reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.07 - Post-Election Audit - Absentee and Provisional Voting

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Administrator shall establish the number of absentee and provisional ballots to be audited.
B. The election director shall randomly select and review:
(1) Accepted absentee ballots to determine whether each ballot was properly accepted by confirming that:
(a) A timely absentee ballot request was received from the voter; and
(b) The absentee ballot was timely received as provided under COMAR 33.11.03.08;
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.08 - Post-Election Audit-Ballot Tabulation Audit-In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Audits Conducted by the State Administrator. The State Administrator shall conduct an automated software audit of the electronic images of all ballots cast:
(1) After each Statewide primary election; and
(2) After each Statewide general election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.09 - Post-Election Audit - Ballot Tabulation Audit - Manual Audit

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) A local board shall:
(a) At least 10 days before the manual audit starts, provide notice of the manual audit by:
(i) Sending the notice via mail to the chairman of the county central committee for each political party, each candidate for the contest to be audited who is not a candidate of a political party, and the State Administrator;
(ii) Posting the notice on its website; and
(iii) Posting the notice in a prominent and publicly accessible location at its office; and
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.10 - Post-Election Audit - Ballot Tabulation Audit-Automated Audit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Administrator shall complete the automated audit of:
(1) Early voting and election day results before the local boards of canvassers certify the election results; and
(2) Absentee and provisional results before the State Board of Canvassers certifies the election results.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.01 - Definitions; General Provisions › Section 33.09.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Federal Standards" means the Voluntary Voting System Guidelines adopted by the U.S. Election Assistance Commission.
(2) "Independent testing laboratory" means a laboratory accredited by the U.S. Election Assistance Commission.
(3) "Qualification testing" means testing to determine a system's compliance with the Voluntary Voting System Guidelines.
(4) Voting System.
(a) "Voting system" means all or any component of any system for casting and tabulating ballots or votes.
(b) "Voting system" includes any model or version of:
(i) A voting system;
(ii) A voting machine, voting device, tabulating equipment, vote-counting program, or other equipment, hardware, firmware, or software used by or with a voting system;
(iii) Election management software or hardware used by or with a voting system; and
(iv) Any other component of a voting system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.01 - Definitions; General Provisions › Section 33.09.01.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle establishes the certification process for a voting system to be used for voting in polling places and a voting system for absentee voting as required by Election Law Article, §
									9-101, Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.01 - Definitions; General Provisions › Section 33.09.01.03 - Overview of Required Process

Current through Register Vol. 51, No. 14, July 12, 2024
Prior to using the voting system selected and certified for voting in polling places and the voting system selected and certified for absentee voting:
A. The model or version of the voting system, including all parts and components, shall have successfully completed:
(1) Qualification testing by an independent testing laboratory, as required by Election Law Article, §
										9-102(d)(2), Annotated Code of Maryland;
(2) Certification evaluation and testing by the State Board, as specified in COMAR 33.09.03 and 33.09.04; and
(3) Acceptance testing by the State Board, as specified in COMAR 33.09.05;
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.01 - Definitions; General Provisions › Section 33.09.01.04 - Standards and Considerations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Standards. The State Board may not certify a voting system unless it meets the standards imposed by Election Law Article, §
									9-102(d), Annotated Code of Maryland.
B. Factors To Be Considered. In determining whether a voting system meets the required standards, the State Board shall consider the factors set forth in Election Law Article, §
									9-102(e), Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.01 - Definitions; General Provisions › Section 33.09.01.05 - Specialists; Evaluation Agent

Current through Register Vol. 51, No. 14, July 12, 2024
A. Employment of Specialists.
(1) The State Administrator may contract with one or more specialists to assist the State Board in evaluating a voting system for which certification is sought under this subtitle.
(2) The specialists may include:
(a) An election director;
(b) A lawyer;
(c) An accountant;
(d) A specialist in electronic systems;
(e) A specialist in computer science;
(f) A specialist in computer security; and
(g) A specialist in usability and accessibility.
(3) The State Administrator shall use the nonrefundable application fee under COMAR 33.09.03.02G and funds required by COMAR 33.09.04.02C to fund the compensation and expenses of all specialists employed to evaluate a voting system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.01 - Definitions; General Provisions › Section 33.09.01.06 - Conflicts of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A member of the State Board, specialist employed by the Board, evaluation agent, or any other public officer or employee who participates in the examination, certification, or purchase of any voting system may not have any financial interest in any vendor or manufacturer of the system or in any of their suppliers.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.01 - Definitions; General Provisions › Section 33.09.01.07 - Emergency Waiver of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies if:
(1) An emergency arises, such as the destruction of a voting system by fire, flood, or otherwise; and
(2) Insufficient time remains before the next election to certify a substitute system in full compliance with this subtitle.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.02 - Minimum System Requirements › Section 33.09.02.01 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
The requirements of this chapter represent a minimum level of the system capabilities needed to assure reliable and accurate elections.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.02 - Minimum System Requirements › Section 33.09.02.02 - Voting Options

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The voting system shall permit each voter to vote in any election:
(1) For all individuals and offices for which the voter is entitled to vote;
(2) For as many individuals for an office as the voter is entitled to vote for; and
(3) For or against any question on which the voter is entitled to vote.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.02 - Minimum System Requirements › Section 33.09.02.04 - Counter

Current through Register Vol. 51, No. 14, July 12, 2024
Each voting machine shall be equipped with a public counter that, during any period of voting, will show the total number of voters who have operated the machine during that period of voting.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.02 - Minimum System Requirements › Section 33.09.02.05 - Registering and Recording Votes

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The voting system shall correctly register and record votes that have been properly voted.
B. Over-Voting or Improper Voting. The voting system may not count the votes in a contest that has been over-voted or otherwise improperly voted.
C. Misplaced Votes. In vote counting, the voting system shall ignore any mark that is not in a voting position:
(1) For a candidate whose name is on the ballot;
(2) Designated for write-in voting; or
(3) For a question printed on the ballot.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.02 - Minimum System Requirements › Section 33.09.02.06 - Ballot Totaling and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. What To Be Reported. The voting system shall total and report:
(1) The number of ballots voted in an election;
(2) The number of votes cast for a candidate;
(3) The number of votes cast for or against a question;
(4) The number of undervotes in a contest; and
(5) In a primary election:
(a) The number of ballots voted in each party's primary, and
(b) The number of ballots voted in any nonpartisan ballot election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.02 - Minimum System Requirements › Section 33.09.02.07 - Audit Trail Required

Current through Register Vol. 51, No. 14, July 12, 2024
The voting system shall be capable of providing an audit trail of all ballots cast so that, in a recount, the election can be reconstructed, starting with the individual votes of all eligible voters.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.01 - Prerequisites to Application

Current through Register Vol. 51, No. 14, July 12, 2024
The State Board's evaluation and certification procedures are limited to voting systems:
A. That are beyond the prototype stage and available for installation and use within the time frame specified by the State Board; and
B. For which the qualification testing, as required by Election Law Article, §
									9-102(d)(2), Annotated Code of Maryland:
(1) Has been successfully completed; or
(2) Has not been completed, but the voting system vendor has provided:
(a) Documentation from the U.S. Election Assistance Commission that the voting system has been submitted for qualification testing; and
(b) A schedule that indicates completion within the time frame specified by the State Board.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.02 - Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The vendor of a voting system may apply to the State Board for evaluation and certification of the system for use in the State.
B. Identification of System, etc.
(1) The application shall specify clearly the specific equipment, hardware, firmware, and software for which certification is sought.
(2) Each model or version of a voting system requires a separate application.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.03 - Acknowledgment; Scheduling Start

Current through Register Vol. 51, No. 14, July 12, 2024
On receipt of an application for certification, the State Administrator shall promptly:
A. Acknowledge the application; and
B. Notify the applicant and local boards of when the evaluation will begin.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.04 - Notice and Package Submissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Evaluation Agent. When the evaluation is ready to begin, the State Administrator shall notify the applicant of the name, address, and telephone number of the evaluation agent assigned to the application.
B. Submissions to Agent. The applicant shall submit to the evaluation agent the:
(1) Technical data package required by Regulation .05 of this chapter;
(2) Business information package required by Regulation .06 of this chapter; and
(3) Voting system equipment required by Regulation .08 of this chapter.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.05 - Technical Data Package

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required Information - In General. The technical data package shall contain all documentation previously submitted for the qualification testing of the system, including each of the following:
(1) Hardware schematic diagrams;
(2) Hardware theory of operation;
(3) Customer maintenance documentation;
(4) Operations manual;
(5) Software source code (both in the form of a listing and in a machine-readable form on media acceptable to the evaluation agent);
(6) Software system design;
(7) Customer documentation;
(8) Any known and unresolved system problems; and
(9) When available, the report and test results of the independent testing laboratory.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.06 - Business Information Package

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. The information required by this regulation shall be provided separately for:
(1) The applicant's business; and
(2) If the applicant is not the manufacturer of the voting system, the manufacturer's business.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.07 - Anti-Bribery and Anti-Debarment Affidavits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Controlling stockholder" means a stockholder who:
(i) Owns more than 25 percent of the voting stock of a corporation; or
(ii) Notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation.
(b) "Convicted" includes an accepted plea of nolo contendere.
(c) "Principal" means:
(i) A sole proprietor;
(ii) A partner, officer, director, or controlling stockholder; or
(iii) An employee directly involved in the process of obtaining contracts with public bodies.
(d) "Public body" means:
(i) The United States;
(ii) Any state, territory, or possession of the United States; or
(iii) Any political subdivision of a state, territory, or possession of the United States.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.03 - State Board Certification - Preliminary Submissions › Section 33.09.03.08 - Voting System Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
The voting system vendor shall provide all equipment that was submitted for qualification testing and is necessary for the evaluation agent to fully test all system functions. Equipment shall include:
A. Optical scanners for precinct voting and central count optical scanners for absentee and provisional voting;
B. Any voting equipment and assistive devices for use by voters with disabilities;
C. Optical scan ballots for testing under COMAR 33.09.04.01C;
D. Election management server software;
E. All third-party software required to operate the system; and
F. All necessary ancillary equipment.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.04 - State Board Certification - Evaluation and Decision › Section 33.09.04.01 - Agent's Evaluation Proposal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Agent to Prepare. The evaluation agent shall:
(1) Conduct a preliminary analysis of the technical data, business information packages, and equipment; and
(2) Prepare and submit to the applicant an evaluation proposal.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.04 - State Board Certification - Evaluation and Decision › Section 33.09.04.02 - Authorization to Proceed

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authorization Required. The State Board is aware of the need for vendors and manufacturers to control costs. Accordingly, evaluation of the system will not proceed until the applicant, having reviewed the evaluation proposal, notifies the State Board to proceed.
B. Notice by Applicant.
(1) The applicant shall review the evaluation proposal and notify the State Board of its intent to continue or terminate the evaluation process.
(2) The notice shall be in writing and sent to the State Administrator, with a copy to the evaluation agent.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.04 - State Board Certification - Evaluation and Decision › Section 33.09.04.03 - Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Supplemental Qualification Testing. The applicant is responsible for arranging with an independent testing laboratory for any supplemental qualification testing identified in the evaluation proposal.
B. Certification Testing. After all supplemental qualification tests have been successfully completed, the evaluation agent shall proceed to:
(1) Conduct the certification testing and other evaluation activities described in the evaluation proposal; and
(2) Submit a report of the findings to the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.04 - State Board Certification - Evaluation and Decision › Section 33.09.04.04 - Administrator's Recommendations

Current through Register Vol. 51, No. 14, July 12, 2024
The State Administrator shall refer the evaluation agent's report to the State Board, together with the State Administrator's recommendations.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.04 - State Board Certification - Evaluation and Decision › Section 33.09.04.05 - Public Demonstration and Comment

Current through Register Vol. 51, No. 14, July 12, 2024
Prior to the State Board's determination on whether to grant certification under Regulation .06 of this chapter, the State Administrator shall provide a public demonstration of the voting system and solicit comments from the public on the system and its proposed certification.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.04 - State Board Certification - Evaluation and Decision › Section 33.09.04.06 - Board Decision

Current through Register Vol. 51, No. 14, July 12, 2024
Based on the evaluation agent's report, the State Administrator's recommendations, and any other information in its possession, the State Board shall decide whether the proposed voting system will be certified for use in this State and so notify the vendor.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.04 - State Board Certification - Evaluation and Decision › Section 33.09.04.07 - System Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
As required by Election Law Article, §
									9-102(i), Annotated Code of Maryland, the State Board will adopt regulations governing the use of each voting system that it certifies.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.05 - State Board - Acquisition and Acceptance › Section 33.09.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to each contract for the purchase or lease by the State Board of all or any part of a voting system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.05 - State Board - Acquisition and Acceptance › Section 33.09.05.02 - Certification and Acceptance Contingency

Current through Register Vol. 51, No. 14, July 12, 2024
The contract shall provide that:
A. The sale or lease is contingent on successful completion of all acceptance testing; and
B. If the product fails acceptance testing, the State Board may cancel the contract without penalty.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.05 - State Board - Acquisition and Acceptance › Section 33.09.05.03 - Governing Law

Current through Register Vol. 51, No. 14, July 12, 2024
The contract shall provide that Maryland law prevails in all matters.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.05 - State Board - Acquisition and Acceptance › Section 33.09.05.04 - Source Code Protection

Current through Register Vol. 51, No. 14, July 12, 2024
The contract shall provide that, if the vendor discontinues its support of the system for any reason, the State Board is authorized to use the archival system source codes and other software in any way that the State Board considers necessary or appropriate to support the continued use of the system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.06 - Implementation and Use › Section 33.09.06.01 - Implementation Plan Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. Voting System Implementation Plan.
(1) The State Administrator shall develop a voting system implementation plan.
(2) The plan shall include:
(a) A detailed project schedule;
(b) All tasks required by the Department of Information Technology for implementation of a major information technology project;
(c) Documentation and training of election personnel and election judges;
(d) Detailed instructions for all aspects of the management and maintenance of the system; and
(e) Security of the system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.06 - Implementation and Use › Section 33.09.06.02 - Public Education Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Plan Development. The State Administrator shall develop a public education program to ensure that the community understands the new system.
B. Minimum Components; Scope.
(1) The program shall include:
(a) Preelection mailing to all households, with both written and graphic instructions on how to use the system; and
(b) Instructions in each polling place of how to use the system to vote.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.06 - Implementation and Use › Section 33.09.06.03 - Equipment Allocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. For a regularly scheduled primary or general election, the State Administrator, in consultation with the local boards, shall determine the amount of voting equipment assigned to each voting location.
B. For purposes of determining the amount of voting equipment under §A of this regulation, the State Administrator shall consider:
(1) The estimated turnout for early voting and absentee voting;
(2) Historical turnout for each precinct;
(3) The length of the ballot; and
(4) Any other factor deemed to impact turnout and the length of the time to vote.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.07 - Compliance and Decertification › Section 33.09.07.01 - Time Table

Current through Register Vol. 51, No. 14, July 12, 2024
A. Termination for Delay. The State Board reserves the right to terminate the certification process if the applicant at any time fails to proceed in a timely manner. In particular, if 30 days expire between a request by the State Administrator or the evaluation agent for information and the applicant's response, the State Administrator may terminate the certification process and return the technical data package to the applicant.
B. Other Terminations. The certification process is also terminated if:
(1) An applicant withdraws its application; or
(2) The system fails the certification test.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.07 - Compliance and Decertification › Section 33.09.07.02 - Compliance Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Vendors.
(1) A vendor is responsible for ensuring that every voting system and every system component that it supplies for use in this State has been certified by the State Board.
(2) Before a vendor distributes any change to the hardware, firmware, or software of a certified voting system (including any improvement, upgrade, or patch), the vendor shall submit the proposed change to the State Administrator for review or acceptance. Failure to comply with this requirement may result in the system's decertification.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.07 - Compliance and Decertification › Section 33.09.07.03 - Validation of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
If any question arises involving the certification of a voting system or a system component being used in this State, the technical data package on file with the State Board and the results of the certification testing shall be used to verify whether the system or component in question is identical to the system or component that was submitted for certification.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.07 - Compliance and Decertification › Section 33.09.07.06 - Periodic Reviews

Current through Register Vol. 51, No. 14, July 12, 2024
The State Administrator shall periodically review the voting system used in this State to assure the:
A. System's continued ability to perform all functions required by Election Law Article, Annotated Code of Maryland, and this subtitle; and
B. Local board's continued ability to use the system without relying primarily on vendors.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.07 - Compliance and Decertification › Section 33.09.07.07 - Required Decertification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Deficiency. If, at any time, the State Administrator determines that a voting system fails to meet one or more of the standards in Election Law Article, §
									9-102(d)(1)(i)  -(iii), Annotated Code of Maryland, the State Administrator shall notify all local boards and all known vendors of that particular system that, unless the deficiency is promptly corrected, the system will be referred to the State Board to have its certification for future sale and use in Maryland rescinded.
B. Contents of Notice. The notice shall:
(1) Describe the deficiency; and
(2) Provide system vendors and local boards using the system a reasonable opportunity to respond and implement steps to correct the deficiency.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 09 - VOTING SYSTEMS - CERTIFICATION AND GENERAL REQUIREMENTS › Chapter 33.09.07 - Compliance and Decertification › Section 33.09.07.08 - Permissive Decertification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Deficiency. If, at any time, the State Administrator determines that a voting system no longer merits certification, the State Administrator may notify all local boards and all known vendors of that particular system that the system will be referred to the State Board to have its certification for future sale or use in Maryland rescinded.
B. Contents of Notice. The notice shall:
(1) Describe the reasons for the proposed decertification; and
(2) Provide system vendors and local boards using the system a reasonable opportunity to respond and explain why the system should not be decertified.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.02 - System Description

Current through Register Vol. 51, No. 14, July 12, 2024
A. Precinct Tabulator. The precinct tabulator is digital scanning and tabulating equipment with a:
(1) Liquid crystal display and touch panel interface;
(2) Removable memory device to store ballot images and election results;
(3) Thermal printer; and
(4) Battery back-up.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.03 - System Specifications-In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Privacy.
(1) The tabulators shall store digital ballots images randomly to preserve the secrecy of the digital ballot images.
(2) Each ballot marking device shall include a voting booth.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.04 - System Specifications-DS200 Precinct Tabulator

Current through Register Vol. 51, No. 14, July 12, 2024
A. Capability. If the DS200 unit is used as a precinct tabulator, the unit shall automatically print a totals report immediately once the election is ended on the tabulator.
B. Use in Counting Center. The DS200 unit may also be used as a counting center tabulator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.05 - System Specifications-Express Vote Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Capability. The ExpressVote unit shall:
(1) Display a voter's correct ballot;
(2) Allow a voter to make and change selections on a touchscreen interface, and
(3) Print a ballot activation card with the voter's selections.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.06 - System Specifications-DS850 High Speed Tabulator

Current through Register Vol. 51, No. 14, July 12, 2024
The DS850 unit shall be used as a counting center tabulator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.07 - System Specifications-Ballot Box

Current through Register Vol. 51, No. 14, July 12, 2024
A. A ballot box shall:
(1) Be designed to ensure the secrecy and security of the ballots placed in it;
(2) Be attached to the precinct tabulator; and
(3) Have an emergency ballot compartment.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.09 - System Management

Current through Register Vol. 51, No. 14, July 12, 2024
A. Control. The State Administrator shall maintain management control over the voting system and all support personnel provided by the vendor.
B. Transfer to Vendor for Repairs. If any equipment is transferred to a vendor for repairs, the equipment:
(1) May not be used for voting or any other election purposes while it is under the vendor's control; and
(2) Shall be tested by the State Board or local board before it may be used for voting or any other election purposes.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.10 - Voting Options

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the general requirements of COMAR 33.09.02, the system shall prevent the voter from voting or alert the voter that the voter has voted:
A. For more candidates for any office than the number for which the voter is entitled to vote;
B. For a candidate for the same office more than once; or
C. On any question more than once.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.11 - Voting Equipment-Distribution

Current through Register Vol. 51, No. 14, July 12, 2024
A. Early Voting Center. Each early voting center shall have:
(1) At least two precinct tabulators with ballot boxes and two ballot transfer bins; and
(2) The number of ballot marking devices as determined by the State Administrator under COMAR 33.17.04.03A.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.12 - Recording Votes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Accuracy. The system shall record votes accurately.
B. How Recorded. Votes shall be recorded on the memory device as:
(1) Summary totals for each candidate and question; and
(2) Individual ballot images of each voter's ballot, randomized so as to protect voter secrecy.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.13 - Ballot Totaling and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The voting system shall be capable of totaling and reporting:
(1) The number of ballots voted in an election;
(2) The number of votes cast for a candidate;
(3) The number of votes cast for or against a question;
(4) The number of undervotes and overvotes in a contest; and
(5) In a primary election:
(a) The number of ballots voted in each party's primary; and
(b) The number of ballots voted in any nonpartisan ballot election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.14 - Preelection Testing-In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Test Required.
(1) For each election, a local board shall test the voting system components as defined in Regulation . 02 of this chapter.
(2) The test shall be completed:
(a) For the voting equipment being used for early voting, at least 14 days before election day; and
(b) For the election management system and the voting equipment being used for election day and for absentee and provisional voting, at least 10 days before election day.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.15 - Preelection Testing-When and How Conducted

Current through Register Vol. 51, No. 14, July 12, 2024
A. Processing Test Deck.
(1) The test shall be conducted by processing a separate test deck for each ballot style.
(2) For a precinct tabulator used as a precinct tabulator, the test deck shall include the ballot style or styles for that precinct.
(3) For a tabulator used as a counting center tabulator, the test deck shall include all ballot styles for that election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.16 - Preelection Testing-Public Demonstration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Demonstration Required. The local board shall conduct a public demonstration of the preelection testing.
B. Required Elements. At the public demonstration, the local board shall:
(1) Demonstrate how the preelection testing was conducted; and
(2) Allow the public to inspect the printouts of results from the preelection testing.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.17 - Ballots - In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Content and Arrangement. The content and arrangement of all ballots shall comply with Election Law Article, Title 9, Subtitle 2, Annotated Code of Maryland, and this chapter.
B. Printing.
(1) Typesetting, ink color, paper stock, and stock colors shall meet all specifications set by:
(a) Election Law Article, Annotated Code of Maryland;
(b) This chapter; and
(c) The voting system 's manufacturer.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.18 - Ballots- Chain of Custody

Current through Register Vol. 51, No. 14, July 12, 2024
A. System of Accountability Required. Subject to approval of the State Administrator, each local board shall establish and maintain a system to account for, and maintain control over, the ballots from the beginning of production through post-election storage and disposition.
B. Record of Chain of Custody Required. The election judges shall prepare a record sufficient to document control of all ballots issued to a polling place, in accordance with written procedures and on forms provided by the local board and approved by the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.19 - Opening the Polls

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. At least 30 minutes before polls open, a bipartisan pair of election judges shall unseal and turn on the voting equipment in accordance with the judges' manual.
B. Judges' Manual. The judges' manual shall provide detailed opening procedures, including:
(1) How to place and set up the voting equipment and privacy booths;
(2) How to prepare the voting equipment for voting, including printing, reviewing, and posting the zero reports;
(3) How to verify that the public counter for the precinct tabulator is zero and the correct precinct information displays;
(4) How to verify that the ballot box and ballot transfer bin are empty; and
(5) What instructions and materials to display.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.20 - Voting Assistance-In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Demonstration Ballot to Be Available.
(1) The local board shall provide each voting location with an adequate supply of demonstration ballots and instructions for election judges to demonstrate how to vote.
(2) The demonstration ballot shall be:
(a) The ballot used for voter outreach;
(b) A specimen ballot for that voting location; or
(c) Sample ballot screens identical to those that will appear on the ballot marking device in that voting location.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.21 - Voting Assistance-Spoiled Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. Obtaining Replacement.
(1) Except as provided in §A(2) of this regulation, a voter who makes an error or otherwise spoils a ballot may return the ballot to an election judge and obtain another ballot.
(2) A voter may not be issued more than two replacement ballots.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.22 - Precinct Tabulator-Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Placement of Precinct Tabulator. The precinct tabulator shall be placed so that the process of depositing ballots can be conveniently observed by the:
(1) Voter offering a ballot;
(2) Election judges; and
(3) Challengers and watchers.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.23 - Voting

Current through Register Vol. 51, No. 14, July 12, 2024
The judges' manual shall provide detailed procedures for issuing, marking, and tabulating ballots, replacing and securing a full ballot transfer bin, and basic troubleshooting of the ballot marking device and the precinct tabulator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.24 - Closing the Polls-In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Immediately after the polls are closed, a bipartisan pair of election judges shall perform the closing tasks in accordance with the judges ' manual.
B. Judges' Manual. The judges' manual shall provide detailed closing procedures, including:
(1) How to tally voted ballots in the emergency ballot compartment;
(2) How to document the public counter and protective counter totals on the precinct tabulator;
(3) How to end the election;
(4) How to print, sign, and post total reports;
(5) How to remove the memory devices from the voting equipment;
(6) How to remove and seal the ballot transfer bin;
(7) How to seal and store the voting equipment; and
(8) How to return materials to the local board or counting center.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.25 - Return of Materials from Voting Locations

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The judges' manual shall provide detailed procedures for the secure, orderly, and accountable return of all election equipment and other election materials from voting locations.
B. Return of Priority Items.
(1) These procedures shall provide for the priority handling of:
(a) Memory devices;
(b) Voted ballots;
(c) Keys to access various voting system compartments;
(d) Reports printed from the precinct tabulators; and
(e) Supply bags.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.26 - Generating Election Results

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procedures. The State Administrator shall develop and issue written procedures for:
(1) Assembling memory devices and ballots returned from voting locations;
(2) Tabulating voted ballots that could not be tabulated by the precinct tabulator;
(3) Tabulating and reporting write-in votes;
(4) Manually entering results into the election management system;
(5) Reviewing, inspecting, and tabulating early voting and election day ballots;
(6) Reviewing, inspecting, and tabulating absentee and provisional ballots;
(7) Producing countywide results and other data, including totals from early voting, polling place voting, and absentee and provisional voting;
(8) Securing the premises where vote tabulation and aggregation are being conducted; and
(9) Defining who may be admitted to the premises while vote tabulation and aggregation is taking place.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.27 - System Security-Permissible Use

Current through Register Vol. 51, No. 14, July 12, 2024
The voting system and its components may be used only for conducting elections and may not be used for any other election office purpose.