Plain Text Law

Title 33 — Subtitle 03. Records Management

Chapter 01. Management Program

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Program” means the Election Records Management Program established under this chapter.
(2)
Record.
(a)
“Record” means any documentary material, in any form or format, including paper, microfilm, electronic, or any other medium, that is:
(i)
Created by the State Board or a local board; or
(ii)
Received by the State Board or a local board in connection with public business.
(b)
“Record” includes any numeric, graphic, textual, or cartographic information that is recorded on:
(i)
Magnetic media, such as tapes and disks (hard or floppy);
(ii)
Optical discs; or
(iii)
Any other machine-readable media.
(3)
“Records Division” means the Records Management Division of the Department of General Services.
(4)
“Retention schedule” means a records retention and disposal schedule established and approved under the Program and COMAR 14.18.02.

Regulation .02 Administrator to Establish.Copy Citation

The State Administrator shall establish and supervise an Election Records Management Program for the continual, economical, secure, and efficient management of all records of the State Board and local boards.

Regulation .03 Program Components.Copy Citation

The Program shall comprise procedures for, among other things, the:
A.
Storage and security of all records; and
B.
Preparation, approval, and implementation of record retention and disposal schedules that ensure the:
(1)
Retention of all records for the periods required by law or otherwise as needed for the operations of the boards; and
(2)
Orderly disposition of records no longer needed for the operations of the boards.

Regulation .04 Storage and Security.Copy Citation

A.
Minimum Standards. The Administrator's procedures shall establish minimum standards, consistent with law and these regulations, for the safe and secure storage of all records.
B.
Local Compliance.
(1)
Except as provided in §B(2) of this regulation, each local board shall comply with the minimum standards.
(2)
If local conditions prevent compliance with one or another of the minimum standards, an election director may apply to the State Administrator for a variance from that standard. The State Administrator may grant a variance, but only to the extent consistent with all requirements of law.
C.
Off-Site Storage. A local board may store records off site as long as the location meets the minimum standards.

Regulation .05 Retention and Disposition — Statewide Schedules.Copy Citation

A.
Administrator to Develop.
(1)
With the assistance of the Records Division and the State Archivist, the State Administrator shall prepare and obtain legal authorization to implement one or more Statewide retention schedules to govern the retention and disposition of all election-related records of the various boards.
(2)
These Statewide schedules shall encompass, among other records designated by the State Administrator:
(a)
Voted ballots;
(b)
Unvoted ballots;
(c)
Spoiled ballots;
(d)
Ballot stubs;
(e)
Voter authority cards;
(f)
Precinct registers;
(g)
Canvass sheets;
(h)
Certificates of candidacy;
(i)
Campaign finance reports;
(j)
Absentee ballot applications and envelopes;
(k)
Provisional ballot applications and envelopes;
(l)
Petitions for nomination;
(m)
Petitions for referendum;
(n)
Election judges’ forms, reports, and logs; and
(o)
Pre-election proofing, testing, and certification documents.
B.
Governing Law.
(1)
The Statewide schedules shall be developed and implemented in accordance with:
(a)
COMAR 14.18.02; and
(b)
COMAR 14.18.04.
(2)
Retention periods shall comply with all applicable federal laws, State laws, and this title.
C.
Local Compliance. Each local board shall comply with the Statewide retention schedules established under this regulation.

Regulation .06 Retention and Disposition — Local Schedules.Copy Citation

A.
Election Directors to Develop. With the assistance of the Records Division and the State Archivist, each election director shall prepare and obtain legal authorization to implement one or more supplemental retention schedules to govern the retention and disposition of all local records not encompassed by a Statewide retention schedule.
B.
Governing Law.
(1)
The local schedules shall be developed and implemented in accordance with:
(a)
COMAR 14.18.02; and
(b)
COMAR 14.18.04.
(2)
Retention periods shall comply with all applicable federal laws, State laws, and this title.
C.
Conflicts. To the extent that any local retention schedule conflicts with a Statewide retention schedule, the Statewide schedule prevails.

Regulation .07 Transfers to State Archives.Copy Citation

Whenever a local board transfers documents to the State Archives, the election director shall:
A.
Make a record that indicates the nature of the documents and identifies them for retrieval; and
B.
File a copy of the record with the State Board.

Regulation .08 Disposition of Unvoted Ballots.Copy Citation

The local board may destroy all unvoted ballots after ballot accounting has been completed and after the period for a recount or judicial challenge is complete.

Chapter 02. Copies of Registration Lists

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Cure list” means a list of all voters who returned a mail-in ballot, as of the date requested, but did not sign the oath document, for a single election.
(2)
“Early voting list” means a list of all individuals who, as of the date requested, voted during early voting for a single election.
(3)
Electoral Process.
(a)
“Electoral process” means the system established by the Maryland Constitution, Election Law Article, Annotated Code of Maryland, and regulations of the State Board, by which a person is elected to a public office or by which voters express a preference on a ballot question.
(b)
“Electoral process” includes, but is not limited to registering voters, forming political parties, qualifying as a candidate for public office, petitioning candidates or questions to the ballot, drafting and publishing ballot questions, conducting elections, casting ballots, canvassing ballots, recounting an election, and financing a campaign.
(4)
“Initial voter list” means a list of all individuals who, as of the date requested, meet the criteria requested by the individual requesting the list.
(5)
“Mail-in list” means a list of all registered voters who, as of the date requested, have requested a mail-in ballot for a single Statewide election.
(6)
“Permanent mail-in applicant list” means a list of all registered voters who, as of the date requested, have requested a mail-in ballot for all future Statewide elections.
(7)
“Provisional list” means a list of all individuals who, as of the date requested, cast a provisional ballot for a single election.
(8)
“Supplemental voter list” means a list of all individuals who, from the date of an initial voter list through a later requested date, meet the criteria requested by the individual requesting the list.
(9)
“Voter registration list” means:
(a)
A cure list;
(b)
An early voting list;
(c)
An initial registered voter list;
(d)
A mail-in list;
(e)
A permanent mail-in list;
(f)
A provisional list;
(g)
A supplemental registered voter list; or
(h)
Any other list of voters requested and approved by the State Administrator.

Regulation .02 Scope.Copy Citation

This chapter governs the procedures for obtaining copies of voter registration lists under Election Law Article, §3-506, Annotated Code of Maryland.

Regulation .03 Applications—General.Copy Citation

A.
Application Form. The application shall be made in writing or electronically, in the form required by the State Administrator.
B.
Options. The application form shall provide a listing of:
(1)
Medium options available;
(2)
Information options available;
(3)
The sorting options available; and
(4)
The scope of options available by:
(a)
Area, for example, full county, less than full county, legislative district, congressional district, municipality; and
(b)
Voters, for example, all, one party only, inactive.

Regulation .04 Applications—Required Affidavit.Copy Citation

A.
The application shall contain an affidavit, signed by the applicant, in substantially the following form:
B.
If the applicant submits the application online, the applicant shall use one of the following as the applicant’s electronic signature:
(1)
Applicant’s driver’s license number; or
(2)
Applicant’s last four digits of the applicant’s Social Security number.

Regulation .05 Time for Applying, Responding.Copy Citation

A.
In General. Except as otherwise provided in this regulation:
(1)
An application for a voter registration list may be made at any time of the year; and
(2)
The State Administrator or election director, as the case may be, shall prepare the requested list within 10 business days of receiving the application and any required deposit or prepayment.
B.
Preelection Requests — Deadline for Requesting.
(1)
Before any election, neither the State Administrator nor any election director may process an application for a voter registration list unless the application was filed at least 21 days before the election.
(2)
If an application is received after that date, the election director shall notify the applicant that the application was not timely and return any payment that accompanied the application.
(3)
Applications for cure lists and provisional lists must be received before the close of registration, but will be provided after the election for which it was requested and outside the 10 business day requirement of §A(2) of this regulation.
C.
Preelection Requests — New Registrations.
(1)
If an applicant desires registration information that is current through the registration deadline for the upcoming election, the application shall specify whether the applicant would like that information in:
(a)
One voter registration list prepared after the registration deadline; or
(b)
An initial voter list prepared earlier, followed by a supplemental voter list prepared after the registration deadline.
(2)
Voter registration lists requested under §C(1)(a) of this regulation and supplemental voter lists requested under §C(1)(b) of this regulation shall be prepared within 10 days after the registration deadline.
(3)
Applications for cure lists and provisional lists must be received before the close of registration, but will be provided after the election for which it was requested and outside the 10 business day requirement of §A(2) of this regulation.

Regulation .06 Fees.Copy Citation

A.
By Whom Set. Reasonable fees for preparing voter registration lists shall be set by the State Administrator.
B.
Deposit or Prepayment. The State Administrator or election director, as the case may be, may require that an application be accompanied by a deposit or prepayment of all or part of the charges imposed for producing the list requested.
C.
Waiver or Reduction. On an applicant's request, the State Administrator or election director, as the case may be, may waive or reduce any fee imposed under this chapter if, after considering the applicant's ability to pay and other relevant factors, the custodian determines that the waiver or reduction is in the public interest.