# COMAR Title 33 — State Board of Elections

## Subtitle 09 — Voting Systems — Certification and General Requirements

### Chapter 02 — Minimum System Requirements

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 9-102(b), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.07 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 636); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)

**Administrative History:** Regulation .04 amended effective August 19, 2013 (40:16 Md. R. 1346)

#### Regulation .01 In General.

*COMAR 33.09.02.01*

The requirements of this chapter represent a minimum level of the system capabilities needed to assure reliable and accurate elections.

#### Regulation .02 Voting Options.

*COMAR 33.09.02.02*

A. In General. The voting system shall permit each voter to vote in any election:

  (1) For all individuals and offices for which the voter is entitled to vote;

  (2) For as many individuals for an office as the voter is entitled to vote for; and

  (3) For or against any question on which the voter is entitled to vote.

B. Presidential and Gubernatorial Candidates. The voting system shall permit a voter in a:

  (1) Presidential general election, to vote by one operation for electors for a pair of candidates for president and vice-president of the United States; and

  (2) Gubernatorial election, to vote by one operation for a pair of candidates for governor and lieutenant-governor of Maryland.

C. Write-In Option (General Elections). The voting system shall:

  (1) Provide a method for write-in voting in general elections; and

  (2) Report the number of votes cast in each contest in write-in voting positions.

D. Adjustment for Primaries. In a primary election, the voting system shall be capable of adjustment so that a voter is:

  (1) Able to vote for candidates seeking nomination by:

    (a) The party with which the voter is affiliated, or

    (b) A party that otherwise authorizes that voter's participation; and

  (2) Precluded from voting for candidates seeking nomination by any other party.

#### Regulation .03 Secrecy.

*COMAR 33.09.02.03*

The voting system shall ensure voting in secrecy.

#### Regulation .04 Counter.

*COMAR 33.09.02.04*

Each voting machine shall be equipped with a public counter that, during any period of voting, will show the total number of voters who have operated the machine during that period of voting.

#### Regulation .05 Registering and Recording Votes.

*COMAR 33.09.02.05*

A. In General. The voting system shall correctly register and record votes that have been properly voted.

B. Over-Voting or Improper Voting. The voting system may not count the votes in a contest that has been over-voted or otherwise improperly voted.

C. Misplaced Votes. In vote counting, the voting system shall ignore any mark that is not in a voting position:

  (1) For a candidate whose name is on the ballot;

  (2) Designated for write-in voting; or

  (3) For a question printed on the ballot.

#### Regulation .06 Ballot Totaling and Reporting.

*COMAR 33.09.02.06*

A. What To Be Reported. The voting system shall total and report:

  (1) The number of ballots voted in an election;

  (2) The number of votes cast for a candidate;

  (3) The number of votes cast for or against a question;

  (4) The number of undervotes in a contest; and

  (5) In a primary election:

    (a) The number of ballots voted in each party's primary, and

    (b) The number of ballots voted in any nonpartisan ballot election.

B. How To Be Reported. For each of these items, the voting system shall report by:

  (1) Precinct; and

  (2) Groups of precincts (such as districts, wards, and countywide).

#### Regulation .07 Audit Trail Required.

*COMAR 33.09.02.07*

The voting system shall be capable of providing an audit trail of all ballots cast so that, in a recount, the election can be reconstructed, starting with the individual votes of all eligible voters.