<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 33.08.05.07" title_num="33" subtitle_num="08" chapter_num="05" heading="Post-Election Audit — Absentee and Provisional Voting.">
  <paragraph num="A.">
    <text>The State Administrator shall establish the number of absentee and provisional ballots to be audited.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The election director shall randomly select and review:</text>
    <paragraph num="(1)">
      <text>Accepted absentee ballots to determine whether each ballot was properly accepted by confirming that:</text>
      <paragraph num="(a)">
        <text>A timely absentee ballot request was received from the voter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The absentee ballot was timely received as provided under COMAR 33.11.03.08;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Rejected absentee ballots to determine whether each ballot was properly rejected by confirming that:</text>
      <paragraph num="(a)">
        <text>The absentee ballot was not timely received as provided under COMAR 33.11.03.08; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The absentee ballot was rejected for another valid reason;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Accepted provisional ballots to determine whether each ballot was properly accepted by confirming that:</text>
      <paragraph num="(a)">
        <text>On or before election day, the voter was registered to vote and voted the ballot for the precinct in which the voter resides; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All other applicable acceptance criteria were met;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Partially accepted provisional ballots to determine whether each ballot was properly partially accepted by confirming that:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All other applicable acceptance criteria were met; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Rejected provisional ballots to determine whether each ballot was properly rejected by confirming that:</text>
      <paragraph num="(a)">
        <text>On or before election day, the voter was not registered to vote; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The voter’s ballot was rejected for another valid reason.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Notification. The election director shall provide a copy of the materials reviewed under §B of this regulation to:</text>
    <paragraph num="(1)">
      <text>The local board of canvassers at the time of certification; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State Administrator after certification.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Certifying the election.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the audit demonstrates that absentee and provisional ballots were improperly accepted and that discrepancy is:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>