Sec. 33.08.05.07. Post-Election Audit — Absentee and Provisional Voting

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;

(2) Rejected absentee ballots to determine whether each ballot was properly rejected by confirming that:

(a) The absentee ballot was not timely received as provided under COMAR 33.11.03.08; or

(b) The absentee ballot was rejected for another valid reason;

(3) Accepted provisional ballots to determine whether each ballot was properly accepted by confirming that:

(a) On or before election day, the voter was registered to vote and voted the ballot for the precinct in which the voter resides; and

(b) All other applicable acceptance criteria were met;

(4) Partially accepted provisional ballots to determine whether each ballot was properly partially accepted by confirming that:

(a) On or before election day, the voter was registered to vote but did not vote the ballot for the precinct in which the voter resides; and

(b) All other applicable acceptance criteria were met; and

(5) Rejected provisional ballots to determine whether each ballot was properly rejected by confirming that:

(a) On or before election day, the voter was not registered to vote; or

(b) The voter’s ballot was rejected for another valid reason.

C. Notification. The election director shall provide a copy of the materials reviewed under §B of this regulation to:

(1) The local board of canvassers at the time of certification; and

(2) The State Administrator after certification.

D. Certifying the election.

(1) If the audit demonstrates that an absentee or provisional ballot was improperly rejected, the local board of canvassers shall accept and count the absentee or provisional ballot prior to the certification of the election.

(2) If the audit demonstrates that absentee and provisional ballots were improperly accepted and that discrepancy is:

(a) Less than the vote margin of any contest on the ballot in that county, the local board of canvassers shall accept the audit results and certify the election; or

(b) Greater than the vote margin of any contest on the ballot, the local board of canvassers may not certify until any corrective actions required by the State Administrator are completed.