MD
Maryland Senate Bill SB313

Maryland 2025 Regular Session

Maryland Senate Bill SB313 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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 *sb0313*
96
107 SENATE BILL 313
118 G1 5lr1805
12-SB 523/24 – EEE CF HB 426
9+SB 523/24 – EEE CF 5lr1806
1310 By: Senator M. Washington
1411 Introduced and read first time: January 13, 2025
1512 Assigned to: Education, Energy, and the Environment
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 24, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Election Law – Postelection Tabulation Audits – Risk–Limiting Audits 2
2519
2620 FOR the purpose of requiring the State Board of Elections, in collaboration with the local 3
2721 boards of elections, to conduct a risk–limiting audit after each statewide election; 4
2822 authorizing the State Board, in collaboration with the local boards, to conduct a 5
2923 risk–limiting audit after a special general election; authorizing, rather than 6
3024 requiring, the State Board, in collaboration with the local boards, to conduct an 7
31-automated software audit after a statewide election; authorizing a local board to 8
32-conduct a risk–limiting audit of a local contest under certain circumstances; 9
33-repealing a requirement to conduct a manual audit after each statewide general 10
34-election; and generally relating to postelection tabulation audits. 11
25+automated software audit after a statewide election; repealing a requirement to 8
26+conduct a manual audit after each statewide general election; and generally relating 9
27+to postelection tabulation audits. 10
3528
36-BY repealing and reenacting, with amendments, 12
37- Article – Election Law 13
38-Section 11–309 14
39- Annotated Code of Maryland 15
40- (2022 Replacement Volume and 2024 Supplement) 16
29+BY repealing and reenacting, with amendments, 11
30+ Article – Election Law 12
31+Section 11–309 13
32+ Annotated Code of Maryland 14
33+ (2022 Replacement Volume and 2024 Supplement) 15
4134
42- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
43-That the Laws of Maryland read as follows: 18
35+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
36+That the Laws of Maryland read as follows: 17
4437
45-Article – Election Law 19
38+Article – Election Law 18
4639
47-11–309. 20
40+11–309. 19
41+
42+ (a) (1) In this section the following words have the meanings indicated. 20
43+
44+ (2) “AUTOMATED SOFTWARE AUDIT ” MEANS AN AUDIT OF 21
45+ELECTRONIC IMAGES OF BALLOTS CAST IN AN E LECTION USING SOFTWA RE THAT IS 22
46+INDEPENDENT OF THE V OTING SYSTEM. 23
4847 2 SENATE BILL 313
4948
5049
51- (a) (1) In this section the following words have the meanings indicated. 1
50+ (3) “ELECTRONIC COUNT ” MEANS THE VOTE TOTAL S PRODUCED BY 1
51+THE VOTING SYSTEM . 2
5252
53- (2) “AUTOMATED SOFTWARE AU DIT” MEANS AN AUDIT OF 2
54-ELECTRONIC IMAGES OF BALLOTS CAST IN AN E LECTION USING SOFTWA RE THAT IS 3
55-INDEPENDENT OF THE V OTING SYSTEM. 4
53+ (4) “LOCAL CONTEST ” MEANS A CONTES T THAT: 3
5654
57- (3) “ELECTRONIC COUNT” MEANS THE VOTE TOTAL S PRODUCED BY 5
58-THE VOTING SYSTEM . 6
55+ (I) IS NOT A STATEWIDE C ONTEST; AND 4
5956
60- (4) “LOCAL CONTEST ” MEANS A CONTEST THAT : 7
57+ (II) APPEARS ON THE BALLO T IN ALL OR PART OF A COUNTY, 5
58+INCLUDING A CONTEST TO REPRESENT A DISTR ICT THAT INCLUDES MO RE THAN ONE 6
59+COUNTY. 7
6160
62- (I) IS NOT A STATEWIDE C ONTEST; AND 8
61+ [(2)] (5) “Manual [audit”] COUNT” means inspection of voter–verifiable 8
62+paper records by hand and eye to obtain vote totals in a contest [that are compared to the 9
63+vote totals produced for that contest by the electronic voting system]. 10
6364
64- (II) APPEARS ON THE BALLO T IN ALL OR PART OF A COUNTY, 9
65-INCLUDING A CONTEST TO REPRESENT A DISTR ICT THAT INCLUDES MORE THAN O NE 10
66-COUNTY. 11
65+ [(3) “Previous comparable general election” means: 11
6766
68- [(2)] (5) “Manual [audit”] COUNT” means inspection of voter–verifiable 12
69-paper records by hand and eye to obtain vote totals in a contest [that are compared to the 13
70-vote totals produced for that contest by the electronic voting system]. 14
67+ (i) in a presidential election year, the presidential election held 4 12
68+years earlier; and 13
7169
72- [(3) “Previous comparable general election” means: 15
70+ (ii) in a gubernatorial election year, the gubernatorial election held 14
71+4 years earlier.] 15
7372
74- (i) in a presidential election year, the presidential election held 4 16
75-years earlier; and 17
73+ (6) “RISK LIMIT” MEANS THE SMALL , PREDETERMINED MAXIMU M 16
74+CHANCE THAT A RISK –LIMITING AUDIT WILL NOT REQUIRE A FULL MANUAL COUNT 17
75+OF VOTER–VERIFIABLE PAPER REC ORDS IN AN AUDITED C ONTEST IF A FULL 18
76+MANUAL COUNT OF THE VOTER–VERIFIABLE PAPER REC ORDS WOULD FIND A 19
77+DIFFERENT OUTCOME TH AN THE OUTCOME DETER MINED BY THE ELECTRO NIC 20
78+COUNT. 21
7679
77- (ii) in a gubernatorial election year, the gubernatorial election held 18
78-4 years earlier.] 19
80+ (7) “RISK–LIMITING AUDIT ” MEANS A POSTELECTION AUDIT 22
81+PROCEDURE THAT EMPLO YS STATISTICAL METHO DS TO ENSURE A LARGE , 23
82+PREDETERMINED MINIMU M CHANCE OF REQUIRIN G A FULL MANUAL COUN T OF 24
83+VOTER–VERIFIABLE PAPER REC ORDS IN AN AUDITED C ONTEST IF A FULL MAN UAL 25
84+COUNT OF THE VOTER –VERIFIABLE PA PER RECORDS WOULD FI ND A DIFFERENT 26
85+OUTCOME THAN THE OUT COME DETERMINED BY T HE ELECTRONIC COUNT . 27
7986
80- (6) “RISK LIMIT” MEANS THE SMALL , PREDETERMINED MAXIMU M 20
81-CHANCE THAT A RISK –LIMITING AUDIT WILL NOT REQUIRE A FULL M ANUAL COUNT 21
82-OF VOTER–VERIFIABLE PAPER REC ORDS IN AN AUDITED C ONTEST IF A FULL 22
83-MANUAL COUNT OF THE VOTER–VERIFIABLE PAPER REC ORDS WOULD FIND A 23
84-DIFFERENT OUTCOME TH AN THE OUTCOME DETER MINED BY THE ELECTRO NIC 24
85-COUNT. 25
87+ [(4)] (8) “Voter–verifiable paper record” has the meaning stated in § 28
88+9–102 of this article. 29
8689
87- (7) “RISK–LIMITING AUDIT ” MEANS A POSTELECTION AUDIT 26
88-PROCEDURE THAT EMPLO YS STATISTICAL METHO DS TO ENSURE A LARGE , 27
89-PREDETERMINED MINIMU M CHANCE OF REQUIRIN G A FULL MANUAL COUN T OF 28
90-VOTER–VERIFIABLE PAPER REC ORDS IN AN AUDITED C ONTEST IF A FULL MAN UAL 29
91-COUNT OF THE VOTER –VERIFIABLE PAPER REC ORDS WOULD FIND A DI FFERENT 30
92-OUTCOME THAN THE OUT COME DETERMINED BY T HE ELECTRONIC COUNT . 31
90+ [(b) Following each statewide general election, the State Board shall conduct an 30
91+audit of the accuracy of the voting system’s tabulation of votes by completing: 31
9392
94- [(4)] (8) “Voter–verifiable paper record” has the meaning stated in § 32
95-9–102 of this article. 33 SENATE BILL 313 3
93+ (1) an automated software audit of the electronic images of all ballots cast 32
94+in the election; and 33 SENATE BILL 313 3
9695
9796
9897
99- [(b) Following each statewide general election, the State Board shall conduct an 1
100-audit of the accuracy of the voting system’s tabulation of votes by completing: 2
98+ (2) a manual audit of voter–verifiable paper records in accordance with 1
99+subsection (d) of this section. 2
101100
102- (1) an automated software audit of the electronic images of all ballots cast 3
103-in the election; and 4
101+ (c) Following each statewide primary election, the State Board: 3
104102
105- (2) a manual audit of voter–verifiable paper records in accordance with 5
106-subsection (d) of this section. 6
103+ (1) shall complete an automated software audit of the electronic images of 4
104+all ballots cast in the election; and 5
107105
108- (c) Following each statewide primary election, the State Board: 7
106+ (2) may complete a manual audit of voter–verifiable paper records in a 6
107+manner prescribed by the State Board. 7
109108
110- (1) shall complete an automated software audit of the electronic images of 8
111-all ballots cast in the election; and 9
109+ (d) (1) Following each statewide general election, the State Board shall 8
110+complete a manual audit of: 9
112111
113- (2) may complete a manual audit of voter–verifiable paper records in a 10
114-manner prescribed by the State Board. 11
112+ (i) at least 2% of precincts statewide, including: 10
115113
116- (d) (1) Following each statewide general election, the State Board shall 12
117-complete a manual audit of: 13
114+ 1. at least one randomly chosen precinct in each county; and 11
118115
119- (i) at least 2% of precincts statewide, including: 14
116+ 2. additional precincts selected by the State Board; and 12
120117
121- 1. at least one randomly chosen precinct in each county; and 15
118+ (ii) a number of votes equal to at least 1% of the statewide total in 13
119+the previous comparable general election of each of the following, including at least a 14
120+minimum number of each of the following in each county, as prescribed by the State Board: 15
122121
123- 2. additional precincts selected by the State Board; and 16
122+ 1. early votes; 16
124123
125- (ii) a number of votes equal to at least 1% of the statewide total in 17
126-the previous comparable general election of each of the following, including at least a 18
127-minimum number of each of the following in each county, as prescribed by the State Board: 19
124+ 2. absentee votes; and 17
128125
129- 1. early votes; 20
126+ 3. provisional votes. 18
130127
131- 2. absentee votes; and 21
128+ (2) The manual audit shall be completed within 120 days after the general 19
129+election. 20
132130
133- 3. provisional votes. 22
131+ (3) If the manual audit shows a discrepancy, the State Board may: 21
134132
135- (2) The manual audit shall be completed within 120 days after the general 23
136-election. 24
133+ (i) expand the manual audit; and 22
137134
138- (3) If the manual audit shows a discrepancy, the State Board may: 25
135+ (ii) take any other actions it considers necessary to resolve the 23
136+discrepancy. 24
139137
140- (i) expand the manual audit; and 26
138+ (4) Within 14 days after the conclusion of the audit, the State Board shall 25
139+post on its website a report that describes: 26
141140
142- (ii) take any other actions it considers necessary to resolve the 27
143-discrepancy. 28
141+ (i) the precincts and number of votes selected for the manual audit 27
142+in each county and the manner in which the precincts and votes were selected; 28
144143 4 SENATE BILL 313
145144
146145
147- (4) Within 14 days after the conclusion of the audit, the State Board shall 1
148-post on its website a report that describes: 2
146+ (ii) the results of the manual audit; and 1
149147
150- (i) the precincts and number of votes selected for the manual audit 3
151-in each county and the manner in which the precincts and votes were selected; 4
148+ (iii) any discrepancy shown by the manual audit and how the 2
149+discrepancy was resolved. 3
152150
153- (ii) the results of the manual audit; and 5
151+ (5) The State Board shall allow for public observation of each part of the 4
152+manual audit process to the extent practicable. 5
154153
155- (iii) any discrepancy shown by the manual audit and how the 6
156-discrepancy was resolved. 7
154+ (e) An audit under this section: 6
157155
158- (5) The State Board shall allow for public observation of each part of the 8
159-manual audit process to the extent practicable. 9
156+ (1) may not have any effect on the certified election results; and 7
160157
161- (e) An audit under this section: 10
158+ (2) shall be used to improve the voting system and voting process for future 8
159+elections.] 9
162160
163- (1) may not have any effect on the certified election results; and 11
161+ (B) (1) FOLLOWING EACH STATEW IDE ELECTION, THE STATE BOARD, IN 10
162+COLLABORA TION WITH THE LOCAL BOARDS, SHALL AUDIT THE ACCU RACY OF THE 11
163+VOTING SYSTEM ’S TABULATION OF VOTE S BY CONDUCTING A RI SK–LIMITING AUDIT 12
164+OF: 13
164165
165- (2) shall be used to improve the voting system and voting process for future 12
166-elections.] 13
166+ (I) AT LEAST ONE STATEWI DE CONTEST; 14
167167
168- (B) (1) FOLLOWING EACH STATEW IDE ELECTION, THE STATE BOARD, IN 14
169-COLLABORATION WITH THE LOCAL BOARDS EACH LOCAL BOARD , SHALL AUDIT THE 15
170-ACCURACY OF THE VOTI NG SYSTEM’S TABULATION OF VOTE S IN EACH COUNTY BY 16
171-CONDUCTING A RISK –LIMITING AUDIT OF : 17
168+ (II) AT LEAST ONE LOCAL C ONTEST IN EACH COUNT Y; AND 15
172169
173- (I) AT LEAST ONE STATEWI DE CONTEST; AND 18
170+ (III) ANY OTHER CONTESTS SELECTED FO R AUDIT BY THE STATE 16
171+BOARD. 17
174172
175- (II) AT LEAST ONE LOCAL C ONTEST IN EACH COUNT Y; AND 19
173+ (2) FOLLOWING A SPECIAL G ENERAL ELECTION , THE STATE BOARD, 18
174+IN COLLABORATION WIT H THE LOCAL BOARDS , MAY CONDUCT A RISK –LIMITING 19
175+AUDIT. 20
176176
177- (III) ANY OTHER CONTESTS SELECTED FOR AUDIT B Y THE STATE 20
178-BOARD. 21
177+ (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 21
178+STATE BOARD SHALL SELECT THE SPECIFIC CONTESTS TO BE AUDITED UNDER 22
179+PARAGRAPH (1) OF THIS SUBSECTION . 23
179180
180- (2) FOLLOWING A SPECIAL G ENERAL ELECTION , THE STATE BOARD, 22
181-IN COLLABORATION WIT H THE LOCAL BOARDS , MAY CONDUCT A RISK –LIMITING 23
182-AUDIT. 24
181+ (II) A CONTEST FOR AN OFFIC E FOR WHICH THE TERM BEGINS 24
182+IN THE MONTH OF DECEMBER MAY NOT BE S ELECTED FOR AUDIT UN LESS THE 25
183+ELECTION DIRECTOR FO R THE COUNTY AGREE S TO AUDIT THE CONTE ST. 26
183184
184- (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 25
185-STATE BOARD SHALL SELECT THE SPECIFIC CONTESTS TO BE AUDIT ED UNDER 26
186-PARAGRAPH (1) OF THIS SUBSECTION . 27
185+ (4) A RISK–LIMITING AUDIT SHALL : 27
187186
188- (II) A CONTEST FOR AN OFFIC E FOR WHICH THE TERM BEGINS 28
189-IN THE MONTH OF DECEMBER MAY NOT BE S ELECTED FOR AUDIT UN LESS THE 29
190-ELECTION DIRECTOR FO R THE COUNTY AGREES TO AUDIT THE CONTEST. 30
187+ (I) MANUALLY EXAMINE RAN DOMLY CHOSEN INDIVID UAL 28
188+VOTER–VERIFIABLE PAPER REC ORDS OR BATCHES OF V OTER–VERIFIABLE PAPER 29
189+RECORDS UNTIL THE RI SK LIMIT IS MET; 30
191190 SENATE BILL 313 5
192191
193192
194- (4) A RISK–LIMITING AUDIT SHALL : 1
193+ (II) BE COMPLETED BEFORE CERTIFICATION OF THE ELECTION 1
194+RESULTS; AND 2
195195
196- (I) MANUALLY EXAMINE RAN DOMLY CHOSEN INDIVID UAL 2
197-VOTER–VERIFIABLE PAPER REC ORDS OR BATCHES OF V OTER–VERIFIABLE PAPER 3
198-RECORDS UNTIL THE RI SK LIMIT IS MET OR THE CORRECT ELECT ION OUTCOME IS 4
199-ESTABLISHED; 5
196+ (III) BE OBSERVABLE BY THE PUBLIC TO THE MAXIMU M EXTENT 3
197+PRACTICABLE . 4
200198
201- (II) BE COMPLETED BEFORE CERTIFICATION OF THE ELECTION 6
202-RESULTS THE BOARD OF STATE CANVASSERS TRANSMITS A CERTIFIED STATEMEN T 7
203-OF THE ELECTION RESU LTS TO THE STATE BOARD UNDER § 11–503(A) OF THIS 8
204-TITLE; AND 9
199+ (5) IF A RISK–LIMITING AUDIT FINDS THAT THE ELECTION OU TCOME 5
200+DETERMINED BY THE EL ECTRONIC COUNT IS IN CORRECT, THE OFFICIAL RESULT OF 6
201+THE ELECTION SHALL BE AL TERED TO MATCH THE O UTCOME DETERMINED BY THE 7
202+RISK–LIMITING AUDIT. 8
205203
206- (III) BE OBSERVABLE BY THE PUBLIC TO THE MAXIMUM EXTENT 10
207-PRACTICABLE . 11
204+ (6) WITHIN 10 DAYS AFTER THE CONCL USION OF THE RISK –LIMITING 9
205+AUDIT, THE STATE BOARD SHALL POST ON T HE STATE BOARD’S WEBSITE A REPORT 10
206+THAT DESCRIBES THE A UDIT PROCESS A ND THE RESULTS OF TH E AUDIT. 11
208207
209- (5) (I) IF A RISK–LIMITING AUDIT FINDS THAT THE ELECTION 12
210-OUTCOME DETERMINED B Y THE ELECTRONIC COU NT IS INCORRECT, THE OFFICIAL 13
211-RESULT OF THE ELECTION SHALL B E ALTERED TO MATCH T HE OUTCOME 14
212-DETERMINED BY THE RISK–LIMITING AUDIT. 15
208+ (C) IN ADDITION TO THE RI SK–LIMITING AUDIT REQUI RED UNDER 12
209+SUBSECTION (B) OF THIS SECTION , THE STATE BOARD, IN COLLABORATION WIT H 13
210+THE LOCAL BOARDS , MAY CONDUCT AN AUTOM ATED SOFTWARE AUDIT AFTER A 14
211+STATEWIDE ELECTION . 15
213212
214- (6) WITHIN 10 DAYS AFTER THE CONCL USION OF THE RISK –LIMITING 16
215-AUDIT, THE STATE BOARD SHALL POST ON T HE STATE BOARD’S WEBSITE A REPORT 17
216-THAT DESCRIBES THE A UDIT PROCESS AND THE RESULTS OF THE AUDIT 18
217-INACCURATE, THE STATE ADMINISTRATOR , IN CONSULTATION WITH THE STATE 19
218-BOARD, SHALL DIRECT THE REL EVANT BOARD OF CANVA SSERS TO IMMEDIATELY 20
219-INVESTIGATE THE MATT ER TO DETERMINE AN A CCURATE ELECTION RES ULT. 21
213+ [(f)] (D) (1) The State Board shall adopt regulations to carry out this section. 16
220214
221- (II) THE BOARD OF CANVASSE RS SHALL CONCLUDE TH E 22
222-INVESTIGATION WITHIN 3 DAYS. 23
215+ (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 17
216+SUBSECTION TO CARRY OUT RISK–LIMITING AUDITS IN A CCORDANCE WITH 18
217+SUBSECTION (B) OF THIS SECTION SHAL L INCLUDE: 19
223218
224- (III) THE BOARD OF CANVASSERS SHALL COR RECT THE 24
225-ELECTION RESULT IN A CCORDANCE WITH REGUL ATIONS ADOPTED BY TH E STATE 25
226-BOARD. 26
219+ (I) CRITERIA FOR DETERMI NING THE CONTESTS TO BE 20
220+AUDITED; 21
227221
228- (6) THE STATE ADMINISTRATOR SHALL R EPORT THE RESULTS OF 27
229-THE RISK–LIMITING AUDIT TO TH E BOARD OF STATE CANVASSERS AND THE STATE 28
230-BOARD. 29
222+ (II) THE RISK LIMIT; AND 22
231223
232- (C) IN ADDITION TO THE RISK –LIMITING AUDIT REQUI RED UNDER 30
233-SUBSECTION (B) OF THIS SECTION , THE STATE BOARD, IN COLLABORATION WIT H 31
234-THE LOCAL BOARDS , MAY CONDUCT AN AUTOM ATED SOFTWARE AUDIT AFTER A 32
235-STATEWIDE ELECTION . 33
236- 6 SENATE BILL 313
224+ (III) THE AUDIT METHOD . 23
237225
226+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24
227+1, 2025. 25
238228
239- (D) A LOCAL BOARD MAY COND UCT A RISK–LIMITING AUDIT OF A LOCAL 1
240-CONTEST AT THE DISCR ETION OF THE LOCAL B OARD. 2
241-
242- [(f)] (D) (E) (1) The State Board shall adopt regulations to carry out this section. 3
243-
244- (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 4
245-SUBSECTION TO CARRY OUT RISK–LIMITING AUDITS IN A CCORDANCE WITH 5
246-SUBSECTION (B) OF THIS SECTION SHAL L INCLUDE: 6
247-
248- (I) CRITERIA FOR DETERMI NING THE CONTESTS TO BE 7
249-AUDITED; 8
250-
251- (II) THE RISK LIMIT; AND 9
252-
253- (III) THE AUDIT METHOD . 10
254-
255- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 11
256-1, 2025. 12
257-
258-
259-
260-Approved:
261-________________________________________________________________________________
262- Governor.
263-________________________________________________________________________________
264- President of the Senate.
265-________________________________________________________________________________
266- Speaker of the House of Delegates.