Title 2. Powers and Duties of the State and Local Boards — Subtitle 3. Provisions Generally Applicable
Statutes in effect as of October 1, 2026.
Md. Code Ann., Election Law § 2-301 (2026)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 3. Provisions Generally Applicable
§ 2–301LinkCopy Citation
(a)
This section applies to:
(1)
a member of the State Board;
(2)
a regular or substitute member of a local board;
(3)
the State Administrator;
(4)
an employee of the State Board or of a local board, including the election director of a board;
(5)
counsel appointed under § 2–205 of this title; and
(6)
an election judge.
(b)
(1)
An individual subject to this section may not, while holding the position:
(i)
hold or be a candidate for any elective public or political party office or any other office created under the Constitution or laws of this State;
(ii)
use the individual’s official authority for the purpose of influencing or affecting the result of an election; or
(iii)
except as provided in paragraph (2) of this subsection, as to any candidate or any matter that is subject to an election under this article:
(1)
be a campaign manager;
(2)
be a treasurer or subtreasurer for a campaign finance entity; or
(3)
take any other active part in political management or a political campaign.
(2)
Notwithstanding paragraph (1)(iii) of this subsection, an election judge may engage in the activities of a political campaign, except:
(i)
while performing official duties on election day; and
(ii)
by serving as a campaign manager for a candidate or as the treasurer for a campaign finance entity.
Md. Code Ann., Election Law § 2-302 (2026)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 3. Provisions Generally Applicable
§ 2–302LinkCopy Citation
(a)
(1)
The State Board shall be open for business during regular business hours on each State government workday.
(2)
The State Board shall remain open until 9 p.m. on the last day for
the filing of a certificate of candidacy for each election conducted under this article.
(b)
(1)
Each local board shall be open for business:
(i)
on each day that is a county government workday in its county;
(ii)
on each election day; and
(iii)
until 9 p.m. on the last day for the filing of a certificate of candidacy for an election conducted in the county, if a certificate can be filed with the local board.
(2)
The members of each local board shall be available as needed on an election day and during the canvass of each election.
(3)
The hours that a local board is open for business:
(i)
may be the same as the regular business hours of its county government; or
(ii)
for the convenience of the public, may be different from the regular business hours of its county government, except that the number of business hours the office is open each business day must be at least equivalent to the number of business hours that the county government is open.
Md. Code Ann., Election Law § 2-303 (2026)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 3. Provisions Generally Applicable
§ 2–303LinkCopy Citation
(a)
(1)
Subject to paragraphs (2) and (3) of this subsection and § 2–303.1 of this subtitle, as it deems it expedient for the convenience of voters, a local board may:
(i)
create and alter the boundaries for precincts in the county;
(ii)
designate the location for polling places in any election district, ward, or precinct in the county; and
(iii)
combine or abolish precincts.
(2)
(i)
Except as provided under subparagraph (iii) of this paragraph, a local board shall establish a separate precinct on campus or within one–half mile of the campus to specifically serve a public or private institution of higher education if the local board determines that at least 500 students, faculty, and staff who attend or work at the institution are registered voters in the precinct in which the institution is located.
(ii)
If, in accordance with subparagraph (i) of this paragraph, a polling place is established at an institution of higher education that receives State funds, that institution shall:
(1)
provide without charge to the local board a facility for use as a polling place that meets all applicable requirements under this article and as established by the State Board; and
(2)
provide assistance to the local board in recruiting election judges to staff the polling place.
(iii)
A local board may not be required to establish a separate precinct as provided under subparagraph (i) of this paragraph if there is an established precinct within one–half mile of the public or private institution of higher education’s campus that serves the voters who attend or work at the public or private institution of higher education.
(3)
When a local board is establishing precinct boundaries and designating the location of polling places, the local board shall contact and obtain input from large residential institutional communities including institutions of higher education, continuing care retirement communities, senior communities, and military installations.
(b)
Except as provided in subsection (e) of this section, a local board may not create or change a precinct boundary or polling place during the period beginning the Tuesday that is 13 weeks prior to a primary election, through the day of the general election.
(c)
Any precinct boundary established by a local board subsequent to July 1, 1987 shall follow visible features as defined by the Bureau of the Census, United States Department of Commerce.
(d)
(1)
Within 5 days of creating a new precinct or changing a precinct boundary, a local board shall send to the State Administrator a written description of the new boundary and a map of the area involved.
(2)
On receipt of the description and map relating to a precinct boundary described in paragraph (1) of this subsection, the State Administrator shall immediately send the information electronically to the Secretary of Planning.
(e)
(1)
Unless the action is approved in advance by the State Administrator, during the period January 1, in the second year preceding the decennial census, through the effective date of any redistricting based on the census, a local board may not create a new precinct or change a precinct boundary.
(2)
Upon receipt of the description and map relating to a precinct boundary established during the period described in paragraph (1) of this subsection, the State Administrator shall immediately send the information electronically to the Secretary of the Department of Planning and the Executive Director of the Department of Legislative Services.
(f)
Notwithstanding any restrictions imposed by subsections (a) through (e) or (g) of this section, but subject to § 2–303.1 of this subtitle and the approval of the State Board, a local board may create a new precinct or change a precinct boundary or polling place if the local board determines that an emergency exists.
(g)
(1)
The regulations adopted by the State Board shall include procedures for the creation of new precincts and changes to precinct boundaries or polling places.
(2)
A local board may create a new precinct or make a change in a precinct boundary or polling place only in accordance with regulations adopted by the State Board.
Md. Code Ann., Election Law § 2-303.1 (2026)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 3. Provisions Generally Applicable
§ 2–303.1LinkCopy Citation
(a)
At least 7 months before each statewide primary election, each local board shall submit an election plan to the State Board for approval.
(b)
An election plan shall include:
(1)
a polling place plan that meets the requirements of subsection (c) of this section;
(2)
a ballot drop box plan developed in accordance with § 2–304 of this subtitle;
(3)
an early voting center plan that meets the requirements of subsection (d) of this section; and
(4)
an analysis of how to maximize voter participation in the county and each precinct.
(c)
(1)
A polling place plan shall include:
(i)
evidence that the plan complies with § 10–101(a)(2) of this article; and
(ii)
the information specified in paragraph (2) of this subsection if:
(1)
in the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the immediately preceding general election; or
(2)
in any statewide election other than the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the first statewide general election held after the most recent statewide redistricting based on the census.
(2)
If required under paragraph (1)(ii) of this subsection, a polling place plan shall include:
(i)
the address and a description of the location of each affected polling place;
(ii)
an analysis of available suitable buildings within the precinct boundary, including the availability of parking and a determination regarding building compliance with the federal Americans with Disabilities Act;
(iii)
of the voters who cast ballots in each affected precinct in the three most recent statewide elections:
(1)
the percentage who voted in person on election day;
(2)
the percentage who voted by mail;
(3)
the number who registered to vote on election day; and
(4)
the number who voted at an early voting center;
(iv)
the proximity of the proposed polling place to a dense concentration of voters in the affected precinct;
(v)
the change in the number of registered voters in the affected precinct from the last statewide election;
(vi)
the public transportation options that voters in each affected precinct could use to access the polling place that would serve the precinct under the plan; and
(vii)
an analysis of the impact on the ability of historically disenfranchised communities to cast a ballot, including demographic information of the voters in the affected precinct.
(d)
An early voting center plan shall use the following factors when determining the location of an early voting center in the county:
(1)
accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups;
(2)
proximity of the early voting center to dense concentrations of voters;
(3)
accessibility of the early voting center by public transportation;
(4)
for counties with four or more early voting centers, ensuring equitable geographic distribution of early voting centers throughout the county; and
(5)
the use of community centers and public gathering places.
(e)
(1)
The requirements of this subsection do not apply if a local board is creating a new precinct or changing a precinct boundary or polling place under § 2–303(f) of this subtitle during the period beginning 21 days before election day through election day.
(2)
Each local board shall:
(i)
maintain a contact list of individuals and organizations who wish to be notified about local board meetings at which an election plan or any proposed changes to the locations of polling places will be discussed; and
(ii)
include information about the purpose of the contact list and how to register for the list in a conspicuous location on the local board’s website.
(3)
A local board may not vote to adopt an election plan or change the location of a polling place unless the local board first:
(i)
holds a meeting to discuss and vote on the proposed election plan or change in the location of a polling place; and
(ii)
provides an opportunity for interested individuals and organizations to provide written or oral testimony at the meeting on the proposed election plan or change in the location of a polling place.
(4)
At least 14 days before the meeting required under paragraph (3)(i) of this subsection, the local board shall:
(i)
post the proposed election plan or a written description of the proposed change in the location of a polling place on the local board’s website; and
(ii)
provide written notice of the meeting to:
(1)
each individual and organization on the contact list maintained in accordance with paragraph (2)(i) of this subsection;
(2)
if an election plan will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent all or any portion of the county; or
(3)
if a change in the location of a polling place will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent the precinct containing either the current polling place location or the proposed polling place location.
(5)
If required under paragraph (4)(ii)2 or 3 of this subsection, the local board shall provide notice of the meeting to:
(i)
the mayor;
(ii)
the county executive;
(iii)
each county commissioner;
(iv)
each county council member;
(v)
each municipal council member; and
(vi)
each member of the General Assembly.
(f)
The local board shall submit to the State Board with the local board’s election plan any written testimony and a summary of any oral testimony on the election plan provided by the public at the meeting at which the local board discussed and voted on the election plan.
(g)
(1)
The State Board shall vote on the election plan submitted by each local board.
(2)
The State Board shall approve an election plan of a local board if the election plan:
(i)
complies with the requirements of this section and § 10–101(a)(2) of this article;
(ii)
has been reviewed by the State Administrator; and
(iii)
will not negatively affect access to voting for historically disenfranchised communities.
(h)
If the State Board votes on an election plan and does not approve the election plan under subsection (g) of this section, the local board shall submit a revised election plan to the State Board within 15 days after the date on which the State Board voted on the previous plan.
Md. Code Ann., Election Law § 2-304 (2026)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 3. Provisions Generally Applicable
§ 2–304LinkCopy Citation
(a)
(1)
Each local board shall develop a ballot drop box plan that includes the proposed location of each ballot drop box in the county.
(2)
A local board shall use the following factors when determining the location of a ballot drop box:
(i)
the accessibility of the ballot drop box to historically disenfranchised communities, including voters with disabilities, cultural groups, ethnic groups, and minority groups;
(ii)
proximity of the ballot drop box to dense concentrations of voters;
(iii)
accessibility of the ballot drop box by public transportation; and
(iv)
equitable geographic distribution of ballot drop boxes throughout the county.
(b)
Subject to subsection (c) of this section, a local board shall designate locations in the county at which a ballot drop box will be placed in accordance with the factors set forth in subsection (a) of this section.
(c)
(1)
Each local board shall submit the ballot drop box plan with the proposed locations in the county for each ballot drop box to the State Administrator for review.
(2)
If a proposed ballot drop box plan does not meet the factors listed in subsection (a) of this section, before the local board’s election plan is submitted to the State Board for approval under § 2–303.1 of this subtitle, the State Administrator shall:
(i)
request that the local board reconsider the proposed location for one or more ballot drop boxes; and
(ii)
provide to the local board a detailed explanation of why the proposed location does not meet the factors.
(3)
If the State Administrator finds that the proposed ballot drop box locations submitted to the State Administrator after reconsideration by the local board under paragraph (2) of this subsection do not meet the factors, the State Administrator may add ballot drop box locations in the county.
Md. Code Ann., Election Law § 2-305 (2026)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 3. Provisions Generally Applicable
§ 2–305LinkCopy Citation
(a)
(1)
A local board shall ensure the security of ballot drop boxes, including through the use of the following:
(i)
monitoring by security cameras at all times; and
(ii)
periodic in–person visits by appropriate personnel.
(2)
A local board shall have immediate access or access within a reasonable amount of time to a security camera used for monitoring a ballot drop box under paragraph (1)(i) of this subsection.
(b)
(1)
Except as otherwise provided in law, a local board shall remove the election–related materials from each ballot drop box at least once each day that the ballot drop box is open in accordance with the chain of custody procedures established in accordance with paragraph (2) of this subsection.
(2)
The State Board shall establish chain of custody procedures governing removal of election–related materials from ballot drop boxes and the return of the materials to the local board.