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Chapter 04. Central Count Procedures

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Regulation .01 Scope.Copy Citation

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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

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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Regulation .03 Ballot Box Inspection — Repealed.Copy Citation

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Regulation .04 Ballot Inspection — Repealed.Copy Citation

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Regulation .05 Ballot Duplication — Team Method.Copy Citation

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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

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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

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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

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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 annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 11-201, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.07 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)
History: Chapter recodified from COMAR 33.08.03 to COMAR 33.08.04 as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); recodified permanently effective January 6, 2005 (31:26 Md. R. 1868)
History: Regulation .01B amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .02A amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .04C amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .05B amended effective June 25, 2012 (39:12 Md. R. 746)
History: Regulation .06B amended effective April 19, 2010 (37:8 Md. R. 624)
History: Chapter revised effective July 23, 2012 (39:14 Md. R. 839)
History: Regulation .03 repealed effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .04 repealed effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .07A amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .08 amended effective February 29, 2016 (43:4 Md. R. 335)