# COMAR Title 33 — State Board of Elections

## Subtitle 04 — Inspection and Copying of Public Records

### Chapter 03 — Requests From Correctional Facilities

**Authority:** 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

**Administrative History:** Effective date:

**Administrative History:** 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)

**Administrative History:** Regulation .01 amended effective May 31, 2010 (37:11 Md. R. 767); June 25, 2012 (39:12 Md. R. 746)

**Administrative History:** 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)

#### Regulation .01 Purpose.

*COMAR 33.04.03.01*

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.

#### Regulation .02 Determining Inmate Status.

*COMAR 33.04.03.02*

A. 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.

B. 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.

C. 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.

#### Regulation .03 Notice to Subject.

*COMAR 33.04.03.03*

A. 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.

B. Contents of Notice. The notice shall:

  (1) Inform the individual of the request;

  (2) Identify the inmate making the request and, if known, the correctional facility where the inmate is incarcerated;

  (3) Enclose the form for requesting confidentiality under COMAR 33.04.02;

  (4) Inform the individual that the information will be released unless:

    (a) The completed form is returned to the board within 10 days of the notice; and

    (b) On review, the request for confidentiality is granted.

#### Regulation .04 Consideration of Confidentiality Request.

*COMAR 33.04.03.04*

A. 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.

B. Priority Review. In order to comply with deadlines under the Act, a request received under this chapter shall be:

  (1) Given priority over those pending under COMAR 33.04.01.07; and

  (2) Acted on as promptly as possible.

#### Regulation .05 Decision on Confidentiality Request.

*COMAR 33.04.03.05*

A. Grant of Request. If the request for confidentiality is granted, the election director shall:

  (1) Notify the registered voter or candidate of that fact; and

  (2) Respond to the inmate as provided in COMAR 33.04.01.07A(3)(b).

B. Denial of Request. If the request for confidentiality is denied, the election director shall:

  (1) Promptly notify the registered voter or candidate that the information will be released; and

  (2) Respond to the inmate as provided in COMAR 33.04.01.07A(3)(a).