§ 12-108

309 words·~1 min read·/md/election-law/12-108

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§12–108.

(1)In this section the following words have the meanings indicated.

(2)“Duplicate ballot” means a paper ballot that:

(i)is created by a local board for purposes of vote tabulation by an optical scanner because the voter–verifiable paper record submitted by the voter is not acceptable for vote tabulation by an optical scanner; and

(ii)is a copy of a voter–verifiable paper record that:

1. for an absentee ballot returned by mail, reflects the intent of the voter; or

2. for a provisional ballot, includes only the votes for contests for which the voter is eligible to vote.

(3)“Voter–verifiable paper record” has the meaning stated in § 9–102 of this article.

(1)In a recount under this subtitle, subject to paragraph

(2)of this subsection, the petitioner shall select the method for conducting the recount.

(2)The petitioner may select only one of the following methods:

(i)rescanning the ballots using:

1. the same vote tabulating equipment that was used in the election; or

2. alternative vote tabulating equipment, if alternative equipment is available and its use is feasible, as determined by the State Board;

(ii)a manual recount of voter–verifiable paper records; or

(iii)any other recount method approved by the State Administrator.

(c)A local board shall:

(1)preserve the voter–verifiable paper record corresponding to each duplicate ballot that is created; and

(2)store each duplicate ballot that is created together with the corresponding voter–verifiable paper record.

(d)In a recount under this subtitle, a local board shall:

(1)examine the voter–verifiable paper record and duplicate ballot; and

(i)if the voter–verifiable paper record and duplicate ballot do not match, create a new duplicate ballot that accurately reflects the voter’s intent and count that duplicate ballot; or

(ii)if the voter–verifiable paper record and duplicate ballot match, count the duplicate ballot.