Audit — Risk Limiting Audit.Copy Citation

A.
In General.
(1)
Audit Method.
(a)
Except as provided in §A(1)(b) of this regulation, a batch comparison audit shall be conducted in accordance with Election Law Article, §11-309, Annotated Code of Maryland.
(b)
Exception to Batch Comparison. If the State Administrator determines that a batch comparison audit cannot be completed prior to the Board of State Canvassers certification, the audit may be conducted using the following methods:
(i)
Ballot comparison;
(ii)
Ballot polling; or
(iii)
A hybrid of batch comparison, ballot comparison, or ballot polling.
(2)
Risk Limit. The risk limit shall be 10 percent.
(3)
Timing of Audit.
(a)
No later than 17 days after election day, the local board shall provide to the State Board a ballot manifest, in the manner prescribed by the State Board.
(b)
The local board shall commence a risk-limiting audit no sooner than 21 days after election day.
(c)
The local board shall complete a risk-limiting audit no later than 2 days before the Board of State Canvassers convenes under Election Law Article, §11-503(a)(1), Annotated Code of Maryland.
B.
Public Notice and Observation.
(1)
A local board shall:
(a)
At least 3 days before the risk-limiting audit starts, provide notice of the risk-limiting audit by:
(i)
Sending the notice to the chairman of the county central committee, each candidate for the contest to be audited who is not a candidate of a principal political party, and the State Administrator;
(ii)
Posting the notice on its website; and
(iii)
Posting the notice in a prominent and publicly accessible location at its office; and
(b)
Allow, to the extent practicable, for public observation of each part of the manual count of ballots of the risk-limiting audit process.
(2)
The State Board shall:
(a)
Provide at least 3 days notice of the time, date, and location for conducting risk-limiting audit initiation procedures required in §E of this regulation by posting the notice on its website; and
(b)
Allow, to the extent practicable, for public observation of risk-limiting audit initiation procedures.
C.
Selection of Contests for Audit.
(1)
Determination of Number of Statewide Contests. No later than the day before the start of the risk-limiting audit, the State Board shall determine the number of contests to be audited as follows:
(a)
Consider the number of Statewide contests in the election;
(b)
Consider local boards’ resources, including provisional processing, canvass, and recounts;
(c)
For a primary election:
(i)
If one contest is selected, require auditing of at least one Statewide contest on one party’s ballot;
(ii)
If two contests are selected, require auditing of at least one Statewide contest on each party’s ballot; and
(d)
In a general election, require auditing of at least one Statewide contest.
(2)
Determination of Statewide Contest. No later than the day before the start of the risk-limiting audit, the State Board shall randomly select from all Statewide contests at least one contest to be audited.
(3)
Requests by Local Boards to Audit Local Contests.
(a)
A local board may conduct a risk-limiting audit of a local contest at the discretion of the local board.
(b)
If a local board conducts a risk-limiting audit of a local contest:
(i)
All Statewide contests must be completed prior to the commencement of the audit; and
(ii)
The timing of completion of the risk-limiting audit of the Statewide contest may not be affected by the local contest audit.
(c)
A local board may request the State Administrator’s approval in writing no later than 1 month prior to the election, to use the risk-limiting audit software to conduct the local contest audit.
D.
Local Board Preparations for Audit.
(1)
Ballot Control. Each local board shall store ballots as follow:
(a)
In a sealed ballot box, with only ballots from the same batch; and
(b)
With the batch label on the exterior of the ballot box, which identifies the batch as it appears on the ballot manifest.
(2)
Requirement to Provide Ballot Manifest. Each local board shall provide to the State Board no later than 17 days after election day:
(a)
A ballot manifest in the manner prescribed by the State Board;
(b)
An estimate of all provisional and mail-in ballots that have not yet been canvassed; and
(c)
Certification that all batches listed on the ballot manifest have been verified by the local board as required by the State Board.
E.
Initiation of Risk-Limiting Audit. On the day before the first day of the risk limiting audit, the State Administrator shall hold a public meeting during which the State Administrator shall:
(1)
Select random choice of a seed number to input into risk-limiting audit software; and
(2)
Using the randomly-selected seed, risk limit, and margin of victory for the contest or contests selected to be audited, determine the ballots to be audited by each local board.
F.
Manual Count Procedures.
(1)
Each election director shall:
(a)
Prepare for a risk-limiting audit by recruiting and training manual count teams;
(b)
Instruct teams to use the sort method described in §F(2) of this regulation if one Statewide contest are audited;
(c)
Instruct teams to use the tally method described in §F(3) of this regulation if more than one Statewide or local contest is audited;
(d)
Issue the teams batches or voter verifiable paper records chosen by the risk-limiting software for manual count; and
(e)
Record in the audit log:
(i)
The team identifier;
(ii)
The voter verifiable paper records issued to the team; and
(iii)
Upon completion, the voter verifiable paper records returned by the team;
(f)
Enter the vote totals reported by manual count teams on the consolidated tally sheets;
(g)
Compare the results of the manual count against the voting system results for those voter verifiable paper records;
(h)
If there are any inaccuracies, retabulate the voter verifiable paper records;
(i)
If manual and electronic counts agree, complete and sign the tally sheet; and
(j)
Within 24 hours after completion of the audit, submit the results to the State Administrator.
(2)
Sort Method. Each manual count team shall:
(a)
Designate one team member who shall sort and a second team member who shall watch to ensure accuracy;
(b)
Sort all assigned voter verifiable paper records into one of the following batches:
(i)
A batch for each candidate or ballot question response for a contest being audited;
(ii)
A batch for voter verifiable paper records without a vote for a contest being audited;
(iii)
A batch for each officially filed write-in candidate for a contest being audited; and
(iv)
A batch for all other write-in votes;
(c)
If team members do not agree on how a vote should be counted:
(i)
Refer the voter verifiable paper record to the election director; and
(ii)
For auditing purposes only, accept the election director’s determination of how the vote shall be counted;
(d)
Once all of the voter verifiable paper records have been sorted, ensure that each team member independently counts the voter verifiable paper records in each batch;
(e)
If the team members’ results are not identical, retabulate the voter verifiable paper records until obtaining identical results; and
(f)
When the team members’ results are identical:
(i)
Record the vote totals on the batch tally sheet;
(ii)
Sign the batch tally sheet; and
(iii)
Give the batch tally sheet and the voter verifiable paper records to the election director.
(3)
Tally Method. Each manual count team shall:
(a)
Include one caller, one watcher, and two tally clerks;
(b)
For each voter verifiable paper record assigned to it:
(i)
Have its caller call the votes cast in the contests being audited;
(ii)
Have its watcher ensure the accuracy of the calling; and
(iii)
Have its two tally clerks independently record the votes as they are called;
(c)
Ensure that its tally clerks periodically compare their results;
(d)
If the tally clerks’ results are not identical, retabulate voter verifiable paper records beginning with the point of the last successful comparison check, and repeat until the two tally clerks obtain identical results; and
(e)
When all votes assigned to the team have been tallied, ensure that its tally clerks:
(i)
Record the vote totals on the batch tally sheet;
(ii)
Sign the batch tally sheet; and
(iii)
Give the batch tally sheet and the voter verifiable paper records to the election director.
(4)
Resolving Electronic Count.
(a)
If the manual count of results in an audited contest does not confirm the electronic count of results for that contest, the local board of canvassers shall investigate the matter to determine an accurate result, including:
(i)
A review of all tally sheets and other documentary materials from the risk-limiting audit;
(ii)
A review of all canvass minutes;
(iii)
Interviews with the election director; and
(iv)
Any other information that would explain the difference between the audit and the electronic count of results.
(b)
No later than 3 days after beginning the investigation, the local board of canvassers shall:
(i)
Provide to the State Administrator written findings explaining the difference; and
(ii)
If it concludes that the electronic count is inaccurate, adopt corrections to certified results in accordance with Election Law, §§11-308 and 11-401, Annotated Code Maryland.

Regulation .10 Post-Election Audit — Ballot Tabulation Audit — Automated Audit.Copy Citation

A.
The State Administrator shall complete the automated audit of:
(1)
Early voting and election day results before the local boards of canvassers certify the election results; and
(2)
Absentee and provisional results before the State Board of Canvassers certifies the election results.
B.
The State Administrator shall not provide the entity performing the automated audit software with detailed results from the voting system until the entity provides the State Administrator with the results generated by the audit.