EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0642*
HOUSE BILL 642
G1 3lr2619
CF SB 339
By: Delegates Grossman, Allen, Fair, and McCaskill
Introduced and read first time: February 6, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Recounts – Procedures 2
FOR the purpose of requiring a petitioner for a recount to select the method for conducting 3
the recount; limiting the methods from which the selection must be made; requiring 4
a local board of elections to preserve and store certain voter–verifiable paper records 5
in a certain manner and count only voter–verifiable paper records in a manual 6
recount; and generally relating to recount procedures. 7
BY repealing and reenacting, without amendments, 8
Article – Election Law 9
Section 9–102(a) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2022 Supplement) 12
BY adding to 13
Article – Election Law 14
Section 12–108 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2022 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Election Law 20
9–102. 21
(a) In this section, a “voter–verifiable paper record” includes: 22
(1) a paper ballot prepared by the voter for the purpose of being read by a 23
precinct–based optical scanner; 24 2 HOUSE BILL 642
(2) a paper ballot prepared by the voter to be mailed to the applicable local 1
board, whether mailed from a domestic or an overseas location; and 2
(3) a paper ballot created through the use of a ballot marking device. 3
12–108. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “DUPLICATE BALLOT ” MEANS A PAPER BALLOT THAT: 7
(I) IS A FACSIMILE OF A VOTER–VERIFIABLE PAPER REC ORD; 8
AND 9
(II) IS CREATED BY A LOCA L BOARD FOR PURPOSES OF 10
MACHINE TABULATION B ECAUSE THE VOTER –VERIFIABLE PAPER REC ORD 11
SUBMITTED BY THE VOT ER IS NOT ACCEPTABLE FOR MACHINE TABULATI ON. 12
(3) “VOTER–VERIFIABLE PAPER REC ORD” HAS THE MEANING STAT ED 13
IN § 9–102 OF THIS ARTICLE. 14
(B) (1) IN A RECOUNT UNDER TH IS SUBTITLE, SUBJECT TO PARA GRAPH 15
(2) OF THIS SUBSECTION , THE PETITIONER SHALL SELECT THE METHOD FO R 16
CONDUCTING THE RECOU NT. 17
(2) THE PETITIONER MAY SE LECT ONLY ONE OF THE FOLLOWING 18
METHODS: 19
(I) RESCANNING THE BALLO TS USING: 20
1. THE SAME VOTE TABULA TING EQUIPMENT THAT WAS 21
USED IN THE ELECTION ; OR 22
2. ALTERNATIVE VOTE TAB ULATING EQUIPMENT , IF 23
ALTERNATIVE EQUIPMEN T IS AVAILABLE AND I TS USE IS FEASIBLE, AS DETERMINED 24
BY THE STATE BOARD; 25
(II) A MANUAL RECOUNT OF VOTER–VERIFIABLE PAPER 26
RECORDS; OR 27
(III) ANY OTHER RE COUNT METHOD APPROVE D BY THE STATE 28
ADMINISTRATOR . 29 HOUSE BILL 642 3
(C) A LOCAL BOARD SHALL : 1
(1) PRESERVE THE VOTER –VERIFIABLE PAPER REC ORD 2
CORRESPONDING TO EAC H DUPLICATE BALLOT T HAT IS CREATED; 3
(2) STORE EACH DUPLICATE BALLOT THAT IS CREAT ED TOGETHER 4
WITH THE CORRESPONDING VOTER –VERIFIABLE PAPER REC ORD; AND 5
(3) COUNT ONLY THE VOTER –VERIFIABLE PAPER REC ORD, NOT THE 6
DUPLICATE BALLOT , IN A MANUAL RECOUNT UNDER THIS SUBTITLE . 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2023. 9