# COMAR Title 33 — State Board of Elections

## Subtitle 12 — Recounts

### Chapter 05 — Recount Procedures — Optical Scan Voting System

#### Regulation .03 Using Tabulating Equipment.

*COMAR 33.12.05.03*

A. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted on vote tabulating equipment.

B. Preparation. The election director shall:

  (1) Where applicable, prepare the tabulating unit certified for use in the State;

  (2) Assemble all materials needed to conduct the recount; and

  (3) Appoint the special teams needed for the recount, assigning a team identifier to each (for example, “Team A”, “Team B”, etc.).

C. Precount Testing. Immediately before ballots are recounted, the election director shall assign a special team to conduct the appropriate logic and accuracy test.

D. Issuing Ballots.

  (1) The election director shall then:

    (a) Issue ballots for recounting to the special teams; and

    (b) Record in the recount log:

      (i) The team identifier;

      (ii) The ballots issued to the team; and

      (iii) Later, the ballots returned by the team.

  (2) Each team may be issued the ballots of only one precinct at a time.

  (3) The ballots shall be issued to a team in batches consisting of a controllable number of ballots (for example, 25).

E. Recount Procedure.

  (1) Each special team shall:

    (a) Retabulate the ballots for the precinct assigned;

    (b) Record the vote totals from the precinct on the precinct tally sheet;

    (c) Sign the precinct tally sheet; and

    (d) Give the precinct tally sheet and retabulated ballots to the election director.

  (2) The election director shall then:

    (a) Recalculate the totals on the precinct tally sheets; and

    (b) Enter those totals on the contest tally sheet.

F. Securing Materials. After each precinct has been recounted, the election director shall:

  (1) Secure the ballots from that precinct;

  (2) Invite all interested parties to verify the security; and

  (3) Place the ballots in a locked area.

G. Certification.

  (1) After all precincts have been recounted, the election director shall:

    (a) Complete and sign the contest tally sheet; and

    (b) Present the contest and precinct tally sheets to the local board.

  (2) The board shall:

    (a) Recalculate the totals reported on the contest tally sheet; and

    (b) If the totals are correct, sign the recount certification statement on the contest tally sheet.