Plain Text Law

Title 33 — Subtitle 01. Definitions; General Provisions

Chapter 01. Definitions

Regulation .01 Definitions.Copy Citation

A.
In this title, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Absentee ballot” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. The term is synonymous with mail-in ballot.
(2)
“Accredited challenger or watcher” means an individual who:
(a)
Is a Maryland registered voter;
(b)
Has been appointed by a designated entity to serve as a challenger or watcher; and
(c)
Has a certificate signed by a designating entity.
(3)
“Ballot” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(4)
“Ballot drop box” has the meaning stated in Election Law Article, §1-101(d-1), Annotated Code of Maryland.
(5)
“Ballot face” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(6)
“Ballot style” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(7)
“Board of canvassers” has the meaning stated in Election Law Article, §11-101, Annotated Code of Maryland.
(8)
“Candidate” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(9)
“Canvass” has the meaning stated in Election Law Article, §11-101, Annotated Code of Maryland.
(10)
“Contest” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(11)
“County” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(12)
“Designating entity” means:
(a)
A candidate, including a write-in candidate who has filed a Certificate of Candidacy under Election Law Article, §5-301, Annotated Code of Maryland;
(b)
A political party;
(c)
A group of voters that:
(i)
Is supporting or opposing a candidate, principle, or proposition on the ballot; and
(ii)
Has formed a political committee under Election Law Article, §13-207, Annotated Code of Maryland;
(d)
The State Board for any polling place in the State; or
(e)
A local board for any polling places within its jurisdiction.
(13)
“Disability” means a temporary or permanent physical disability.
(14)
“Elderly” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(15)
“Election” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(16)
Election Director.
(a)
“Election director” means the chief election official of a local board, as described in Election Law Article, §2-206, Annotated Code of Maryland.
(b)
“Election director” includes a local election administrator empowered to perform the functions of an election director.
(17)
“Election register” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(18)
“Historically disenfranchised communities” has the meaning stated in Election Law Article, §1-101(aa-1), Annotated Code of Maryland, and may be identified by:
(a)
Demographic and historical data brought to the attention of the State Board showing that a racial, ethnic, or socioeconomic group has been historically subject to voter suppression efforts; or
(b)
A factual finding by a court of competent jurisdiction or legislative body with binding authority over the State Board that a racial, ethnic, or socioeconomic group has historically been subject to voter suppression efforts.
(19)
“Identification card” means:
(a)
A Maryland driver's license;
(b)
A Motor Vehicle Administration issued (MVA-issued) identification card;
(c)
A student identification card;
(d)
An employee identification card;
(e)
A military identification card;
(f)
A United States passport; and
(g)
Any other State or federal government-issued identification card.
(20)
Includes or Including.
(a)
“Includes” or “including” means by way of illustration.
(b)
“Includes” or “including” does not mean by way of limitation.
(21)
Local Board.
(a)
“Local board” means a county board of elections.
(b)
“Local board” includes a county board of elections when it is constituted and acting as a board of canvassers.
(22)
“Mail-in ballot” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. The term is synonymous with absentee ballot.
(23)
“Mail-in voting” refers to the process established by Election Law Article, Subtitle 3, Annotated Code of Maryland. The term is synonymous with absentee voting.
(24)
“Non-accredited challenger or watcher” means an individual who wishes to challenge the right to vote of any individual but has not been appointed by a designating entity.
(25)
“Person” includes an individual, corporation, partnership, business trust, or limited liability company.
(26)
Personal Identification Information.
(a)
“Personal identification information” means:
(i)
A current and valid identification card that bears the photograph of the individual; or
(ii)
A current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual.
(b)
For the purposes of §B(25)(a)(ii) of this regulation, “current” means within the last 3 months.
(27)
“Political party” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(28)
“Precinct” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(29)
“Pre-qualified voter” means an individual who is not registered to vote but whom the State Board determines to be eligible to register and vote during early voting or election day.
(30)
Proof of Residency.
(a)
“Proof of residency” means one of the following documents:
(i)
A current Maryland driver's license;
(ii)
A current MVA-issued State ID card;
(iii)
A current MVA-issued change of address card;
(iv)
A current utility bill;
(v)
A current bank statement;
(vi)
A current government check;
(vii)
A current paycheck;
(viii)
Another current government document; or
(ix)
A current document from an independent institution of higher education, as defined by Education Article, §10-101(g), Annotated Code of Maryland, for an individual who resides on the campus of the institution.
(b)
“Proof of residency” means a document with the individual's name and current address.
(c)
For the purposes of §B(26)(a)(i)—(iii), “current” means that the license or card has not expired.
(d)
For the purposes of §B(26)(a)(iv)— viii), “current” means within the last 3 months.
(31)
“Registration and oath document” means the document printed from an electronic pollbook that includes the voter's registration information and the oaths required by Election Law Article, §§3-202(a)(1)(i) and 9-404(b)(1), Annotated Code of Maryland.
(32)
Regular Ballot.
(a)
“Regular ballot” means a ballot that is voted and counted at a polling place.
(b)
“Regular ballot” does not include a provisional ballot.
(33)
“Specimen ballot” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(34)
“State Administrator” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(35)
“State Board” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(36)
“Statewide voter registration list” has the meaning stated in Election Law Article, §3-101, Annotated Code of Maryland.
(37)
“Statewide voter registration system” means the database used to maintain the Statewide voter registration list.
(38)
“Vote tabulation” has the meaning stated in Election Law Article, §11-101, Annotated Code of Maryland.
(39)
“Vote tallying” has the meaning stated in Election Law Article, §11-101, Annotated Code of Maryland.
(40)
“Voting machine” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(41)
“Write-in candidate” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.
(42)
“Write-in vote” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.

Chapter 02. Petition for Declaratory Ruling

Regulation .01 Petition Authorized.Copy Citation

An interested person may petition the State Board for a declaratory ruling on the manner in which the Board would apply any of the following to a person or property on the facts set forth in the petition:
A.
A Board regulation;
B.
A Board order; or
C.
A statute that the Board enforces.

Regulation .02 Form, Contents, and Verification.Copy Citation

A.
Form. The petition shall be:
(1)
In writing; and
(2)
Filed with the State Administrator.
B.
Contents. The petition shall:
(1)
Contain the name, address, and telephone number of the petitioner;
(2)
Contain a detailed statement of the facts underlying the questioned applicability of the stated regulation, order, or statute; and
(3)
Pose the question of whether or in what manner the stated regulation, order, or statute applies to the facts contained in the petition.
C.
Verification. The petition shall also contain a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of the petitioner's knowledge, information, and belief.

Regulation .03 Action by Board.Copy Citation

A.
Notice of Receipt. Upon receipt of a petition, the State Administrator shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B.
Consideration and Disposition. Within 60 days after the petition is submitted, the State Board shall:
(1)
Consider the petition; and
(2)
Either:
(a)
Issue a written declaratory ruling as requested, or
(b)
Notify the petitioner in writing of the reasons for not issuing a declaratory ruling.

Regulation .04 Effect of Ruling.Copy Citation

If the State Board issues a declaratory ruling, that ruling binds the State Board, the local boards, and the petitioner on the facts set forth in the petition.

Regulation .05 Judicial Review.Copy Citation

A declaratory ruling issued under this chapter is subject to judicial review in the same manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, provides for review of a contested case.

Chapter 03. Petition for Adoption of Regulations

Regulation .01 Petition Authorized.Copy Citation

An interested person may petition the State Board for the adoption, amendment, or repeal of a regulation.

Regulation .02 Form and Contents.Copy Citation

A.
Form. The petition shall be:
(1)
In writing; and
(2)
Filed with the State Administrator.
B.
Contents. The petition shall contain:
(1)
The name, address, and telephone number of the petitioner;
(2)
The proposed regulation change; and
(3)
A brief statement of the reasons for the proposed change.

Regulation .03 Action by Board.Copy Citation

A.
Notice of receipt. Upon receipt of a petition, the State Administrator shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B.
Consideration and Disposition. Within 60 days after the petition is submitted, the State Board shall:
(1)
Consider the petition; and
(2)
Either:
(a)
Deny the petition and notify the petitioner in writing of the reasons for the denial, or
(b)
Initiate the procedures for adopting, amending, or repealing the regulation, and notify the petitioner in writing of this action.

Chapter 04. Adoption, Amendment, or Repeal of Regulations

Regulation .01 In General.Copy Citation

The State Board may adopt, amend, or repeal regulations, on a regular or emergency basis, as prescribed by the Administrative Procedure Act.

Regulation .02 Notice and Opportunity for Comment.Copy Citation

A.
In General. The State Board shall:
(1)
Provide public notice of the proposed adoption, amendment, or repeal; and
(2)
Afford interested persons an opportunity to submit written data, views, or argument.
B.
Hearing. The State Board may hold a hearing on the proposed adoption, amendment, or repeal and afford interested persons the opportunity to:
(1)
Submit evidence, subject to cross-examination by other interested persons and the State Board; and
(2)
Make oral argument.

Chapter 05. Administrative Complaint Procedure

Regulation .01 Purpose.Copy Citation

A.
The purpose of this chapter is to provide a uniform, nondiscriminatory procedure for the resolution of any complaint:
(1)
Alleging a violation of any provision of Title III of the Help America Vote Act of 2002;
(2)
Alleging a violation of any provision of the Election Law Article, Annotated Code of Maryland, relating to provisional ballots; or
(3)
Brought by an individual who feels aggrieved by an action of a local board regarding voter registration.
B.
The complaint may include a violation that has occurred, is occurring, or is about to occur.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Complainant” means the person who files a complaint with the State Board under this chapter.
(2)
“Respondent” means any State or local election official whose actions are asserted, in a complaint under this chapter, to be in violation of Title III of the Help America Vote Act of 2002.
(3)
“Title III” means Title III of the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§15481—15485.

Regulation .03 Who May File.Copy Citation

Any person who believes that there is a violation of any provision of Title III or any provision of the Election Law Article, Annotated Code of Maryland, related to provisional ballots or who feels aggrieved by an action of a local board regarding voter registration may file a complaint.

Regulation .04 Form of Complaint.Copy Citation

A.
Writing and Notarization. A complaint shall be in writing, signed and sworn by the complainant, and notarized.
B.
Prescribed or Other Form. The complainant may use:
(1)
The form prescribed by the State Board, which is available from the State Board or from any local board of elections, or which may be downloaded from the State Board website; or
(2)
Any other form satisfying the requirements of §A of this regulation.

Regulation .05 Place and Time for Filing; Copy for Respondent.Copy Citation

A.
Place for Filing. A complaint shall be filed with the State Board.
B.
Time for Filing. A complaint shall be filed:
(1)
Within 60 days after the occurrence of the actions or events that form the basis for the complaint, including the actions or events that form the basis for the complainant's belief that a violation is about to occur; or
(2)
If later, within 60 days after the complainant knew or, with the exercise of reasonable diligence, should have known of those actions or events.
C.
Copy for Respondent. The complainant shall mail or deliver a copy of the complaint to each respondent.

Regulation .06 Complaint — Consolidation, Record, Hearing, and Determination.Copy Citation

A.
Consolidation. The State Board may consolidate complaints if they:
(1)
Relate to the same actions or events; or
(2)
Raise common questions of law or fact.
B.
Record.
(1)
The State Board shall compile and maintain an official record in connection with each complaint under this chapter.
(2)
The official record shall contain:
(a)
A copy of the complaint, including any amendments made with the permission of the State Board;
(b)
A copy of any written submission by the complainant;
(c)
A copy of any written response by any respondent or other interested person;
(d)
A written report of any investigation conducted by members or employees of the State Board or of any local board of elections, who may not be directly involved in the actions or events complained of and may not directly supervise or be directly supervised by any respondent;
(e)
Copies of all notices and correspondence to or from the State Board in connection with the complaint;
(f)
Originals or copies of any tangible evidence produced at any hearing conducted under §C of this regulation;
(g)
The original tape recording produced at any hearing conducted under §C of this regulation;
(h)
A copy of any transcript of any hearing conducted under §C of this regulation obtained by any board or other party; and
(i)
A copy of any final determination under §D of this regulation or any final resolution under Regulation .07D of this chapter.
C.
Hearing.
(1)
The State Board shall conduct a hearing on the record if:
(a)
The complainant is alleging a violation of any provision of Title III of the Help America Vote Act of 2002, 42 U.S.C. §§15481 et seq. and requests a hearing; or
(b)
The State Administrator determines that a hearing is necessary to decide a complaint alleging a violation of any provision of the Election Law Article, Annotated Code of Maryland, relating to provisional ballots or an action of a local board regarding voter registration.
(2)
A hearing under this section is not a contested case within the meaning of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(3)
The hearing shall be conducted not sooner than 10 days and not later than 30 days after the State Board receives the complaint.
(4)
At least 5 business days before a hearing, the State Board shall provide notice of the date, time, place, and method (in-person or virtual) of the hearing. For good cause, a complainant may request an alternative date, time, or method for the hearing. The requisite notice shall be:
(a)
Sent by mail to the complainant, each named respondent, and any other interested person who has asked in writing to be advised of the hearing;
(b)
Posted on the State Board website; and
(c)
Posted in a prominent place, available to the general public, at the offices of the State Board.
(5)
The State Administrator or the State Administrator's designee shall act as hearing officer.
(6)
The complainant, respondent, or any witness called by the complainant or the respondent may appear at the hearing and testify or present tangible evidence in connection with the complaint.
(7)
Each witness shall be sworn.
(8)
At least 2 business days before the hearing, a party shall provide to the hearing officer and each party a list of the:
(a)
Witnesses the party expects to call at the hearing; and
(b)
Documents or other tangible evidence the party expects to present at the hearing.
(9)
The hearing officer may limit the testimony, if necessary, to ensure that all parties are able to present their views.
(10)
The hearing officer may recess the hearing and reconvene at a later date, time, and place announced publicly at the hearing.
(11)
A complainant, respondent, or other person who testifies or presents evidence at the hearing may, but need not, be represented by an attorney.
(12)
There is no right of cross-examination at a hearing, but a person may testify or present evidence to contradict any other testimony or evidence.
(13)
The hearing officer may question any witness.
(14)
If a person has already testified or presented evidence at the hearing and wishes to contradict testimony or evidence subsequently presented, that person is not entitled to be heard again, but may make a written presentation to the hearing officer.
(15)
The proceedings shall be tape-recorded by and at the expense of the State Board.
(16)
The recording will not be transcribed as a matter of course, but the State Board, a local board of elections, or any party may obtain a transcript at its own expense.
(17)
If a board or party obtains a transcript, the board or party shall file a copy as part of the record, and any other interested person may examine or copy the record copy.
(18)
Any party to the proceedings may file a written brief or memorandum within 5 business days after the conclusion of the hearing.
(19)
Except with the specific authorization of the hearing officer, responsive or reply memoranda may not be filed.
(20)
Except as provided by law, with the consent of all parties to the complaint, the hearing officer may extend any deadline or waive or modify any requirement established in this section.
D.
Final Determination.
(1)
If there has been no hearing under §C of this regulation, the State Administrator or the State Administrator's designee shall review the record and determine whether, under a preponderance of the evidence standard:
(a)
A violation of Title III or any provision of the Election Law Article, Annotated Code of Maryland, related to provisional ballots has been established; or
(b)
The local board has acted properly concerning the voter registration at issue in the complaint.
(2)
The determination of the State Administrator or the State Administrator's designee shall be the determination of the State Board.
(3)
After any hearing conducted under §C of this regulation, the hearing officer shall determine, under a preponderance of the evidence standard, whether a violation of Title III or any provision of the Election Law Article, Annotated Code of Maryland, related to provisional ballots has been established or whether the local board has acted properly concerning the voter registration at issue in the complaint.
(4)
The hearing officer may take judicial notice of any fact not subject to reasonable dispute in that it is either generally known within the State or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
(5)
Form of Determination.
(a)
If the State Administrator or the State Administrator's designee, whether acting as hearing officer or otherwise, determines that a violation has occurred, the State Board, acting through the State Administrator or the State Administrator's designee, shall provide the appropriate remedy.
(b)
The remedy may include an order to any respondent commanding the respondent to take specified action, or prohibiting the respondent from taking specified action, with respect to a past or future election.
(c)
The remedy may not include an award of money damages or attorney's fees.
(d)
If the complaint is not timely or not in proper form, or if the State Administrator or the State Administrator's designee, whether acting as hearing officer or otherwise, determines that a violation has not occurred or that there is insufficient evidence to establish a violation, the State Board, acting through the State Administrator or the State Administrator's designee, shall dismiss the complaint.
(6)
The State Administrator or the State Administrator's designee shall explain in a written decision the reasons for the determination and for any remedy selected.
(7)
Except as specified in §D(7) of this regulation, the final determination of the State Board shall be issued within 90 days after the complaint was filed, unless the complainant consents in writing to an extension.
(8)
The final determination shall be:
(a)
Mailed to the complainant, each respondent, and any other interested person who has asked in writing to be advised of the final determination;
(b)
Published on the State Board website; and
(c)
Made available on request to any interested person.
(9)
If the State Board cannot make a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be referred for final resolution under Regulation .07 of this chapter.
(10)
The record compiled under §B of this regulation shall be made available for use under Regulation .07 of this chapter.

Regulation .07 Complaint — Alternate Dispute Resolution.Copy Citation

A.
If, for any reason, the State Administrator or the State Administrator's designee does not render a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be resolved under this regulation.
B.
Selection of Arbitrators.
(1)
On or before the 5th business day after a final State Board determination is due, the State Board shall designate in writing to the complainant the name of an arbitrator to serve on a panel to resolve the complaint.
(2)
Within 3 business days after the complainant receives the designation of an arbitrator, the complainant shall designate in writing to the State Board the name of a second arbitrator.
(3)
Within 3 business days after the complainant's designation of a second arbitrator, the two arbitrators designated shall select a third arbitrator to complete the panel.
C.
Arbitration Process.
(1)
The arbitration panel may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but may not receive additional testimony or evidence.
(2)
In exceptional cases, the panel may request that the parties present additional briefs or memoranda.
D.
Arbitration Resolution.
(1)
The arbitrators shall determine the appropriate resolution of the complaint by a majority vote.
(2)
The arbitration panel shall issue a written resolution within 60 days after the final State Board determination was due under Regulation .06D of this chapter. The 60-day period may not be extended.
(3)
The final resolution of the panel shall be:
(a)
Transmitted to the State Board;
(b)
Mailed to the complainant, each respondent, and any other interested person who has asked in writing to be advised of the final resolution;
(c)
Published on the State Board website; and
(d)
Made available on request to any interested person.
(4)
Except if an appeal is permitted under Regulation .08B of this chapter, the final resolution of the panel is the final resolution of the complaint.

Regulation .08 Appeal.Copy Citation

A.
Except as provided in §B of this regulation, the final determination of the State Board under Regulation .06D of this chapter, or the final resolution of an arbitration panel under Regulation .07D of this chapter, may not be appealed in any State or federal court.
B.
A final determination of the State Board or a final resolution of an arbitration panel regarding the eligibility of an individual to register to vote is subject to judicial review, as provided by Election Law Article, §3-602, Annotated Code of Maryland.

Chapter 06. Candidate Names

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Alternative name” means a name, other than a given name, provided on a certificate of candidacy pursuant to Election Law Article, §5-301(c)(3), Annotated Code of Maryland.
(2)
“Candidate filing document” means a certificate of candidacy, declaration of intent, or any other document submitted by a candidate for purposes of having the candidate's name placed on the ballot.

Regulation .02 Requirements for the Use of an Alternative Name.Copy Citation

A.
Designation of Alternate Name. The State Administrator or designee shall accept the designation of an alternative name on a candidate filing document if:
(1)
The candidate completed the affidavit as specified in Regulation .03 of this chapter; and
(2)
The alternative name meets the requirements established under Regulation .04 of this chapter.
B.
Impermissible Candidate Name; Opportunity to Correct.
(1)
A determination that an alternative name on a candidate filing document does not meet the requirements of this chapter will not invalidate the candidate filing document.
(2)
If the alternative name is not permissible, the State Administrator shall notify the candidate of that fact.
(3)
Within 5 days of notification, the State Administrator shall:
(a)
Accept a new alternative name submitted by the candidate; or
(b)
If a new and acceptable alternative name is not submitted, use the candidate's given name as contained in the candidate's voter registration record.

Regulation .03 Affidavit of Alternative Name.Copy Citation

A.
In General. Except as provided in §C of this regulation, when a candidate files a candidate filing document with an alternative name, the candidate shall include an affidavit, filed under penalty of perjury, attesting that the candidate is generally known by the alternative name in:
(1)
Press accounts concerning the candidate; or
(2)
If press accounts do not exist, the candidate's every day encounters with members of the community.
B.
Affidavits.
(1)
If an affidavit for an alternative name is based on press accounts, the candidate must supply a copy of the press accounts referencing the individual by the alternative name.
(2)
If an affidavit for an alternative name is based on the candidate's every day encounters with members of the community, the affidavit shall include two witnesses certifying, under penalty of perjury, to the alternative name of the candidate.
C.
Affidavit Not Required.
(1)
An affidavit is not required if the alternative name is an initial, shortened version, or commonly used variation of the candidate's given name.
(2)
Examples of shortened versions of names include:
(a)
Beth for Elizabeth; or
(b)
Jon for Jonathan.
(3)
Examples of commonly used variations of names include:
(a)
Peggy for Margaret; or
(b)
Dick for Richard.

Regulation .04 Alternative Names.Copy Citation

A.
Determination. For an alternative name to be permissible, the State Administrator or designee shall make a determination that the alternative name:
(1)
Includes at least a first name or initial;
(2)
Except as provided in §B of this regulation includes the candidate's given last name; and
(3)
Does not include:
(a)
A title, honorary title, or word that gives the impression of a title;
(b)
A description of an activity, event, or experience;
(c)
A reference to a business or commercial enterprise of the candidate; or
(d)
An offensive or derogatory word or phrase.
B.
Permissive Alternative Names. A candidate may file an alternative name using a last name other than the candidate's given last name if the candidate:
(1)
Either:
(a)
Is legally entitled to use a last name other than the candidate's given last name; or
(b)
Was party to an absolute divorce and continues to use the given name prior to the divorce; and
(2)
Files an affidavit in support of alternative name as required under Regulation .03 of this chapter.

Regulation .05 Name Conventions.Copy Citation

A nickname, phrase, or name other than a shortened version or commonly used variation of the candidate's given name:
A.
May not exceed the character length set by the State Administrator; and
B.
Shall be placed on the ballot in the middle name field.

Chapter 07. Voting in Correctional Facilities

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Baltimore City centralized booking facility” has the meaning stated in Correctional Services Article, §2-501(a)(2), Annotated Code of Maryland, and Election Law Article, §1-303.1(a)(2), Annotated Code of Maryland.
(2)
“Correctional facility” has the meaning stated in Election Law Article, §1-303.2(a)(2), Annotated Code of Maryland.
(3)
“Correctional unit” has the meaning stated in Correctional Services Article, §2-401(b), Annotated Code of Maryland.
(4)
“Department” means the Department of Public Safety and Correctional Services.
(5)
“Election official” is an employee or designee of a local board who:
(a)
Is at least 18 years of age;
(b)
Has met all background check requirements as required by the Department; and
(c)
Is not employed by the Department.
(6)
“Election-related materials” has the meaning stated in Correctional Services Article, §2-501(a)(3), Annotated Code of Maryland, and Election Law Article, §1-303.1(a)(3), Annotated Code of Maryland.
(7)
“Eligible voter” has the meaning stated in Election Law Article, §3-303.2(a)(4), Annotated Code of Maryland.
(8)
“Local correctional unit” has the meaning stated in Correctional Services Article, §2-401(b)(2)(iii), Annotated Code of Maryland.
(9)
“Voting information packet” means a packet with a voter registration application, an absentee ballot application, and instructions for each application.

Regulation .02 Duties of the State Board.Copy Citation

A.
Ballot Drop Box. The State Board shall provide:
(1)
A secure, designated ballot drop box for election-related materials at the Baltimore City centralized booking facility to allow eligible voters sufficient opportunity to submit election-related materials before any voter registration and absentee voting deadlines; and
(2)
Written notifications on how and when eligible voters may use the ballot drop box.
B.
Notification of Eligible Voters.
(1)
The State Board shall adopt a program to inform eligible voters of upcoming elections and how to exercise the right to vote.
(2)
For eligible voters incarcerated in a correctional unit operated by the Department:
(a)
At the beginning of a presidential or gubernatorial election year, on a date mutually agreed upon by the State Board and the Department, the State Board shall provide the Department with:
(i)
Deadlines for the return of a completed Statewide VRA as defined in COMAR 33.05.04.02C;
(ii)
Deadlines for the local board’s receipt of a request for an absentee ballot;
(iii)
Deadlines for the return of a completed absentee ballot; and
(iv)
In the event of a special election, the deadlines specified in §B(2)(a)(i)—(iii) of this regulation as soon as they are determined; and
(b)
After the Department has provided the number of eligible voters as described in Regulation .03 of this chapter and no later than 30 days before the deadline to register to vote, the State Board shall provide the Department with a number of voting information packets equal to or greater than the number of eligible voters at each of the Department’s facilities.
(3)
For eligible voters incarcerated in a correctional facility operated by a local correctional unit, the State Board shall provide each local correctional facility with a number of voting information packets equal to or greater than the number of eligible voters at each county correctional facility no later than 30 days before the deadline to register to vote.

Regulation .03 Duties of the Department of Public Safety and Correctional Services.Copy Citation

A.
Ballot Drop Box. The Department shall:
(1)
Make the ballot drop box provided by the State Board available to eligible voters at the Baltimore City centralized booking facility;
(2)
Make any additional ballot drop boxes provided by the Department available to eligible voters in the correctional facility operated by the Department where the additional ballot drop boxes are located;
(3)
Provide for video monitoring of all ballot drop boxes 24 hours a day and 7 days a week;
(4)
Allow eligible voters to submit election-related material in the ballot drop box where they are incarcerated;
(5)
Notify the State Board and the appropriate local board of elections if a ballot drop box becomes full or is damaged or compromised in any way; and
(6)
Disseminate written notifications directly to each eligible voter on how and when to use the ballot drop box in the correctional facility where they are incarcerated.
B.
Notification of Eligible Voters. The Department shall:
(1)
No later than February 1 in a gubernatorial election year or December 15 in the year preceding a presidential election year, forward to the State Board the number of eligible individuals currently in custody at each correctional facility operated by the Department;
(2)
No later than July 1 of each even-numbered year, forward to the State Board the number of eligible individuals currently in custody at each correctional facility operated by the Department;
(3)
In the event of a special election, no later than 60 days before the deadline to register to vote for the special election, forward to the State Board the number of eligible individuals currently in custody at each State facility;
(4)
Upon receipt of voting information packets from the State Board, distribute the packets to the eligible individuals in a timely manner, even if an eligible individual was not included in the original count of eligible individuals forwarded to the State Board;
(5)
Store any extra voting information packets that remain after distribution in a secured location;
(6)
Notify the State Board immediately if a facility needs additional voting information packets;
(7)
Process and deliver to the USPS all outgoing election mail placed in the normal outgoing mail receptacle in a timely manner, so as to not delay the arrival of election mail; and
(8)
Allow designated election officials to empty any ballot drop boxes provided by the State Board on a mutually agreed upon schedule.
C.
Notification of Released Eligible Voters. The Department shall:
(1)
Provide each individual who is released from a correctional facility with a voter registration application and documentation with the individual’s discharge papers that informs the individual that the individual’s voting rights have been restored or are otherwise intact;
(2)
At each parole and probation office, display in a conspicuous location where notices to the public are customarily posted a sign indicating that any individual who is no longer incarcerated has the right to vote; and
(3)
Post in a conspicuous location on the Department’s website a notice indicating that any individual who is no longer incarcerated pursuant to a felony conviction has the right to vote.
D.
Required Reporting. No later than January 15 of each year, the Department shall provide to the State Board a cumulative list of the prior year’s eligible voters at each correctional facility operated by the Department.

Regulation .04 Duties of the Local Board of Elections for Baltimore City.Copy Citation

The local board of elections for Baltimore City shall:
A.
Provide staff to collect election-related materials submitted to the ballot drop box at:
(1)
The Baltimore City centralized booking facility on at least a weekly basis; and
(2)
The ballot drop box at any other correctional facility located in Baltimore City, on a schedule mutually agreed upon by the local board of elections for Baltimore City and the correctional facility; and
B.
If the materials collected are for another local board, distribute the materials to the appropriate local board in a timely manner.

Regulation .05 Duties of Local Correctional Facilities.Copy Citation

Each local correctional facility shall:
A.
Upon receipt of voting information packets, distribute the packets to the eligible individuals in a timely manner and to eligible individuals who arrive at the facility after the initial distribution;
B.
Store any extra packets that remain after distribution;
C.
Notify the State Board immediately if a facility needs additional packets; and
D.
Unless an agreement exists between a local board and the local correctional facility in a county for the pickup of outgoing election mail by an election official, deliver all outgoing election mail to the USPS in a timely manner, so as to not delay the arrival of election mail.

Regulation .06 Duties of Eligible Voters.Copy Citation

The eligible individual is responsible for completing and depositing before the appropriate deadline the election mail in:
A.
A designated ballot drop box at the individual’s respective correctional facility if one is provided; or
B.
The correctional facility’s outgoing mail receptacle.

Chapter 08. Election Plan

Regulation .01 Requirements for an Election Plan.Copy Citation

A local board shall include in the election plan:
A.
A polling place plan that meets the requirements of COMAR 33.15.03.01;
B.
A ballot drop box plan developed in accordance with COMAR 33.11.01.04;
C.
An early voting center plan that meets the requirements of COMAR 33.17.02.02;
D.
An analysis of how to maximize voter participation in the county and each precinct; and
E.
A letter from the local board that includes:
(1)
The date of the local board meeting where the election plan was considered;
(2)
A summary of any oral testimony about the election plan that was offered at the meeting where the election plan was considered;
(3)
As an attachment, any written testimony submitted by the public regarding the election plan; and
(4)
An affirmation of compliance with the notice and comment requirements of Election Law Article, §2-303.1(e)(3)(5), Annotated Code of Maryland.

Regulation .02 Submission of an Election Plan.Copy Citation

A.
The State Board shall:
(1)
Prescribe a form and submission process for a local board to use to provide a proposed election plan; and
(2)
Provide each local board with the prescribed form at least 9 months before a primary election.
B.
Requirements of Election Plan Submission Process.
(1)
The form and submission process required under §A of this regulation shall ensure that an election plan meets the requirements of COMAR 33.01.08.01.
(2)
A local board shall submit an election plan by completing the form and submission process required under §A(1) of this regulation at least 7 months before each Statewide primary election. Completion of the form and submission process shall constitute fulfillment of a local board’s duty to submit an election plan pursuant to Election Law Article, §2-303.1(a), Annotated Code of Maryland.

Regulation .03 Approval of Elections Plan.Copy Citation

A.
Upon receipt of an election plan, the State Administrator shall review it and make a recommendation to the State Board whether to approve it.
B.
The State Board shall:
(1)
Vote on a local board's proposed election plan within 30 days of receipt of the submission required in COMAR 33.01.08.02(B)(2);
(2)
Approve an election plan if the election plan:
(a)
Complies with the requirements of Election Law Article, §§2-303.1 and 10.101(a)(2), Annotated Code of Maryland;
(b)
Complies with this regulation and COMAR 33.15.03.01, 33.11.01.04, and 33.17.02.02;
(c)
Has been reviewed by the State Administrator; and
(d)
Will not negatively affect access to voting for historically disenfranchised communities, as defined in Election Law Article, §1-101(aa-1), Annotated Code of Maryland; and
(3)
Within 2 days after its vote on an election plan, notify the local board of the State Board's vote.
C.
If the State Board votes on an election plan and does not approve the election plan under §B(2) of this regulation, the State Board shall:
(1)
In the notice required by §B(3) of this regulation include:
(a)
The reason that the plan was not approved;
(b)
A statement that a revised plan is due 15 days after the vote by the State Board; and
(c)
The date on which the State Board will meet to review the revised plan.
(2)
Set a date for a meeting to consider the revised plan that is no later than 5 days after the submission date of the revised plan.
D.
Upon approval by the State Board, a local board shall include in its disaster recovery plan the name, address, and contact information for each early voting center, polling place and ballot drop box.

Regulation .04 Notice of Proposed Election Plan by the Local Boards.Copy Citation

A.
Contact List.
(1)
Each local board shall maintain a contact list of individuals and organizations as required by Election Law Article, §2-303.1(e)(2), Annotated Code of Maryland.
(2)
There shall be one list for the purposes of sending notices of election plans and polling place changes as required by Election Law Article, §2-303.1(e)(4), Annotated Code of Maryland.
B.
Each local board shall make available in a conspicuous location on its website:
(1)
Information about the contact list in §A of this regulation, including:
(a)
A statement that the purpose of the list is to provide notice about local board meetings where an election plan or proposed change to a location of a polling place will be considered;
(b)
A statement that by signing up for the list, the person will receive notice of any meeting where election plans or polling place changes are considered; and
(c)
How to register for the list.
(2)
At least 14 days before a meeting where an election plan or polling place change will be discussed, the proposed election plan or written description of the proposed change in polling place.
C.
At least 14 days before meeting to consider an election plan, the local board shall provide written notice of the meeting to:
(1)
Each individual and organization on the contact list required in §A of this regulation; and
(2)
The following elected officials who represent all or any portion of the county:
(a)
The Mayor;
(b)
County Executive;
(c)
County Commissioner;
(d)
County Council member;
(e)
Each Municipal Council member; and
(f)
Member of the General Assembly.