# COMAR Title 33 — State Board of Elections

## Subtitle 05 — Voter Registration

### 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.