State Summary
Cross-filed bills House Bill 426 and Senate Bill 313, which were signed into law in 2025, require the State Board of Elections (hereinafter called the State Board) to coordinate a risk-limiting audit (RLA) of at least one statewide contest following each statewide general election. Local boards may also decide to conduct an RLA of a local contest. The State Board can also elect to conduct RLAs after special general elections. The RLA must take place prior to the certification of election results by the Board of State Canvassers. In addition to the RLA, the State Board may conduct an “automated software audit” of ballot images after a statewide election.
Unless otherwise specified, references are to Md. Code, Elec. Law § 11-309.
Voting Systems Used
Maryland uses hand-marked paper ballots and optical scanners in polling places statewide, with ballot marking devices for accessibility. For the most current information please visit Verified Voting’s Verifier.
For an explanation on the types of voting equipment used, click here.
Audit Comprehensiveness
We consider Maryland’s RLA statute to encompass all ballot types, with an RLA defined as “a postelection audit procedure that employs statistical methods to ensure a large, predetermined minimum chance of requiring a full manual count of voter-verifiable paper records.” Md. Code, Elec. Law § 11-309(a)(7).
Transparency
The statute states that the audit shall be “observable by the public to the maximum extent practicable.” Md. Code, Elec. Law § 11-309(b)(4)(iii). The statute also requires the state administrator to report the results of the audit to the Board of State Canvassers and the State Board, though the statute does not specify whether the report must be made public. Md. Code, Elec. Law § 11-309(b)(6).
Audit Counting Method
The audit statute requires the RLA to be conducted manually. Md. Code, Elec. Law § 11-309(b)(4)(i).
Type Of Audit Units
The audit statute allows for an audit of individual ballots or batches of ballots, so we classify Maryland as using a mix of types. Md. Code, Elec. Law § 11-309(b)(4)(i).
Contests & Issues Audited
The statute requires an audit of at least one statewide contest and allows the State Board to select additional contests for audit. Contests for which the term begins in December are not eligible for audit unless the county agrees to audit the contest in question. Md. Code, Elec. Law § 11-309(b)(1)–(3). The State Board is charged with establishing criteria for selecting the contests to be audited. Md. Code, Elec. Law § 11-309(e)(2)(i).
Local boards may also conduct risk-limiting audits of local contests at their discretion. Md. Code, Elec. Law § 11-309(d).
Addressing Discrepancies
Maryland employs a risk-limiting audit, which can expand to a full manual count. Md. Code, Elec. Law § 11-309(a)(7). Note that in statute, if the risk-limiting audit finds that the original election outcome is “inaccurate, the state administrator, in consultation with the State Board, shall direct the relevant board of canvassers to immediately investigate the matter to determine an accurate election result.” Md. Code, Elec. Law § 11-309(b)(5)(i).
For recount laws, see the Recount Law Database.
Timeline
The audit must be completed before state certification of election results. Md. Code, Elec. Law § 11-309(b)(4)(ii).
Binding On Official Outcomes
The audit is considered binding. If the audit finds that the original outcome is incorrect, the board of canvassers must correct the election result, in accordance with regulations adopted by the State Board. Md. Code, Elec. Law § 11-309(b)(5)(iii).
Oversight & Conduct
The State Board develops procedures for the risk-limiting audit, and local boards conduct the audit. The state administrator reports audit results to the Board of State Canvassers and the State Board and also coordinates with the State Board to address discrepancies found in the audit.
The state administrator conducts the now-optional automated audit. Md. Code Regs. 33.08.05.10.
Ballot Protection
The person designated to maintain custody of the documents and records required under this title shall maintain and secure those items in accordance with the regulations adopted by the State Board. Md. Code, Elec. Law § 11-306. See also Md. Code Regs. 33.10.01.29, “System Security.”
Additional Targeted Samples
The statute does not directly provide for targeted samples, although it does grant discretion to the state administrator and State Board to direct an investigation into outcome-altering discrepancies found in the audit. Md. Code, Elec. Law § 11-309(b)(5)(i).
Resources
Md. Code, Elec. Law § 11-309: Audit provisions
Md. Code Regs. 33.08.05.10: Automated audit
Md. Code, Elec. Law § 11-306 and Md. Code Regs. 33.10.01.29: Ballot protection
Last updated: November 12, 2025