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)