§ 12-108

(a) (1) In this section the following words have the meanings indicated.

(2) “Duplicate ballot” means a paper ballot that:

(i) is created by a local board for purposes of vote tabulation by an optical scanner because the voter–verifiable paper record submitted by the voter is not acceptable for vote tabulation by an optical scanner; and

(ii) is a copy of a voter–verifiable paper record that:

1. for an absentee ballot returned by mail, reflects the intent of the voter; or

2. for a provisional ballot, includes only the votes for contests for which the voter is eligible to vote.

(3) “Voter–verifiable paper record” has the meaning stated in § 9–102 of this article.

(b) (1) In a recount under this subtitle, subject to paragraph (2) of this subsection, the petitioner shall select the method for conducting the recount.

(2) The petitioner may select only one of the following methods:

(i) rescanning the ballots using:

1. the same vote tabulating equipment that was used in the election; or

2. alternative vote tabulating equipment, if alternative equipment is available and its use is feasible, as determined by the State Board;

(ii) a manual recount of voter–verifiable paper records; or

(iii) any other recount method approved by the State Administrator.

(c) A local board shall:

(1) preserve the voter–verifiable paper record corresponding to each duplicate ballot that is created; and

(2) store each duplicate ballot that is created together with the corresponding voter–verifiable paper record.

(d) In a recount under this subtitle, a local board shall:

(1) examine the voter–verifiable paper record and duplicate ballot; and

(2) (i) if the voter–verifiable paper record and duplicate ballot do not match, create a new duplicate ballot that accurately reflects the voter’s intent and count that duplicate ballot; or

(ii) if the voter–verifiable paper record and duplicate ballot match, count the duplicate ballot.