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<chapter num="07" heading="Voting in Correctional Facilities" title_num="33" subtitle_num="01">
  <regulation prefix="Regulation" num=".01" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Correctional facility” has the meaning stated in Election Law Article, §1-303.2(a)(2), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Correctional unit” has the meaning stated in Correctional Services Article, §2-401(b), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Department” means the Department of Public Safety and Correctional Services.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>“Election official” is an employee or designee of a local board who:</text>
        <paragraph num="(a)">
          <text>Is at least 18 years of age;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Has met all background check requirements as required by the Department; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Is not employed by the Department.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(6)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>“Eligible voter” has the meaning stated in Election Law Article, §3-303.2(a)(4), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(8)">
        <text>“Local correctional unit” has the meaning stated in Correctional Services Article, §2-401(b)(2)(iii), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(9)">
        <text>“Voting information packet” means a packet with a voter registration application, an absentee ballot application, and instructions for each application.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Duties of the State Board.">
    <paragraph num="A.">
      <text>Ballot Drop Box. The State Board shall provide:</text>
      <paragraph num="(1)">
        <text>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</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Written notifications on how and when eligible voters may use the ballot drop box.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Notification of Eligible Voters.</text>
      <paragraph num="(1)">
        <text>The State Board shall adopt a program to inform eligible voters of upcoming elections and how to exercise the right to vote.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>For eligible voters incarcerated in a correctional unit operated by the Department:</text>
        <paragraph num="(a)">
          <text>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:</text>
          <paragraph num="(i)">
            <text>Deadlines for the return of a completed Statewide VRA as defined in COMAR 33.05.04.02C;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Deadlines for the local board’s receipt of a request for an absentee ballot;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Deadlines for the return of a completed absentee ballot; and</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>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</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Duties of the Department of Public Safety and Correctional Services.">
    <paragraph num="A.">
      <text>Ballot Drop Box. The Department shall:</text>
      <paragraph num="(1)">
        <text>Make the ballot drop box provided by the State Board available to eligible voters at the Baltimore City centralized booking facility;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Provide for video monitoring of all ballot drop boxes 24 hours a day and 7 days a week;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Allow eligible voters to submit election-related material in the ballot drop box where they are incarcerated;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>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</text>
      </paragraph>
      <paragraph num="(6)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Notification of Eligible Voters. The Department shall:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Store any extra voting information packets that remain after distribution in a secured location;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Notify the State Board immediately if a facility needs additional voting information packets;</text>
      </paragraph>
      <paragraph num="(7)">
        <text>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</text>
      </paragraph>
      <paragraph num="(8)">
        <text>Allow designated election officials to empty any ballot drop boxes provided by the State Board on a mutually agreed upon schedule.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Notification of Released Eligible Voters. The Department shall:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Duties of the Local Board of Elections for Baltimore City.">
    <text>The local board of elections for Baltimore City shall:</text>
    <paragraph num="A.">
      <text>Provide staff to collect election-related materials submitted to the ballot drop box at:</text>
      <paragraph num="(1)">
        <text>The Baltimore City centralized booking facility on at least a weekly basis; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>If the materials collected are for another local board, distribute the materials to the appropriate local board in a timely manner.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Duties of Local Correctional Facilities.">
    <text>Each local correctional facility shall:</text>
    <paragraph num="A.">
      <text>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;</text>
    </paragraph>
    <paragraph num="B.">
      <text>Store any extra packets that remain after distribution;</text>
    </paragraph>
    <paragraph num="C.">
      <text>Notify the State Board immediately if a facility needs additional packets; and</text>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Duties of Eligible Voters.">
    <text>The eligible individual is responsible for completing and depositing before the appropriate deadline the election mail in:</text>
    <paragraph num="A.">
      <text>A designated ballot drop box at the individual’s respective correctional facility if one is provided; or</text>
    </paragraph>
    <paragraph num="B.">
      <text>The correctional facility’s outgoing mail receptacle.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Election Law Article, §§1-101, 2-102(b)(4), 3-101, 3-305(e), and 9-301;State Government Article, §15-715(g); Annotated Code of Maryland;52 U.S.C. 21083(a)(5)(A)—(B)</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: July 25, 2022 (49:15 Md. R. 740)</annotation>
  </annotations>
</chapter>