# COMAR Title 33 — State Board of Elections

## Subtitle 05 — Voter Registration

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**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective May 31, 2010 (37:11 Md.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