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 Standards

There 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

1284 PROPOSED ACTION ON REGULATIONS

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