# COMAR Title 33 — State Board of Elections

## Subtitle 06 — Petitions

### Chapter 05 — Verification and Certification

**Authority:** Election Law Article, §§2-102(b)(4), 6-103, 6-207, and 6-208, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1212)

**Administrative History:** Regulations .01—.05 amended as an emergency provision effective June 21, 2006 (33:15 Md. R. 1277); amended permanently effective September 25, 2006 (33:19 Md. R. 1562)

#### Regulation .01 Assignment to Election Directors.

*COMAR 33.06.05.01*

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.

*COMAR 33.06.05.02*

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.

*COMAR 33.06.05.03*

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.

*COMAR 33.06.05.04*

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.

*COMAR 33.06.05.05*

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.