MD
Maryland Senate Bill SB339

Maryland 2023 Regular Session

Maryland Senate Bill SB339 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0339*
96
107 SENATE BILL 339
118 G1 3lr0501
12- CF HB 642
9+ CF 3lr2619
1310 By: Senator Kagan
1411 Introduced and read first time: January 30, 2023
1512 Assigned to: Education, Energy, and the Environment
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 25, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Election Law – Recounts – Procedures 2
2519
2620 FOR the purpose of requiring a petitioner for a recount to select the method for conducting 3
2721 the recount; limiting the methods from which the selection must be made; requiring 4
2822 a local board of elections to preserve and store certain voter–verifiable paper records 5
29-in a certain manner and count only voter–verifiable paper records duplicate ballots 6
30-in a manual recount after a certain review; and generally relating to recount 7
31-procedures. 8
23+in a certain manner and count only voter–verifiable paper records in a manual 6
24+recount; and generally relating to recount procedures. 7
3225
33-BY repealing and reenacting, without amendments, 9
34- Article – Election Law 10
35-Section 9–102(a) 11
36- Annotated Code of Maryland 12
37- (2022 Replacement Volume and 2022 Supplement) 13
26+BY repealing and reenacting, without amendments, 8
27+ Article – Election Law 9
28+Section 9–102(a) 10
29+ Annotated Code of Maryland 11
30+ (2022 Replacement Volume and 2022 Supplement) 12
3831
39-BY adding to 14
40- Article – Election Law 15
41-Section 12–108 16
42- Annotated Code of Maryland 17
43- (2022 Replacement Volume and 2022 Supplement) 18
32+BY adding to 13
33+ Article – Election Law 14
34+Section 12–108 15
35+ Annotated Code of Maryland 16
36+ (2022 Replacement Volume and 2022 Supplement) 17
4437
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46-That the Laws of Maryland read as follows: 20
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39+That the Laws of Maryland read as follows: 19
4740
48-Article – Election Law 21 2 SENATE BILL 339
41+Article – Election Law 20
42+
43+9–102. 21
44+
45+ (a) In this section, a “voter–verifiable paper record” includes: 22
46+
47+ (1) a paper ballot prepared by the voter for the purpose of being read by a 23
48+precinct–based optical scanner; 24 2 SENATE BILL 339
4949
5050
5151
52-9–102. 1
52+ (2) a paper ballot prepared by the voter to be mailed to the applicable local 1
53+board, whether mailed from a domestic or an overseas location; and 2
5354
54- (a) In this section, a “voter–verifiable paper record” includes: 2
55+ (3) a paper ballot created through the use of a ballot marking device. 3
5556
56- (1) a paper ballot prepared by the voter for the purpose of being read by a 3
57-precinct–based optical scanner; 4
57+12–108. 4
5858
59- (2) a paper ballot prepared by the voter to be mailed to the applicable local 5
60-board, whether mailed from a domestic or an overseas location; and 6
59+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
60+INDICATED. 6
6161
62- (3) a paper ballot created through the use of a ballot marking device. 7
62+ (2) “DUPLICATE BALLOT ” MEANS A PAPER BALLOT THAT: 7
6363
64-12–108. 8
64+ (I) IS A FACSIMILE OF A VOTER–VERIFIABLE PAPER RECORD; 8
65+AND 9
6566
66- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
67-INDICATED. 10
67+ (II) IS CREATED BY A LOCAL B OARD FOR PURPOSES OF 10
68+MACHINE TABULATION BECAUSE THE VOTER–VERIFIABLE PAPER REC ORD 11
69+SUBMITTED BY THE VOT ER IS NOT ACCEPTABLE FOR MACHINE TABULATI ON. 12
6870
69- (2) “DUPLICATE BALLOT ” MEANS A PAPER BALLOT THAT: 11
71+ (3) “VOTER–VERIFIABLE PAPER REC ORD” HAS THE MEANING STAT ED 13
72+IN § 9–102 OF THIS ARTICLE. 14
7073
71- (I) IS A FACSIMILE OF A VOTER–VERIFIABLE PAPER REC ORD; 12
72-AND 13
74+ (B) (1) IN A RECOUNT UNDER THIS SUBTITLE , SUBJECT TO PARAGRAPH 15
75+(2) OF THIS SUBSECTION , THE PETITIONER SHALL SELECT THE METHOD FOR 16
76+CONDUCTING THE RECOU NT. 17
7377
74- (II) (I) IS CREATED BY A LOCA L BOARD FOR PURPOSES OF 14
75-MACHINE VOTE TABULATION BY AN OPTICAL SCANNE R BECAUSE THE 15
76-VOTER–VERIFIABLE PAPER REC ORD SUBMITTED BY THE VOTER IS NOT ACCEPTA BLE 16
77-FOR MACHINE VOTE TABULATION BY AN OPTICAL SCANNE R; AND 17
78+ (2) THE PETITIONER MAY SELECT ONLY ONE OF THE FOLLOWING 18
79+METHODS: 19
7880
79- (II) IS A COPY OF A VOTER –VERIFIABLE PAPER REC ORD THAT: 18
81+ (I) RESCANNING THE BALLOTS USING : 20
8082
81- 1. FOR AN ABSENTEE BALLOT R ETURNED BY MAIL , 19
82-REFLECTS THE INTENT OF THE VOTER; OR 20
83+ 1. THE SAME VOTE TABULAT ING EQUIPMENT THAT W AS 21
84+USED IN THE ELECTION ; OR 22
8385
84- 2. FOR A PROVISIONAL BA LLOT, INCLUDES ONLY THE 21
85-VOTES FOR CONTESTS F OR WHICH THE VOTER I S ELIGIBLE TO VOTE . 22
86+ 2. ALTERNATIVE VOTE TABU LATING EQUIPMENT , IF 23
87+ALTERNATIVE EQUIPMEN T IS AVAILABLE AND I TS USE IS FEASIBLE, AS DETERMINED 24
88+BY THE STATE BOARD; 25
8689
87- (3) “VOTER–VERIFIABLE PAPER REC ORD” HAS THE MEANING STAT ED 23
88-IN § 9–102 OF THIS ARTICLE. 24
90+ (II) A MANUAL RECOUNT OF VOTER–VERIFIABLE PAPER 26
91+RECORDS; OR 27
8992
90- (B) (1) IN A RECOUNT UNDER TH IS SUBTITLE, SUBJECT TO PARAGRAPH 25
91-(2) OF THIS SUBSECTION , THE PETITIONER SHALL SELECT THE METHOD FO R 26
92-CONDUCTING THE RECOU NT. 27
93-
94- (2) THE PETITIONER MAY SE LECT ONLY ONE OF THE FOLLOWING 28
95-METHODS: 29 SENATE BILL 339 3
93+ (III) ANY OTHER RECOUNT METHOD APPROVED BY THE STATE 28
94+ADMINISTRATOR . 29 SENATE BILL 339 3
9695
9796
9897
99- (I) RESCANNING THE BALLO TS USING: 1
98+ (C) A LOCAL BOARD SHALL : 1
10099
101- 1. THE SAME VOTE TABULA TING EQUIPMENT THAT WAS 2
102-USED IN THE ELECTION ; OR 3
100+ (1) PRESERVE THE VOTER –VERIFIABLE PAPER REC ORD 2
101+CORRESPONDING TO EAC H DUPLICATE BALLOT T HAT IS CREATED; 3
103102
104- 2. ALTERNATIVE VOTE TAB ULATING EQUIPMENT , IF 4
105-ALTERNATIVE EQUIPMEN T IS AVAILABLE AND I TS USE IS FEASIBLE, AS DETERMINED 5
106-BY THE STATE BOARD; 6
103+ (2) STORE EACH DUPLICATE BALLO T THAT IS CREATED TOGETHER 4
104+WITH THE CORRESPONDING VOTER–VERIFIABLE PAPER REC ORD; AND 5
107105
108- (II) A MANUAL RECOUNT OF VOTER–VERIFIABLE PAPER 7
109-RECORDS; OR 8
106+ (3) COUNT ONLY THE VOTER –VERIFIABLE PAPER RE CORD, NOT THE 6
107+DUPLICATE BALLOT , IN A MANUAL RECOUNT UNDER THIS S UBTITLE. 7
110108
111- (III) ANY OTHER RECOUNT ME THOD APPROVED BY THE STATE 9
112-ADMINISTRATOR . 10
113-
114- (C) A LOCAL BOARD SHALL : 11
115-
116- (1) PRESERVE THE VOTER –VERIFIABLE PAPER REC ORD 12
117-CORRESPONDING TO EAC H DUPLICATE BALLOT T HAT IS CREATED; 13
118-
119- (2) STORE EACH DUPLICATE BALLOT THAT IS CREAT ED TOGETHER 14
120-WITH THE CORRESPONDI NG VOTER–VERIFIABLE PAPER REC ORD; AND 15
121-
122- (3) IN A MANUAL RECOUNT UNDER THIS SUBTITLE, COUNT ONLY THE 16
123-VOTER–VERIFIABLE PAPER RECORD , NOT THE DUPLICATE BALLOT , IN A MANUAL 17
124-RECOUNT UNDER THIS S UBTITLE AFTER REVIEW OF THE VOTER–VERIFIABLE PAPER 18
125-RECORD. 19
126-
127- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
128-1, 2023. 21
129-
130-
131-
132-
133-Approved:
134-________________________________________________________________________________
135- Governor.
136-________________________________________________________________________________
137- President of the Senate.
138-________________________________________________________________________________
139- Speaker of the House of Delegates.
109+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
110+1, 2023. 9