Md. Code Regs. 33.12.05.03

Current through Register Vol. 52, No. 1, January 10, 2025

Section 33.12.05.03 - Using Tabulating Equipment

A. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted on vote tabulating equipment.

B. Preparation. The election director shall:

(1) Where applicable, prepare the tabulating unit certified for use in the State;

(2) Assemble all materials needed to conduct the recount; and

(3) Appoint the special teams needed for the recount, assigning a team identifier to each (for example, "Team A", "Team B", etc.).

C. Precount Testing. Immediately before ballots are recounted, the election director shall assign a special team to conduct the appropriate logic and accuracy test.

D. Issuing Ballots.

(1) The election director shall then:

(a) Issue ballots for recounting to the special teams; and

(b) Record in the recount log:

(i) The team identifier,

(ii) The ballots issued to the team, and

(iii) Later, the ballots returned by the team.

(2) Each team may be issued the ballots of only one precinct at a time.

(3) The ballots shall be issued to a team in batches consisting of a controllable number of ballots (for example, 25).

E. Recount Procedure.

(1) Each special team shall:

(a) Retabulate the ballots for the precinct assigned;

(b) Record the vote totals from the precinct on the precinct tally sheet;

(c) Sign the precinct tally sheet; and

(d) Give the precinct tally sheet and retabulated ballots to the election director.

(2) The election director shall then:

(a) Recalculate the totals on the precinct tally sheets; and

(b) Enter those totals on the contest tally sheet.

F. Securing Materials. After each precinct has been recounted, the election director shall:

(1) Secure the ballots from that precinct;

(2) Invite all interested parties to verify the security; and

(3) Place the ballots in a locked area.

G. Certification.

(1) After all precincts have been recounted, the election director shall:

(a) Complete and sign the contest tally sheet; and

(b) Present the contest and precinct tally sheets to the local board.

(2) The board shall:

(a) Recalculate the totals reported on the contest tally sheet; and

(b) If the totals are correct, sign the recount certification statement on the contest tally sheet.

Md. Code Regs. 33.12.05.03

Regulations .03 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709)
Regulation .03 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424); amended effective 43:4 Md. R. 335, eff.2/29/2016