Election Law Article, 

### [ §9-102(c)(1)(i), (ii), or (iii) 

### ] §9- 102(d)(1)(i) — (iii) , Annotated Code of Maryland, the Board shall decertify the system from all future sale and all future use in this State.

LINDA H. LAMONE Administrator State Board of Elections



### Subtitle 10 VOTING SYSTEMS — SYSTEM **REQUIREMENTS AND PROCEDURES**

Notice of Proposed Action
[08-189-P] The State Board of Elections proposes to:

(1) Repeal existing Regulations .01 — .41 under COMAR 33.10.01 AVC Advantage ; (2) Amend Regulation .37 under COMAR 33.10.11 Model ES-2000 ; (3) Repeal existing Regulations .01 — .41 under COMAR 33.10.12 Optech II ; (4) Repeal existing Regulations .01 — .41 under COMAR 33.10.13 Optech III-P Eagle ; (5) Repeal existing Regulations .01 — .41 under COMAR 33.10.21 Optech IV-C ; (6) Repeal existing Regulations .01 — .41 under COMAR 33.10.22 Model-315 Optical Mark Reader ; and (7) Repeal existing Regulations .01 — .41 under COMAR 33.10.31 Datavote

.

This action was considered by the State Board of Elections at an open meeting held on May 22, 2008, notice of which was given pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to remove a requirement for a duplicative test and repeal regulations relating to voting systems no longer used in Maryland.

Comparison to Federal StandardsThere is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Nikki Trella, Election Reform Director, State Board of Elections, P.O. Box 6486, Annapolis, MD 21401, or call 410-269-2843, or email to ntrella@elec tions.state.md.us, or fax to 410-974-2019. Comments will be accepted through August 6, 2008. A public hearing has not been scheduled.



### 33.10.11 Model ES-2000

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-102(a) and (e), 11-308, and 11-403(a)(1), Annotated Code of Maryland .37 Central Count Testing.



### [A. Central Vote Counting. Immediately before the machine tabulation of ballots, the following testing shall be done at the counting center: (1) The automatic tabulating equipment shall be cleared of all votes, and a printed report shall be produced by the system to confirm that all votes have been cleared;(2) The certification deck shall be run through the system to demonstrate that the system can accurately count votes, and the results shall be compared to the preelection logic and accuracy test; and (3) The automatic tabulating equipment shall again be cleared of all votes, and a printed report shall be produced by the system to confirm that all votes have been cleared. 

### ]

**[**B. 

### ] A. During Vote Counting. The central counting system shall be designed and constructed so that, at the discretion of the local board, it is possible to: (1) (text unchanged) (2) Run the certification deck 

### [ , as described in §A of this regulation, 

### ] to demonstrate the accuracy and dependability of the count.



### [ C. 

### ] B. After Vote Counting. Immediately after the machine tabulation of the ballots from all the precincts and the production of the countywide vote totals, the central count test described in 

### [ §A of this regulation

### ] Regulation .15 of this chapter shall be run to demonstrate the accuracy and dependability of the count.

LINDA H. LAMONE Administrator State Board of Elections



# Errata

**COMAR 11.03.05** At 35:12 Md. R. 1149 (June 6, 2008), col.1, line 15 from the bottom:

For: Airport, Maryland 21240 The acts include the following: Read: Airport, Maryland 21240. The acts include the following:

[08-14-24] 

### COMAR 26.11.26 At 33:23 Md. R. 1850 (November 13, 2006), col. 1, line 23 from the bottom:

For: land to

### ] implement §176(c) of the Clean Air Act (CAA), as Read: land to

### ] implement 

### [ §176(c)

### ] §176(c)(4)(E) of the Clean Air Act (CAA), as **PROPOSED ACTION ON REGULATIONS 1284** 

**MARYLAND REGISTER, VOL. 35, ISSUE 14 MONDAY, JULY 7, 2008**