<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".18" citation="COMAR 14.30.10.18" title_num="14" subtitle_num="30" chapter_num="10" heading="Conduct of Elections.">
  <paragraph num="A.">
    <text>The anonymity of ballots shall be maintained to the greatest extent possible.</text>
  </paragraph>
  <paragraph num="B.">
    <text>On-Site Elections.</text>
    <paragraph num="(1)">
      <text>Voting shall be scheduled during workdays whenever possible and polling places and voting times shall permit reasonable access by voters. Public employers shall grant reasonable release time to employees so that the employees can vote during their workday or shift.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Executive Director shall oversee the election. At the discretion of the Executive Director, the election may be overseen by an election judge who shall be a board member or other designated individual who is selected based upon qualifications and integrity.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Executive Director or election judge shall be solely responsible for:</text>
      <paragraph num="(a)">
        <text>The conduct of the election;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The regulation of the polling site and immediate environs, including the designation of the boundaries of the polling areas;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The maintenance of voting materials, including ballots;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The counting of ballots and recording of the results; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The certification of the accuracy of the ballot count.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>There shall be no electioneering of any kind within the marked and designated polling areas. In addition, no voter shall be subjected to intimidation, duress, or coercion during an election. The Board may set aside an election outcome favorable to a party who substantially and materially violates this provision, and order remedies for the violation, which might include a new election.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If there is more than one polling place, the Executive Director or election judge shall sequester ballots from each location until counted. Sequestered ballots shall be sealed in an envelope or other appropriate container and delivered to the counting location.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Election Observers. Each employee organization participating in an on-site election may be represented by one observer who has no supervisory power over employees who are voting per bargaining unit, at each polling place, to observe:</text>
      <paragraph num="(a)">
        <text>The voting activities; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The counting of the ballots and the certification of the accuracy of the ballot count.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>The public employer may designate one observer who is not a supervisor of any of the employees who are eligible to vote in the election, per bargaining unit, at each polling place, to observe:</text>
      <paragraph num="(a)">
        <text>The voting activities; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The counting of the ballots and the certification of the accuracy of the ballot count.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>The participating unions and the public employer shall provide the Executive Director, at least 3 days before the start of the election, with the names of their designated observers and no more than two alternate observers for each one, unless otherwise agreed to by the parties and the Executive Director, who may observe in place of, but not in addition to, a designated observer.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The final certification of the accuracy of the ballot count shall be by the Executive Director.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Mail Ballot Elections.</text>
    <paragraph num="(1)">
      <text>On the scheduled date for mailing ballots, the Executive Director shall mail to each eligible voter:</text>
      <paragraph num="(a)">
        <text>An official ballot;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A “Secret Ballot Envelope”;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A “Mail Ballot Envelope”; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Voting instructions.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The voting instructions shall instruct the voter to return the ballot to the Board in the two envelopes as follows:</text>
      <paragraph num="(a)">
        <text>The voted ballot shall be placed in the smaller envelope marked “Secret Ballot Envelope”, which contains the name of the bargaining unit and any additional instructions required by the Executive Director;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The smaller envelope shall then be placed in the larger “Mail Ballot Envelope”; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The “Mail Ballot Envelope” is then to be mailed or delivered to the Executive Director.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The “Mail Ballot Envelope” shall be:</text>
      <paragraph num="(a)">
        <text>Preaddressed; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Postage prepaid.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The “Mail Ballot Envelope” shall contain a space to identify:</text>
      <paragraph num="(a)">
        <text>The voter by name;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The employer;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The bargaining unit;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The voter’s signature; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Other information that the Executive Director may require.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>A ballot shall be voided if the voter fails to provide or destroys any required identity information on the “Mail Ballot Envelope”.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Each “Mail Ballot Envelope” shall be authenticated against the list of eligible voters when the ballots are counted.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Secret Ballot Envelopes” shall be removed from authenticated “Mail Ballot Envelopes” and deposited in a suitable container with other “Secret Ballot Envelopes” to preserve anonymity.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Each party to a mail ballot election may be represented by one representative to observe the counting of the ballots and the certification of the accuracy of the ballot count. The Executive Director shall arrange for the opportunity for this observation.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>After all the authenticated “Secret Ballot Envelopes” are collected, the ballots shall be removed and counted at random and recorded in the presence of election observers, if any.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>All challenges to mail ballots due to the identity or eligibility of the voter shall be raised before the removal of the “Secret Ballot Envelope” from the “Mail Ballot Envelope”.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Electronic Voting.</text>
    <paragraph num="(1)">
      <text>The Board shall designate the vendor who will administer the electronic voting. The parties shall split the costs of the vendor.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any challenges to a voter’s eligibility to vote shall be resolved before the employee votes.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>After eligibility is resolved, the Board shall ensure that a list of voters is produced, and the Board shall provide that list to the vendor and all parties.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Log-in credentials for voting shall be randomly assigned to each voter so that nobody other than the voter can access each log-in credential.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>One observer from each party may observe how credentials are prepared and watch the tabulation.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The electronic voting system cannot link a voter to their vote, once cast, and nobody is permitted to attempt to use the system to make such a link.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The vendor shall retain the voting system and digital records until the election is complete.</text>
    </paragraph>
  </paragraph>
</regulation>