EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0313*
SENATE BILL 313
G1 5lr1805
SB 523/24 – EEE CF 5lr1806
By: Senator M. Washington
Introduced and read first time: January 13, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Law – Postelection Tabulation Audits – Risk–Limiting Audits 2
FOR the purpose of requiring the State Board of Elections, in collaboration with the local 3
boards of elections, to conduct a risk–limiting audit after each statewide election; 4
authorizing the State Board, in collaboration with the local boards, to conduct a 5
risk–limiting audit after a special general election; authorizing, rather than 6
requiring, the State Board, in collaboration with the local boards, to conduct an 7
automated software audit after a statewide election; repealing a requirement to 8
conduct a manual audit after each statewide general election; and generally relating 9
to postelection tabulation audits. 10
BY repealing and reenacting, with amendments, 11
Article – Election Law 12
Section 11–309 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Election Law 18
11–309. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “AUTOMATED SOFTWARE AUDIT ” MEANS AN AUDIT OF 21
ELECTRONIC IMAGES OF BALLOTS CAST IN AN E LECTION USING SOFTWA RE THAT IS 22
INDEPENDENT OF THE V OTING SYSTEM. 23
2 SENATE BILL 313
(3) “ELECTRONIC COUNT ” MEANS THE VOTE TOTAL S PRODUCED BY 1
THE VOTING SYSTEM . 2
(4) “LOCAL CONTEST ” MEANS A CONTES T THAT: 3
(I) IS NOT A STATEWIDE C ONTEST; AND 4
(II) APPEARS ON THE BALLO T IN ALL OR PART OF A COUNTY, 5
INCLUDING A CONTEST TO REPRESENT A DISTR ICT THAT INCLUDES MO RE THAN ONE 6
COUNTY. 7
[(2)] (5) “Manual [audit”] COUNT” means inspection of voter–verifiable 8
paper records by hand and eye to obtain vote totals in a contest [that are compared to the 9
vote totals produced for that contest by the electronic voting system]. 10
[(3) “Previous comparable general election” means: 11
(i) in a presidential election year, the presidential election held 4 12
years earlier; and 13
(ii) in a gubernatorial election year, the gubernatorial election held 14
4 years earlier.] 15
(6) “RISK LIMIT” MEANS THE SMALL , PREDETERMINED MAXIMU M 16
CHANCE THAT A RISK –LIMITING AUDIT WILL NOT REQUIRE A FULL MANUAL COUNT 17
OF VOTER–VERIFIABLE PAPER REC ORDS IN AN AUDITED C ONTEST IF A FULL 18
MANUAL COUNT OF THE VOTER–VERIFIABLE PAPER REC ORDS WOULD FIND A 19
DIFFERENT OUTCOME TH AN THE OUTCOME DETER MINED BY THE ELECTRO NIC 20
COUNT. 21
(7) “RISK–LIMITING AUDIT ” MEANS A POSTELECTION AUDIT 22
PROCEDURE THAT EMPLO YS STATISTICAL METHO DS TO ENSURE A LARGE , 23
PREDETERMINED MINIMU M CHANCE OF REQUIRIN G A FULL MANUAL COUN T OF 24
VOTER–VERIFIABLE PAPER REC ORDS IN AN AUDITED C ONTEST IF A FULL MAN UAL 25
COUNT OF THE VOTER –VERIFIABLE PA PER RECORDS WOULD FI ND A DIFFERENT 26
OUTCOME THAN THE OUT COME DETERMINED BY T HE ELECTRONIC COUNT . 27
[(4)] (8) “Voter–verifiable paper record” has the meaning stated in § 28
9–102 of this article. 29
[(b) Following each statewide general election, the State Board shall conduct an 30
audit of the accuracy of the voting system’s tabulation of votes by completing: 31
(1) an automated software audit of the electronic images of all ballots cast 32
in the election; and 33 SENATE BILL 313 3
(2) a manual audit of voter–verifiable paper records in accordance with 1
subsection (d) of this section. 2
(c) Following each statewide primary election, the State Board: 3
(1) shall complete an automated software audit of the electronic images of 4
all ballots cast in the election; and 5
(2) may complete a manual audit of voter–verifiable paper records in a 6
manner prescribed by the State Board. 7
(d) (1) Following each statewide general election, the State Board shall 8
complete a manual audit of: 9
(i) at least 2% of precincts statewide, including: 10
1. at least one randomly chosen precinct in each county; and 11
2. additional precincts selected by the State Board; and 12
(ii) a number of votes equal to at least 1% of the statewide total in 13
the previous comparable general election of each of the following, including at least a 14
minimum number of each of the following in each county, as prescribed by the State Board: 15
1. early votes; 16
2. absentee votes; and 17
3. provisional votes. 18
(2) The manual audit shall be completed within 120 days after the general 19
election. 20
(3) If the manual audit shows a discrepancy, the State Board may: 21
(i) expand the manual audit; and 22
(ii) take any other actions it considers necessary to resolve the 23
discrepancy. 24
(4) Within 14 days after the conclusion of the audit, the State Board shall 25
post on its website a report that describes: 26
(i) the precincts and number of votes selected for the manual audit 27
in each county and the manner in which the precincts and votes were selected; 28
4 SENATE BILL 313
(ii) the results of the manual audit; and 1
(iii) any discrepancy shown by the manual audit and how the 2
discrepancy was resolved. 3
(5) The State Board shall allow for public observation of each part of the 4
manual audit process to the extent practicable. 5
(e) An audit under this section: 6
(1) may not have any effect on the certified election results; and 7
(2) shall be used to improve the voting system and voting process for future 8
elections.] 9
(B) (1) FOLLOWING EACH STATEW IDE ELECTION, THE STATE BOARD, IN 10
COLLABORA TION WITH THE LOCAL BOARDS, SHALL AUDIT THE ACCU RACY OF THE 11
VOTING SYSTEM ’S TABULATION OF VOTE S BY CONDUCTING A RI SK–LIMITING AUDIT 12
OF: 13
(I) AT LEAST ONE STATEWI DE CONTEST; 14
(II) AT LEAST ONE LOCAL C ONTEST IN EACH COUNT Y; AND 15
(III) ANY OTHER CONTESTS SELECTED FO R AUDIT BY THE STATE 16
BOARD. 17
(2) FOLLOWING A SPECIAL G ENERAL ELECTION , THE STATE BOARD, 18
IN COLLABORATION WIT H THE LOCAL BOARDS , MAY CONDUCT A RISK –LIMITING 19
AUDIT. 20
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 21
STATE BOARD SHALL SELECT THE SPECIFIC CONTESTS TO BE AUDITED UNDER 22
PARAGRAPH (1) OF THIS SUBSECTION . 23
(II) A CONTEST FOR AN OFFIC E FOR WHICH THE TERM BEGINS 24
IN THE MONTH OF DECEMBER MAY NOT BE S ELECTED FOR AUDIT UN LESS THE 25
ELECTION DIRECTOR FO R THE COUNTY AGREE S TO AUDIT THE CONTE ST. 26
(4) A RISK–LIMITING AUDIT SHALL : 27
(I) MANUALLY EXAMINE RAN DOMLY CHOSEN INDIVID UAL 28
VOTER–VERIFIABLE PAPER REC ORDS OR BATCHES OF V OTER–VERIFIABLE PAPER 29
RECORDS UNTIL THE RI SK LIMIT IS MET; 30
SENATE BILL 313 5
(II) BE COMPLETED BEFORE CERTIFICATION OF THE ELECTION 1
RESULTS; AND 2
(III) BE OBSERVABLE BY THE PUBLIC TO THE MAXIMU M EXTENT 3
PRACTICABLE . 4
(5) IF A RISK–LIMITING AUDIT FINDS THAT THE ELECTION OU TCOME 5
DETERMINED BY THE EL ECTRONIC COUNT IS IN CORRECT, THE OFFICIAL RESULT OF 6
THE ELECTION SHALL BE AL TERED TO MATCH THE O UTCOME DETERMINED BY THE 7
RISK–LIMITING AUDIT. 8
(6) WITHIN 10 DAYS AFTER THE CONCL USION OF THE RISK –LIMITING 9
AUDIT, THE STATE BOARD SHALL POST ON T HE STATE BOARD’S WEBSITE A REPORT 10
THAT DESCRIBES THE A UDIT PROCESS A ND THE RESULTS OF TH E AUDIT. 11
(C) IN ADDITION TO THE RI SK–LIMITING AUDIT REQUI RED UNDER 12
SUBSECTION (B) OF THIS SECTION , THE STATE BOARD, IN COLLABORATION WIT H 13
THE LOCAL BOARDS , MAY CONDUCT AN AUTOM ATED SOFTWARE AUDIT AFTER A 14
STATEWIDE ELECTION . 15
[(f)] (D) (1) The State Board shall adopt regulations to carry out this section. 16
(2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 17
SUBSECTION TO CARRY OUT RISK–LIMITING AUDITS IN A CCORDANCE WITH 18
SUBSECTION (B) OF THIS SECTION SHAL L INCLUDE: 19
(I) CRITERIA FOR DETERMI NING THE CONTESTS TO BE 20
AUDITED; 21
(II) THE RISK LIMIT; AND 22
(III) THE AUDIT METHOD . 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24
1, 2025. 25