This chapter sets out the procedures for the filing of requests with a board for the inspection and copying of records under the Act. It is the policy of the State Board to facilitate access to public records by minimizing costs and time delays to persons requesting information. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland. “Applicant” means a person who asks to inspect a public record. “Board office” means the office of the State Board or of a local board. “Custodian” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland. “Official custodian” means the following individual, whether or not that individual has physical custody and control of the record: For records of the State Board, the State Administrator; and For records of a local board, the election director of that board. “Personal identification number” means: The Motor Vehicle Administration (MVA) identification number of an individual having a Maryland driver's license or an MVA identification card; The date the MVA issued a Maryland driver’s license or an MVA identification card; An individual's full, nine-digit Social Security number; or The last four digits of an individual’s Social Security number. “Public record” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland. “Sociological information” means: Date of birth; Driver’s license number; Information regarding citizenship status; Information regarding gender; Personal phone number; Personal email address; Social security number; Voter identification number; and Polling place assistance status.. Who May Request. Any person may request to inspect or copy a public record that is in the custody and control of the State Board or a local board. Time of Inspection. An applicant may inspect a public record during the hours of 9 a.m. to 4 p.m. on any day the office is open except: On an election day; On a candidate filing deadline day; or When the State Administrator determines that public inspections are not feasible. Place of Inspection. The inspection shall take place where the document is located, unless the custodian determines that another place is more suitable and convenient. In General. Except as specified in Regulation .05 of this chapter, a custodian shall make public records available for inspection without requiring a written request. Log of Persons Inspecting. Each office shall maintain a “Log of Persons Inspecting Board Records”, in a form approved by the State Administrator. When an applicant appears at the office to inspect any records, the custodian shall require the applicant to: Identify himself or herself; Enter into the log: His or her name; His or her address and telephone number; Organization represented, if any; and A brief description of the records being inspected; and Sign the log entry. In General. A written request is required whenever the custodian reasonably believes that: The Act or any other law or regulation might require or authorize the custodian to deny inspection of the record or of specific information in the record; or A written request will materially assist the office in responding to the request. For Copies. The custodian may require a written request if the applicant is requesting a copy of a public record. Contents of Written Request. A written request shall: Reasonably identify by brief description the record sought; Contain the applicant's name, address, telephone number, and organization represented; and Be signed by the applicant. The applicant shall address a written request for a record of the board to the custodian of the record. In General. Within the time limits and in the manner prescribed by the Act, a custodian shall: Respond in writing to a written request; If he or she is not the custodian of the requested records, so notify the applicant as provided in General Provisions Article, §4-202(c), Annotated Code of Maryland; and If he or she is the custodian of the requested records: Grant the application, in whole or in part, in accordance with General Provisions Article, §§4-203 and 4-205, Annotated Code of Maryland; Deny the application, in whole or in part, as required or authorized by General Provisions Article, Subtitle 3, Annotated Code of Maryland, and this subtitle, in accordance with General Provisions Article, §4-203, Annotated Code of Maryland; or If the official custodian believes that inspection would cause substantial injury to the public interest, deny inspection temporarily and seek court approval in accordance with General Provisions Article, §4-358, Annotated Code of Maryland. Sociological Information. Except for use in carrying out a custodian's governmental functions, a custodian may not disclose under the Act, and shall deny a request for inspection or copying of, any part of a public record that contains sociological information relating to an individual. A custodian may disclose sociological information: To the person in interest or the agent or representative of the person in interest; Pursuant to a duly issued subpoena; Pursuant to a court order; or If disclosure is otherwise required by law. Entry Into Log. On disposition of a written request, the custodian shall record in the log maintained under Regulation .04 of this chapter the: Information required by that regulation; and Disposition of the request. A personal identification number is not subject to public disclosure and may be used only for voter registration purposes. Notice. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made. Consideration of Views. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant. However, the custodian may not deny disclosure except as authorized and for the reasons given in the Act or this subtitle. Right to Review. Except for a temporary denial under General Provisions Article, §4-358, Annotated Code of Maryland, if a written request is denied by the custodian, the applicant may: Within 30 days after receiving notice of the denial, request an administrative hearing under General Provisions Article, §4-1B-04, Annotated Code of Maryland; or File an action in circuit court under General Provisions Article, §4-362, Annotated Code of Maryland. Conduct of Administrative Hearing. If the applicant requests an administrative hearing, the board shall: Provide the hearing promptly; and Conduct the hearing as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 33.04.02. In General. Except as provided in §A(2) of this regulation, the fee schedule for all board offices is as provided in this regulation. If the fee for a copy, printout, photograph, or certification of any record is specified by law, the specified fee governs over the fees in this regulation. Search and Preparation Time. Except as provided in §B(2) of this regulation, the official custodian may charge a reasonable fee for time spent: Searching for requested records; and Preparing records for inspection and copying. The official custodian may not charge a fee for the first 2 hours needed to search for a record and prepare it for inspection. Photocopying. If the applicant does the copying on an office machine, the charge is not more than 25 cents a page. If an office employee does the copying on an office machine, the charge is 25 cents a page, plus $8 an hour for any copying that requires more than 10 minutes of the employee's time. Other Reproductions. When records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the charge for reproducing the record will be at actual cost, determined on a case-by-case basis. If the applicant receives a copy of records on a diskette, the charge is $2 per diskette. If the custodian is unable to copy a record within the office, the custodian shall make arrangements for the prompt reproduction of the record at other public or private facilities. The charge for reproducing the record will be at actual cost, determined on a case-by-case basis. Certification of Copies. For certifying a record as being a true copy of the original, the fee is $1 for each certification. Cost Estimates. Before reproducing a record, the custodian shall estimate the cost of reproducing it and obtain the applicant's agreement to pay this cost. The custodian may require the applicant to prepay the estimated cost by certified check or cash. Waiver or Reduction. On an applicant's request, the custodian 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. Returned Checks. The fee for a check returned by a bank for any reason is the cost of the fee charged by the bank to the local board. : Election Law Article, §§2-102(b)(4), 2-202(b), 3-204.1, and 3-506(a)(2); General Provisions Article, §§4-201(b), 4-206, 4-301, and 4-330; Annotated Code of Maryland Effective date: Regulations .01—.10 adopted as an emergency provision effective February 1, 2000 (27:5 Md. R. 580); adopted permanently effective April 17, 2000 (27:7 Md. R. 708) Regulation .02B amended effective November 24, 2003 (30:23 Md. R. 1654); September 16, 2013 (40:18 Md. R. 1479); December 23, 2013 (40:25 Md. R. 2073); February 29, 2016 (43:4 Md. R. 334); January 6, 2025 (51:26 Md. R. 1187) Regulation .07 amended effective January 6, 2025 (51:26 Md. R. 1187) Regulation .07A amended effective February 29, 2016 (43:4 Md. R. 334) Regulation .07-1 adopted effective November 24, 2003 (30:23 Md. R. 1654) Regulation .09A amended effective February 29, 2016 (43:4 Md. R. 334) Regulation .10H amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718) Purpose. This chapter sets out the procedures for when and how residence addresses, telephone numbers, and email addresses, as contained in registration records, campaign finance reports, certificates of candidacy, or statements of organization to form a campaign finance entity may be designated as confidential and precluded from disclosure under State Public Information Act, State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, or COMAR 33.04.03. Definitions. In this chapter, the following terms have the meanings indicated. Terms. Defined. “Domestic violence” has the same meaning as “abuse” under Family Law Article, §4-501, Annotated Code of Maryland. “Harassment” means a violation of Criminal Law Article, §3-803, Annotated Code of Maryland. “Sexual assault” means: A sexual crime under Criminal Law Article, §§3-303—3-310, 3-314, 3-315, or 3-322—3-325, Annotated Code of Maryland; The sexual abuse of a minor under Criminal Law Article, §3-602, Annotated Code of Maryland; or The sexual abuse of a vulnerable adult under Criminal Law Article §3-604, Annotated Code of Maryland. “Stalking” has the meaning stated in Criminal Law Article, §3-802, Annotated Code of Maryland. “Survivor of human trafficking” means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion. In General. The categories of individuals who may request to have their residence addresses, telephone numbers, and email addresses designated as confidential are as provided in this regulation. Law Enforcement Personnel. Subject to proof of employment (for example, letter from employer), the following current or former law enforcement personnel may request confidentiality: Police officers; Correctional employees with frequent inmate contact; Members of the State or federal judiciary; and Prosecutors and investigators employed by prosecutors. Persons Being Threatened. Subject to proof of a threat to their personal safety, the following individuals may request confidentiality: Survivors of threatened, attempted, or actual: Domestic violence; Sexual assault; Stalking; Harassment; or Human trafficking; “Stalked” individuals; and Others whose personal safety has been threatened by unidentified persons. Victim of or Witness to Felony. Subject to appropriate documentation satisfactory to the local board, an individual may request confidentiality if the individual is a victim of or a witness to a felony or a delinquent act that, if committed by an adult, would be a felony. The State may request confidentiality on behalf of a victim of or a witness to a felony or a delinquent act that, if committed by an adult, would be a felony. Participants in Address Confidentiality Programs. Subject to notification to the State or a local board of participation in the program described in Courts and Judicial Proceedings Article, §3-2403, Annotated Code of Maryland, or the program described in State Government Article, §7-303, Annotated Code of Maryland, an individual’s information shall be designated as confidential. Others. Subject to appropriate documentation satisfactory to the local board, an individual may request confidentiality on the grounds that the disclosure of the individual's residence address, telephone number, or email address: Poses a threat to the individual's safety; or Is likely to lead to an unwarranted and serious invasion of privacy. The following individuals may apply to participate in the Program: An individual acting on the individual’s own behalf; A parent or guardian acting on behalf of a minor who resides with the parent or guardian; A guardian acting on behalf of a disabled person; or An individual who resides in the same household as an eligible applicant or Program participant. Form. A person seeking to keep the person's residence address, telephone number, and email address of a record confidential shall apply in writing on a form approved by the State Administrator. The form shall be filed: At the appropriate local board if the applicant wishes to keep the applicant's residence address, telephone number, and email address provided on a voter registration application confidential; or At the State or local board at which the applicant filed the certificate of candidacy or statement of organization if the applicant wishes to keep the applicant's residence address, telephone number, or email address provided on a certificate of candidacy or statement of organization confidential. A person seeking confidentiality need not complete the form if: A person is a participant in the program described in Courts and Judicial Proceedings Article, §3-2403, Annotated Code of Maryland, and the Administrative Office of the Courts notifies the State Board; or A person is a participant in the program described in State Government Article, §7-303, Annotated Code of Maryland, and the Secretary of State notifies the State Board. Contents. In the application, the applicant shall: Explain the basis for the request; Attach any documentation in support of the request, which may include: Proof of employment; Certified law enforcement, court, or other federal or State agency records or files; Documentation from a domestic violence, sexual assault, or human trafficking prevention or assistance program; Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; or A statement from the applicant about the applicant’s subjective fear; Acknowledge that, notwithstanding approval of the request for confidentiality, the information will be made available: To the jury commissioner; To other public officials as required by law; or Otherwise as may be required by subpoena or other court order; Waive any right of action against the State, the county, the State Board, the local board, or their employees for failing to keep the information confidential; and Swear or affirm, under the penalties of perjury, that the information in and accompanying the request is true. Discretion Required. Except as provided in §§A(2) and (3) of this regulation, the appropriate board shall determine, in its discretion, whether to grant a request for confidentiality. The appropriate board shall automatically grant a request made by the State on behalf of a victim or witness under Regulation .02D(2) of this chapter. Exceptions to Discretion. Board review shall not be required to designate as confidential the identifying information of the following: Participants in the program described in Courts and Judicial Proceedings Article, §3-2403, Annotated Code of Maryland; or Participants in the program described in State Government Article, §7-303 Annotated Code of Maryland. Verification. The appropriate board shall: Consider the explanation provided; Review the documentation submitted; and Verify to the extent possible the veracity of the explanation. This verification may include: Requiring the applicant to appear in person; and Contacting an employer, the police, a court clerk, or social service agency. Any hearing held to consider a request for confidentiality shall be closed to the public. Confidentiality Pending Decision. Pending a decision on the application, the appropriate board shall take steps to assure that the records are not revealed to the public. If a request is made for access to a record for which an application for confidentiality has been made under this chapter, the appropriate board shall complete the application review process before granting or denying the request. In order to comply with deadlines under the Act, this application shall be: Given priority over all others pending under this chapter; and Acted on as promptly as possible. Requirement. Each appropriate board shall adopt procedures and methods for ensuring that confidential records are not revealed to the public. Protective Measures. Protective measures include: Maintaining the record in a separate, locked location; or Requiring a password for computer access to the record. If a voter who is designated as confidential moves to another county in the State: The election director in the voter's new county shall notify the election director in the voter's prior county and request that the confidential request and other documentation concerning the request be forwarded to the election director; and The election director in the voter's prior county shall compile and send the documentation in a manner that preserves the voter's confidentiality. Disclosure to Jury Commissioner, etc. When providing confidential records to the jury commissioner or otherwise as required by law, the election director shall identify them accordingly. Periodic Review. The appropriate board shall review all records designated as confidential under this chapter on a regular basis, at least once before each Statewide primary election. Review on Request for Access. If a request is made for access to a record designated as confidential under this chapter, the appropriate board shall review the confidentiality designation before denying the request. Scope of Review. In this review, the appropriate board shall: Verify the confidential home address and telephone number; and Request confirmation of the continuing need for confidentiality. The provisions of this regulation shall not apply to designations of confidentiality for participants in the program described in Courts and Judicial Proceedings Article, §3-2403, Annotated Code of Maryland. In General. If, as the result of a review or for any other reason, the appropriate board decides to revoke a designation of confidentiality, the appropriate board shall give the registered voter or candidate an opportunity to: Address the appropriate board; or Rescind his or her registration or candidacy. Rescission of Registration. If the individual rescinds his or her registration or candidacy, the information shall be kept permanently confidential. Election Law Article, §§2-102(b)(4) and 3-506(a)(2); General Provisions Article, §4-201(b) and 4-301(a)(2)(i); State Government Article, §§7-309 and 7-310; Annotated Code of Maryland Effective date: Regulations .01—.07 adopted as an emergency provision effective February 1, 2000 (27:5 Md. R. 580); adopted permanently effective April 17, 2000 (27:7 Md. R. 708) Regulation .01 amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718) Regulation .01 amended effective June 25, 2012 (39:12 Md. R. 746); October 29, 2012 (39:21 Md. R. 1381); January 6, 2025 (51:26 Md. R. 1187) Regulation .02 amended effective March 2, 2026 (53:4 Md. R. 186) Regulation .02A, E amended effective June 25, 2012 (39:12 Md. R. 746) Regulation .02C amended effective January 6, 2025 (51:26 Md. R. 1187) Regulation .02D, E amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1867) Regulation .03 amended effective January 6, 2025 (51:26 Md. R. 1187) Regulation .03A amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1867) Regulation .03A amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718) Regulation .03A amended effective June 25, 2012 (39:12 Md. R. 746) Regulation .03B amended effective March 2, 2026 (53:4 Md. R 186) Regulation .04 amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1867) Regulation .04 amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718) Regulation .04A amended effective March 2, 2026 (53:4 Md. R 186) Regulation .05 amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718) Regulation .05A amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1867) Regulation .06 amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1867) Regulation .06 amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718) Regulation .06D adopted effective March 2, 2026 (53:4 Md. R 186) Regulation .07A amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1867) Regulation .07A amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718) An inmate of a correctional facility has the same right of access to public information as any other individual. In some cases, however, revealing to an inmate the residence address, telephone number, or email address contained on a voter registration application, certificate of candidacy, or statement of organization to form a campaign finance entity could pose a threat to the safety of the registered voter or candidate. Accordingly, special scrutiny must be given to any request that originates from a correctional facility. This chapter sets out the procedures to be followed in these cases. List of State Correctional Facilities. The State Administrator shall prepare, update from time to time as needed, and distribute to all local boards a list of the names and mailing addresses of State and local correctional facilities in the State. Return Address to Be Checked Against List. When any request for voter registration information is received, the election director shall check the return address against the most recent list of State and local correctional facilities. Assumption. If the return address is that of a State or local correctional facility and the request fails to contain information confirming otherwise, the election director shall assume that the requester is an inmate. Notice Required. If the requester is an inmate or assumed to be an inmate, notice shall be sent under COMAR 33.04.01.08 to the individual whose information is requested. Contents of Notice. The notice shall: Inform the individual of the request; Identify the inmate making the request and, if known, the correctional facility where the inmate is incarcerated; Enclose the form for requesting confidentiality under COMAR 33.04.02; Inform the individual that the information will be released unless: The completed form is returned to the board within 10 days of the notice; and On review, the request for confidentiality is granted. In General. On receipt of a completed form requesting confidentiality, the appropriate board shall consider and act on the request as provided in COMAR 33.04.02.04. Priority Review. In order to comply with deadlines under the Act, a request received under this chapter shall be: Given priority over those pending under COMAR 33.04.01.07; and Acted on as promptly as possible. Grant of Request. If the request for confidentiality is granted, the election director shall: Notify the registered voter or candidate of that fact; and Respond to the inmate as provided in COMAR 33.04.01.07A(3)(b). Denial of Request. If the request for confidentiality is denied, the election director shall: Promptly notify the registered voter or candidate that the information will be released; and Respond to the inmate as provided in COMAR 33.04.01.07A(3)(a). Election Law Article, §§2-102(b)(4) and 3-506(a)(2); State Government Article, §§10-613(b) and 10-615(2)(i); Annotated Code of Maryland Effective date: Regulations .01—.05 adopted as an emergency provision effective February 1, 2000 (27:5 Md. R. 580); adopted permanently effective April 17, 2000 (27:7 Md. R. 708) Regulation .01 amended effective May 31, 2010 (37:11 Md. R. 767); June 25, 2012 (39:12 Md. R. 746) Regulation .04A amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718)