Md. Code Regs. 33.12.05.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 33.12.05.04 - Manual Recount-General

A. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted manually.

B. Methods.

(1) For recounting a ballot question contest or a candidate contest in which a voter casts not more than one vote, the sort method specified in Regulation .05 of this chapter shall be used.

(2) For all other contests, the tally method specified in Regulation .06 of this chapter shall be used.

C. Preparation. The election director shall:

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

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

D. Issuing Ballots.

(1) The election director shall then:

(a) Issue the 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. Evaluating Ballot Validity.

(1) Each team shall first evaluate the ballots to ensure that they are valid in accordance with recount procedures established by the State Board.

(2) If a team does not agree or cannot decide on the validity of a ballot or vote, the team shall refer the ballot to the election director, who shall submit it to the board for determination.

F. Recount. The special teams shall then proceed to recount the remaining ballots, as provided in Regulation .05 or .06 of this chapter, as the case may be.

G. 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.

H. 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. 33.12.05.04

Regulations .04 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)