Plain Text Law

Title 33 — Subtitle 06. Petitions

Chapter 01. Definitions; General Provisions

Regulation .01 Terms Defined in Election Law Article.Copy Citation

In this subtitle, the following terms have the meanings stated in Election Law Article, §6-101, Annotated Code of Maryland:
A.
Affidavit;
B.
Circulator;
C.
Local petition;
D.
Page;
E.
Petition; and
F.
Sponsor.

Regulation .02 Forms.Copy Citation

A.
In General. Every petition, including the information page and all accompanying signature pages, shall be in the form and contain the information required by applicable State or local law and this subtitle.
B.
Preparation—State Board. Except as provided in §C of this regulation, the State Administrator shall:
(1)
Prescribe all forms needed for petitions; and
(2)
Make those forms available to local boards and the public.
C.
Preparation—Local Boards. Each local board shall:
(1)
Develop and, with the approval of the State Administrator, prescribe all forms needed for local petitions to refer an act of the county's governing body; and
(2)
Make those forms available to the public.
D.
Preparation—Sponsors. A sponsor may prepare and use its own forms, as long as those forms:
(1)
Comply with the requirements of this subtitle;
(2)
Contain all of the information required for the applicable petition; and
(3)
Have been approved by the State Administrator or local board, as the case may be.
E.
Duplication. A sponsor is responsible for completing and duplicating all forms provided by the State Administrator or a local board.

Chapter 02. Information Page

Regulation .01 In General.Copy Citation

The information page of every petition shall contain the information required by:
A.
Election Law Article, Title 6, Annotated Code of Maryland; and
B.
This chapter.

Regulation .02 Subject and Purpose.Copy Citation

A.
Description Required. The information page shall include a description of the subject and purpose of the petition, as required by:
(1)
Election Law Article, §6-201(b)(1), Annotated Code of Maryland; and
(2)
This regulation.
B.
Presidential Primary Candidate. For a petition under Election Law Article, §8-502, Annotated Code of Maryland, to place a presidential candidate on a primary election ballot, the description shall include the candidate's:
(1)
Name as it is to appear on the ballot;
(2)
City and state where the candidate resides; and
(3)
Party affiliation.
C.
General Election Candidate. For a petition under Election Law Article, §5-703, Annotated Code of Maryland, to place a candidate on a general election ballot, the description shall include the:
(1)
Candidate's name as it is to appear on the ballot;
(2)
Candidate's city and state where the candidate resides;
(3)
Candidate's party affiliation; and
(4)
Office being sought, including the applicable district.
D.
Formation of Political Party. For a petition under Election Law Article, §4-102, Annotated Code of Maryland, to form a new political party, the description shall include:
(1)
A statement of intent to organize a State political party;
(2)
The name of the proposed political party;
(3)
The name of the proposed political party's State chair and the city and state where proposed party's State chair resides; and
(4)
The names and addresses of the individuals who, under Election Law Article, §4-101, Annotated Code of Maryland, will constitute the proposed political party's initial governing body.
E.
Referral of Act of General Assembly. For a petition under Article XVI of the State Constitution to refer an Act or part of an Act of the General Assembly, whether a public general law or a public local law, the description shall include:
(1)
The Act's bill number;
(2)
The Act's “Short Title”; and
(3)
If applicable, a copy of the summary approved by the Attorney General of the Act or part of the Act being petitioned.
F.
Local Petition—Creation of Charter Board. For a petition under Article XI-A of the State Constitution to create a charter board for a county, the description shall include:
(1)
The name of the county; and
(2)
A statement of whether the petition is being brought under §1 or §1A of Article XI-A of the State Constitution.
G.
Local Petitions—Nominations to Charter Board. For a petition under Article XI-A of the State Constitution to nominate members for a county charter board, the description shall include:
(1)
The name of the county;
(2)
A statement of whether the petition is being brought under §1 or §1A of Article XI-A of the State Constitution; and
(3)
The name and address of each person sought to be nominated by that petition.
H.
Local Petitions—Charter Amendment Initiative. For a petition under Article XI-A of the State Constitution to amend a county charter, the description shall include:
(1)
The name of the county;
(2)
A citation to the specific charter provision sought to be modified, repealed, or added by the amendment; and
(3)
A fair and accurate summary of the substantive provisions of the amendment.
I.
Local Petitions—Referral of Local Act. For a local petition to refer an act of a county's governing body, the description shall include:
(1)
The name of the county;
(2)
The act's bill or other identification number;
(3)
The act's short title or other short-form identification;
(4)
A fair and accurate summary of:
(a)
The substantive provisions of the act, or
(b)
If only a part of the act is to be referred, the substantive provisions of that part; and
(5)
Any other information required by local law.

Regulation .03 Sponsor Identification.Copy Citation

A.
Identification Required. The information page shall include an identification of the sponsor, as required by:
(1)
Election Law Article, §6-201(b)(2), Annotated Code of Maryland; and
(2)
This regulation.
B.
Information To Be Provided. The identification shall include, for each of the persons described in §C of this regulation, that person's:
(1)
Name;
(2)
Mailing address;
(3)
Telephone number;
(4)
Electronic facsimile (fax) number, if any; and
(5)
E-mail address, if any.
C.
Persons to Whom Applicable. The information specified in §B of this regulation shall be given for:
(1)
The sponsor; and
(2)
If the sponsor is an organization:
(a)
An individual who has been designated by the organization to receive notices in connection with the petition, or
(b)
For a petition to form a new political party, the State Chair.

Regulation .04 Signatures Summary.Copy Citation

A.
Summary Required. The information page shall include a summary of signature pages, as required by:
(1)
Election Law Article, §6-201(b)(3), Annotated Code of Maryland; and
(2)
This regulation.
B.
Information To Be Provided. The summary shall include:
(1)
For each county, the:
(a)
Number of signature pages; and
(b)
Total number of signatures on those pages;
(2)
The total number of signature pages for all counties;
(3)
The total number of all signatures;
(4)
The total number of signatures for each congressional district, if the petition is for placing a presidential candidate on a primary election ballot;
(5)
The date on which the first signature was obtained; and
(6)
The date on which the last signature was obtained.

Regulation .05 Advance Determination.Copy Citation

A.
Statement Required. The information page shall include a statement of whether the petition format had been submitted under Election Law Article, §6-202, Annotated Code of Maryland, for an advance determination of its sufficiency.
B.
Copy of Determination. If an advance determination was sought, a copy of that determination shall be attached to the information page.

Regulation .06 Sponsor's Affidavit.Copy Citation

A.
Affidavit Required. The information page shall include an affidavit, as required by:
(1)
Election Law Article, §6-201(b)(4), Annotated Code of Maryland; and
(2)
This regulation.
B.
Scope and Tenor. The affidavit shall state that, to best of the affiant's knowledge and belief, all of the information given on the information page is true and correct.
C.
By Whom Made. The affidavit shall be signed and dated by:
(1)
The sponsor; or
(2)
If the sponsor is an organization:
(a)
An individual responsible to the organization who has been designated by the organization to receive notices in connection with the petition, or
(b)
For a petition to form a new political party, the State Chair.

Chapter 03. Signature Pages

Regulation .01 In General.Copy Citation

Each signature page of every petition shall contain the information required by:
A.
Election Law Article, Title 6, Annotated Code of Maryland; and
B.
This chapter.

Regulation .02 Placement of Information and Signatures.Copy Citation

A.
One Side Only. Except as provided in §B of this regulation, only one side of a signature page may be used for:
(1)
Signatures; and
(2)
Any of the information required to be provided on a signature page.
B.
Summary or Text of Question. If the petition is to place a question on the ballot, the reverse side of the signature page may contain:
(1)
A complete and accurate summary of the substantive provisions of the proposal; or
(2)
The full text of the proposal.

Regulation .03 Specification of County.Copy Citation

Each signature page shall specify the county and, if applicable, the particular district or geographic area in that county, in which the individuals signing that page reside.

Regulation .04 Subject and Purpose.Copy Citation

A.
Description Required. Each signature page shall include a description of the subject and purpose of the petition, as required by:
(1)
Election Law Article, §6-201(c)(1), Annotated Code of Maryland; and
(2)
This regulation.
B.
Information To Be Provided. Except as otherwise specified in this regulation, the description shall include the same information as that required by COMAR 33.06.02.02 for the information page.
C.
Exception—Summary or Text of Question.
(1)
This section applies to any petition that seeks to:
(a)
Refer an Act of the General Assembly;
(b)
Amend a county charter; or
(c)
Refer an act of a county's governing body.
(2)
For a petition described in §C(1) of this regulation, each signature page shall contain:
(a)
The full text of the proposal; or
(b)
A summary of the proposal, as required by COMAR 33.06.02.02 for the information page.
(3)
If the signature page does not include the full text of the proposal, the signature page shall prominently state that a copy of the full text is immediately available from the circulator.
D.
Exception—Formation of Political Party. For a petition to form a new political party, the description of subject and purpose on the signature page need not identify the individuals who will constitute the initial governing body.

Regulation .05 Statement of Signers' Support and Eligibility.Copy Citation

Each signature page shall contain a statement of the signers' support and eligibility, as required by Election Law Article, §6-201(c)(3), Annotated Code of Maryland.

Regulation .06 Signer Identification.Copy Citation

A.
In General. Each signature page shall contain labeled spaces for providing, adjacent to each signature, the information specified in this regulation.
B.
Required Information. When signing the signature page, each signer shall:
(1)
Sign the individual's name as it appears on the Statewide voter registration list or the individual's surname of registration and at least one full given name and the initials of any other names; and
(2)
Provide the following information, to be printed or typed in the appropriate spaces:
(a)
Date of signing,
(b)
Signer's name as it was signed, and
(c)
Current residence address, including house number, street name, apartment number (if applicable), town, and ZIP code.
C.
Optional Information.
(1)
The circulator shall ask each signer to also provide the signer's date of birth or, at a minimum, month and day of birth.
(2)
A signer's failure to provide this birth information does not invalidate the signature.

Regulation .07 Circulator Identification.Copy Citation

A.
Identification Required. Each signature page shall include an identification of an individual circulator, as required by this regulation.
B.
Information To Be Provided. The identification of the circulator shall include that individual's:
(1)
Printed or typed name;
(2)
Residence address, including house number, street name, apartment number (if applicable), town, and ZIP code; and
(3)
Telephone number.

Regulation .08 Circulator's Signed and Dated Affidavit.Copy Citation

A.
Affidavit Required. Each signature page shall include an affidavit to be signed and dated by the circulator, as required by:
(1)
Election Law Article, §6-204(a), Annotated Code of Maryland; and
(2)
This regulation.
B.
Scope and Tenor. The affidavit shall state that:
(1)
All of the information given by the circulator under Regulation .07 of this chapter is true and correct;
(2)
The circulator was 18 years old or older when each signature was affixed to the page;
(3)
The circulator personally observed each signer as the page was signed; and
(4)
To the best of the circulator's knowledge and belief, all:
(a)
Signatures on the petition are genuine, and
(b)
Signers are registered voters in the State.

Chapter 04. Filing Procedures

Regulation .01 Candidate's Declaration of Intent.Copy Citation

A petition candidate who is required by Election Law Article, §5-703, Annotated Code of Maryland, to file a declaration of intent with the State Board or a local board shall file in person before the deadline.

Regulation .02 Filing Petitions.Copy Citation

Each petition shall be filed as required by:
A.
Election Law Article, Title 6, Annotated Code of Maryland; and
B.
This chapter.

Regulation .03 Sorting.Copy Citation

Before filing a petition, the sponsor shall sort the signature pages:
A.
By county; and
B.
If applicable, by the particular district or geographic area in each county.

Regulation .04 Acceptance—Initial Filing.Copy Citation

A petition may not be accepted for filing unless:
A.
For a petition subject to Regulation .07 of this chapter, the petition is accompanied by the required petition fund statement; and
B.
The information page indicates, as required by Election Law Article, §6-205(c), Annotated Code of Maryland, that the petition satisfies all requirements for the:
(1)
Time of signing and filing, and
(2)
Number and geographic distribution of signatures.

Regulation .05 Acceptance—Supplemental Filing.Copy Citation

A.
In General. If, on verification of names, a petition is found to have an insufficient number of valid names, supplemental signature pages, together with an amended information page, may be submitted before the applicable deadline, as provided in Election Law Article, §6-205(d), Annotated Code of Maryland.
B.
Limitations. The supplemental signature pages may not be accepted for filing unless:
(1)
For a petition subject to Regulation .07 of this chapter, the filing is accompanied by the required petition fund statement; and
(2)
The amended information page indicates that the supplemental filing:
(a)
Satisfies all requirements for the time of signing and filing, and
(b)
Brings the total number of signatures on the petition to the required number.

Regulation .06 Receipt.Copy Citation

When a petition is filed, the State Administrator or election director, as the case may be, shall provide the sponsor with a signed and dated receipt.

Regulation .07 Petition Fund Statement.Copy Citation

A.
Scope of Regulation. This regulation applies to every petition filed under:
(1)
Article XI-A of the State Constitution; or
(2)
Article XVI of the State Constitution.
B.
Statement Required. A statement of contributions and expenditures shall be filed, as required by Election Law Article, §7-105(c), Annotated Code of Maryland, for any petition described in §A of this regulation.
C.
When To Be Filed. The statement shall be filed with:
(1)
The petition; and
(2)
Every supplemental or amended petition.

Chapter 05. Verification and Certification

Regulation .01 Assignment to Election Directors.Copy Citation

A.
Petitions Filed with State Board. For a petition filed with the State Board, the State Administrator shall transmit to the election director of each county, for verification under this chapter, all of the signature pages that, in accordance with COMAR 33.06.04.03, the sponsor designated as containing the names of individuals residing in that county.
B.
Petitions Filed with Local Board. For a petition filed with a local board, the election director shall proceed to verify the signature pages as provided in this chapter.

Regulation .02 Verification—In General.Copy Citation

A.
Guidelines and Instructions. The verification of signature pages shall be undertaken in accordance with guidelines and instructions adopted by the State Board.
B.
Procedure Generally. Except as otherwise authorized in Regulation .03 of this chapter, each election director shall:
(1)
Review all names and accompanying information on each signature page;
(2)
Determine which signers are registered voters who meet the petition criteria and which are not registered voters or do not meet the petition criteria; and
(3)
Indicate next to each name the results of that determination, using for that purpose uniform codes specified in the State Board's guidelines and instructions (for example, OK = Valid Signature; CSM = Circulator's Signature Missing).

Regulation .03 Verification—Optional Random Sampling.Copy Citation

A.
Scope of Regulation. This regulation applies to optional, random sample verification, as authorized by Election Law Article, §6-207(c), Annotated Code of Maryland.
B.
Development of Sampling Method. The State Administrator shall develop, for review and adoption by the State Board, a uniform statistical sampling method that ensures that:
(1)
The number of signatures randomly selected for verification equals or exceeds the greater of:
(a)
500 names; or
(b)
5 percent of the total number of names on the petition; and
(2)
Every name on the petition is given an equal opportunity to be included in the sampling.
C.
Use of Sampling Method. Random sampling may be used to verify the names on a petition only:
(1)
With the approval of the State Board; and
(2)
In accordance with the sampling method adopted by the State Board.

Regulation .04 Report of Results.Copy Citation

Within the time specified by law for completing the verification, the election director shall:
A.
Verify all names;
B.
Record the results in the format specified in the State Board's guidelines and instructions; and
C.
Except in the case of a local petition:
(1)
Immediately, by telephone or electronic facsimile transmission, notify the State Administrator of the results, and
(2)
Promptly mail or deliver the signature pages and the written results of the verification to the State Administrator.

Regulation .05 Certification.Copy Citation

A.
In General. The State Administrator or, in the case of a local petition, the election director shall:
(1)
Determine whether the validated names in the petition are enough to satisfy all requirements relating to number and geographic distribution;
(2)
Determine whether the petition has satisfied all other requirements of law for that petition;
(3)
If the petition satisfies all requirements, certify the results as provided in Election Law Article, §§6-208 and 6-210, Annotated Code of Maryland; and
(4)
Provide notice of the determination, as provided in Election Law Article, §§6-208 and 6-210, Annotated Code of Maryland.
B.
Determination by Administrator. The State Administrator, when making a determination under §A(1) of this regulation, shall base that determination on the verification reports submitted by the election directors.