There is a State Board of Elections consisting of five members. The State Board shall maintain its principal office in Annapolis and have staff, subject to the State Personnel and Pensions Article, as provided in the State budget. Each member of the State Board shall: subject to subsection (g)(2) of this section, be appointed by the Governor in accordance with paragraph (2) of this subsection, with the advice and consent of the Senate of Maryland; be a registered voter in the State for the 5 years immediately preceding the appointment; subject to subsection (f)(3) of this section, be eligible for reappointment; conform to the restrictions specified under § 2-301 of this title; and be subject to removal by the Governor for incompetence, misconduct, or other good cause, upon written charges filed by the Governor with the State Board and after having been afforded notice and ample opportunity to be heard. Subject to subsection (e) of this section, the Governor shall appoint as a member of the State Board an individual whose name is submitted to the Governor by the State Central Committee of the principal political party entitled to the appointment. Before taking office, each appointee to the State Board shall take the oath required by Article I, § 9 of the Maryland Constitution. Each member of the State Board shall be a member of one of the principal political parties. A person may not be appointed to the State Board if the appointment will result in the State Board having more than three or fewer than two members of the same principal political party. The term of a member is 4 years and begins on July 1. The terms of the members are staggered as required by the terms provided for members of the State Board on July 1, 1999. A member may not serve more than three consecutive terms. At the end of a term, a member continues to serve until a successor is appointed and qualifies. If a vacancy occurs on the State Board, it shall be filled for the remainder of the unexpired term and until a successor is appointed and qualifies. An appointment made while the Senate of Maryland is not in session shall be considered temporary until the appointee is confirmed by the Senate. Not later than August 1 each year, the State Board shall elect one of its members as chairman. Each member shall receive: per diem compensation as provided in the State budget for each day that the member is actually engaged in the discharge of official duties, as authorized by the State Board and in accordance with the State budget; and reimbursement for all necessary and proper expenses, as provided in the State budget.

The State Board shall manage and supervise elections in the State and ensure compliance with the requirements of this article and any applicable federal law by all persons involved in the elections process. In exercising its authority under this article and in order to ensure compliance with this article and with any requirements of federal law, the State Board shall: supervise the conduct of elections in the State; direct, support, monitor, and evaluate the activities of each local board; have a staff sufficient to perform its functions; adopt regulations to implement its powers and duties; receive, or in its discretion audit, campaign finance reports, account books and records kept under § 13–221 of this article, independent expenditure reports filed and records kept under § 13–306 of this article, electioneering communication reports filed and records kept under § 13–307 of this article, and statements filed and records kept under § 14–105 of this article; appoint a State Administrator in accordance with § 2–103 of this subtitle; at least annually, evaluate the performance of the State Administrator; maximize the use of technology in election administration, including the development of a plan for a comprehensive computerized elections management system; canvass and certify the results of elections as prescribed by law; make available to the general public, in a timely and efficient manner, information on the electoral process, including a publication that includes the text of this article, relevant portions of the Maryland Constitution, and information gathered and maintained regarding elections; subject to § 2–106 of this subtitle and § 13–341 of this article, receive, maintain, and serve as a depository for elections documents, materials, records, statistics, reports, certificates, proclamations, and other information prescribed by law or regulation; prescribe all forms required under this article; and serve as the official designated office in accordance with the Uniformed and Overseas Citizens Absentee Voting Act for providing information regarding voter registration and absentee ballot procedures for absent uniformed services voters and overseas voters with respect to elections for federal office. The powers and duties assigned to the State Board under this article shall be exercised in accordance with an affirmative vote by a supermajority of the members of the State Board. For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the State Board if no organizational business is conducted.

There is a State Administrator of Elections. The State Administrator shall: be appointed by the State Board, with the advice and consent of the Senate of Maryland, and serve at the pleasure of the State Board; receive a salary as provided in the State budget; as provided in the State budget, employ and supervise: a deputy administrator, who shall serve as State Administrator in the event the State Administrator resigns, becomes disabled, or dies, pending the appointment of a successor State Administrator; and pursuant to the State Personnel and Pensions Article, other staff of the State Board; supervise the operations of the local boards; at least annually, provide a performance evaluation of the election director of each local board to the local board, including any recommended disciplinary actions for failure to comply with State laws, regulations, and policies; perform all duties and exercise all powers that are assigned by law to the State Administrator or delegated by the State Board; implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list; provided the State Board is fully constituted with five duly confirmed members, be subject to removal by the affirmative vote of four duly confirmed members of the State Board; and be the chief State election official. When conducting a performance evaluation of an election director of a local board under subsection (b)(5) of this section, the State Administrator may seek the feedback of individuals with whom the election director regularly interacts in the course of the election director’s duties. Before taking office, the appointee to the office of State Administrator shall take the oath required by Article I, § 9 of the Maryland Constitution. The State Administrator may enter into a memorandum of understanding with a municipal corporation, the terms of which shall allow the Administrator to work collaboratively with the municipal corporation to support the administration of the municipal corporation’s elections. The State Administrator may lease a voting system or any other equipment used to administer an election to a municipal corporation for use in a municipal election in accordance with a memorandum of understanding entered into under subsection (e) of this section. The State Administrator shall: determine the terms and conditions of the lease; and distribute the proceeds of the lease to the Fair Campaign Financing Fund established under § 15–103 of this article.

In the year preceding each year in which a primary and general election is to be held throughout the State, the State Board shall conduct a meeting for the members of the local boards. Unless excused by the State Administrator in accordance with regulations of the State Board, the following individuals are required to attend the meeting: the members, substitute members, counsel, and election director of each local board; and any other individuals designated by the State Board or a local board to attend the meeting. The meeting shall be held at a time and place and continue for such period of time as the State Board considers necessary. The purpose of the meeting is to instruct the members of the local boards, the election directors, the counsel to local boards, and the other employees who are in attendance, concerning their duties in the conduct of elections. Each member, substitute member, election director, counsel, or other employee who is required or authorized to attend the meeting shall be reimbursed by the county government: for all reasonable expenses for each day that the individual attends the meeting; and for mileage from the individual’s place of residence to the place of meeting and return, in accordance with the Standard State Travel Regulations.

In any judicial proceeding in which a local board is a party, the State Board: immediately after the action has been filed, shall be provided by the local board with a copy of the complaint or other pleading that initiated the proceeding; and may join as a party to the proceeding.

Subject to paragraph (2) of this subsection, the State Board and each local board shall maintain and dispose of its public records in accordance with the program for records management adopted by the State Board under Title 10, Subtitle 6, Part II of the State Government Article. Each local board shall maintain voting authority cards that have been signed under § 10–310(a)(6) of this article for 3 years by: physically storing the voting authority cards; or electronically scanning and storing the voting authority cards in the same manner that the local board stores other electronic materials. If produced and proved by a representative of the applicable board, a copy of a public record that is certified by and kept under the seal of the principal administrative officer of that board shall be evidence in any court to the same extent as the original record.

There is a Maryland Election Modernization Fund. The Fund is established as a continuing fund for programs relating to the federal Help America Vote Act of 2002 and related expenditures. The Fund is a special, continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. The Treasurer shall separately hold and the Comptroller shall account for the Fund. The Fund shall be invested and reinvested in the same manner as other State funds. Any investment earnings shall be retained to the credit of the Fund. The Fund consists of: moneys appropriated in the State budget to the Fund; moneys otherwise appropriated for the purposes of the Fund, which may be transferred to the Fund by an approved budget amendment; and moneys received by the State from the federal government under the federal Help America Vote Act of 2002 or under other federal programs for similar purposes. Expenditures from the Fund may be made only in accordance with an appropriation for: complying with requirements of the federal Help America Vote Act of 2002; improving the administration of elections for federal office; educating voters regarding voting procedures, voting rights, and voting technology; training election officials, poll workers, and election volunteers; developing the State plan required by the federal Help America Vote Act of 2002; improving, acquiring, leasing, modifying, or replacing voting systems and technology and methods for casting and counting votes; improving the quantity and accessibility of polling places, including providing physical access for individuals with disabilities, nonvisual access for individuals with visual impairments, and access for individuals with limited proficiency in the English language; establishing toll-free telephone hotlines that voters may use to report possible voting fraud and voting rights violations, to obtain general election information, and to access detailed automated information on their own voter registration status, specific polling place locations, and other relevant information; and any other uses that may be allowed for funds received under the federal Help America Vote Act of 2002.

In this section the following words have the meanings indicated. “Appropriate persons” means: the State Board; the Governor; the President of the Senate of Maryland; the Speaker of the House of Delegates; and the Attorney General. “Election service provider” means any person providing, supporting, or maintaining an election system on behalf of the State Board or a local board, including a contractor or vendor. “Election system” means any information system used for the management, support, or administration of an election, including: the voting system; the online voter registration system; the voter registration database; the online ballot request, delivery, or marking systems; the electronic pollbooks; the system for tabulating or reporting election results; and the State Board or local board e–mail system. “Security violation” means the incident categories defined by the Department of Information Technology in the State information security policy. “Significant attempted security violation” means an attempt to commit a security violation that: is known to have been committed by a foreign government or agents of a foreign government; or the State Administrator considers to be of particular significance or concern. Within 7 days after becoming aware of a security violation or significant attempted security violation, the State Administrator shall submit to the Department of Information Technology and the appropriate persons a report on each security violation and significant attempted security violation involving an election system: owned, operated, or maintained by the State Board or a local board of elections; or provided, supported, or maintained by an election service provider. Within 7 days after receiving the State Board’s report submitted under subsection (b) of this section, the Department of Information Technology shall forward any additional relevant information to the appropriate persons and the State Administrator. Notwithstanding any other law, the Secretary of Information Technology may require that the information contained in a report submitted under subsection (b) of this section be withheld from the general public if the Secretary determines that the public interest is served by withholding the information. If an election service provider knows that a security violation or significant attempted security violation has occurred involving an election system provided, supported, or maintained by the election service provider, the election service provider shall: notify the State Administrator in writing as soon as practicable but not later than 4 days after becoming aware of the security violation or significant attempted security violation; and cooperate with the State Administrator in submitting the report required under subsection (b) of this section.

In this section the following words have the meanings indicated. “Appropriate persons” means: the State Board; the Governor; the President of the Senate of Maryland; the Speaker of the House of Delegates; the Attorney General; and the Department of Information Technology. “Contract” means an agreement in any form entered into by a governmental entity for a procurement as defined in § 11–101 of the State Finance and Procurement Article. “Election service provider” means any person providing, supporting, or maintaining an election system on behalf of the State Board. “Election service provider” includes a contractor and vendor. “Election system” includes: a voting system; an election management system; a voter registration website or database; an electronic pollbook; a system for tabulating or reporting election results; and any other information system that is determined to be central to the management, support, or administration of an election. “Foreign national” includes: an individual who is a citizen of a foreign country; and an individual, a partnership, an association, a corporation, an organization, or any other combination of individuals organized under the laws of or having its principal place of business in a foreign country. The State Board may not approve a contract with an election service provider unless the contract includes a clause requiring the election service provider to provide the State Board notice of: any ownership of or investment in the election service provider or control of the election service provider by a foreign national at the time of the award of the contract; and any material change in any ownership of or investment in the election service provider or control of the election service provider by a foreign national at any time for the duration of the contract. The notice required under subsection (b) of this section shall include: the name and nationality of the foreign national that has ownership of or investment in or control of the election service provider; and the nature and extent of the ownership, investment, or control. On a determination by the State Administrator that the foreign national has the ability to control, influence, or direct the election service provider in any manner that would compromise or influence, or give the appearance of compromising or influencing, the independence and integrity of an election, the State Administrator may terminate, in whole or in part, the contract with the election service provider. Within 7 days after the State Administrator exercises the authority to terminate, in whole or in part, a contract with an election service provider under subsection (d) of this section, the State Administrator shall notify the appropriate persons in writing of the termination of the contract and the State Administrator’s reasons for terminating the contract.

In this section the following words have the meanings indicated. “Election disinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State that is knowingly and deliberately disseminated. “Election misinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State. The State Board shall maintain a portal on the State Board’s website that the public may use to report election misinformation and election disinformation. The State Board shall conduct a periodic review of material submitted by the public through the portal and, to the extent necessary, issue corrective information or refer submissions to the State Prosecutor. If the State Administrator receives a credible report that election misinformation or election disinformation, including a deepfake, has been or is being communicated, disseminated, or distributed, the State Administrator: shall communicate, disseminate, or distribute to the public accurate information to correct the election misinformation or election disinformation; except as provided in subparagraph (ii) of this paragraph, may seek an injunction in accordance with the Maryland Rules for the removal of the election misinformation or election disinformation from any online platform; and may issue a subpoena in accordance with the federal Stored Communications Act, if applicable, for records related to the dissemination or distribution of the election misinformation or election disinformation, including information related to the targeted audience. The State Administrator may not seek an injunction under subparagraph (i)2 of this paragraph against an interactive computer service, as defined in 47 U.S.C. § 230, for content disseminated by another person through the interactive computer service. The State Board may not file a civil action under this paragraph against a person: exempt from the requirements of § 16–905 of this article; or who seeks to detect, report, prevent, investigate, respond to, or prosecute persons responsible for security breaches, identity theft, fraud, harassment, or other malicious or illegal activity. The State Board, in consultation with the State Administrator, may file a civil action in a court of competent jurisdiction within the State against a person, campaign, political action committee, or other legal entity if the State Board: finds that the person created, used, or disseminated: election disinformation; or with reckless disregard, election misinformation; and incurs costs to communicate, disseminate, or distribute to the public accurate information to correct the election misinformation or election disinformation. The State Board may seek damages, court costs, and attorney’s fees in a civil action filed under paragraph (2)(ii) of this subsection. A court may award damages, court costs, or attorney’s fees in a civil action filed under paragraph (2)(ii) of this subsection only based on a showing by clear and convincing evidence that the person, campaign, political action committee, or other legal entity created, used, or disseminated: election disinformation; or with reckless disregard, election misinformation.