# Election Law (GEL)

## Title 10. Polling Places

### Subtitle 3. Polling Place Procedures

#### Section 10-301

(a) On an election day, a polling place shall be open from 7 a.m. until 8 p.m.

(b) A voter who has appeared at a polling place by the closing hour to cast a ballot shall be allowed to vote.

#### Section 10-301.1

(a) Except as provided under Title 9, Subtitle 3 of this article, during any regularly scheduled primary or general election a voter may vote:

  (1) in the voter's assigned precinct on election day; or

  (2) at an early voting center in the voter's county of residence on any early voting day in accordance with this section.

(b)

  (1) Each county shall have at least one early voting center established in the county as prescribed in this subsection.

  (2) A county with fewer than 50,000 registered voters shall have one early voting center established in the county.

  (3) A county with at least 50,000 registered voters but fewer than 100,000 registered voters shall have two early voting centers established in the county.

  (4) A county with at least 100,000 registered voters but fewer than 200,000 registered voters shall have three early voting centers established in the county.

  (5) A county with at least 200,000 registered voters but fewer than 300,000 registered voters shall have five early voting centers established in the county.

  (6) A county with at least 300,000 registered voters but fewer than 400,000 registered voters shall have seven early voting centers established in the county.

  (7) A county with at least 400,000 registered voters but fewer than 500,000 registered voters shall have nine early voting centers established in the county.

  (8) A county with at least 500,000 registered voters but fewer than 600,000 registered voters shall have 11 early voting centers established in the county.

  (9) A county with at least 600,000 registered voters shall have 13 early voting centers established in the county.

  (10) In addition to the early voting centers required in this subsection, each county may establish one additional early voting center if:

    (i) first, the local board and the governing body of the county agree to establish an additional early voting center; and

    (ii) then, the State Board approves the establishment of the additional early voting center.

(c) Each early voting center shall be open for voting as follows:

  (1) beginning the second Thursday before a primary or general election through the Thursday before the election; and

  (2) during the hours between 7 a.m. and 8 p.m. each early voting day.

(d)

  (1) Each early voting center shall satisfy the requirements of Sec. 10-101 of this title.

  (2) Subject to paragraph (3) of this subsection, the public official responsible for the use of a public building requested by a local board for an early voting center shall make the public building available to the local board in accordance with Sec. 10-101(a)(3) of this title.

  (3)

    (i) The State Board shall adopt regulations that establish an appeals process for public officials responsible for public buildings requested for use under paragraph (2) of this subsection to contest the availability of the public building during the period of time the building would be used as an early voting center.

    (ii) The appeals process established under this paragraph shall include:

      (1) an initial appeal to the local board that selected the public building for use as an early voting center;

      (2) an opportunity for a public official to be heard publicly at a meeting of the local board before the local board makes a decision on the appeal;

      (3) an appeal by a public official of an adverse decision of the local board to the State Board;

      (4) an opportunity for a public official to be heard publicly at a meeting of the State Board before the State Board makes a final decision on the appeal; and

      (5) a final decision at least 8 months before the primary election for which the local board seeks to use the public building as an early voting center.

    (iii) The decision of the State Board regarding an appeal under this paragraph is final.

(e) Beginning 30 days prior to each early voting period the State Board and each local board shall undertake steps to inform the public about early voting and the location of early voting centers in each county, including:

  (1) a series of public service media announcements;

  (2) mailings to all registered voters in each county; and

  (3) other measures as appropriate.

(f) Except as expressly provided in this section, any provision of this article that applies to voting on election day also applies to early voting.

(g) The State Board shall adopt regulations and guidelines in accordance with the requirements of this section for the conduct of early voting.

#### Section 10-302

(a) In a timely manner for each election, the local board shall provide for the delivery to each polling place the supplies, records, and equipment necessary for the conduct of the election.

(b) Each polling place shall be equipped with a computer device that contains a record of all registered voters in the county and that is capable of being networked to other polling place computer devices.

(c) Each polling place and early voting center shall have a paper or electronic backup copy of the election register available for the use of the election judges if the computer devices required under subsection (b) of this section do not function properly during an election.

#### Section 10-303

(a) Under the supervision of a chief judge, an election judge shall:

  (1) carry out the tasks assigned by the local board, including those set forth in any election judge instruction manual developed in accordance with Sec. 10-206 of this title, during the period of time that begins before the election through the close of the polls and the return of materials to the local board; and

  (2) take measures throughout election day to ensure that:

    (i) each voter's right to cast a ballot in privacy is maintained;

    (ii) the integrity of the voting process is preserved;

    (iii) the accuracy of the counting process is protected;

    (iv) order in the polling place is maintained; and

    (v) all election laws are observed.

(b) While serving as an election judge on an election day, an election judge shall wear a badge that:

  (1) is in plain view;

  (2) identifies the person as an election judge; and

  (3) identifies the person by name and by the ward and precinct or election district for which the person is an election judge.

(c) An election judge shall:

  (1) keep the peace; and

  (2) order the arrest of any person who:

    (i) breaches the peace;

    (ii) breaches any provision of this article; or

    (iii) interferes with the work of the judges in conducting the election and carrying out their assigned tasks.

(d)

  (1) An election judge shall protect a challenger or watcher in the exercise of the rights of a challenger or watcher as provided in Sec. 10-311 of this subtitle.

  (2)

    (i) An election judge is not required to admit a challenger or watcher to a polling place before the polls open if the challenger or watcher was not present at the polling place at least one-half hour before its opening.

    (ii) An election judge may require challengers and watchers to leave a polling place before it opens if a majority of the election judges present agrees that the presence of the challengers and watchers will prevent the timely opening of the polling place.

  (3) An election judge shall designate reasonable times for challengers and watchers to examine polling lists.

#### Section 10-304

(a)

  (1) A police officer who is on duty at a polling place shall obey the order of an election judge for that polling place, the State Administrator, the Deputy State Administrator, or a local election director.

  (2) A police officer making an arrest under an order of an election judge, the State Administrator, the Deputy State Administrator, or a local election director is fully protected in so doing as if the police officer received a valid warrant to make the arrest.

(b) A police officer who is on duty at a polling place shall protect a challenger or watcher in the discharge of the duties of the challenger or watcher.

#### Section 10-305

(a) If there is a vacancy in the polling place staff during voting hours:

  (1) the local board may fill the vacancy with a substitute election judge who has been recruited and trained; or

  (2) an election judge who is present at the polling place may fill the position of the absent election judge by appointing a person registered with the same party affiliation as the absent election judge.

(b) If a substitute election judge is appointed under subsection (a) of this section:

  (1) either the election director, the election director's designee, or the election judge making the substitute appointment shall administer the oath required under Sec. 10-204 of this title; and

  (2) a chief election judge shall document any change in the polling place staff in the records of the polling place.

#### Section 10-306

(a)

  (1) The State Board, in consultation with the election directors of the local boards, shall specify and produce the following informational materials to be posted in each polling place:

    (i) a specimen ballot for that precinct;

    (ii) instructions relating to the availability of assistance to elderly and disabled voters;

    (iii) information regarding the date of the election and the hours during which the polling places will be open;

    (iv) instructions on how to vote, including how to cast a vote;

    (v) instructions for mail-in registrants and first-time voters;

    (vi) general information on voting rights under applicable federal and State laws and instructions on how to contact the appropriate local board if these rights are alleged to have been violated;

    (vii) information regarding provisional voting, including:

      (1) information on the right of an individual to cast a provisional ballot;

      (2) how to fill out the provisional ballot application and cast the provisional ballot; and

      (3) the standards that will be applied in determining whether a provisional ballot will be counted; and

    (viii) general information on federal and State laws regarding prohibitions on acts of fraud and misrepresentation.

  (2) A local board may produce other materials appropriate for the polling places in the county.

(b) Before the polls open, the election judges for each precinct shall post all information specified under subsection (a) of this section.

#### Section 10-307

(a) The members of each local board shall be available as needed on an election day.

(b) The local board shall provide the staff of each polling place with the means to contact and obtain support from the office of the local board on election day.

#### Section 10-307.1

(a) In a polling place, the State Administrator, the Deputy State Administrator, or a local election director has the authority to:

  (1) keep the peace; and

  (2) order the arrest of any person who:

    (i) breaches the peace;

    (ii) breaches any provision of this article; or

    (iii) interferes with the work of the election judges in conducting the election and carrying out their assigned tasks.

(b)

  (1) While serving in a polling place, a local election director shall protect a challenger or watcher in the exercise of the rights of a challenger or watcher as provided in Sec. 10-311 of this subtitle.

  (2)

    (i) A local election director is not required to admit a challenger or watcher to a polling place before the polls open if the challenger or watcher was not present at the polling place at least 30 minutes before its opening.

    (ii) A local election director may require challengers and watchers to leave a polling place before it opens if the local election director has reason to believe that the presence of the challengers and watchers will prevent the timely opening of the polling place.

(c) A local election director may exercise the authority under subsections (a) and (b) of this section independent of an election judge assigned to the polling place.

#### Section 10-308

(a) An election judge shall allow the following individuals to have access to the voting room at a polling place:

  (1) a voter;

  (2) an individual who accompanies a voter in need of assistance in accordance with Sec. 10-310(c) of this subtitle;

  (3) polling place staff;

  (4) a member or other representative of the State Board or local board;

  (5) an accredited watcher or challenger under Sec. 10-311 of this subtitle;

  (6) an individual under the age of 18 who accompanies a voter in accordance with Sec. 10-310(c) of this subtitle, provided that:

    (i) the individual is in the care of the voter and does not disrupt or interfere with normal voting procedures; and

    (ii) the individual is not eligible to vote in that election; and

  (7) any other individual authorized by the State Board or local board.

(b) Notwithstanding the provisions of subsection (a)(6) of this section, not more than two individuals under the age of 18 may accompany a voter in accordance with Sec. 10-310(c) of this subtitle.

#### Section 10-309

(a) In accordance with instructions provided by the election director, an election judge shall arrive at the polling place and, under the direction of the chief judge, set up the polling place to assure that the polls will be open and operational at 7 a.m.

(b) Except as provided in Sec. 10-303(d)(2)(ii) of this subtitle, an election judge shall admit an accredited challenger or watcher one-half hour before the polling place is open.

#### Section 10-310

(a) For each individual who seeks to vote, an election judge, in accordance with instructions provided by the local board, shall:

  (1) locate the individual's name in the election register and locate the preprinted voting authority card and then authorize the individual to vote a regular ballot;

  (2)

    (i) if the individual's name is not found on the election register, search the inactive list and if the name is found, authorize the individual to vote a regular ballot; or

    (ii) if the individual's name is not on the inactive list, refer the individual for provisional ballot voting under Sec. 9-404 of this article;

  (3) establish the identity of the voter by requesting the voter to state the month and day of the voter's birth and comparing the response to the information listed in the election register;

  (4)

    (i) except if a voter's personal information has been deemed confidential by the local board, verify the address of the voter's residence; or

    (ii) conduct an alternative verification as established by the State Board, if the voter's personal information has been deemed confidential by the local board;

  (5) if any changes to the voting authority card are indicated by a voter, make the appropriate changes in information on the card or other appropriate form; and

  (6) have the voter sign the voting authority card and either issue the voter a ballot or send the voter to a machine to vote.

(b) On the completion of the procedures set forth in subsection (a) of this section, a voter may vote in accordance with the procedures appropriate to the voting system used in the polling place.

(c)

  (1) Before a voter enters a voting booth, at the request of the voter, an election judge shall:

    (i) instruct the voter about the operation of the voting system; and

    (ii) allow the voter an opportunity to operate a model voting device, if appropriate to the voting system in use.

  (2)

    (i)

      (1) After a voter enters the voting booth, at the request of the voter, two election judges representing different political parties shall instruct the voter on the operation of the voting device.

      (2) An election judge may not suggest in any way how the voter should vote for a particular ticket, candidate, or position on a question.

      (3) After instructing the voter, the election judges shall exit the voting booth and allow the voter to vote privately.

    (ii) A voter may take into the polling place any written or printed material to assist the voter in marking or preparing the ballot.

  (3)

    (i) Except as provided in subparagraph (ii) of this paragraph, a voter who requires assistance in marking or preparing the ballot because of a physical disability or an inability to read the English language may choose any individual to assist the voter.

    (ii) A voter may not choose the voter's employer or agent of that employer or an officer or agent of the voter's union to assist the voter in marking the ballot.

  (4) If the voter requires the assistance of another in voting but declines to select an individual to assist, an election judge, in the presence of another election judge that represents another political party, shall assist the voter in the manner prescribed by the voter.

  (5) An individual assisting a voter may not suggest in any way how the voter should vote for a particular ticket, candidate, or position on a question.

  (6) If a voter requires assistance under paragraph (4) or (5) of this subsection, the election judge shall record, on a form prescribed by the State Board, the name of the voter who required assistance and the name of the individual providing assistance to the voter.

  (7) Except as provided in paragraph (3) or (4) of this subsection, an individual over the age of 17 years may not accompany a voter into a voting booth.

#### Section 10-311

(a)

  (1) The following persons have the right to designate a registered voter as an accredited challenger or a watcher at each polling place or early voting center:

    (i) the State Board for any location in the State;

    (ii) a local board for any location in the county of the local board;

    (iii) a candidate for any location where the candidate is included on the ballot;

    (iv) a political party;

    (v) a political committee; and

    (vi) a person required to file reports under Sec. 13-306 or Sec. 13-307 of this article.

  (2) A person who appoints an accredited challenger or watcher may remove the challenger or watcher at any time.

(b) Except as provided in Sec. 10-303(d)(2) of this subtitle and subsection (d) of this section, an accredited challenger or watcher has the right to:

  (1) enter the polling place or early voting center one-half hour before the polls open;

  (2) enter or be present at the polling place or early voting center at any time when the polls are open;

  (3) remain in the polling place or early voting center until the completion of all tasks associated with the close of the polls under Sec. 10-314 of this subtitle and the election judges leave the polling place or early voting center;

  (4) maintain a list of registered voters who have voted, or individuals who have cast provisional ballots, and take the list outside of the polling place or early voting center; and

  (5) enter and leave a polling place or early voting center for the purpose of taking outside of the polling place or early voting center information that identifies registered voters who have cast ballots or individuals who have cast provisional ballots.

(c)

  (1)

    (i) A certificate signed by a designating person shall be sufficient evidence of the right of an accredited challenger or watcher to be present in the voting room.

    (ii) The State Board shall prescribe a form that shall be supplied to the accredited challenger or watcher by the designating person.

    (iii) A designating person shall submit a copy of the certificate of an accredited challenger or watcher to the appropriate local board before the accredited challenger or watcher may enter the voting room.

  (2) A challenger or watcher shall be positioned near the election judges and inside the voting room so that the challenger or watcher may see and hear each person as the person offers to vote.

(d)

  (1) A challenger or watcher may not attempt to:

    (i) ascertain how a voter voted or intends to vote;

    (ii) converse in the polling place or early voting center with any voter;

    (iii) assist any voter in voting; or

    (iv) physically handle an original election document or voting equipment.

  (2) An election judge or a local election director may eject a challenger or watcher who violates the prohibitions under paragraph (1) of this subsection.

(e)

  (1) Except as provided in paragraphs (2) and (3) of this subsection, an election judge shall allow an individual other than an accredited challenger or watcher who desires to challenge the right to vote of any other individual to enter the polling place or early voting center for that purpose.

  (2) A majority of the election judges or a local election director may limit the number of nonaccredited challengers and watchers allowed in the polling place or early voting center at any one time for the purpose of challenging the right of an individual to vote.

  (3) A nonaccredited challenger or watcher shall leave the polling place or early voting center as soon as a majority of the election judges or a local election director decides the right to vote of the individual challenged by the challenger or watcher.

  (4) In addition to restrictions provided under this subsection, all restrictions on the actions of an accredited challenger or watcher provided under this subtitle apply to a nonaccredited challenger or watcher.

#### Section 10-312

(a)

  (1) The right of an individual to vote may be challenged at the polls only on the grounds of identity.

  (2) An individual whose right to vote is challenged at the polls may establish the individual's identity by presenting any of the following forms of identification:

    (i) the individual's voter registration card;

    (ii) the individual's Social Security card;

    (iii) the individual's valid Maryland driver's license;

    (iv) any identification card issued to the individual by a political subdivision of the State, the State, the federal government, or any unit of a political subdivision of the State, the State, or the federal government;

    (v) any employee identification card of the individual that contains a photograph of the individual and is issued by the employer of the individual in the ordinary course of the employer's business; or

    (vi) a copy of a current bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the individual.

  (3) If an individual establishes the individual's identity under paragraph (2) of this subsection, an election judge shall authorize the individual to vote a regular ballot.

(b) A challenge to an individual's right to vote shall be made before the individual is issued a ballot or a voting authority card.

(c) If a challenge is made, and the challenged individual does not present any of the forms of identification specified under subsection (a)(2) of this section, the election judge receiving the challenge shall:

  (1) require the challenger to provide in writing, under penalty of perjury, the reasons for the challenge;

  (2) offer the challenged individual the opportunity to:

    (i) cast a provisional ballot; and

    (ii) submit an attestation, witnessed by the election judge, of the individual's identity; and

  (3) submit the provisional ballot and other materials related to the challenge to the local board.

(d) During the canvass of provisional ballots, the local board shall determine, based on the information submitted by the challenger and the challenged individual, whether the challenged individual is:

  (1) the registered voter he or she claims to be; and

  (2) otherwise qualified to vote.

#### Section 10-313

(a) In any general election or special general election, a voter may write in a name for any office.

(b)

  (1) When requested by a voter, an election judge shall provide information on write-in voting.

  (2)

    (i) If a voter requests information on write-in voting, an election judge shall assure that the voter is fully informed of the procedure before voting.

    (ii) If a voter is unable to write, the voter may have assistance as provided in Sec. 10-310(c) of this subtitle.

#### Section 10-314

(a)

  (1) The local board shall provide election judges with detailed procedures for the closing of the polls, specific to the voting system used.

  (2) The procedures shall include directions on:

    (i) the tabulation, recording, and reporting of votes if these activities are undertaken in the polling place;

    (ii) the preparation, signing, and sealing of documents and other election materials;

    (iii) the security of all equipment and materials in the polling place; and

    (iv) the return of equipment and materials to the local board.

(b) If election results are produced in the polling place, the election judge shall admit watchers to hear the announced results.

(c) A chief judge shall release an election judge from duty after the completion of the election judge's assigned tasks.

#### Section 10-315

(a) Every employer in the State shall permit any employee who claims to be a registered voter in the State a period not to exceed 2 hours absence from work on election day in order to cast a ballot if the employee does not have 2 hours of continuous off-duty during the time that the polls are open.

(b) The employer shall pay the employee for the 2 hours absence from work.

(c)

  (1) Each employee shall furnish to the employer proof that the employee has voted or attempted to vote.

  (2) The proof that an employee has voted or attempted to vote shall be on a form prescribed by the State Board.

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Md. Code Ann., Election Law (as displayed at mgaleg.maryland.gov, October 16, 2026)
