Chapter 05. Recount Procedures — Optical Scan Voting System
Regulation .01 Scope.LinkCopy Citation
This chapter applies to the recount of votes that were cast on ballots and counted using an optical scan system.
Regulation .02 Optional Recount Methods.LinkCopy Citation
For votes to be recounted under this chapter, the petitioner shall specify whether the recount shall be conducted by:
A.
Manually retabulating the printed election totals reports;
B.
Rescanning all ballots using:
(1)
The same vote tabulating equipment that was used in the election; or
(2)
Alternative vote tabulating equipment, if alternative equipment is available and its use is feasible;
C.
Manually retabulating all ballots; or
D.
Any other recount option approved by the State Administrator.
Regulation .03 Using Tabulating Equipment.LinkCopy Citation
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.
Regulation .04 Manual Recount—General.LinkCopy Citation
A.
Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted manually.
B.
Methods.
(1)
For recounting a ballot question contest or a candidate contest in which a voter casts not more than one vote, the sort method specified in Regulation .05 of this chapter shall be used.
(2)
For all other contests, the tally method specified in Regulation .06 of this chapter shall be used.
C.
Preparation. The election director shall:
(1)
Assemble all materials needed to conduct the recount; and
(2)
Appoint the special teams needed for the recount, assigning a team identifier to each (for example, “Team A”, “Team B”, etc.).
D.
Issuing Ballots.
(1)
The election director shall then:
(a)
Issue the 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.
Evaluating Ballot Validity.
(1)
Each team shall first evaluate the ballots to ensure that they are valid in accordance with recount procedures established by the State Board.
(2)
If a team does not agree or cannot decide on the validity of a ballot or vote, the team shall refer the ballot to the election director, who shall submit it to the board for determination.
F.
Recount. The special teams shall then proceed to recount the remaining ballots, as provided in Regulation .05 or .06 of this chapter, as the case may be.
G.
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.
H.
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.
Regulation .05 Manual Recount—Sort Method.LinkCopy Citation
A.
Sorting.
(1)
One team member shall sort and the other team member shall watch to ensure accuracy.
(2)
The ballots shall be sorted as follows:
(a)
A batch for each candidate or ballot question response selected by the voter;
(b)
A batch for ballots without a vote for the contest being tabulated;
(c)
For general elections, a batch for ballots for each officially filed write-in candidate; and
(d)
For general elections, a batch for all other write-in votes.
B.
Recount Procedure.
(1)
When all ballots have been sorted, each team member shall independently count the ballots in each batch.
(2)
If the team members' results are not identical, they shall recount the ballots until they obtain identical results.
(3)
When the team members' results are identical, they shall:
(a)
Record the vote totals on the precinct tally sheet;
(b)
Sign the precinct tally sheet; and
(c)
Give the precinct tally sheet and the recounted ballots to the election director.
(4)
The election director shall then enter that precinct's totals on the contest tally sheet.
Regulation .06 Manual Recount—Tally Method.LinkCopy Citation
A.
Team Composition.
(1)
For the tally method, each special team shall comprise:
(a)
One caller;
(b)
Two tally clerks; and
(c)
One watcher.
(2)
When practicable, the caller and watcher shall be of different party affiliations.
B.
Recount Procedure.
(1)
For each ballot:
(a)
The caller shall call the votes cast in the contest being recounted;
(b)
The watcher shall ensure the accuracy of the calling; and
(c)
The two tally clerks shall each independently record the votes as they are called.
(2)
Periodically, the tally clerks shall compare their results to make sure they are identical.
(3)
If the results are not identical, the count shall be redone, beginning with the point of the last successful comparison check, until the two tally clerks obtain identical results.
(4)
When all votes in the precinct have been tallied, the tally clerks shall:
(a)
Record the vote totals on the precinct tally sheet;
(b)
Sign the precinct tally sheet; and
(c)
Give the precinct tally sheet and the recounted ballots to the election director.
(5)
The election director shall then enter that precinct's totals on the contest tally sheet.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709)
History: Regulation .01 amended as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); amended permanently effective February 14, 2005 (32:3 Md. R. 290)
History: Regulation .01 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); amended permanently effective March 9, 2009 (36:5 Md. R. 424)
History: Regulation .02 amended as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); amended permanently effective February 14, 2005 (32:3 Md. R. 290)
History: Regulation .02 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424)
History: Regulation .02 amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .03 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424)
History: Regulation .03B amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .05A amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424)