Maryland 2022 Regular Session

Maryland House Bill HB745

Introduced
2/3/22  
Refer
2/3/22  
Report Pass
3/17/22  
Engrossed
3/18/22  

Caption

Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

Impact

The passage of HB 745 signifies a meaningful change in the approach to election audits in Maryland. By requiring risk-limiting audits, the bill introduces a statistical method that ensures a significant chance of detecting discrepancies, should they occur. The audits are designed to be transparent and allow for public observation, enhancing accountability. Moreover, the legislation requires that any findings that differ from electronic counts must lead to a revision of the official election results if inaccuracies are uncovered. This level of scrutiny is likely to impact legislative and public perceptions of election efficacy and trustworthiness in the state.

Summary

House Bill 745 aims to enhance the accuracy and integrity of elections in Maryland by instituting risk-limiting audits following statewide elections. The bill mandates the State Board of Elections, in collaboration with local boards of elections, to conduct these audits to ensure the accuracy of vote tabulations. It introduces a shift from previous auditing requirements by allowing the State Board the option to perform automated software audits while removing the previous requirement for a manual audit after each general election. This emphasis on risk-limiting audits aims to systematically verify election outcomes against electronic counts, thereby bolstering public confidence in electoral processes.

Sentiment

Overall sentiment surrounding HB 745 is cautiously optimistic. Advocates for the bill, including election integrity groups and concerned citizens, see it as a vital step toward ensuring that elections are fair and transparent. Critics may view the additional auditing measures as bureaucratic overreach or express concerns about the resource implications of conducting these audits. Nonetheless, the bipartisan support observed during its passage reflects a shared recognition of the need to uphold electoral integrity within the state's legislative agenda.

Contention

Notable points of contention regarding HB 745 stem from the debate on the balance between ensuring electoral integrity and managing the administrative burdens imposed on election officials. Some legislators argue that while audits are necessary, the resources required to conduct comprehensive risk-limiting audits may strain local election boards. Additionally, the philosophies of differing party lines regarding state versus local control of election processes may create friction in discussions about the execution and funding of these audits. The implementation of this bill presents the challenge of reconciling the need for security in elections with the operational realities of local election offices.

Companion Bills

MD SB742

Crossfiled Election Law – Postelection Tabulation Audits – Risk–Limiting Audits

Previously Filed As

MD HB572

Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

MD SB742

Election Law – Postelection Tabulation Audits – Risk–Limiting Audits

MD HB40

Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

MD SB523

Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

MD HB426

Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

MD SB313

Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

MD HB1348

Election Law - Manual Postelection Tabulation Audit - Timing and Selection

MD AB2125

Election results: risk-limiting audits.

MD AB2400

Election results: risk-limiting audits.

MD HB1199

Require postelection audits.

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