EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0339*
SENATE BILL 339
G1 3lr0501
CF HB 642
By: Senator Kagan
Introduced and read first time: January 30, 2023
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2023
CHAPTER ______
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 duplicate ballots 6
in a manual recount after a certain review; and generally relating to recount 7
procedures. 8
BY repealing and reenacting, without amendments, 9
Article – Election Law 10
Section 9–102(a) 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2022 Supplement) 13
BY adding to 14
Article – Election Law 15
Section 12–108 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2022 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Election Law 21 2 SENATE BILL 339
9–102. 1
(a) In this section, a “voter–verifiable paper record” includes: 2
(1) a paper ballot prepared by the voter for the purpose of being read by a 3
precinct–based optical scanner; 4
(2) a paper ballot prepared by the voter to be mailed to the applicable local 5
board, whether mailed from a domestic or an overseas location; and 6
(3) a paper ballot created through the use of a ballot marking device. 7
12–108. 8
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(2) “DUPLICATE BALLOT ” MEANS A PAPER BALLOT THAT: 11
(I) IS A FACSIMILE OF A VOTER–VERIFIABLE PAPER REC ORD; 12
AND 13
(II) (I) IS CREATED BY A LOCA L BOARD FOR PURPOSES OF 14
MACHINE VOTE TABULATION BY AN OPTICAL SCANNE R BECAUSE THE 15
VOTER–VERIFIABLE PAPER REC ORD SUBMITTED BY THE VOTER IS NOT ACCEPTA BLE 16
FOR MACHINE VOTE TABULATION BY AN OPTICAL SCANNE R; AND 17
(II) IS A COPY OF A VOTER –VERIFIABLE PAPER REC ORD THAT: 18
1. FOR AN ABSENTEE BALLOT R ETURNED BY MAIL , 19
REFLECTS THE INTENT OF THE VOTER; OR 20
2. FOR A PROVISIONAL BA LLOT, INCLUDES ONLY THE 21
VOTES FOR CONTESTS F OR WHICH THE VOTER I S ELIGIBLE TO VOTE . 22
(3) “VOTER–VERIFIABLE PAPER REC ORD” HAS THE MEANING STAT ED 23
IN § 9–102 OF THIS ARTICLE. 24
(B) (1) IN A RECOUNT UNDER TH IS SUBTITLE, SUBJECT TO PARAGRAPH 25
(2) OF THIS SUBSECTION , THE PETITIONER SHALL SELECT THE METHOD FO R 26
CONDUCTING THE RECOU NT. 27
(2) THE PETITIONER MAY SE LECT ONLY ONE OF THE FOLLOWING 28
METHODS: 29 SENATE BILL 339 3
(I) RESCANNING THE BALLO TS USING: 1
1. THE SAME VOTE TABULA TING EQUIPMENT THAT WAS 2
USED IN THE ELECTION ; OR 3
2. ALTERNATIVE VOTE TAB ULATING EQUIPMENT , IF 4
ALTERNATIVE EQUIPMEN T IS AVAILABLE AND I TS USE IS FEASIBLE, AS DETERMINED 5
BY THE STATE BOARD; 6
(II) A MANUAL RECOUNT OF VOTER–VERIFIABLE PAPER 7
RECORDS; OR 8
(III) ANY OTHER RECOUNT ME THOD APPROVED BY THE STATE 9
ADMINISTRATOR . 10
(C) A LOCAL BOARD SHALL : 11
(1) PRESERVE THE VOTER –VERIFIABLE PAPER REC ORD 12
CORRESPONDING TO EAC H DUPLICATE BALLOT T HAT IS CREATED; 13
(2) STORE EACH DUPLICATE BALLOT THAT IS CREAT ED TOGETHER 14
WITH THE CORRESPONDI NG VOTER–VERIFIABLE PAPER REC ORD; AND 15
(3) IN A MANUAL RECOUNT UNDER THIS SUBTITLE, COUNT ONLY THE 16
VOTER–VERIFIABLE PAPER RECORD , NOT THE DUPLICATE BALLOT , IN A MANUAL 17
RECOUNT UNDER THIS S UBTITLE AFTER REVIEW OF THE VOTER–VERIFIABLE PAPER 18
RECORD. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2023. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.