Plain Text Law

Title 33 — Subtitle 02. Meetings and Training

Chapter 01. Open Meetings

Regulation .01 Board Defined; Application to Local Boards.Copy Citation

A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Board” means:
(1)
The State Board; and
(2)
Any local board that has not adopted its own regulations under State Government Article, §10-507(b), Annotated Code of Maryland.

Regulation .02 Public Attendance and Observance Allowed.Copy Citation

A.
At any open session of a board, the general public is invited to attend and observe.
B.
The board shall meet in a location that is accessible to individuals who would like to attend and observe an open session of a board.

Regulation .03 Public Participation Limited.Copy Citation

A member of the public attending an open session may not participate in the session except to the extent:
A.
The board expressly invites public testimony, questions, comments, or other forms of public participation; or
B.
A person is entitled by law to participate.

Regulation .04 Disruptive Conduct Prohibited.Copy Citation

A.
In General. An individual attending an open session of a board may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that:
(1)
Disrupts the session; or
(2)
Interferes with the right of the public to attend and observe the session.
B.
Enforcement. If an individual persists in conduct prohibited by §A of this regulation or violates any other regulation concerning the conduct of the open session, the presiding officer may:
(1)
Order the individual to be removed from the session;
(2)
Request police assistance to restore order; and
(3)
Recess the session while order is restored.

Regulation .05 Recording, Photographing, or Broadcasting.Copy Citation

A.
Recording Open Session. A member of the public, including a representative of the news media, may record the proceedings of an open session by means of a tape recorder or any other recording device if the device does not:
(1)
Create an excessive noise that disturbs board members or other individuals attending the session; or
(2)
Otherwise:
(a)
Disrupt the session, or
(b)
Interfere with the right of the public to attend and observe the session.
B.
Photographing or Taping Session. A member of the public, including a representative of the news media, may photograph or videotape the proceedings of an open session by means of any type of camera if the camera:
(1)
Is operated without excessively bright artificial light that disturbs board members or other individuals attending the session;
(2)
Does not create an excessive noise that disturbs board members or other individuals attending the session; and
(3)
Does not otherwise:
(a)
Disrupt the session, or
(b)
Interfere with the right of the public to attend and observe the session.
C.
Broadcasting Session. A representative of the news media may broadcast or televise the proceedings of an open session if the equipment used:
(1)
Is operated without excessively bright artificial light that disturbs board members or other individuals attending the session;
(2)
Does not create an excessive noise that disturbs board members or other individuals attending the session; and
(3)
Does not otherwise:
(a)
Disrupt the session, or
(b)
Interfere with the right of the public to attend and observe the session.
D.
Restriction of Movement.
(1)
Whenever necessary to maintain the orderly conduct of the session, the presiding officer may restrict the movement of the individual who is using a recording device, a camera, or broadcasting or televising equipment.
(2)
If the individual refuses to comply or otherwise persists in conduct prohibited by this regulation or any other regulation concerning the conduct of the open session, the presiding officer may take action as authorized in Regulation .04B of this chapter.

Regulation .06 Recordings Not Part of Record.Copy Citation

A recording of an open session made by a member of the public, or any transcript derived from that recording, is not a part of the record of any proceeding of the board.

Chapter 02. Biennial and Other Meetings

Regulation .01 Statewide Biennial Meeting.Copy Citation

A.
General. A Statewide biennial meeting shall be held, as provided in Election Law Article, Annotated Code of Maryland, to instruct local board members, election directors, counsel to local boards, and others on the proper conduct of elections.
B.
Mandatory Attendees. Unless excused as provided in this regulation, each of the following is required to attend the Statewide biennial meeting:
(1)
All local board members;
(2)
All election directors;
(3)
All counsel to local boards;
(4)
Any other individual designated by the State Board or the State Administrator; and
(5)
Any other individual designated by a local board or an election director.
C.
Excused Absences—by State Administrator. The State Administrator may excuse the attendance of an individual described in §B(1)—(4) of this regulation only:
(1)
On written request; and
(2)
For one of the following reasons:
(a)
Death in the individual's immediate family,
(b)
Serious illness of the individual, or
(c)
Similar good cause shown to the satisfaction of the State Administrator.
D.
Excused Absences—by Election Director. An election director may excuse the attendance of an individual described in §B(5) of this regulation in accordance with the regulations of the local board.
E.
Local Counsel. Counsel to local boards shall make every effort to clear their calendars to avoid a conflict with the meeting.

Regulation .02 Monthly Training Sessions for Directors.Copy Citation

A.
Administrator May Establish. The State Administrator may hold meetings to train election directors in the duties and responsibilities of their positions and to educate them on emerging technologies and practices in elections administration.
B.
Mandatory Attendees. Unless excused by the State Administrator, all election directors shall attend these meetings.

Regulation .03 Other Training Sessions.Copy Citation

The State Administrator may also require:
A.
Election directors and staff to attend training sessions in a specified area, such as candidacy, campaign finance, and voter registration; and
B.
Election directors or their designees to conduct training sessions on specified topics, such as voter registration.

Chapter 03. Judges' Manuals and Training

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Training Class.
(a)
“Training class” means a class prepared and conducted by the election director to train election judges that is long enough to cover all of the requirements of the State Administrator’s training curriculum through an in-person, virtual, or online delivery method of instruction, as determined appropriate by the election director.
(b)
“Training class” includes a hands-on practice session with any technology that will be used by the election judge in a polling place.
(2)
“Training program” means the required course of instruction prepared by the election director to train election judges for each election.

Regulation .02 Administrator to Develop and Issue.Copy Citation

The State Administrator shall develop and issue for the local boards:
A.
A judges' manual;
B.
Instruction sheets summarizing certain procedures; and
C.
The curriculum for training election judges.

Regulation .03 Development of Manual and Training Materials.Copy Citation

A.
Before issuing a judges' manual, the State Administrator shall:
(1)
Convene a committee composed of representatives of the local boards to provide comment and feedback on the draft manual; and
(2)
Consider the committee's comments and suggestions.
B.
Upon receiving the judges' manual and instruction sheets, each local board shall:
(1)
Customize the sections of the manual and instruction sheets designated for customization; and
(2)
Submit the customized manual and instruction sheets to the State Board of Elections for review and approval.
C.
The State Administrator shall:
(1)
Review each local boards' customized manual and instruction sheets;
(2)
Notify the local board of any required changes; and
(3)
Once any required changes have been made, approve the manual and instruction sheets.

Regulation .04 Use of Training Materials.Copy Citation

Each local board shall use the manual, instruction sheets, and curriculum approved by the State Administrator:
A.
For training its election judges; and
B.
As guidelines for conducting an election.

Regulation .05 Judges' Training Sessions.Copy Citation

A.
Delivery of Training Program.
(1)
Each election director shall prepare a training program for election judges.
(2)
The training program shall include training classes:
(a)
Before the primary and general elections in a presidential election year;
(b)
Before the primary election in a gubernatorial election year; and
(c)
If the State Administrator considers it necessary:
(i)
Before the general election in a gubernatorial election year; and
(ii)
Before a special primary or general election.
(3)
The election director shall hold as many training classes and hands-on practice sessions as needed to accommodate all of the election judges.
B.
Requirements for Training Program Completion.
(1)
Each election judge shall complete the required training program.
(2)
An election director may require an election judge to attend additional classes.
(3)
Unless appointed under emergency circumstances, an individual may not serve as an election judge unless the individual completes the required training program.
C.
Requirements for Training Compensation.
(1)
A local board shall pay at least $50 to an election judge who completes the training program, and serves as an election judge in the election for which the training was offered.
(2)
If the training program includes a training class that is offered through virtual instruction or online delivery and a hands-on practice session, the election judge shall complete the hands-on practice session to be entitled to compensation.
(3)
An election judge who is required to complete a training program prior to both a primary and general election is entitled to compensation for each training program, so long as the election judge serves as an election judge in the election for which the training was offered.

Chapter 04. Election Day Page Program

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Page” means a student selected by a local board participating in the program to assist the local board and election judges in performing duties in a polling place on election day.
(2)
“Program” means the election day page program.

Regulation .02 Purpose.Copy Citation

The purpose of the program is to provide assistance to election judges in the polling places on election day.

Regulation .03 Administrator to Develop and Issue.Copy Citation

The State Administrator shall develop and issue for local boards:
A.
A page’s training manual;
B.
Instruction sheets summarizing certain procedures relating to the program;
C.
The curriculum for training pages; and
D.
A combined oath and commission.

Regulation .04 Local Board Participation.Copy Citation

A.
Participation. A local board is not required to participate in the program.
B.
Notice of Participation. If a local board decides to participate in the program, the local board shall:
(1)
At least four months prior to election day, notify the State Administrator of its participation in the program; and
(2)
Except as provided in §C of this regulation, implement the page training program developed by the State Administrator under COMAR 33.02.04.03.
C.
Waiver. A local board may request from the State Administrator a waiver of a program requirement. The State Administrator shall respond to a request for a waiver within 5 days of receipt of the waiver.

Regulation .05 Program Requirements.Copy Citation

A.
Local Board Requirement. A local board participating in the program shall:
(1)
Ensure each page received the required training before election day;
(2)
Encourage individuals at least 16 years old who apply to the program to serve as an election judge in accordance with Election Law Article, §10-202, Annotated Code of Maryland;
(3)
Certify community service hours for those participants that complete their service;
(4)
Use the combined oath and commission required by Regulation .03 of this chapter; and
(5)
Remove any individual who is unfit or incompetent for the program, at the discretion of the local board, and the individual may not receive community service hours.
B.
Collaboration with School Boards. The local board:
(1)
Shall work with the local board of education to obtain appropriate access to the local schools and home-schooled programs to present the program;
(2)
Shall inform the local board of education that a student may obtain community service hours for participating in the program, and that any form used by the local board of education or local schools to certify community service hours should include space for the collection of the following information:
(a)
Name of page;
(b)
Signature of page’s parent or guardian;
(c)
Signature of local school administrator;
(d)
Number of hours worked;
(e)
Signature of a chief judge assigned to the same polling place as the page; and
(f)
Signature of Election Director or designee.
C.
Allow the State Administrator or designee and/or a representative from the local school system to observe the training program.

Regulation .06 Qualifications.Copy Citation

To qualify as a page, an individual shall:
A.
Apply to the local board in the individual’s county of residence;
B.
Be at least 14 years old by election day;
C.
Be able to speak, read, and write the English language;
D.
Be available to work at least one full 4-hour shift on election day;
E.
Complete the required training provided by the local board before election day;
F.
Take and subscribe to a written oath; and
G.
Be enrolled in a public, private, independent, or religious school or be home-schooled.

Regulation .07 Responsibilities.Copy Citation

A page:
A.
May work up to two 4-hour shifts at a polling place on election day;
B.
Shall serve under the direct supervision of the chief election judges for the assigned polling place; and
C.
Shall assist election judges with election day duties as directed.

Regulation .08 Prohibitions.Copy Citation

During service on election day, a page may not:
A.
Engage in any partisan activity while serving as a page at a polling place;
B.
Handle or touch a marked ballot or voting equipment at any time;
C.
Use electronic devices inside the polling room; or
D.
Work on election day unless the individual has completed the training provided by the local board.