Maryland 2024 Regular Session

Maryland House Bill HB40

Introduced
1/10/24  
Refer
1/10/24  
Report Pass
2/19/24  
Engrossed
2/22/24  

Caption

Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

Impact

The implementation of HB40 signifies a considerable shift in the electoral oversight framework within Maryland. By moving to risk-limiting audits from the previously required manual audits, the bill suggests a more statistically sound method of verifying election outcomes, potentially increasing public trust in electoral processes. It also removes the mandatory manual audits after each statewide general election, which might streamline the auditing process but raises concerns regarding maintaining comprehensive oversight. Overall, the bill introduces a structured approach to election audits that aims to enhance accountability and transparency in electoral outcomes.

Summary

House Bill 40 aims to enhance the integrity and accuracy of election processes in Maryland by establishing mandatory risk-limiting audits following statewide elections. The bill mandates the State Board of Elections, in collaboration with local boards, to conduct a statistical audit of election results, which minimizes the risk of undetected errors in tabulation. This system allows for a random selection of voter-verified paper records to be examined manually, striving to ensure the accuracy of electronic vote counts while ensuring the audits are observable by the public. Additionally, the bill allows the State Board to conduct pilot audits in three counties during the November 2024 elections, representing a proactive approach to identifying and mitigating potential electoral discrepancies before they become systemic problems.

Sentiment

The sentiment surrounding HB40 appears to be generally positive among pro-election integrity advocates and lawmakers, who see the bill as a critical step towards safeguarding democratic processes. Many proponents argue that it will help restore public confidence in elections and ensure more accurate outcomes. However, there are apprehensions from some legislators and community groups about whether the reduction of required manual audits might inadequately address certain vulnerabilities in vote tabulation. The discussions reflect a balancing act between implementing cost-effective measures while still ensuring that the integrity of election processes remains a priority.

Contention

Notable points of contention include concerns from opposing legislators regarding the potential risks involved in reducing manual audits. Critics argue that this shift might create gaps in the verification process that could be exploited, leading to inaccuracies in election results. Moreover, discussions revolve around the scalability of pilot audits and whether they will suffice as a long-term solution to maintain electoral integrity. The challenge will be ensuring that while aiming for efficiency, the state does not compromise on transparency and accountability measures necessary to uphold voter trust.

Companion Bills

MD SB523

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

MD HB572

Carry Over Election Law - Postelection Tabulation Audits - Risk-Limiting Audits

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