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33.10.01.00.htm 33.10.01.00. Title 33 STATE BOARD OF ELECTIONS Subtitle 10 VOTING SYSTEMS ― SYSTEM REQUIREMENTS AND PROCEDURES Chapter 01 EVS Voting Solution Authority: Election Law Article, §2-102(b)4) 2-202(b) 9-102, 9-105, and 11-201, and Title 9, Subtitle 2, Annotated Code of Maryland
33.10.01.01.htm 33.10.01.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Audio ballot” means a ballot presented in an audio format, containing the same contest order and selections as the corresponding paper or visual ballot.2) “Audio-tactile keypad” means an assistive device used by a voter to navigate and make selections on the ballot marking device.3) Ballot Box.. a) “Ballot box” means a sealable container for receiving and securing voted
33.10.01.02.htm 33.10.01.02. 02 System Description.. 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.. B. Ballot Marking Device.. 1) The ballot marking device is an accessible device with a thermal printer and battery back-up.. 2) The ballot marking device includes:.
33.10.01.03.htm 33.10.01.03. 03 System Specifications ― In General.. 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.. B. Auditability. The tabulators shall provide a vote cast record of all ballots cast and audit log of alerts provided to voters and tabulator events and errors.C. Memory Device.. 1) Each precinct tabulator and high speed tabulator shall have a memory dev
33.10.01.04.htm 33.10.01.04. 04 System Specifications ― DS200 Precinct Tabulator.. 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..
33.10.01.05.htm 33.10.01.05. 05 System Specifications ― ExpressVote Unit.. 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.. B. The voting booth used with the ExpressVote unit shall be constructed and controlled so that, while voting is in progress, an individual may not:1) Tamper with the device; or.
33.10.01.06.htm 33.10.01.06. 06 System Specifications ― DS850 High Speed Tabulator.. The DS850 unit shall be used as a counting center tabulator..
33.10.01.07.htm 33.10.01.07. 07 System Specifications ― Ballot Box.. 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.. B. Each ballot box shall have a slot opening that is:. 1) Big enough to allow easy passage of ballots to be scanned and tabulated by the DS200 precinct tabulator; and2) Capable of being sealed or locked..
33.10.01.08.htm 33.10.01.08. 08 Reserved..
33.10.01.09.htm 33.10.01.09. 09 System Management.. 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; and2) Shall be tested by the State Board or local board before it may be used for voting or any other e
33.10.01.10.htm 33.10.01.10. 10 Voting Options.. 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..
33.10.01.11.htm 33.10.01.11. 11 Voting Equipment ― Distribution.. 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.B. Election Day. Each precinct shall have:. 1) At least one precinct tabulator with a ballot box and one ballot transfer bin;. 2) At least one ballot marking device unit; and.
33.10.01.12.htm 33.10.01.12. 12 Recording Votes.. 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..
33.10.01.13.htm 33.10.01.13. 13 Ballot Totaling and Reporting.. 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..
33.10.01.14.htm 33.10.01.14. 14 Preelection Testing ― In General.. 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.
33.10.01.15.htm 33.10.01.15. 15 Preelection Testing ― When and How Conducted.. 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.B. Scope of Test Script.. 1) For each ballot markin
33.10.01.16.htm 33.10.01.16. 16 Preelection Testing ― Public Demonstration.. 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.. C. Notice.. 1) The local board shall provide written notice of the public demonstration to:.
33.10.01.17.htm 33.10.01.17. 17 Ballots ― In General.. 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..
33.10.01.18.htm 33.10.01.18. 18 Ballots ― Accounting.. A. Accounting Required. The election judges shall prepare an accounting 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.B. Scope of Accounting. The accounting shall include the number of ballots:. 1) Furnished to the polling place;. 2) Issued to voters;. 3) Voted;. 4) Spoiled; and. 5) Not used..
33.10.01.19.htm 33.10.01.19. 19 Opening the Polls.. 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 ze3) How to verify that the
33.10.01.20.htm 33.10.01.20. 20 Voting Assistance ― In General.. 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 vo
33.10.01.21.htm 33.10.01.21. 21 Voting Assistance ― Spoiled Ballots.. 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.. B. Obscuring Prior Votes. Before the election judge accepts a spoiled ballot, the election judge shall instruct the voter to:1) If the voter manually marked one or more contes
33.10.01.22.htm 33.10.01.22. 22 Precinct Tabulator ― Attendance.. 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.. B. Constant Attendance Required. From the time the polls are opened until the ballots are returned to the counting center, the precinct tabulator shall be attended by at least one election judge.
33.10.01.23.htm 33.10.01.23. 23 Voting.. 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.
33.10.01.24.htm 33.10.01.24. 24 Closing the Polls ― In General.. 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;.
33.10.01.25.htm 33.10.01.25. 25 Return of Materials from Voting Locations.. 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.
33.10.01.26.htm 33.10.01.26. 26 Generating Election Results.. 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;.
33.10.01.27.htm 33.10.01.27. 27 System Security ― Permissible Use.. The voting system and its components may be used only for conducting elections and may not be used for any other election office purpose.
33.10.01.28.htm 33.10.01.28. 28 System Security ― Retention of Election Databases and Artifacts.. A. In General. Each time a local board creates a back-up database, the local board shall secure and retain that back-up database.B. Test Deck. The local board shall secure and retain the test script and deck used during preelection testing required under Regulations .14 and .15 of this chapter.C. How and Where.. 1) The election databases and test scripts and decks shall be retained in a secure location, designa
33.10.01.29.htm 33.10.01.29. 29 System Security ― Post-Tabulation Security.. A. Board to Develop Retention Plan.. 1) The local board shall develop a written plan for retaining and storing the following materials after an election:a) Memory devices;. b) Voted and unvoted ballots;. c) Voting system reports; and. d) Other data processing materials related to the election.. 2) The plan shall be:. a) Consistent with the Election Records Management Program established under COMAR 33.03.01; and.
33.10.01.9999.htm 33.10.01.9999. Administrative History Effective date:. Regulations .01―07 and Regulations .09―29 adopted effective April 11, 2016 (43:7 Md. R. 452). Regulation .17F amended effective February 10, 2020 (47:3 Md. R. 173).
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