H.F. 928 Section 1. Section 43.49, subsection 1, unnumbered 1 paragraph 1, Code 2025, is amended to read as follows: 2 On the Monday or Tuesday following the primary election, the 3 board of supervisors shall meet, open, and canvass the returns 4 from each voting precinct in the county, and make abstracts 5 thereof, stating the following: 6 Sec. 2. Section 43.56, subsection 2, Code 2025, is amended 7 by striking the subsection. 8 Sec. 3. Section 46.24, subsection 1, Code 2025, is amended 9 to read as follows: 10 1. A judge of the supreme court, court of appeals, or 11 district court including a district associate judge, full-time 12 associate juvenile judge, or full-time associate probate judge, 13 or a clerk of the district court must receive more affirmative 14 than negative votes to be retained in office. When the poll 15 is closed, the election judges shall publicly canvass the vote 16 forthwith. The board of supervisors shall canvass the returns 17 on the Monday or Tuesday after the election, and shall promptly 18 certify the number of affirmative and negative votes on each 19 judge or clerk to the state commissioner of elections. 20 Sec. 4. Section 50.21, subsection 1, Code 2025, is amended 21 to read as follows: 22 1. The commissioner shall reconvene the election board of 23 the special precinct established by section 53.20 not earlier 24 than noon on the second day following each election which 25 is required by law to be canvassed on the Monday or Tuesday 26 following the election. If the second day following such an 27 election is a legal holiday the special precinct election board 28 may be convened at noon on the day following the election, and 29 if the canvass of the election is scheduled at any time earlier 30 than the Monday Tuesday following the election, the special 31 precinct election board shall be reconvened at noon on the day 32 following the election. 33 Sec. 5. Section 50.24, subsections 1 and 4, Code 2025, are 34 amended to read as follows: 35 -1- HF 928 (2) 91 ss/ns/md 1/ 14

H.F. 928 1. The county board of supervisors shall meet to canvass 1 the vote on the first Monday or Tuesday after the day of 2 each election to which this chapter is applicable, unless 3 the law authorizing the election specifies another date for 4 the canvass. If that Monday or Tuesday is a public holiday, 5 section 4.1, subsection 34 , controls. 6 4. For a regular or special city election or a city runoff 7 election, if the city is located in more than one county, the 8 controlling commissioner for that city under section 47.2 shall 9 conduct a second canvass on the second Monday or Tuesday after 10 the day of the election. However, if a recount is requested 11 pursuant to section 50.48 , the controlling commissioner shall 12 conduct the second canvass within two business days after the 13 conclusion of the recount proceedings. Each commissioner 14 conducting a canvass for the city pursuant to subsection 1 15 shall transmit abstracts for the offices and public measures of 16 that city to the controlling commissioner for that city, along 17 with individual tallies for each write-in candidate. At the 18 second canvass, the county board of supervisors of the county 19 of the controlling commissioner shall canvass the abstracts 20 received pursuant to this subsection and shall prepare a 21 combined city abstract stating the number of votes cast in the 22 city for each office and on each question on the ballot for 23 the city election. The combined city abstract shall further 24 indicate the name of each person who received votes for each 25 office on the ballot, the number of votes each person named 26 received for that office, and the number of votes for and 27 against each question submitted to the voters at the election. 28 The votes of all write-in candidates who each received less 29 than five percent of the total votes cast in the city for 30 an office shall be reported collectively under the heading 31 “scattering”. 32 Sec. 6. Section 50.24, subsection 5, paragraph a, Code 2025, 33 is amended to read as follows: 34 a. For a regular or special school election, if the school 35 -2- HF 928 (2) 91 ss/ns/md 2/ 14

H.F. 928 district is located in more than one county, the controlling 1 commissioner for that school district under section 47.2 shall 2 conduct a second canvass on the second Monday or Tuesday after 3 the day of election. However, if a recount is requested 4 pursuant to section 50.48 , the controlling commissioner shall 5 conduct the second canvass within two business days after the 6 conclusion of the recount proceedings. Each commissioner 7 conducting a canvass for the school district pursuant to 8 subsection 1 shall transmit abstracts for the offices and 9 public measures of that school district to the controlling 10 commissioner for that school district, along with individual 11 tallies for each write-in candidate. At the second canvass the 12 county board of supervisors of the controlling county shall 13 canvass the abstracts received pursuant to this subsection and 14 shall prepare a combined school district abstract stating the 15 number of votes cast in the school district for each office and 16 on each question on the ballot for the school election. The 17 combined school district abstract shall further indicate the 18 name of each person who received votes for each office on the 19 ballot, the number of votes each person named received for that 20 office, and the number of votes for and against each question 21 submitted to the voters at the election. The votes of all 22 write-in candidates who each received less than five percent of 23 the total votes cast in the school district for an office shall 24 be reported collectively under the heading “scattering”. 25 Sec. 7. Section 50.48, subsection 1, paragraph a, 26 unnumbered paragraph 1, Code 2025, is amended to read as 27 follows: 28 The Except as provided in paragraph “c” , the county board 29 of canvassers shall order a recount of the votes cast for 30 a particular office or nomination in one or more specified 31 each election precincts in that county precinct where a vote 32 was cast for an office if a written request for a recount is 33 made not later than 5:00 p.m. on the third day following the 34 county board’s canvass of the election in question and the 35 -3- HF 928 (2) 91 ss/ns/md 3/ 14

H.F. 928 abstracts prepared pursuant to section 50.24, or section 43.49 1 in the case of a primary election, indicate that the difference 2 between the total number of votes cast for the apparent winner 3 and the total number of votes cast for the candidate requesting 4 the recount is less than either one percent or fifty votes, 5 whichever is lesser . For a city runoff election held pursuant 6 to section 376.9 , the written request must be made not later 7 than 5:00 p.m. on the day following the county board’s canvass 8 of the city runoff election. The request shall be filed with 9 the commissioner of that county and shall be signed by either 10 of the following: 11 Sec. 8. Section 50.48, subsection 1, Code 2025, is amended 12 by adding the following new paragraphs: 13 NEW PARAGRAPH . c. The state commissioner of elections 14 shall order a recount of the votes cast for the election or 15 nomination of a candidate for a statewide elected office, 16 member of the general assembly, or federal office in each 17 precinct where a vote was cast for the office if a written 18 request for a recount is made not later than 5:00 p.m. on the 19 day following the county board’s canvass of the election in 20 question and the abstracts prepared pursuant to section 50.24, 21 or section 43.49 in the case of a primary election, indicate 22 that the difference between the total number of votes cast 23 for the apparent winner and the total number of votes cast 24 for the candidate requesting the recount is less than fifteen 25 hundredths of one percent for the election or nomination of a 26 candidate for a statewide elected office or federal office, 27 or less than either one percent or fifty votes, whichever is 28 lesser, for all other elections or nominations. Immediately 29 upon receipt of a request for a recount pursuant to this 30 paragraph, the state commissioner of elections shall send a 31 copy of the request to each commissioner of a county where a 32 ballot for the office was cast, who shall conduct a recount 33 as provided by this section and on such date as the state 34 commissioner of elections may direct. The state commissioner 35 -4- HF 928 (2) 91 ss/ns/md 4/ 14

H.F. 928 of elections shall order the start of a recount pursuant to 1 this paragraph within seven days of receipt by the state 2 commissioner of elections of the request for a recount. A 3 candidate for an office filled by the electors of the entire 4 state shall not be required to pay more than one bond for a 5 recount. 6 NEW PARAGRAPH . d. Immediately upon receipt of a request 7 for a recount for an office filled by the electors of more than 8 one county, other than from the state commissioner of elections 9 pursuant to paragraph “c” , the commissioner shall send a copy of 10 the request to each commissioner of a county where a ballot for 11 the office was cast, who shall conduct a recount as provided in 12 this section. 13 Sec. 9. Section 50.48, subsection 2, Code 2025, is amended 14 by striking the subsection. 15 Sec. 10. Section 50.48, subsections 3 and 4, Code 2025, are 16 amended to read as follows: 17 3. a. The recount shall be conducted by a board which shall 18 consist of : 19 (1) A designee of the candidate requesting the recount, who 20 shall be named in the written request when it is filed. 21 (2) A designee of the apparent winning candidate, who shall 22 be named by that candidate at or before the time the board is 23 required to convene. 24 (3) A person chosen jointly by the members designated 25 under subparagraphs (1) and (2) the commissioner and the 26 commissioner’s staff . The commissioner may assign persons 27 employed by the commissioner to tally ballots during the 28 election as members of the recount board. If the commissioner 29 assigns persons employed by the commissioner to tally ballots 30 during the election as members of the recount board to recount 31 an election for a partisan office, the commissioner shall 32 assign an equal number of persons from each political party. 33 b. The commissioner shall convene the persons designated 34 under paragraph “a” , subparagraphs (1) and (2), not later 35 -5- HF 928 (2) 91 ss/ns/md 5/ 14

H.F. 928 than 9:00 a.m. on the seventh day following the county 1 board’s canvass receipt of a request for the recount of the 2 election in question. If those two members cannot agree on 3 the third member by 8:00 a.m. on the ninth day following the 4 canvass, they shall immediately so notify the chief judge of 5 the judicial district in which the canvass is occurring, who 6 shall appoint the third member not later than 5:00 p.m. on the 7 eleventh day following the canvass. 8 c. The candidate requesting the recount and the apparent 9 winning candidate of the office subject to the recount may 10 select not more than five persons to observe the conduct of the 11 recount in each county where the recount is being conducted. A 12 candidate may replace an observer appointed by the candidate 13 at any time. 14 4. a. When all members of the recount board have been 15 selected convened , the board shall undertake and complete the 16 required recount as expeditiously as reasonably possible. The 17 commissioner or the commissioner’s designee shall supervise the 18 handling of ballots to ensure that the ballots are protected 19 from alteration or damage. The board shall open only the 20 sealed ballot containers from the precincts specified to be 21 recounted in the request or by the recount board. The board 22 shall recount only the all ballots which were voted and counted 23 for the office in question, including any disputed ballots 24 returned as required in section 50.5 . If automatic tabulating 25 equipment was used to count the ballots, the recount board 26 may request the commissioner to retabulate the ballots using 27 the automatic tabulating equipment. The same program used 28 for tabulating the votes on election day shall be used at the 29 recount unless the program is believed or known to be flawed. A 30 recount shall be conducted by the use of automatic tabulating 31 equipment, except that the state commissioner, for an election 32 for a member of the general assembly, or commissioner, for a 33 local elective office, may direct that an election be conducted 34 by hand due to extraordinary circumstances. The same method 35 -6- HF 928 (2) 91 ss/ns/md 6/ 14

H.F. 928 of conducting the recount shall be used in each precinct where 1 the recount is conducted. The commissioner shall make all 2 pieces of automatic tabulating equipment available for use in 3 the recount. For purposes of this paragraph, “extraordinary 4 circumstances” includes but is not limited to a machine failure 5 during an initial recount, a discrepancy between the results 6 of the initial count and the results of the initial recount, 7 and the number of overvotes for an office exceeding the 8 difference between the number of votes received by the apparent 9 winning candidate for that office and the votes received by the 10 candidate who received the second highest number of votes for 11 that office. 12 b. Any member of the recount board may at any time during 13 the recount proceedings extend the recount of votes cast for 14 the office or nomination in question to any other precinct or 15 precincts in the same county, or from which the returns were 16 reported to the commissioner responsible for conducting the 17 election, without the necessity of posting additional bond. 18 c. b. The ballots shall be resealed by the recount board 19 before adjournment and shall be preserved as required by 20 section 50.12 . At the conclusion of the recount, the recount 21 board shall make and file with the commissioner a written 22 report of its findings, which shall be signed by at least two 23 two-thirds of the members of the recount board. The recount 24 board shall complete the recount and file its report not later 25 than the eighteenth day following the county board’s canvass 26 commissioner’s receipt of a request for the recount of the 27 election in question. 28 Sec. 11. Section 50.48, Code 2025, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 9. a. The recount board shall comply with 31 all guidance issued by the state commissioner of elections 32 pursuant to section 47.1 during the conduct of a recount. The 33 state commissioner may halt a recount in a county, take custody 34 of all ballots and equipment used in the recount, and appoint 35 -7- HF 928 (2) 91 ss/ns/md 7/ 14

H.F. 928 staff to conduct a recount if the state commissioner believes 1 that a recount is not being conducted as required by law. 2 b. If the state commissioner believes that a commissioner 3 is purposefully conducting a recount in violation of law, 4 the state commissioner may impose a civil penalty on the 5 commissioner not to exceed twenty-five thousand dollars, to be 6 deposited in the general fund of the state. 7 NEW SUBSECTION . 10. Before a recount board has issued its 8 final report, the candidate or person who requested the recount 9 may reach an agreement with the apparent winner to accept the 10 results of the original canvass by submitting the agreement in 11 writing to each recount board that is conducting the recount. 12 Upon receipt of the agreement, the recount boards shall cease 13 their work and report to each county commissioner in a county 14 where the recount is being conducted that the results of the 15 original canvass are the official results. 16 Sec. 12. Section 50.49, subsection 1, Code 2025, is amended 17 to read as follows: 18 1. A recount for any public measure shall be ordered by the 19 board of canvassers if a petition requesting a recount is filed 20 with the state commissioner for a public measure voted on by 21 the electors of the entire state, or the county commissioner 22 for all other public measures, not later than three days after 23 the completion of the canvass of votes for the election at 24 which the question appeared on the ballot and the abstracts 25 prepared pursuant to section 50.24 indicate that the difference 26 between the affirmative and negative votes cast on the public 27 measure is less than fifteen hundredths of one percent for a 28 public measure voted on by the electors of the entire state, 29 or less than either one percent or fifty votes, whichever is 30 lesser, for all other public measures . The petition shall be 31 signed by the greater of not less than ten eligible electors or 32 a number of eligible electors equaling one percent of the total 33 number of votes cast upon the public measure. Each petitioner 34 must be a person who was entitled to vote on the public measure 35 -8- HF 928 (2) 91 ss/ns/md 8/ 14

H.F. 928 in question or would have been so entitled if registered to 1 vote. 2 Sec. 13. Section 50.49, subsection 4, Code 2025, is amended 3 by striking the subsection. 4 Sec. 14. Section 50.50, Code 2025, is amended to read as 5 follows: 6 50.50 Administrative recounts audits . 7 1. The commissioner who was responsible for conducting an 8 election may request an administrative recount audit when the 9 commissioner is informed or suspects that voting equipment used 10 in the election malfunctioned or that programming errors may 11 have affected the outcome of the election, or if the precinct 12 election officials report counting errors to the commissioner 13 after the conclusion of the canvass of votes in the precinct. 14 An administrative recount audit shall be conducted by the board 15 of the special precinct established by section 53.23 . Bond 16 shall not be required for an administrative recount. The 17 state commissioner may adopt rules for administrative recounts 18 audits . 19 2. If the recount board finds that there is an error 20 in the programming of any voting equipment which may have 21 affected the outcome of the election for any office or public 22 measure on the ballot, the recount board shall describe the 23 errors in its report to the commissioner. The commissioner 24 shall notify the board of supervisors. The supervisors shall 25 determine whether to order an administrative recount for any 26 or all of the offices and public measures on the ballot. Each 27 political party, as defined in section 43.2, may appoint up 28 to five observers to witness an audit conducted pursuant to 29 this section. The observers shall be appointed by the county 30 chairperson or, if the county chairperson fails to make an 31 appointment, by the state chairperson. However, if either or 32 both political parties fail to appoint an observer, the board 33 may continue with the proceedings. 34 Sec. 15. Section 57.7, Code 2025, is amended to read as 35 -9- HF 928 (2) 91 ss/ns/md 9/ 14

H.F. 928 follows: 1 57.7 Contest court for contest of public measure —— appeal . 2 The court for the trial of a contested election on a 3 public measure shall consist of one person designated by 4 the petitioners who are contesting the election, who shall 5 be designated in writing by the petitioners at the time 6 the contest is filed, one person designated by the county 7 commissioner of elections to represent the interests adverse 8 to those of the petitioners, and a third person who shall be 9 chosen jointly by the designees of the petitioners and of the 10 commissioner. If the persons selected by the petitioners and 11 the county commissioner of elections cannot agree on a third 12 person, the chief judge of the judicial district in which the 13 contest is filed shall appoint a third person to serve five 14 district court judges, appointed by the chief justice of the 15 supreme court by January 30 of each odd-numbered year . The 16 decision of the contest court may be appealed to the supreme 17 court. 18 Sec. 16. Section 58.7, Code 2025, is amended to read as 19 follows: 20 58.7 Judgment. 21 The judgment of the committee pronounced in the final 22 decision on the election shall be conclusive may be appealed to 23 the supreme court . 24 Sec. 17. Section 60.1, Code 2025, is amended to read as 25 follows: 26 60.1 Court of contest. 27 The court for the trial of contested elections for 28 presidential electors or for the office of senator or 29 representative in Congress shall consist of the chief justice 30 of the supreme court, who shall be presiding judge of the 31 court, and four five judges of the district court to be 32 selected by the chief justice of the supreme court by January 33 30 of each odd-numbered year , two three of whom , with the chief 34 justice, shall constitute a quorum for the transaction of the 35 -10- HF 928 (2) 91 ss/ns/md 10/ 14

H.F. 928 business of the court. If the chief justice should for any 1 cause be unable to attend at the trial, the judge longest on 2 the supreme court bench shall preside in place of the chief 3 justice; and any question arising as to the membership of the 4 court shall be determined by the members of the court not 5 interested in the question The district court judge longest 6 serving shall be the presiding judge of the court . 7 Sec. 18. Section 60.2, Code 2025, is amended to read as 8 follows: 9 60.2 Clerk. 10 The secretary of state clerk of the supreme court shall be 11 the clerk of the court , or, in the secretary of state’s absence 12 or inability to act, the clerk of the supreme court . 13 Sec. 19. Section 60.6, Code 2025, is amended to read as 14 follows: 15 60.6 Judgment —— appeal . 16 The judgment of the court shall determine which of the 17 parties to the action is entitled to hold the office and shall 18 be authenticated by the presiding judge and clerk of the court 19 and filed with the secretary of state; and the judgment so 20 rendered shall constitute a final determination of the title 21 to the office may be appealed to the supreme court , and a 22 certificate of appointment shall be issued to the successful 23 party. 24 Sec. 20. Section 61.1, Code 2025, is amended to read as 25 follows: 26 61.1 Contest court. 27 The court for the trial of contested state offices, except 28 that of governor and lieutenant governor, shall consist of 29 three five district judges, not interested, who shall be 30 selected by the chief justice of the supreme court. 31 Sec. 21. Section 61.2, Code 2025, is amended to read as 32 follows: 33 61.2 Clerk. 34 The secretary of state clerk of the supreme court shall be 35 -11- HF 928 (2) 91 ss/ns/md 11/ 14

H.F. 928 the clerk of this court ; but if the person holding that office 1 is a party to the contest, the clerk of the supreme court, or, 2 in case of that person’s absence or inability, the auditor of 3 state shall be clerk . 4 Sec. 22. Section 61.4, Code 2025, is amended to read as 5 follows: 6 61.4 Selection of court. 7 Upon the filing of such statement, the The chief justice of 8 the supreme court shall select the membership of the court to 9 try such contest by January 30 of each odd-numbered year , and 10 immediately certify such selection to the clerk of the supreme 11 court. Vacancies shall also be filled by the chief justice. 12 Sec. 23. Section 61.12, Code 2025, is amended to read as 13 follows: 14 61.12 Judgment filed —— execution. 15 A transcript of the judgment rendered by such court, filed 16 in the office of the clerk of the supreme court, shall have the 17 force and effect of a judgment of the supreme court, except 18 that the judgment of the court may be appealed to the supreme 19 court, and execution may issue therefrom in the first instance 20 against the party’s property generally. 21 Sec. 24. Section 62.1A, Code 2025, is amended to read as 22 follows: 23 62.1A Contest court established. 24 The court for the trial of contested county elections shall 25 consist of one member named by the contestant and one member 26 named by the incumbent. If the incumbent fails to name a 27 member, the chief judge of the judicial district shall be 28 notified of the failure to appoint. The chief judge shall 29 designate the second member within one week after the chief 30 judge is notified. These two members shall meet within three 31 days and select a third member to serve as the presiding member 32 of the court. If they cannot agree on the third member of the 33 court within three days after their initial meeting, the chief 34 judge of the judicial district shall be notified of the failure 35 -12- HF 928 (2) 91 ss/ns/md 12/ 14

H.F. 928 to agree. The chief judge shall designate the presiding member 1 within one week after the chief judge is notified a district 2 court judge from the judicial district where the county 3 election is being contested, appointed by the chief justice of 4 the supreme court by January 30 of each odd-numbered year . 5 Sec. 25. Section 62.20, Code 2025, is amended to read as 6 follows: 7 62.20 Appeal. 8 The party against whom judgment is rendered may appeal 9 within twenty days to the district supreme court, but, if 10 the party be in possession of the office, such appeal will 11 not supersede the execution of the judgment of the court as 12 provided in section 62.19 , unless the party gives a bond, with 13 security to be approved by the district judge supreme court in 14 a sum to be fixed by the judge supreme court , and which shall be 15 at least double the probable compensation of such officer for 16 six months, which bond shall be conditioned that the party will 17 prosecute the appeal without delay, and that, if the judgment 18 appealed from be affirmed, the party will pay over to the 19 successful party all compensation received by the party while 20 in possession of said office after the judgment appealed from 21 was rendered. The court shall hear the appeal in equity and 22 determine anew all questions arising in the case. 23 Sec. 26. Section 62.21, Code 2025, is amended to read as 24 follows: 25 62.21 Judgment. 26 If, upon appeal, the judgment is affirmed, the district 27 supreme court may render judgment upon the bond for the amount 28 of damages, against the appellant and the sureties thereon. 29 Sec. 27. Section 260C.15, subsection 5, Code 2025, is 30 amended to read as follows: 31 5. The votes cast in the election shall be canvassed and 32 abstracts of the votes cast shall be certified as required by 33 section 277.20 . In each county whose commissioner of elections 34 is the controlling commissioner for a merged area under section 35 -13- HF 928 (2) 91 ss/ns/md 13/ 14

H.F. 928 47.2 , the county board of supervisors shall convene on the 1 second Monday or Tuesday after the day of the election to 2 canvass the abstracts of votes cast from each county in the 3 merged area, and declare the results of the voting. The 4 commissioner shall at once issue certificates of election to 5 each person declared elected, and shall certify to the merged 6 area board in substantially the manner prescribed by section 7 50.27 the result of the voting on any public question submitted 8 to the voters of the merged area. Members elected to the board 9 of directors of a merged area shall qualify by taking the oath 10 of office prescribed in section 277.28 . 11 -14- HF 928 (2) 91 ss/ns/md 14/ 14