There is a county board of elections in each county of the State.
Each local board and its staff is subject to the direction and authority of the State Board and is accountable to the State Board for its actions in all matters regarding the implementation of the requirements of this article and any applicable federal law.
Except as provided in paragraphs (2) and (3) of this subsection, each local board consists of five regular members.
Three regular members shall be of the majority party, and two regular members shall be of the principal minority party.
In Prince George’s County, the local board consists of five regular members and three substitute members.
Four regular members and two substitute members shall be of the majority party, and one regular member and one substitute member shall be of the principal minority party.
In Montgomery County, the local board consists of five regular members and two substitute members.
Three regular members and one substitute member shall be of the majority party, and two regular members and one substitute member shall be of the principal minority party.
Each regular member of a local board and each substitute member of a local board shall:
be appointed in accordance with subsection (g) of this section;
be a registered voter in the county for which the individual is appointed for the 5 years immediately preceding the appointment; and
be eligible for reappointment.
The term of a member is 4 years and begins on the first Monday in June of each year following a gubernatorial election.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
Before taking office, a member shall take and subscribe to the oath prescribed in Article I, § 9 of the Maryland Constitution.
The Governor may remove a member for incompetence, misconduct, or other good cause, upon written charges stating the Governor’s grounds for dismissal and after affording the member notice and an ample opportunity to be heard.
The Governor shall request the county central committee representing the majority party or the principal minority party, as appropriate, to submit a list of at least four eligible individuals from which the Governor may make an appointment of a regular member of a local board or a substitute member of the local board.
The Governor may reject all of the nominees if the Governor determines them to be unfit or incompetent, in which case the Governor shall notify the State Board in writing and request an additional list of at least four eligible nominees from the county central committee. A third list may be requested in the same manner.
If a list containing the names of four eligible nominees is not submitted within 20 days of a request or if all the nominees on three lists are rejected, the Governor may appoint any eligible person who is a member of the appropriate political party.
Except as provided in subparagraph (ii) of this paragraph, each appointment shall be subject to confirmation by the Senate of Maryland.
In Caroline, Dorchester, and Kent counties, if there is no resident Senator of the particular county, the confirmation required under subparagraph (i) of this paragraph shall be by the House of Delegates of Maryland.
If an appointee is rejected, the Governor shall make another appointment from the list or lists submitted under paragraphs (1) and (2) of this subsection. If a list is not provided, or the nominees on three lists are rejected, the Governor may appoint an eligible individual as provided in paragraph (3) of this subsection.
Except in Montgomery County and Prince George’s County, if a vacancy occurs on the local board, the Governor shall appoint an eligible person from the same political party as the predecessor member to fill the vacancy in accordance with subsection (g) of this section for the remainder of the unexpired term and until a successor is appointed and qualifies.
An appointment made while the General Assembly is not in session shall be considered temporary until the appointee is confirmed by the General Assembly.
This subsection applies only in Montgomery County and Prince George’s County.
In the event of the absence of a regular member or a vacancy in the office of a regular member, the substitute member of the same political party shall exercise the powers and duties of a regular member until the regular member returns or the vacancy is filled as prescribed in this subsection.
Subject to paragraph (4) of this subsection, if a member of a local board dies, resigns, is removed, or becomes ineligible:
the substitute member belonging to the same political party shall become a regular member of the local board; and
the Governor shall appoint an eligible person from the same political party to be the new substitute member.
In Prince George’s County, if a vacancy occurs on the local board among the members from the majority party, the Governor shall designate one of the substitute members from that party to fill the vacancy.
If a substitute member of a local board becomes a regular member as provided in paragraph (3)(i) of this subsection, dies, resigns, is removed, or becomes ineligible when the confirming legislative body is not in session, the Governor shall appoint an eligible person from the same political party as the predecessor substitute member to fill the vacancy. That individual shall serve until the earlier of:
the adjournment of the next session of the General Assembly; or
the appointment of another individual to fill the same vacancy.
A board shall meet within 20 days after the beginning of the term to elect one of its regular members as president.
Except for the City of Baltimore, the provisions of this section do not apply to a municipal corporation in the State in which the municipal or charter elections are regulated by the public local laws of the State or the charter of the municipal corporation.
Each local board, in accordance with the provisions of this article and regulations adopted by the State Board, shall:
oversee the conduct of all elections held in its county and ensure that the elections process is conducted in an open, convenient, and impartial manner;
in accordance with the State Personnel and Pensions Article, or its county merit system, whichever is applicable, appoint an election director to manage the operations and supervise the staff of the local board;
confer with the State Administrator in appointing an election director under item (2) of this subsection;
maintain an office and warehouse and be open for business as provided in this article, and, subject to § 9–106 of this article, provide the supplies and equipment necessary for the proper and efficient conduct of voter registration and election, including:
supplies and equipment required by the State Board; and
office, early voting center, and polling place equipment expenses;
adopt any regulation it considers necessary to perform its duties under this article, which regulation shall become effective when it is filed with and approved by the State Board;
serve as the local board of canvassers and certify the results of each election conducted by the local board;
establish and alter the boundaries and number of precincts in accordance with § 2–303 of this title, and provide a suitable polling place for each precinct, and assign voters to precincts;
provide to the general public timely information and notice, by publication or mail, concerning voter registration and elections;
make determinations and hear and decide challenges and appeals as provided by law;
aid in the prosecution of an offense under this article; and
when the board finds there is probable cause to believe an offense has been committed, refer the matter to the appropriate prosecutorial authority;
maintain and dispose of its records in accordance with the plan adopted by the State Board under § 2–106 of this title; and
administer voter registration and absentee voting for nursing homes and assisted living facilities in accordance with procedures established by the State Administrator, subject to the approval of the State Board.
Subsection (b)(3) of this section may not be construed to affect the exclusive authority of a local board to appoint an election director under subsection (b)(2) of this section.
In Garrett County, following each decennial census of the United States, the local board shall:
evaluate the population of the county commissioner districts to determine whether the districts are of substantially equal population; and
recommend to the Garrett County Delegation to the General Assembly any adjustments of the boundaries of those districts that are necessary to maintain districts of substantially equal population.
In Montgomery County, the local board shall require an affirmative vote of not fewer than three duly confirmed regular members of the local board, at least one of whom shall be a member of the principal minority party, to appoint an election director.
Each county shall appropriate the funds essential for the operations of its local board to enable the local board to pay the reasonable expenses incurred by the local board to exercise the powers and perform the duties prescribed for it by law, including:
personnel expenses, such as compensation, workers’ compensation, and unemployment insurance;
subject to § 9–106 of this article, polling place operation expenses; and
subject to § 9–106 of this article, supplies and equipment required under § 2–202(b)(4) of this subtitle.
Each regular member of a local board shall receive the salary and reimbursement of expenses provided in the county budget, but in no event may the annual compensation be less than the following amounts:
in Allegany County, the amount set by the County Commissioners under Title 28, Subtitle 1 of the Local Government Article;
in Anne Arundel County, $5,000 for the president and $4,500 for other regular members;
in Baltimore City, $11,000 for the president and $10,000 for other regular members;
in Baltimore County, $4,000 for the president and $3,000 for other regular members;
in Calvert County, $3,000 and reimbursement for expenses in the performance of their duties;
in Caroline County, $3,250 for the president, $3,000 for other regular members, and reimbursement for expenses incurred in the performance of election duties in accordance with the Standard State Travel Regulations;
in Carroll County, $3,000;
in Cecil County, $1,250 for the president, $1,000 for other regular members, and reimbursement for actual expenses incurred in the performance of election activities which occur outside the county;
in Charles County, $800;
in Dorchester County, $3,000 and expenses as authorized by the County Commissioners;
in Frederick County, $5,500 for the president and $5,000 for other regular members;
in Garrett County, the amount set by the County Commissioners under Chapter 91 of the Public Local Laws of Garrett County;
in Harford County, $2,000 for the president and $1,700 for other regular members;
in Howard County, $2,800 for the president and $2,000 for other regular members;
in Kent County, $1,500 for the president and $1,500 for other regular members;
in Montgomery County, $5,000 for the president and $4,500 for other regular members;
in Prince George’s County, $5,000 for the president and $4,500 for other regular members;
in Queen Anne’s County, $1,500 for the president and $1,200 for other regular members;
in St. Mary’s County, $3,000;
in Somerset County, $1,000;
in Talbot County, $600;
in Washington County, the amount set by the County Commissioners;
in Wicomico County, $2,400 for the president and $1,800 for other regular members; and
in Worcester County, $1,500 for the president and $1,200 for other regular members.
Consistent with paragraph (2) of this subsection, each substitute member shall be compensated for each day of service as provided in the county budget.
A substitute member shall be compensated at a rate of at least $25 for each meeting of the local board that the substitute member attends.
Each local board may appoint or retain as counsel an individual who is:
a registered voter of the State; and
admitted to practice law in the State.
Except as provided in paragraph (2) of this subsection, the salary of counsel shall be set by the local board in accordance with the county budget.
In Anne Arundel County, the counsel may not be compensated less than the salary of a local board member.
In Baltimore County, the counsel may not be compensated less than $2,000 annually.
In Montgomery County, the counsel shall receive an annual salary of $2,000.
In Prince George’s County, the counsel shall receive an annual salary of $4,500.
In Worcester County, the counsel shall receive an annual salary as provided in the county budget, but not less than $800.
In accordance with the county budget and in addition to the compensation specified in subsection (b) of this section, each local board may provide counsel with appropriate additional compensation for services that the local board determines are necessary.
Subject to the requirements of this article, regulations adopted by the State Board and the policies and guidance of the State Board and the local board, the election director shall:
appoint the employees of the local board;
train election judges;
give notice of elections;
upon the request of an elderly or disabled voter whose polling place is not structurally barrier free, provide an alternate polling place to the voter;
issue voter notification cards;
receive certificates of candidacy;
verify petitions;
in consultation with the local board, conduct the canvass of an election;
subject to § 9–306 of this article, process and reject absentee ballot applications;
manage the storage, security, maintenance, and preparation of voting system equipment;
within 24 hours, notify the State Administrator and local board in writing of:
a security violation or significant attempted security violation, as those terms are defined in § 2–108 of this title, that impedes the proper and efficient operation of the local board; and
damage to the office, warehouse, voting system equipment, or other materials used to conduct an election;
ensure the equipment used by the employees of the local board meets cybersecurity requirements; and
perform duties as delegated by the local board.
This section applies to each employee of a local board.
This section does not apply to:
local board counsel; or
an election judge.
This section does not alter in any manner the method by which the salary of an employee of a local board is funded by the county in which the employee is employed.
Except as provided in subsection (f) of this section, if the employees of a local board are covered by its county merit system:
the employees shall be classified employees under the county merit system; and
the employees may be appointed and removed subject to the personnel regulations of the county in which the local board is located.
If the employees of a local board are not covered by its county merit system:
the employees shall be in the skilled service or professional service of the State Personnel Management System;
appointment and removal of the employees shall be in accordance with the provisions of the State Personnel and Pensions Article that govern skilled service or professional service employees; and
notwithstanding § 4-201 of the State Personnel and Pensions Article, upon recommendation of the State Administrator, the State Board shall determine the fixed rate of compensation of the employees.
Each classified employee shall be a registered voter of the State.
An employee of a local board is subject to the restrictions and requirements of § 2–301 of this title.
The election director in Prince George’s County shall be in the exempt service under the Prince George’s County Personnel System.
Each local board shall make publicly available on its website each open meeting agenda, together with a summary of any finalized documents, written testimony from the public, and other materials that the local board will vote on at the open meeting:
at least 48 hours in advance of each meeting; or
if the meeting is being held due to an emergency, a natural disaster, or any other unanticipated situation, as far in advance of the meeting as practicable.
Except as provided in paragraph (2) of this subsection, each local board shall provide live video streaming of each open meeting held by the local board.
The live streaming video requirement under paragraph (1) of this subsection does not apply with respect to:
an open meeting held off–site;
a project site visit; or
an inspection conducted by the local board.
Each local board shall maintain a complete and unedited archived video recording of each open meeting for which live video streaming was provided under subsection (b) of this section for a minimum of 5 years after the date of the meeting.