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.
*sb0115*
SENATE BILL 115
G1 EMERGENCY BILL 4lr0694
SB 339/23 – EEE (PRE–FILED) CF HB 371
By: Senator Kagan
Requested: September 24, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 8, 2024
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 duplicate ballots the voter–verifiable paper record in 6
a manual recount after a certain review; establishing the process for an automated 7
recount; and generally relating to recount 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 2023 Supplement) 13
BY adding to 14
Article – Election Law 15
Section 12–108 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
2 SENATE BILL 115
Article – Election Law 1
9–102. 2
(a) In this section, a “voter–verifiable paper record” includes: 3
(1) a paper ballot prepared by the voter for the purpose of being read by a 4
precinct–based optical scanner; 5
(2) a paper ballot prepared by the voter to be mailed to the applicable local 6
board, whether mailed from a domestic or an overseas location; and 7
(3) a paper ballot created through the use of a ballot marking device. 8
12–108. 9
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “DUPLICATE BALLOT ” MEANS A PAPER BALLOT THAT: 12
(I) IS CREATED BY A LOCA L BOARD FOR PURPOSES OF VOTE 13
TABULATION BY AN OPTICAL SCANNER BECAUSE THE VOTER –VERIFIABLE PAPER 14
RECORD SUBMITTED BY THE VOTER IS NOT ACC EPTABLE FOR VOTE TABULATION BY 15
AN OPTICAL SCANNER ; AND 16
(II) IS A COPY OF A VOTER –VERIFIABLE PAPER REC ORD THAT: 17
1. FOR AN ABSENTEE BALL OT RETURNED BY MAIL, 18
REFLECTS THE INTENT OF THE VOTER; OR 19
2. FOR A PROVISIONAL BA LLOT, INCLUDES ONLY THE 20
VOTES FOR CONTESTS F OR WHICH THE VOTER I S ELIGIBLE TO VOTE . 21
(3) “VOTER–VERIFIABLE PAPER REC ORD” HAS THE MEANING STAT ED 22
IN § 9–102 OF THIS ARTICLE. 23
(B) (1) IN A RECOUNT UNDER TH IS SUBTITLE, SUBJECT TO PARAGRAPH 24
(2) OF THIS SUBSECTION , THE PETITIONER SHALL SELECT THE METHOD FO R 25
CONDUCTING THE RECOU NT. 26
(2) THE PETITIONER MAY SE LECT ONLY ONE OF THE FOLLOWING 27
METHODS: 28
(I) RESCANNING THE BALLO TS USING: 29 SENATE BILL 115 3
1. THE SAME VOTE TABULA TING EQUIPMENT THAT WAS 1
USED IN THE ELECTION ; OR 2
2. ALTERNATIVE VOTE TAB ULATING EQUIPMENT , IF 3
ALTERNATIVE EQUIPMEN T IS AVAILABLE AND I TS USE IS FEASIBLE, AS DETERMINED 4
BY THE STATE BOARD; 5
(II) A MANUAL RECOUNT OF VOTER–VERIFIABLE PAPER 6
RECORDS; OR 7
(III) ANY OTHER RECOUNT ME THOD APPROVED BY THE STATE 8
ADMINISTRATOR . 9
(C) A LOCAL BOARD SHALL : 10
(1) PRESERVE THE VOTER –VERIFIABLE PAPER REC ORD 11
CORRESPONDING TO EAC H DUPLICATE BALLOT T HAT IS CREATED; AND 12
(2) STORE EACH DUPLICATE BALLOT THA T IS CREATED TOGETHE R 13
WITH THE CORRESPONDI NG VOTER–VERIFIABLE PAPER REC ORD; AND. 14
(3) (D) IN IN A MANUAL RECOUNT UND ER THIS SUBTITLE , A LOCAL 15
BOARD SHALL COUNT THE DUPLICATE BALLOT VOTER–VERIFIABLE PAPER REC ORD 16
AFTER REVIEW OF THE VOTER–VERIFIABLE PAPER REC ORD. 17
(E) IN AN AUTOMATED RECOU NT UNDER THIS SUBTIT LE, A LOCAL BOARD : 18
(1) SHALL EXAMINE THE VO TER–VERIFIABLE PAPER REC ORD AND 19
DUPLICATE BALLOT ; AND 20
(2) (I) IF THE VOTER –VERIFIABLE PAPER REC ORD AND 21
DUPLICATE BALLOT DO NOT MATCH, SHALL COUNT THE BALL OT THAT ACCURATELY 22
REFLECTS THE VOTER ’S INTENT; OR 23
(II) IF THE VOTER –VERIFIABLE PAPER REC ORD AND 24
DUPLICATE BALLOT MAT CH, MAY COUNT THE DUPLIC ATE BALLOT. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 26
measure, is necessary for the immediate preservation of the public health or safety, has 27
been passed by a yea and nay vote supported by three–fifths of all the members elected to 28
each of the two Houses of the General Assembly, and shall take effect from the date it is 29
enacted. 30