# COMAR Title 33 — State Board of Elections

## Subtitle 05 — Voter Registration

### Chapter 01 — Definitions; General Provisions

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 3-202.1, and 3-204.1, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.03 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)

**Administrative History:** Regulation .02B amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .02B amended effective November 24, 2003 (30:23 Md. R. 1654); May 31, 2010 (37:11 Md. R. 767); September 16, 2013 (40:18 Md. R. 1480); December 13, 2021 (48:25 Md. R. 1081)

**Administrative History:** Regulation .04 adopted effective September 29, 2025 (52:19 Md. R. 957)

#### Regulation .01 Scope of Subtitle.

*COMAR 33.05.01.01*

The procedures in this subtitle apply to all voter registration conducted under Election Law Article, Title 3, Annotated Code of Maryland, for federal, State, and local elections.

#### Regulation .02 Definitions.

*COMAR 33.05.01.02*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Absent uniformed services voter” has the meaning stated in 42 U.S.C. §1973ff-6.

  (2) “Common access card” has the meaning stated in Election Law Article, §3-202.1, Annotated Code of Maryland.

  (3) “Confirmation notice” means the notice by which an applicant or registered voter may confirm or correct address information.

  (4) “Declination form” means the form to be used by an applicant who declines to register to vote.

  (5) “Electronic transmission” means transmission by:

    (a) Email; or

    (b) Facsimile.

  (6) “Federal post card application” has the meaning stated in Election Law Article, §3-202.1, Annotated Code of Maryland.

  (7) “Federal voter registration application (FVRA)” means an application form for voter registration that is produced by the:

    (a) U.S. Election Assistance Commission, in the case of a national form to register to vote; or

    (b) Federal Voter Assistance Program, in the case of a Federal Postcard Application.

  (8) “Motor vehicle voter registration application (MVRA)” means the voter registration application that the State Board has approved for use by the MVA.

  (9) “MVA” means the Motor Vehicle Administration.

  (10) “Online voter registration system” means the State Board’s online system that allows an individual to electronically:

    (a) Apply to become a registered voter; or

    (b) Change the individual’s name, address, or party affiliation in the individuals’ existing voter registration record.

  (11) “Overseas voter” has the meaning stated in 42 U.S.C. §1973ff-6.

  (12) Statewide Voter Registration Application.

    (a) “Statewide voter registration application (Statewide VRA)” means the voter registration application that the State Board has prescribed for Statewide use.

    (b) The Statewide VRA may be a paper form or an online submission using the State Board’s online voter registration system.

  (13) “Uniformed services” has the meaning stated in 42 U.S.C. §1973ff-6.

  (14) “Voter notification card (VNC)” means the form used to notify:

    (a) An applicant that the applicant's registration has been accepted; or

    (b) A registered voter of any change in that voter's record.

  (15) “Voter registration agency” means an agency designated in COMAR 33.05.03.02 as a voter registration agency.

  (16) “Voter registration application (VRA)” means:

    (a) The Statewide voter registration application;

    (b) The motor vehicle voter registration application; or

    (c) A federal voter registration application.

#### Regulation .03 General Registration Requirements of Election Law Article, Annotated Code of Maryland.

*COMAR 33.05.01.03*

The general registration requirements of Election Law Article, Annotated Code of Maryland, apply to all registration programs, except as supplemented or modified by this subtitle.

#### Regulation .04 Voter Registration Security — Background Check Required.

*COMAR 33.05.01.04*

A. All employees or contractors who electronically access the Statewide voter registration list must undergo a criminal background check.

B. The local board may accept a criminal background check performed within 6 months prior to hire if conducted by the State Board or another local board, if the provider verifies and documents its authenticity.

### Chapter 02 — Voter Registration Applications

**Authority:** Election Law Article, 2-102(b)(4), 2-202(b), 3-101, 3-102, 3-202, and 3-204.1, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)

**Administrative History:** Regulations .01—.05 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Chapter revised effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .01A amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .02A amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .02A, B amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); amended permanently effective August 14, 2006 (33:16 Md. R. 1366)

**Administrative History:** Regulation .05 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Chapter revised effective September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .02 amended January 6, 2025 (51:26 Md. R. 1187)

**Administrative History:** Regulation .03C amended effective December 23, 2013 (40:25 Md. R. 2073)

#### Regulation .01 State Board to Prescribe or Approve.

*COMAR 33.05.02.01*

A. Board-Prescribed Forms. The following may be used for voter registration only in the form prescribed by the State Board:

  (1) Statewide voter registration application;

  (2) Voter notification card;

  (3) Potential felony notice; and

  (4) Confirmation notice.

B. Board-Approved Forms.

  (1) Except as provided in §B(3) of this regulation, all forms must be approved by the State Board before they may be used for voter registration.

  (2) These forms include a:

    (a) Motor vehicle voter registration application to be used by the MVA; and

    (b) Declination form to be used by voter registration agencies.

  (3) This section does not apply to federal voter registration applications.

#### Regulation .02 Statewide VRA — Contents.

*COMAR 33.05.02.02*

A. Required Contents. Every paper Statewide VRA shall:

  (1) Contain adequate spaces for entering the information required by COMAR 33.05.04.03A;

  (2) State the penalties for the submission of a false application;

  (3) Require the signature of the applicant, subject to the penalties of perjury, by which the applicant swears or affirms that the:

    (a) Information contained in the registration application is true to the best of the applicant's knowledge, information, and belief; and

    (b) Applicant meets all the qualifications to become a registered voter;

  (4) Include the following questions, with boxes for the applicant to check yes or no, and the following statement:

    (a) Are you a U.S. citizen?;

    (b) Are you at least 16 years old?; and

    (c) If you checked “no” in response to either question, do not complete this form;

  (5) Contain a space for the applicant to designate party affiliation, together with information on the effect that a designation will have on the ability to vote in primary elections;

  (6) Contain a space for the applicant's personal identification number, which is:

    (a) If the applicant has a current and valid Maryland driver's license or MVA identification card, the MVA identification number; or

    (b) If the applicant does not have a current and valid Maryland driver's license or MVA identification card, at least the last four digits of the applicant's Social Security number;

  (7) Contain a box for the applicant to check if the applicant does not have a personal identification number as specified in §A(7) of this regulation.

B. Required Notification. The following information shall be made available to each applicant who is completing a paper Statewide VRA:

  (1) The qualifications to become a registered voter;

  (2) A statement that if an individual declines to register, this fact will remain confidential and be used only for voter registration purposes;

  (3) A statement that if an individual registers to vote, the office at which the application is submitted will remain confidential and will be used only for voter registration purposes;

  (4) A statement that providing the last 4 digits of the applicant’s Social Security number is required if the applicant does not have a driver’s license, a citation to the statutory authority permitting the State to ask for the last four digits of the Social Security number, and a statement that the last 4 digits of the Social Security number will be used only for registration and other administrative purposes and will otherwise be kept confidential;

  (5) A statement that, except for an applicant's full Social Security number or MVA identification number, voter registration records are generally available for public inspection and may be shared with jury commissioners, clerks, or other government agencies as provided by law, and that use of voter registration lists for commercial solicitation purposes is prohibited; and

  (6) A statement that submitting the Statewide VRA to an individual other than an official, employee, or agent of a local board does not assure that the form will be filed or filed timely.

C. Prohibited Matters. A Statewide VRA may not require:

  (1) Notarization or other formal authentication; or

  (2) Any additional information, other than the information necessary to enable election officials to:

    (a) Determine the eligibility of the applicant; and

    (b) Administer voter registration and other parts of the election process.

#### Regulation .03 Online Submission of the Statewide VRA — Contents.

*COMAR 33.05.02.03*

A. Authentication.

  (1) The online voter registration system shall authenticate each applicant.

  (2) Except as provided in §A(3) of this regulation, each applicant shall enter:

    (a) The applicant’s Maryland driver’s license or MVA identification card number;

    (b) The date the applicant’s driver’s license or identification card was issued; and

    (c) The last four digits of the applicant’s Social Security number.

  (3) If an applicant is an absent uniformed services voter or an overseas voter who does not have a Maryland driver’s license or MVA identification card number, the applicant shall enter the last four digits of the applicant’s Social Security number.

  (4) The online voter registration system shall immediately verify the information required in §A(2) of this regulation with information on file with MVA.

    (a) If the MVA verifies the information, the applicant may submit the Statewide VRA via the online voter registration system.

    (b) If the MVA cannot verify the information, the applicant shall submit the paper Statewide VRA.

B. Required Contents. The State Board’s online voter registration system shall:

  (1) Include fields for the applicant to:

    (a) Enter the information required by COMAR 33.05.04.03A;

    (b) Designate a party affiliation;

    (c) If the applicant has a current and valid Maryland driver's license or MVA identification card, provide the MVA identification number and the date MVA issued the current license or identification card; and

    (d) Provide the last four digits of the applicant's Social Security number.

  (2) State the effect that a party affiliation designation will have on the ability to vote in primary elections;

  (3) State the penalties for the submission of a false application;

  (4) Require the applicant to affirmatively consent to use, as the applicant’s signature for the Statewide VRA:

    (a) The electronic copy of the applicant’s signature that is on file with MVA; or

    (b) If the applicant is an absent uniformed services voter or an overseas voter who does not have a Maryland driver’s license or MVA identification card number, the applicant’s last four digits of the applicant’s Social Security number.

  (5) Require the applicant to swear or affirm, subject to the penalties of perjury, that the:

    (a) Information entered by the applicant is true to the best of the applicant's knowledge, information, and belief; and

    (b) Applicant meets all the qualifications to become a registered voter.

C. Required Notification. The online voter registration system shall include a link to:

  (1) The qualifications to become a registered voter; and

  (2) A statement that, except for an applicant's MVA identification number, the date the MVA identification number was issued, and Social Security number, voter registration records are generally available for public inspection and may be shared with jury commissioners, clerks, or other government agencies as provided by law, and that use of voter registration lists for commercial solicitation purposes is prohibited.

D. Prohibited Matters. The online submission of the Statewide VRA may not require:

  (1) Notarization or other formal authentication; or

  (2) Any additional information, other than the information necessary to enable election officials to:

    (a) Determine the eligibility of the applicant; and

    (b) Administer voter registration and other parts of the election process.

#### Regulation .04 Paper Version of the Statewide VRA — Production and Cost.

*COMAR 33.05.02.04*

A. In General. The State Board shall design and produce the paper Statewide VRA.

B. Costs. The State Board shall bear the expense of producing all Statewide VRA forms.

C. Translation. The State Board shall coordinate and bear the cost of translating the Statewide VRA into any non-English language, as required of the State Board or a local board under the Voting Rights Act.

#### Regulation .05 MVRA.

*COMAR 33.05.02.05*

A. Contents. The MVRA shall contain:

  (1) Substantially the same information as the Statewide VRA; and

  (2) A box stating “I do not wish to register to vote at this time.”

B. Production and Cost. The MVA shall bear the expense of producing the MVRA.

C. The State Board shall provide language for any application related to voter registration before MVA may use or distribute the application.

#### Regulation .06 Disposition of VRAs and Related Information.

*COMAR 33.05.02.06*

A. In General. All VRAs and all voter registration related documents, including duplicate applications, received by a local board shall be scanned into the Statewide voter registration system.

B. Personal Identification Information. If a copy of any personal identification information is submitted under COMAR 33.07.06 or COMAR 33.11.02.07, the copy shall be scanned into the Statewide voter registration system.

C. Document Retention. All documents scanned into the Statewide voter registration system shall be retained in accordance with the State Board's Record Retention and Disposal Schedule.

D. Ensuring Accuracy. To help ensure the accuracy and currency of the Statewide voter registration system, a local board shall:

  (1) Perform quality assurance audits and reviews as directed by the State Administrator;

  (2) Maintain conviction and sentencing information received with respect to disqualifying crimes committed by registered voters or voter registration applicants; and

  (3) Maintain information received directly or indirectly from official death records.

### Chapter 03 — Dissemination of VRA Forms

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 3-203, 3-204, and 3-204.1, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.07 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)

**Administrative History:** Regulation .01B amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .01B amended effective May 31, 2010 (37:11 Md. R. 767); September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .02 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .02A, B amended effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .02C amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .03 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .03A amended effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .03B amended effective May 31, 2010 (37:11 Md. R. 767); September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .03C amended effective November 24, 2003 (30:23 Md. R. 1654); May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .06 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .06B, E amended effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .06B amended as an emergency provision effective October 11, 2005 (33:2 Md. R. 82); amended permanently effective February 13, 2006 (33:3 Md. R. 244)

**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .07 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .07B amended effective November 24, 2003 (30:23 Md. R. 1654)

#### Regulation .01 Responsibilities of Election Officials.

*COMAR 33.05.03.01*

A. In General. The requirements and procedures in this regulation shall be followed to provide the fullest opportunity for qualified citizens to receive Statewide VRAs and FVRAs and to apply for voter registration.

B. Services to Be Provided.

  (1) Each local board office shall:

    (a) Have both Statewide VRAs and FVRAs available during normal office hours;

    (b) On its website, provide a link to the State Board’s online voter registration system;

    (c) Accept requests for a Statewide VRA or FVRA sent by mail or electronic transmission;

    (d) Do one of the following:

      (i) Send, by the individual's preferred method of transmission, a Statewide VRA or FVRA promptly on individual request; or

      (ii) If the individual did not specify how the individual would like to receive the form, promptly mail and transmit by any other available means the appropriate form to the individual; and

    (e) Have these forms available at all locations where local board personnel are conducting in-person registration.

  (2) For peak periods, local boards are encouraged to:

    (a) Use an automatically answered telephone service that provides 24-hour access, informs callers that individuals can register to vote online at SBE’s website, and allows an individual to leave a name and mailing address, email address, or facsimile number to which a VRA shall be sent; and

    (b) Establish and staff special registration and distribution centers.

  (3) Designated Means of Electronic Communications for Certain Voters.

    (a) As required by federal law, the State Board designates the agency's general email address, website, and facsimile number as the means of electronic communication for voters authorized to vote under the Uniformed and Overseas Citizens Absentee Voting Act.

    (b) The designated means of electronic communication shall be used to:

      (i) Request a VRA or FVRA;

      (ii) Send or obtain a VRA or FVRA; and

      (iii) Provide other voter registration-related information.

C. Public Notice. The State Board and local boards shall give appropriate public notice of the services provided under this regulation.

#### Regulation .02 Voter Registration Agencies.

*COMAR 33.05.03.02*

A. In General. The following agencies are designated as voter registration agencies:

  (1) Local department of social services units providing:

    (a) Temporary Cash Assistance;

    (b) Medicaid; and

    (c) Food Stamps;

  (2) Local offices of the Maryland Children's Health Program under the Maryland Department of Health;

  (3) All offices primarily engaged in providing State-funded services to individuals with disabilities, including the Maryland Transit Administration Paratransit Certification Office;

  (4) Recruitment offices of the armed forces of the United States;

  (5) Offices on aging;

  (6) Offices for students with disabilities at private and public colleges and universities;

  (7) Marriage license offices of the clerks of  court;

  (8) Public institutions of higher education; and

  (9) Other agencies designated by the State Board.

B. Distribution of VRAs; Registration Assistance.

  (1) With each application for service or assistance and with each recertification, renewal, or change-of-address form relating to that service or assistance, an agency listed in §A(1)—(6) of this regulation shall:

    (a) Distribute a Statewide VRA and a declination form; and

    (b) Offer and provide voter registration assistance to any individual who does not:

      (i) Decline to register; or

      (ii) Refuse assistance.

  (2) With each application for service or assistance, an agency listed in §A(7) of this regulation shall:

    (a) Distribute a Statewide VRA; and

    (b) Provide voter registration assistance to an applicant who requests it.

  (3) Whenever an individual enrolls, registers, or pays for course work at an agency listed in §A(8) of this regulation, the agency shall:

    (a) Provide the individual an opportunity to request a Statewide VRA; and

    (b) If the individual requests a Statewide VRA, provide one or cause one to be provided to the individual.

C. Receipt and Forwarding of VRAs.

  (1) When a Statewide VRA is completed and returned to a voter registration agency, the agency shall stamp the Statewide VRA with the date received.

  (2) Within 5 days after receiving the Statewide VRA, the agency shall forward the VRA to the appropriate local board or the State Board.

#### Regulation .03 MVA Registration.

*COMAR 33.05.03.03*

A. Registration Assistance. When an individual applies to the MVA for the issuance or renewal of a driver's license or identification card or changes a name or address on an existing driver's license or identification card, the MVA shall provide the individual with the opportunity to apply to register to vote or to update the individual's voter registration record. If the offer is accepted, the MVA shall assist the individual in completing an MVRA as specified in Election Law Article, §3-203(b), Annotated Code of Maryland.

B. Receipt and Forwarding of VRAs.

  (1) Paper MVRA.

    (a) When a paper MVRA is completed and returned to the MVA, the MVA shall stamp the MVRA with the date received.

    (b) Within 5 days after receiving the paper MVRA, the MVA shall forward the paper MVRA to the appropriate local board office. If the MVRA indicates that the applicant is currently registered to vote in Maryland and has moved, the MVA shall forward the MVRA to the local board office in the county where the current address is located.

  (2) Electronic MVRA.

    (a) When an electronic MVRA is completed, the MVA shall electronically forward to the State Board the MVRA and the applicant’s digitized signature.

    (b) The MVA shall forward to the State Board all newly received MVRAs and the applicants’ digitized signatures daily.

C. Declining to Apply. An individual may decline to apply to register to vote or to update the individual's voter registration record by:

  (1) Affirmatively checking the box next to the statement, “I do not wish to register to vote at this time.”; or

  (2) Affirmatively selecting the appropriate box on an MVA customer service touch screen.

#### Regulation .04 Voter Registration Distribution Centers.

*COMAR 33.05.03.04*

The State Board may designate other public agencies, including public libraries and post offices, as voter registration distribution centers for the purpose of displaying and providing applications for voter registration.

#### Regulation .05 Training of Agency Staff.

*COMAR 33.05.03.05*

A. State Administrator to Develop. The State Administrator shall develop a program for training employees of a voter registration agency in cooperation with that agency.

B. Training by Election Directors. At the direction of the State Administrator, election directors shall train employees of voter registration agencies within their local jurisdictions, using the training manual developed by the State Administrator.

#### Regulation .06 Voter Registration Activities.

*COMAR 33.05.03.06*

A. Definition. In this regulation, “VRA distributor” means an individual who conducts the following voter registration activities:

  (1) Offering Statewide VRAs to individuals interested in registering to vote or updating an existing registration;

  (2) Assisting people with filling out Statewide VRAs; and

  (3) Returning completed Statewide VRAs to the appropriate local board office.

B. Qualifications. Any individual is qualified to be a VRA distributor if the individual is 18 years old on or before the next General Election.

C. Instructing Authorities. The State Administrator and each election director shall provide instruction as described in §E of this regulation to VRA distributors.

D. Instruction Sessions. The State Administrator and each election director:

  (1) Shall treat individuals and groups of VRA distributors seeking instruction fairly and equitably and afford equal access to instruction;

  (2) Shall provide instruction during both election years and nonelection years:

    (a) In accordance with a fixed schedule of instruction sessions, which shall be publicized in advance throughout the community that the local board serves; or

    (b) Upon request;

  (3) May not discontinue providing instruction during the period beginning 70 days prior to an election through one week before the deadline for voter registration; and

  (4) Shall, at the completion of an instruction session, issue a certificate to each VRA distributor attending the session.

E. Scope of Instruction. The instruction shall include the following:

  (1) How to fill out the Statewide VRA;

  (2) How to ensure, to the extent possible, that the Statewide VRA is filled out completely and accurately; and

  (3) The personal identification requirements for new applicants.

F. Requirements. A VRA distributor shall:

  (1) Advise each applicant that the applicant may:

    (a) Personally return the Statewide VRA to the appropriate local board office; or

    (b) Permit the individual performing the voter registration activities to return the completed VRA to the local board; and

  (2) Deliver completed VRAs to the appropriate local board within five days of receipt or by the next voter registration deadline, whichever occurs first.

G. Forms to be Provided.

  (1) Except as specified in §G(2) of this regulation, the State Administrator or a local board shall provide Statewide VRAs to VRA distributors as follows:

    (a) For a VRA distributor who presents a Certificate of Instruction described in §D(4) of this regulation, a sufficient number of Statewide VRAs to meet the individual's needs; or

    (b) For a VRA distributor who does not present a Certification of Instruction described in §D(4) of this regulation, no more than 25 Statewide VRAs per day.

  (2) The State Administrator or an election director may limit the number of Statewide VRAs if the State Administrator or election director:

    (a) Does not have a sufficient number of Statewide VRAs to accommodate the request and still have a sufficient supply of Statewide VRAs for official office business; or

    (b) Determines that the individual is not following all of the requirements of this regulation.

H. Compensation for Performing Voter Registration Activities. A VRA distributor may not receive compensation on a per registrant basis for voter registration activity.

#### Regulation .07 Revising the Statewide VRA.

*COMAR 33.05.03.07*

A. When Statewide VRA Is to Be Revised. As soon as practicable after the certification of a new political party or the decertification of an existing political party, the State Administrator shall revise the Statewide VRA.

B. Stocking and Replacement. All local board offices, all voter registration agencies, and the MVA shall:

  (1) Constantly maintain on hand an adequate number of current Statewide VRAs; and

  (2) When the Statewide VRA is revised, promptly replace the old VRAs with the new VRA.

### Chapter 04 — Processing VRAs and Other Requests

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 3-202.1, 3-204.1, and 3-301—3-305, Annotated Code of Maryland; 42 U.S.C. 15483(b)(2)

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); 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)

**Administrative History:** Regulation .01B, C amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .02 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .02C amended effective November 24, 2003 (30:23 Md. R. 1654); May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .03 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .03 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .03A, C amended effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .03A, C amended as an emergency provision effective January 1, 2006 (33:1 Md. R. 34); amended permanently effective April 24, 2006 (33:8 Md. R. 735)

**Administrative History:** Regulation .03B amended effective September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .04 amended as an emergency provision effective January 1, 2006 (33:1 Md. R. 34); amended permanently effective April 24, 2006 (33:8 Md. R. 735)

**Administrative History:** Regulation .04C amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .05 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .05B amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .05C amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); amended permanently effective August 14, 2006 (33:16 Md. R. 1366)

**Administrative History:** Regulation .06 adopted effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Chapter revised effective February 29, 2016 (43:4 Md. R. 334)

**Administrative History:** Regulation .02C amended effective January 13, 2022 (49:1 Md. R. 16)

**Administrative History:** Regulation .04B amended effective March 7, 2022 (49:5 Md. R. 368)

#### Regulation .01 Applicability.

*COMAR 33.05.04.01*

Except for the requirements in Regulations .03, .04, and .06 of this chapter, this chapter does not apply to the registration and address change process authorized under Election Law Article, §3-305, Annotated Code of Maryland.

#### Regulation .02 Receipt of Completed VRAs.

*COMAR 33.05.04.02*

A. In this regulation, “registration deadline” means the time prescribed by law when registration closes for a particular election.

B. Date Stamp. When a completed VRA is received by the State Board office or a local board office, the board staff shall stamp the VRA with the date received.

C. When VRA Is Timely.

  (1) A VRA received by a voter registration agency or the MVA is timely for purposes of the next election if it is received by the voter registration agency or MVA on or before the registration deadline.

  (2) Any other VRA is timely for purposes of the next election if:

    (a) It is received by the State Board office, local board office, or authorized ballot drop box on or before the registration deadline; or

    (b) The State Administrator or election director, as the case may be, finds acceptable evidence, as specified in §D of this regulation, that the VRA was mailed to the board office:

      (i) On or before the registration deadline; or

      (ii) If the registration deadline is a legal holiday as set forth in 5 U.S.C. §6103(a), on or before the day after the registration deadline.

D. Evidence of Mailing Date.

  (1) For purposes of §C(2) of this regulation, the only acceptable evidence of when a VRA was mailed is:

    (a) A legible postmark by the United States Postal Service or the postal service of any other country:

    (b) Evidence from a private mail service showing when the VRA was mailed; or

    (c) The date the applicant signed the VRA if:

      (i) The VRA was mailed from outside the United States (as defined in §D(2) of this regulation); and

      (ii) The postal service of the place from which the VRA was mailed does not provide a postmark.

  (2) For purposes of §D(1)(c) of this regulation, “United States”:

    (a) Means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; and

    (b) Does not include American Samoa, the Canal Zone, Guam, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, an Army Post Office address, or a Fleet Post Office address.

E. Untimely VRAs.  A VRA that is not timely received as provided in §C of this regulation will be accepted, but the registration will not be processed until registration reopens.

#### Regulation .03 Initial Processing and Acceptance of VRAs.

*COMAR 33.05.04.03*

A. When Received by State Board Office. The State Administrator shall promptly forward all VRAs received at the State Board office to the local board office in the county where the current address is located.

B. When Received by Wrong Local Board Office.

  (1) If a local board office receives a VRA for someone whose current or previous residence is not in the county served by that board, the election director shall immediately:

    (a) Ascertain the correct county of the current residence; and

    (b) Forward the VRA to the local board office in that county.

  (2) If the VRA was not timely received by the office of the local board first receiving it, the election director shall append a statement to that effect.

C. When Received by Appropriate Local Board Office.

  (1) The appropriate local board office shall promptly process all VRAs that were timely received.

  (2) Relocation of Individual; Duties of Local Board.

    (a) If a local board receives a VRA from an individual who is currently registered in another Maryland county but has moved to the county served by that board, the local board shall process the change of address under COMAR 33.05.06.02.

    (b) If a local board receives a VRA from an individual who is currently registered in the county served by that board but has moved to a new Maryland county, the local board shall forward the original VRA to the local board in the county where the individual currently resides.

  (3) A VRA that was not timely received may not be processed until after the voter registry is reopened, and the election director shall so notify the applicant.

D. Acceptance.

  (1) A VRA may be accepted only if the information required by Regulation .03 of this chapter has been correctly furnished by the applicant.

  (2) An applicant supplying the required information shall be registered in accordance with this chapter.

#### Regulation .04 Required Information.

*COMAR 33.05.04.04*

A. Minimum Requirements.

  (1) To be accepted, every new VRA shall contain the applicant's:

    (a) Legal name;

    (b) Residence address, including any applicable apartment number;

    (c) Mailing address, if different from the residence address;

    (d) Date of birth;

    (e) Acknowledgment of United States citizenship;

    (f) Subject to §B of this regulation, signature; and

    (g) Personal identification number as provided in §A(2) of this regulation.

  (2) Personal Identification Number.

    (a) If the applicant has a current and valid Maryland driver's license or Motor Vehicle Administration (MVA) identification card, the personal identification number is the applicant's MVA identification number.

    (b) If an applicant does not have a current and valid Maryland driver's license or MVA identification card, the personal identification number is at least the last four digits of the applicant's Social Security number.

    (c) The local board shall use a unique identifier as the applicant's personal identification number if:

      (i) The applicant does not have a current and valid Maryland driver's license, an MVA identification card, or a Social Security number; or

      (ii) The personal identification number provided by the applicant could not be verified but the identity of the applicant was established in accordance with Regulation .04 of this chapter.

B. Signatures.

  (1) Subject to the requirements of §B(2) of this regulation, if the applicant is unable to:

    (a) Sign his or her name, an “X” or similar mark will be accepted as that individual's signature; and

    (b) Make a mark, the requirement for a signature is met by the execution of the assistance form described in §B(2) of this regulation.

  (2) In either of the situations described in §B(1) of this regulation, the individual who assisted the applicant in filling out the VRA shall sign a statement, on a separate document, that the applicant states that:

    (a) The applicant is unable to sign his or her name;

    (b) The applicant meets all of the qualifications to become a registered voter in Maryland; and

    (c) The information supplied about the applicant is true.

  (3) Digitized signatures from the MVA shall be accepted.

  (4) For the online submission of the Statewide VRA, a signature for an absent uniformed services voter or an overseas voter is the individual’s last four digits of the individual’s Social Security number.

  (5) For the electronic submission of the Federal Post Card Application, a signature may be applied using a Common Access Card.

C. Optional Information.

  (1) The following items on a VRA are optional information:

    (a) Sex;

    (b) Telephone number;

    (c) Date;

    (d) Full Social Security number;

    (e) Prior registration information; and

    (f) Email address.

  (2) The prior registration portion of the VRA shall provide the applicant with space to provide the applicant's last registration information.

D. Party Affiliation. An applicant who fails to designate party affiliation on a VRA shall be registered as “unaffiliated”, and the election director shall so notify the applicant by sending the applicant a VNC.

#### Regulation .05 Verification Inquiries.

*COMAR 33.05.04.05*

A. When Required. An appropriate verification inquiry shall be made if:

  (1) Information required to be given on the VRA is missing or incomplete;

  (2) Information given on the VRA appears unclear or inconsistent;

  (3) The applicant provides a Motor Vehicle Administration (MVA) identification number or at least the last four digits of a Social Security number as the personal identification number; or

  (4) For any reason, the election director is uncertain what action should be taken on the application.

B. How to Make.

  (1) Verification inquiries should be made so as to:

    (a) Permit timely and appropriate action on applications; and

    (b) Avoid needless rejections.

  (2) The verification of a personal identification number shall be made in accordance with procedures established by the State Board.

  (3) If an applicant's personal identification number cannot be verified, the local board shall request that the applicant provide personal identification information to establish the applicant's identity.

  (4) Upon receipt or presentation of personal identification information, the verification inquiry shall be complete.

C. The election director is not responsible for any failure to complete an inquiry in time for the applicant to vote in, or effect a change before, an election but the election director shall follow the procedures and timeframes for verification established by the State Administrator.

#### Regulation .06 Deadlines for and Periods of Registration or Changes.

*COMAR 33.05.04.06*

A. In General. Except as otherwise provided by the State Board, the effective date of registration or of a requested change that is timely received is the date the VRA or other appropriate form or notice was received by the State Board office or a local board office.

B. When Timely.

  (1) In applying the provisions of law that prohibit registration or changes of name, address, or party affiliation during certain periods, the VRA or other appropriate form or notice is considered to have been timely received, and processing shall be completed during the otherwise closed period, if the application, notice, or form:

    (a) Is complete, as required by law or this title; and

    (b) Was received by or mailed to the local board office on or before the appropriate deadline, in the same manner and under the same conditions as provided in Regulation .01C and D of this chapter for VRAs.

  (2) For purposes of applying Regulation .01C and D of this chapter to a change of party affiliation, “registration deadline” includes the deadline prescribed by law after which changes of party affiliation no longer may be made for a particular election.

C. Processing.

  (1) If a verification inquiry is not needed and if the VRA or other appropriate form or notice was timely received, the election director shall:

    (a) Promptly complete the processing; and

    (b) Notify the applicant before the next election.

  (2) If a verification inquiry reveals that the information given was complete and accurate and if the VRA or other appropriate form or notice was timely received, the registration or change shall be promptly completed, effective as of the date the VRA, form, or notice was received.

  (3) Except as specified in §C(5) of this regulation, if a verification inquiry reveals that the information given was either incomplete or inaccurate, processing may not be completed and the applicant need not be notified of any action until after the expiration of the period during which registration or changes are prohibited.

  (4) Except as specified in §C(5) of this regulation, in the case set forth in §C(3) of this regulation, and in cases when a verification inquiry is not completed until after the expiration of the period during which registration or changes are prohibited, the:

    (a) Registration or change requested shall be processed beginning with the first day after the expiration of that period; and

    (b) Effective date of the registration or the change is the first day after the expiration of that period rather than the date of receipt of the VRA, form, or notice.

  (5) Verification Inquiry.

    (a) A verification inquiry of a personal identification number or personal identification information may be completed during the period during which registration or changes are prohibited.

    (b) The registration shall be processed upon completion of a verification inquiry.

    (c) The effective date of registration is the date the VRA was received.

    (d) Presentation of personal identification information to an election official or election judge shall complete the verification inquiry.

D. Deadline for Change of Party Affiliation if Voter Moves to Another County. After the party change deadline set by Election Law Article, §3-303(a), Annotated Code of Maryland, a registered voter who has moved from one Maryland county to another since the last general election may change party affiliation, or change to or from the “unaffiliated” status, by submitting a signed request to the local board where the voter currently resides at any time that registration is open. A voter may take advantage of this provision only once following a move.

#### Regulation .07 Request for Personal Identification Information.

*COMAR 33.05.04.07*

A. Scope. This regulation applies to a registrant who:

  (1) Is required by COMAR 33.07.06 or 33.11.02.07 to provide personal identification information before voting in Maryland for the first time; and

  (2) Did not provide the required personal identification information with the VRA.

B. Request for Missing Information. Except as provided in §C of this regulation, the local board shall correspond with a registrant covered by this regulation in an attempt to obtain the required personal identification information before the date of any upcoming election.

C. Verification of Personal Identification Number. The local board need not request personal identification information if the State Board has matched the registrant's name, date of birth, and personal identification number with an existing State identification record.

### Chapter 05 — Notification

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, and 3-301(c), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)

**Administrative History:** Chapter revised as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); revised permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .03 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .04A amended effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .04B amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .05 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .06 amended effective May 31, 2010 (37:11 Md. R. 767)

#### Regulation .01 In General.

*COMAR 33.05.05.01*

This chapter applies to notification of applicants, subject to the preceding provisions of this subtitle.

#### Regulation .02 Voter Notification Card—Required Contents.

*COMAR 33.05.05.02*

The voter notification card (VNC) required by this chapter shall include:

A. The name and address of the voter;

B. The date of issue;

C. The ward, districts, and precinct of the voter's residence;

D. Party affiliation, if any; and

E. The name and address of the appropriate polling place.

#### Regulation .03 Voter Notification Card — Issuance on New Registration.

*COMAR 33.05.05.03*

A. VNC to Be Sent. Whenever a local board office receives a VRA, completes any needed inquiry, and determines that the applicant is not currently registered in Maryland but is qualified to register and resides in the county served by that board, the election director shall promptly send the applicant a VNC by nonforwardable mail.

B. When New Maryland Registration Is Complete.

  (1) Registration in Maryland is not considered completed until the VNC is issued.

  (2) If the VNC is returned as undeliverable, the applicant should not have been registered and the election director shall remove the applicant's name from the Statewide voter registration list.

#### Regulation .04 Duplicate or Changed VNC.

*COMAR 33.05.05.04*

A. Scope. This regulation applies whenever a voter currently registered in Maryland requests a:

  (1) Duplicate VNC to replace a lost, destroyed, or damaged VNC;

  (2) Change of name or party affiliation;

  (3) Change of address within the State.

B. New VNC to Be Issued. When a local board office receives the request, the election director shall:

  (1) Conduct any needed inquiry; and

  (2) If the election director determines that the request is in order, issue at no charge to the voter and send the applicant a new VNC by nonforwardable mail.

C. Action on Return of VNC. If the VNC is returned as undeliverable, the election director shall:

  (1) Send to the applicant, by forwardable mail, a confirmation notice, with a preaddressed, postage prepaid, return card on which the applicant can report his or her current address; and

  (2) Maintain a record in accordance with COMAR 33.05.02.05.

#### Regulation .05 Rejection of Registration.

*COMAR 33.05.05.05*

When an election director rejects an application for new registration in Maryland, the election director shall promptly send the applicant a letter that informs the applicant of the rejection and the specific reason for the rejection.

#### Regulation .06 Other Notifications.

*COMAR 33.05.05.06*

A. Duplicates.

  (1) If a VRA appears to duplicate a registration already on file, the election director:

    (a) Shall record the VRA as a duplicate in the Statewide voter registration system; and

    (b) Need not send a VNC.

  (2) Records of duplicates shall be maintained in accordance with COMAR 33.05.02.05.

B. VRA with Changed Name, etc. If a VRA is from a voter already listed in the Statewide voter registration list but includes a change of name, party affiliation, or address within the same county, or more than one of these, the election director shall:

  (1) Process the change; and

  (2) So notify the applicant, by sending the applicant, by nonforwardable mail, a VNC that reflects the change.

C. Notice to Another State. Whenever the previous registration portion of a VRA indicates that the applicant formerly resided and was registered in another state, the State Administrator shall forward the relevant information to the appropriate election official in the state of previous registration, unless that state has directed the State Board not to do so.

### Chapter 06 — Changes, Deaths, Convictions

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 3-301(c), 3-504, and 3-505; Courts and Judicial Proceedings Article, §8-212; Annotated Code of Maryland; 42 U.S.C. 1973aa-1(e)

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)

**Administrative History:** Chapter revised as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); revised permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .01 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .02 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .03A amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .03B, C amended effective August 19, 2013 (40:16 Md. R. 1346)

**Administrative History:** Regulation .05 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .05C amended effective November 24, 2003 (30:23 Md. R. 1654)

**Administrative History:** Regulation .06E amended effective May 31, 2010 (37:11 Md. R. 767)

#### Regulation .01 Requested Change of Name, Party, or Address Within Same County.

*COMAR 33.05.06.01*

A. Election Director to Process Request. If a registered voter requests, in writing, a change of name, party affiliation, or address within the same county, the election director shall:

  (1) Make the change; and

  (2) Send the registered voter, by nonforwardable mail, a VNC that reflects the change.

B. When Request Is Not Processed. If the election director is not satisfied that the request is from the registered voter, the election director shall mail notice to the applicant, directing the applicant to respond to any questions that the election director considers necessary and provide any documents requested by the election director. If the applicant fails to respond as directed, the election director may not make the change requested.

#### Regulation .02 Requested Change of Address to or from Another Maryland County.

*COMAR 33.05.06.02*

A. Change Request from Voter Who Now Resides in County. When an election director receives a request for a change of address from a voter who is currently registered in another Maryland county but currently resides in the county served by the election director's local board, the election director shall:

  (1) In the Statewide voter registration list, transfer the voter's record into the county served by that local board; and

  (2) Send the voter, by nonforwardable mail, a VNC that informs the voter where the voter is registered to vote.

B. Change Request from Voter Who Has Moved from County. When an election director receives a request for a change of address from a voter who is currently registered in the county served by that local board but currently resides in a new Maryland county, the election director shall forward to the election director in the new county the request so that the voter may be transferred into that county.

#### Regulation .03 Requested Change of Address to Jurisdiction Outside Maryland.

*COMAR 33.05.06.03*

A. In General. If a registered voter requests, in writing, a change of address to a jurisdiction outside Maryland, the election director shall remove the voter from the Statewide voter registration list.

B. Change of Address Immediately Before Presidential General Election. If a registered voter notifies an election director that the voter moved to a jurisdiction outside Maryland within 30 days of a presidential general election day and is not able to register to vote in that jurisdiction because voter registration is closed, the election director shall:

  (1) Request that the voter provide a written notice of the voter’s move and include in the notice the effective date of the move and the voter’s new address;

  (2) Upon receipt of the written notice, provide the voter with a ballot for President and Vice President only; and

  (3) When voter registration reopens, remove the voter from the Statewide voter registration list.

C. Further Confirmation Not Needed. Further confirmation is not needed of the voter's removal or of the voter's inability to vote until the voter reregisters.

#### Regulation .04 Change of Address Indicated on Petition.

*COMAR 33.05.06.04*

A. In General. If a registered voter signs a petition and provides an address different from the address on file at the local board office, the election director shall treat the signed petition as a request for a change of address.

B. Address Within Same County. If the address on the petition is within the same county served by the local board office, the election director shall take appropriate action under Regulation .01 of this chapter.

C. Address in Another Jurisdiction. If the address on the petition is in another jurisdiction, the election director shall take appropriate action under Regulation .02 or .03 of this chapter.

#### Regulation .05 Notices of Death or Conviction.

*COMAR 33.05.06.05*

A. Report of Death from Official Source.

  (1) When a local board office receives a report, through the State Board, from the Maryland Department of Health or the official vital statistics agency of another state or territory of the United States of the death of a registered voter, as provided in Election Law Article, §3-504, Annotated Code of Maryland, the election director shall remove from the Statewide voter registration list the registered voter to whom the notice applies.

  (2) The notice procedures otherwise required by this regulation do not apply.

  (3) All death information received from the Maryland Department of Health or from an official vital statistics agency shall remain confidential and may be used only to maintain the voter registry.

B. Report of Death from Other Reliable Source.

  (1) When a local board office receives a report of the death of a registered voter in the form of an obituary or other reliable report, other than a report covered by §A of this regulation, the election director shall mail a notice to the address shown on the Statewide voter registration list to verify whether the voter is in fact deceased.

  (2) The election director may not remove the voter from the Statewide voter registration list until the voter's death has been verified.

C. Report of Conviction.

  (1) This section applies when a local board office receives a report of the conviction of a registered voter for any crime that would affect the voter's qualifications under Election Law Article, §3-102, Annotated Code of Maryland.

  (2) The election director shall mail to the registered voter, by regular U.S. mail, a notice that:

    (a) Describes the report received; and

    (b) Notifies the registered voter that the registered voter will be removed from the Statewide voter registration list unless, within 2 weeks after the date of the letter, the registered voter:

      (i) Objects to the removal, and

      (ii) Shows cause why the removal should not proceed.

  (3) If the registered voter timely objects and shows cause why the removal should not proceed, the election director may:

    (a) Terminate the removal process and retain the registered voter on the Statewide voter registration list; or

    (b) Refer the matter to the local board for a hearing to determine the registered voter's status.

  (4) If the registered voter fails to timely object and show cause why the removal should not proceed, the registration shall be cancelled and the registered voter removed from the Statewide voter registration list.

  (5) If a voter's registration is canceled under this section, the individual may reregister if the individual later satisfies the qualifications for voter registration in Maryland.

#### Regulation .06 Notices from Jury Commissioner, etc.

*COMAR 33.05.06.06*

A. Scope. This regulation applies when the State Board office receives information from a jury commissioner or clerk, as provided in Courts and Judicial Proceedings Article, §§8-201(c) and 8-212(c)(2), Annotated Code of Maryland, indicating that a prospective juror:

  (1) Has moved from the county;

  (2) Has died; or

  (3) Is not a citizen.

B. Information To Be Kept Confidential. All information received from the jury commissioner or clerk shall remain confidential and may not be disclosed except as:

  (1) Specifically provided in this regulation; or

  (2) Otherwise authorized by the jury commissioner or clerk.

C. State Administrator to Forward Jury Notices. The State Administrator shall promptly forward all jury commissioner information to the local board office in the county served by the jury commissioner.

D. Action by Local Board — Change of Address. If the registered voter has been reported to have moved from the county, the election director shall take appropriate action under Election Law Article, Title 3, Subtitle 5, Annotated Code of Maryland.

E. Action by Local Board — Death or Citizenship.

  (1) If the registered voter has been reported to have died or not to be a citizen, the election director shall take appropriate action under this section.

  (2) The election director shall mail to the address shown on the Statewide voter registration list, by regular U.S. mail, a notice that:

    (a) States that the registered voter has been reported to have died or not to be a citizen; and

    (b) Notifies the registered voter or anyone attending the affairs of a deceased voter that the voter will be removed from the Statewide voter registration list unless, within 2 weeks after the date of the letter, the registered voter or a representative:

      (i) Objects to the removal; and

      (ii) Shows cause why the removal should not proceed.

  (3) If the registered voter or a representative timely objects and shows cause why the removal should not proceed, the election director may:

    (a) Terminate the removal process and retain the registered voter on the Statewide voter registration list; or

    (b) Refer the matter to the local board for a hearing to determine the registered voter's status.

  (4) If the registered voter or a representative fails to timely object and show cause why the removal should not proceed, the registration shall be canceled and the registered voter removed from the Statewide voter registration list.

### Chapter 07 — List Maintenance and Inactive Voters

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, and 3-501—3-506, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)

**Administrative History:** Regulations .01—.03, .05 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)

**Administrative History:** Regulation .01A, C amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .03 amended as an emergency provision effective June 21, 2006 (33:15 Md. R. 1277); amended permanently effective September 25, 2006 (33:19 Md. R. 1561)

**Administrative History:** Regulation .03B amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .04 amended effective May 31, 2010 (37:11 Md. R. 767)

**Administrative History:** Regulation .05 amended effective November 24, 2003 (30:23 Md. R. 1654)

#### Regulation .01 Required List Maintenance.

*COMAR 33.05.07.01*

A. Purpose. The procedures of this chapter are designed to provide a method by which to periodically identify and, when appropriate, remove from the Statewide voter registration list individuals who have become ineligible by reason of a change of address to a jurisdiction outside Maryland.

B. Preelection Mailing. Before every general election (other than a special election), all election directors shall mail to all registered voters in their respective jurisdictions, by nonforwardable mail, a specimen ballot meeting the requirements of Election Law Article, §8-102(b), Annotated Code of Maryland.

C. Post-Election Confirmation. As soon as reasonably practicable after the general election, the election directors shall begin the confirmation mailing process prescribed in Election Law Article, §3-502, Annotated Code of Maryland. The confirmation mailing and the removal of voters from the Statewide voter registration list or their placement on the inactive list, as appropriate, shall be completed at least 90 days before the next election.

#### Regulation .02 Procedures for Confirmation, Removal, etc.

*COMAR 33.05.07.02*

On receipt of a report that a registered voter has changed address, the election director shall follow the procedures set out in Election Law Article, Title 3, Subtitle 5, Annotated Code of Maryland.

#### Regulation .03 Inactive Voters and Petitions.

*COMAR 33.05.07.03*

A. Scope of Regulation. This regulation applies to an individual who has been placed on a list of inactive voters based on information that the voter has moved to a jurisdiction outside Maryland.

B. When Petition Address Is Same as Record Address. If an individual on an inactive list signs a petition and provides the same address as the address on file at the local board office:

  (1) The signature is considered written confirmation of the individual's continued residence at that address; and

  (2) The election director shall remove the individual's name from the inactive list and update the individual's record in the Statewide voter registration list.

C. When Petition Address Is Not Same as Record Address.

  (1) If an individual on an inactive list signs a petition and provides an address different from the address on file at the local board office:

    (a) The signature is considered written confirmation of a change of address; and

    (b) The election director shall take action as provided in §C(2), (3), or (4) of this regulation.

  (2) If the address on the petition is within the same county served by the local board, the election director shall:

    (a) Take appropriate action under COMAR 33.05.06.01; and

    (b) Remove the voter from the inactive list.

  (3) If the address on the petition is within a different Maryland county, the election director shall:

    (a) Take appropriate action under COMAR 33.05.04.02; and

    (b) Remove the voter from the inactive list.

  (4) If the address on the petition is in a jurisdiction outside Maryland, the election director shall take appropriate action under COMAR 33.05.06.03.

#### Regulation .04 Prompt Updating Required.

*COMAR 33.05.07.04*

An election director shall update the Statewide voter registration list as soon as reasonably practicable after receiving any VRA or other appropriate notice or form for registration, cancellation of registration, or change of name, address, or political affiliation.

#### Regulation .05 Reports to State Administrator.

*COMAR 33.05.07.05*

At the request of the State Administrator, each election director shall report to the State Administrator the number of:

A. New registrations;

B. Confirmation notices mailed to newly registered voters;

C. Confirmation notices returned;

D. Registered voters whose registrations have been transferred to other Maryland counties;

E. Registered voters removed from the voter registry for any reason other than transfer to another Maryland county; and

F. Inactive voters.