Chapter 01. Management Program
Regulation .01 Definitions.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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 annotations
Authority: Election Law Article, §§2-102(b)(4), 2-106, and 2-202(b)(10); State Government Article, Title 10, Subtitle 6; Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.08 adopted as an emergency provision effective February 1, 2000 (27:5 Md. R. 579): adopted permanently effective April 17, 2000 (27:7 Md. R. 709)
History: Regulation .04C adopted effective February 29, 2016 (43:4 Md. R. 333)
History: Regulation .05A 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)
History: Regulation .05A amended effective February 29, 2016 (43:4 Md. R. 333)
History: Regulation .08 amended effective February 29, 2016 (43:4 Md. R. 333)