EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0115*
SENATE BILL 115
G1 EMERGENCY BILL 4lr0694
SB 339/23 – EEE (PRE–FILED) CF 4lr1711
By: Senator Kagan
Requested: September 24, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
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 duplicate ballots in a manual recount after a certain 6
review; 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 2023 Supplement) 12
BY adding to 13
Article – Election Law 14
Section 12–108 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 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
2 SENATE BILL 115
(1) a paper ballot prepared by the voter for the purpose of being read by a 1
precinct–based optical scanner; 2
(2) a paper ballot prepared by the voter to be mailed to the applicable local 3
board, whether mailed from a domestic or an overseas location; and 4
(3) a paper ballot created through the use of a ballot marking device. 5
12–108. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “DUPLICATE BALLOT ” MEANS A PAPER BALLOT THAT: 9
(I) IS CREATED BY A LOCA L BOARD FOR PURPOSES OF VOTE 10
TABULATION BY AN OPT ICAL SCANNER BECAUSE THE VOTER –VERIFIABLE PAPER 11
RECORD SUBMITTED BY THE VOTER IS NOT ACC EPTABLE FOR VOTE TABULATION BY 12
AN OPTICAL SCANNER ; AND 13
(II) IS A COPY OF A VOTER –VERIFIABLE PAPER RECORD T HAT: 14
1. FOR AN ABSENTEE BALL OT RETURNED BY MAIL , 15
REFLECTS THE INTENT OF THE VOTER; OR 16
2. FOR A PROVISIONAL BA LLOT, INCLUDES ONLY THE 17
VOTES FOR CONTESTS F OR WHICH THE VOTER I S ELIGIBLE TO VOTE . 18
(3) “VOTER–VERIFIABLE PAPER REC ORD” HAS THE MEANING STAT ED 19
IN § 9–102 OF THIS ARTICLE. 20
(B) (1) IN A RECOUNT UNDER TH IS SUBTITLE, SUBJECT TO PARAGRAPH 21
(2) OF THIS SUBSECTION , THE PETITIONER SHALL SELECT THE METHOD FO R 22
CONDUCTING THE RECOU NT. 23
(2) THE PETITIONER MAY SELECT ONL Y ONE OF THE FOLLOWI NG 24
METHODS: 25
(I) RESCANNING THE BALLO TS USING: 26
1. THE SAME VOTE TABULA TING EQUIPMENT THAT WAS 27
USED IN THE ELECTION ; OR 28
SENATE BILL 115 3
2. ALTERNATIVE VOTE TAB ULATING EQUIPMENT , IF 1
ALTERNATIVE EQUIPMEN T IS AVAILABLE AND ITS USE IS FEASIBLE, AS DETERMINED 2
BY THE STATE BOARD; 3
(II) A MANUAL RECOUNT OF VOTER–VERIFIABLE PAPER 4
RECORDS; OR 5
(III) ANY OTHER RECOUNT ME THOD APPROVED BY THE STATE 6
ADMINISTRATOR . 7
(C) A LOCAL BOARD SHALL : 8
(1) PRESERVE THE VOTER –VERIFIABLE PAPER REC ORD 9
CORRESPONDING TO EAC H DUPLICATE BALLOT T HAT IS CREATED; 10
(2) STORE EACH DUPLICATE BALLOT THAT IS CREAT ED TOGETHER 11
WITH THE CORRESPONDI NG VOTER–VERIFIABLE PAPER REC ORD; AND 12
(3) IN A MANUAL RECOUNT UNDER THIS SUBTITLE, COUNT THE 13
DUPLICATE BALLOT AFT ER REVIEW OF THE VOT ER–VERIFIABLE PAPER REC ORD. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 15
measure, is necessary for the immediate preservation of the public health or safety, has 16
been passed by a yea and nay vote supported by three–fifths of all the members elected to 17
each of the two Houses of the General Assembly, and shall take effect from the date it is 18
enacted. 19