# COMAR Title 33 — State Board of Elections

## Subtitle 02 — Meetings and Training

### Chapter 01 — Open Meetings

**Authority:** Election Law Article, §§2-102(b)(4) and 2-202(b); State Government Article, §10-507(b); Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:5 Md. R. 579); adopted permanently effective April 17, 2000 (27:7 Md. R. 707)

**Administrative History:** Regulation .02 amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1717)

#### Regulation .01 Board Defined; Application to Local Boards.

*COMAR 33.02.01.01*

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.

*COMAR 33.02.01.02*

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.

*COMAR 33.02.01.03*

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.

*COMAR 33.02.01.04*

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.

*COMAR 33.02.01.05*

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.

*COMAR 33.02.01.06*

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.