# COMAR Title 33 — State Board of Elections

## Subtitle 07 — Election Day Activities

### Chapter 01 — Late Ballot Changes

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 9-208, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01, .02 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

**Administrative History:** Regulation .01 amended effective February 29, 2016 (43:4 Md. R. 334)

**Administrative History:** Regulation .02 amended effective February 29, 2016 (43:4 Md. R. 334)

#### Regulation .01 Corrective Actions.

*COMAR 33.07.01.01*

Subject to consultation with and the approval of the State Administrator, a local board shall take one of the following actions when a change is required in a ballot after the ballots have been printed:

A. Reprint the ballot; or

B. If time does not permit reprinting, take all reasonable steps to notify voters of the change.

#### Regulation .02 Public Notice.

*COMAR 33.07.01.02*

The notice to be provided under Regulation .01B of this chapter:

A. Shall include prominent notices posted at the affected polling places; and

B. May include:

  (1) Television, radio, and newspaper announcements and advertisements;

  (2) Information in the specimen ballot; and

  (3) Postings on the Internet.

### Chapter 02 — Election Equipment and Materials

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

**Administrative History:** Effective date:

**Administrative History:** Regulations .01, .02 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213); amended effective April 19, 2010 (37:7 Md. R. 623)

#### Regulation .01 Delivery to and Return from Polls.

*COMAR 33.07.02.01*

A. Board to Develop. The State Administrator shall develop, in consultation with the local boards, a written plan for the prompt and secure delivery of voting units and other election day equipment and materials to and from polling places.

B. Inclusions. The plan shall specify the methods of and time frames for these deliveries and returns.

#### Regulation .02 Polling Place Readiness and Set-Up.

*COMAR 33.07.02.02*

Election judges and other assigned personnel shall prepare and set up their respective polling places as required by:

A. The applicable judges' manual; and

B. All supplemental directives of the local board or State Board.

### Chapter 03 — Officials' Duties Generally

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

**Administrative History:** Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .04 repealed as an emergency provision effective June 1, 2020 (47:13 Md. R. 640); emergency provision expired July 31, 2020

**Administrative History:** Regulation .05 adopted effective October 19, 2009 (36:21 Md. R. 1594)

**Administrative History:** Regulation .06 adopted effective April 19, 2010 (37:8 Md. R. 623)

#### Regulation .01 In General.

*COMAR 33.07.03.01*

All local boards, their members, attorneys, election directors, staff members, and election judges shall faithfully and diligently perform all of the functions and duties that are assigned to them, collectively or categorically, by federal or State law or regulation, or by any manual, procedure, guideline, directive, or other instruction issued under federal or State law or regulation.

#### Regulation .02 Election Day Communications.

*COMAR 33.07.03.02*

A. Between Office and Polls. The local board shall assure that, throughout election day, each polling room is equipped with the ability to communicate directly with the local board office.

B. With Board Members. When away from the local board office, each board member and substitute member and the board's counsel shall be provided with a cellular telephone, pager, or other direct means of communication.

C. Communications Log.

  (1) Each local board office shall maintain an election day communications log.

  (2) Except for routine inquiries (for example, requests for directions, hours of operation, and the like), the following shall be recorded in the log for each call received:

    (a) Time of the call;

    (b) Identity of the caller;

    (c) Identity of the individual taking the call;

    (d) Problem or other purpose of the call;

    (e) Whether resolved;

    (f) If resolved, when, by whom, and how; and

    (g) If not resolved, why.

  (3) If requested by the State Administrator, the election director shall submit, within the time the State Administrator requests, a copy of the communications log.

#### Regulation .03 Board Counsel.

*COMAR 33.07.03.03*

Throughout election day and the ensuing canvasses, the local board's counsel shall be at the board office or immediately reachable by telephone, pager, or other direct means of communication.

#### Regulation .04 Polling Place Evaluation Program.

*COMAR 33.07.03.04*

A. Establishment Required. Each election director shall develop and, with the approval of the State Administrator, establish and implement a polling place evaluation program using the polling place evaluation form issued by the State Administrator.

B. Elements.

  (1) The program shall provide for unannounced election day visits to polling places to assess the election judges' compliance with applicable procedures and their general performance.

  (2) Board members, staff members, independent contractors, or volunteers may be used to make these visits and assessments, as long as they have been properly trained in the election day polling place procedures outlined in the Judges' Manual.

C. Reports to Administrator.

  (1) If requested by the State Administrator, the election director shall submit a report of the results of that election's evaluation.

  (2) The report shall be submitted within the time and in the form that the State Administrator requests.

#### Regulation .05 Extended Voting Hours.

*COMAR 33.07.03.05*

A. If a State or federal court order or any other order extending voting hours is issued, the order shall be immediately forwarded to the State Administrator who shall review the order in consultation with the Attorney General's office and instruct affected local boards about properly complying with the order.

B. Only after receiving direction from the State Administrator or the Administrator's designee may an election director instruct election judges to extend voting hours.

#### Regulation .06 Return of Election Supplies.

*COMAR 33.07.03.06*

A local board shall establish a separate, clearly delineated area for members of the public and the media so that they can reasonably observe the return of election supplies without obstructing or hindering the process.

### Chapter 04 — Order and Decorum

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 15.5-104, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01 and .02 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

**Administrative History:** Regulation .01B amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .02 amended as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); amended permanently effective February 14, 2005 (32:3 Md. R. 290); amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .02B amended effective February 29, 2016 (43:4 Md. R. 334)

**Administrative History:** Regulation .02B amended as an emergency provision effective July 18, 2022 (49:17 Md. R. 788)

**Administrative History:** Regulation .02B amended effective December 12, 2022 (49:25 Md. R. 1052); March 31, 2025 (52:6 Md. R. 267); March 2, 2026 (53:4 Md. R. 186)

#### Regulation .01 Media.

*COMAR 33.07.04.01*

A. Presence Allowed. Representatives of print or electronic media are permitted in a polling place as long as their activities do not:

  (1) Cause disruption;

  (2) Infringe on voter privacy;

  (3) Inhibit election judges from performing their duties; or

  (4) Otherwise interfere with the orderly conduct of the election.

B. Notice Requested.

  (1) Media organizations are requested to provide the State Administrator or the election director with a list of those polling places that they intend to cover, so that the election judges can be informed.

  (2) Failure to provide this information, however, does not in any way diminish or otherwise affect the rights granted by this regulation.

#### Regulation .02 Cell Phones, Pagers, Cameras, etc.

*COMAR 33.07.04.02*

A. In General. Except as specified in §B of this regulation, electronic communication devices may not be used in a polling place. Prohibited devices include:

  (1) Cameras;

  (2) Cellular telephones;

  (3) Pagers; or

  (4) Computer equipment.

B. Exceptions. This regulation does not apply to:

  (1) Cameras used by media representatives as long as the media representatives are recording polling place operations and not a screen or ballot;

  (2) Cellular telephones, pagers, or computer equipment used by election officials or law enforcement officers, when acting in their official capacities; or

  (3) Cellular telephones or other electronic devices used by a voter:

    (a) To provide lawful proof of residency or identification as required by this title;

    (b) To review electoral information to assist in marking the voter’s own ballot prior to casting;

    (c) To record a digital image of the voter’s own marked ballot prior to casting for personal use if it records only the ballot and may not be used in violation of Election Law Article, §16-206, Annotated Code of Maryland; or

    (d) To communicate through a translator or use licensed translation software services as described in Election Law Article, §15.5–103(B), Annotated Code of Maryland.

### Chapter 05 — Special Assistance

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 9-403, 9-406, 10-310(c), and 10-311(d), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

**Administrative History:** Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 623)

**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 .02 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .02B amended effective September 6, 2010 (37:18 Md. R. 1215)

**Administrative History:** Regulation .02D, F amended effective February 29, 2016 (43:4 Md. R. 334)

**Administrative History:** Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .03A 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)

#### Regulation .01 Inability to Sign.

*COMAR 33.07.05.01*

A. In General. Subject to the requirements of §B of this regulation:

  (1) If a voter is unable to sign a form used at a polling place, an “X” or similar mark will be accepted as that individual's signature; and

  (2) If a voter is unable to make a mark, the requirement for a signature is met by the execution of the endorsement described in §B of this regulation.

B. Endorsement. In either of the situations described in §A of this regulation, the election judge checking in or otherwise assisting the voter shall sign and date, on the back of the form, an endorsement indicating that:

  (1) The voter was unable to sign the voter's name; and

  (2) If the form that the voter was unable to sign was the voter authority card, the voter was found qualified to vote by that election judge.

#### Regulation .02 Assistance Needed to Cast Ballot.

*COMAR 33.07.05.02*

A. Scope. This regulation applies when, because of a physical disability or an inability to read or write English, a voter requests assistance in marking or casting the ballot or in filling out a provisional ballot application.

B. Voter's Options.

  (1) As provided in Election Law Article, Annotated Code of Maryland, the voter may select anyone to assist the voter, except:

    (a) The voter's employer;

    (b) The voter's union representative;

    (c) An officer or agent of the voter's employer or union;

    (d) For a voter casting a provisional ballot, a candidate who is on the voter's ballot; or

    (e) A challenger or watcher who has been designated as such for this election.

  (2) If the voter declines to select an individual to assist the voter, two election judges representing different political parties shall assist the voter.

C. Voter Assistance Record—Voter's Name and Address. The election judges shall enter the voter's name and address on a voter assistance record, in the form that the State Administrator prescribes.

D. Voter Assistance Record—Signing by Individual Assisting. If the voter has selected someone to assist the voter, the individual selected by the voter shall:

  (1) Enter her or his name and address on the voter assistance record; and

  (2) Sign the record to affirm that she or he:

    (a) Has been asked by the voter to assist the voter in marking or casting the voter's ballot or in filling out a provisional ballot application;

    (b) Is not the voter's employer or an agent of the voter's employer;

    (c) Is not an officer or agent of the voter's union;

    (d) Has not been appointed as a challenger or watcher for this election;

    (e) Will assist the voter only by:

      (i) Reading instructions or the content of the ballot or the application form to the voter, and

      (ii) As directed by the voter, marking or casting the ballot, or completing a provisional ballot application; and

    (f) Will not attempt to influence the voter or suggest in any way how the voter should vote in any contest or question.

E. Voter Assistance Record—Signing by Judges Assisting. If election judges will be providing the assistance, they shall:

  (1) Sign the voter assistance record; and

  (2) Enter their respective party affiliations.

F. Scope of Assistance. Assistance provided under this regulation shall be limited to:

  (1) Reading the instructions or the content of the ballot or the application form to the voter; and

  (2) As directed by the voter, marking or casting the ballot, or completing a provisional ballot application.

#### Regulation .03 Name Not in Election Register.

*COMAR 33.07.05.03*

A. Manual Procedures. If a voter's name does not appear in the election register, the election judges shall follow the procedures specified in the Judges' Manual.

B. “Fail-Safe” Procedures.

  (1) The State Administrator shall establish procedures to implement the “fail-safe” provisions of the National Voter Registration Act of 1993.

  (2) The election director shall comply with these procedures when providing instructions to election judges.

#### Regulation .04 Powers of Attorney.

*COMAR 33.07.05.04*

The right to vote may not be delegated to any other person, whether by power of attorney or otherwise.

### Chapter 06 — Identification Requirements

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

**Administrative History:** Effective date: November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .01B 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 .02B amended as an emergency provision effective January 2, 2004 (30:24 Md. R. 1737); amended permanently effective March 1, 2004 (31:4 Md. R. 319)

**Administrative History:** Regulation .02B amended as an emergency provision effective January 1, 2006 (33:1 Md. R. 35); amended permanently effective April 24, 2006 (33:8 Md. R. 735)

#### Regulation .01 Scope.

*COMAR 33.07.06.01*

This chapter applies only to an individual who:

A. Registered to vote in Maryland after January 1, 2003;

B. Submitted the voter registration application by mail or is required to provide personal identification information to complete a verification inquiry under COMAR 33.05.04.04;

C. Is voting in Maryland for the first time after January 1, 2004; and

D. Is voting in person at the polls.

#### Regulation .02 Definitions.

*COMAR 33.07.06.02*

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

B. Terms Defined.

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

  (2) “VRA” means voter registration application.

#### Regulation .03 Identification Required.

*COMAR 33.07.06.03*

Except as provided in Regulation .04 of this chapter, an individual covered by this chapter shall present personal identification information on the request of an election judge.

#### Regulation .04 Requirement Satisfied.

*COMAR 33.07.06.04*

Personal identification information is not required at the time of voting if:

A. The State Board has matched with an existing State identification record the individual's name, date of birth, and the MVA identification number or at least the last four digits of the Social Security number provided by the individual on or with the VRA; or

B. The individual has previously submitted to the local board a copy of personal identification information.

#### Regulation .05 Fail-safe Provision.

*COMAR 33.07.06.05*

If an individual covered by this chapter does not present the required personal identification information, an election judge shall offer the individual a provisional ballot application and, upon completing the application, the individual shall be issued a provisional ballot under COMAR 33.16.

### Chapter 07 — Challengers or Watchers

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 10-303, and 10-311, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

**Administrative History:** Chapter recodified from COMAR 33.07.06, Regulation .04 repealed, and new Regulation .04 adopted effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .03A 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 .03B amended as an emergency provision effective January 2, 2004 (30:24 Md. R. 1737); amended permanently effective March 1, 2004 (31:4 Md. R. 319); amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .04 repealed as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); repealed permanently effective August 14, 2006 (33:16 Md. R. 1366)

**Administrative History:** Chapter, Challenging Voters, recodified from COMAR 33.07.07 to 33.07.08 effective March 19, 2012 (39:5 Md. R. 384)

**Administrative History:** Regulations .01—.04 under new chapter, Challengers or Watchers adopted effective March 19, 2012 (39:5 Md. R. 384)

**Administrative History:** Regulation .01C amended effective July 23, 2012 (39:14 Md. R. 839)

**Administrative History:** Regulation .01D amended effective April 15, 2024 (51:7 Md. R. 334)

**Administrative History:** Regulation .02C amended effective July 23, 2012 (39:14 Md. R. 839)

#### Regulation .01 Designating Entities.

*COMAR 33.07.07.01*

A. State Board as Designating Entity. The State Board may:

  (1) Designate an individual as an accredited challenger or watcher if the individual submits a written request that includes polling places in more than one county; and

  (2) Require the individual to attend a training session, read any State Board issued information, or both.

B. Local Board as Designating Entity. A local board may:

  (1) Designate an individual as an accredited challenger or watcher if the individual submits a written request that includes polling places in its jurisdiction; and

  (2) Require the individual to attend a training session, read any State Board issued information, or both.

C. Other Designating Entities. If a designating entity other than the State Board or a local board intends to distribute instructions to the individual or individuals it designates, the designating entity:

  (1) May not provide information that conflicts with the Election Law Article, Annotated Code of Maryland, Title 33 of COMAR, and other State Board issued information; and

  (2) May submit a written draft of the instructions to the State Board for review.

D. Certificate.

  (1) A designating entity shall provide each challenger or watcher it designates with a signed certificate, in the form prescribed by the State Board.

  (2) The certificate shall be signed by:

    (a) If a candidate is the designating entity, the candidate;

    (b) If a political party is the designating entity, an officer, executive director of the entity, or other person authorized to sign on behalf of the entity; or

    (c) If a group of voters is the designating entity, the chairman or treasurer of the political committee.

  (3) The signature of the designating entity shall be:

    (a) An original signature; or

    (b) A copy of an original signature.

  (4) A designating entity shall provide the local board with:

    (a) Copies of completed certificates; or

    (b) A list of individuals designated as challengers and watchers.

#### Regulation .02 Permissive Activities of Accredited Challengers or Watchers.

*COMAR 33.07.07.02*

A. In General.  An accredited challenger or watcher may perform the activities defined in Election Law Article, §10-311(b), Annotated Code of Maryland.

B. Before Voting.

  (1) Except as provided in §B(2) of this regulation, before voting begins on election day, an accredited challenger or watcher may observe the election judges setting up the voting room, including:

    (a) Observing the election judges print voting system reports and review these reports;

    (b) Verifying the number of voters who have been checked-in and the number of votes that have been cast; and

    (c) Verifying that required security seals have been applied on the voting system.

  (2) An election judge shall not permit an accredited challenger or watcher entry to the polling place during the 30 minutes immediately before the opening of the polls.

C. During Voting Hours.

  (1)

    (a) The Chief Judges shall determine the location of accredited challengers or watchers in the voting room.

    (b) When determining the location of the accredited challengers and watchers in the voting room, the Chief Judges shall ensure:

      (i) The accredited challenger or watcher may see and hear each person as the person offers to vote; and

      (ii) The efficient management of the voting room.

    (c) The Chief Judges are not required to locate the accredited challengers and watchers directly behind the check-in table or in a position where they can directly view the electronic pollbook.

  (2) During voting hours, an accredited challenger or watcher shall, accompanied by a Chief Judge and at a convenient time for the election judges:

    (a) Verify the security seals on voting units to which voters have not been assigned; and

    (b) Verify the number of voters who have been checked in to vote.

D. After Voting.

  (1) To observe the post-voting hours procedures, an accredited challenger or watcher shall be in the polling place before voting hours end.

  (2) During this time, an accredited challenger or watcher may:

    (a) Observe the election judges print voting system reports and review these reports;

    (b) Verify that required security seals have been applied on the voting system; and

    (c) Observe the transmission by modem of election results if the local board has instructed the Chief Judges to perform this task.

#### Regulation .03 Prohibited Acts of Challengers or Watchers.

*COMAR 33.07.07.03*

A. Prohibited Acts.  A challenger or watcher may not:

  (1) Perform or attempt to perform the activities defined in Election Law Article, §10-311(d), Annotated Code of Maryland;

  (2) Bring into a polling place any device listed in COMAR 33.07.04.02 or political materials, newspapers, or news magazines;

  (3) Wear clothing or accessories with a political message;

  (4) Act or attempt to act as an advocate for one or more voters;

  (5) Exercise or attempt to exercise political influence while in a polling place;

  (6) Communicate or attempt to communicate with a voter while inside a polling place or within the electioneering boundary defined in Election Law Article, §16-206(b), Annotated Code of Maryland; or

  (7) Challenge or attempt to challenge an act of an election judge.

B. Removal.  A challenger or watcher may be removed by an election judge if the challenger or watcher is interfering with the work of the election judges.

#### Regulation .04 Election Judges.

*COMAR 33.07.07.04*

Election judges shall:

A. Protect a challenger or watcher in the exercise of the rights of a challenger or watcher; and

B. If an accredited challenger or watcher arrives at least 30 minutes before a polling place opens, admit the accredited challenger or watcher upon arrival.

### Chapter 08 — Challenging Voters

**Authority:** Election Law Article, §§2-102(b)(4) 2-202(b), and 10-312, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

**Administrative History:** Chapter recodified from COMAR 33.07.06, Regulation .04 repealed, and new Regulation .04 adopted effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .03A 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 .03B amended as an emergency provision effective January 2, 2004 (30:24 Md. R. 1737); amended permanently effective March 1, 2004 (31:4 Md. R. 319); amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .04 repealed as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); repealed permanently effective August 14, 2006 (33:16 Md. R. 1366)

**Administrative History:** Chapter recodified from COMAR 33.07.07 to 33.07.08 effective March 19, 2012 (39:5 Md. R. 384)

**Administrative History:** Regulation .01 amended effective March 19, 2012 (39:5 Md. R. 384)

**Administrative History:** Regulation .03B amended effective March 19, 2012 (39:5 Md. R. 384)

#### Regulation .01 Scope.

*COMAR 33.07.08.01*

This chapter applies to accredited and non-accredited challengers or watchers.

#### Regulation .02 Grounds for Challenge.

*COMAR 33.07.08.02*

A challenger may challenge an individual's right to vote only if the challenger has a reasonable basis for asserting that the individual seeking to vote is not the registered voter that the individual claims to be.

#### Regulation .03 Challenge Record.

*COMAR 33.07.08.03*

A. In General. If a challenge is made to a voter's identity and the challenged individual does not present any of the forms of identification specified in Election Law Article, §10-312(a)(2), Annotated Code of Maryland, the Chief Judge or Chief Judges shall record the proceedings on an identity challenge record, in the form that the State Administrator prescribes.

B. Contents. The form shall contain appropriate places for:

  (1) Each of the challenger and the challenged voter to sign an oath or affirmation, under penalties of perjury, that the individual's responses and statements are true;

  (2) The signature of the Chief Judge who administered each oath; and

  (3) The reason given for the challenge.

### Chapter 09 — Electioneering; Exit Polling

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

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

**Administrative History:** Chapter recodified from COMAR 33.07.07 to 33.07.08 effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 623)

**Administrative History:** Chapter recodified from COMAR 33.07.08 to 33.07.09 effective March 19, 2012 (39:5 Md. R. 384)

**Administrative History:** Regulation .06 recodified to be Regulation .03 effective February 29, 2016 (43:4 Md. R. 334)

**Administrative History:** Regulations .01—.03 recodified to be Regulations .02—.04 effective April 15, 2024 (51:7 Md. R. 334)

**Administrative History:** Regulation .01 adopted effective April 15, 2024 (51:7 Md. R. 334)

#### Regulation .01 Electioneering — Polling Place.

*COMAR 33.07.09.01*

A. At each polling place, one election judge from each principal political party shall be designated by the local board and, acting jointly, shall post signs delineating a line around the entrance and exit of the building that are closest to that part of the building in which voting occurs.

B. Electioneering Boundary.

  (1) Except as provided in §B(2) of this regulation, the line shall be located as near as practicable to 100 feet from the entrance and exit and shall be established after consideration of the configuration of the entrance and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.

  (2) In Montgomery County, on approval of the local board, the line may be located at any point between 25 feet and 100 feet from the entrance and exit.

C. The signs shall contain the words “No Electioneering Beyond this Point.”

D. An election judge is not required to delineate this area with a physical line on the ground.

#### Regulation .02 Electioneering — Election Offices.

*COMAR 33.07.09.02*

Electioneering is prohibited within the offices of a local board or the State Board:

A. On election day; and

B. At all other times.

#### Regulation .03 Electioneering — Clothing, Buttons, etc., in Polling Place.

*COMAR 33.07.09.03*

A. In General. Except as specified in §B of this regulation, an individual, including any candidate, watcher, or challenger, may not enter the No Electioneering Zone outside a polling place while visibly wearing or carrying any clothing, button, sticker, sign, or other paraphernalia that indicates support or opposition to a candidate, question, or contest.

B. Exception. This regulation does not apply to clothing, buttons, or stickers worn by a voter who, without lingering, enters the polling place, votes, and then leaves.

#### Regulation .04 Exit Polling.

*COMAR 33.07.09.04*

A. In General. Exit polling, whether by questionnaire or interview, is permitted within the No Electioneering Zone outside a polling place, subject to the conditions specified in §B of this regulation.

B. Conditions. A pollster:

  (1) May not enter the voting room;

  (2) May not ask questions of a voter until the voter has left the voting room;

  (3) Shall inform each voter being polled that the voter's participation is voluntary; and

  (4) May not electioneer.

C. Notice Requested.

  (1) Polling organizations are requested to provide the State Administrator or the election director with a list of those polling places that they intend to cover, so that the election judges can be informed.

  (2) Failure to provide this information, however, does not in any way diminish or otherwise affect the rights granted by this regulation.

#### Regulation .05 Reserved.

*COMAR 33.07.09.05*

### Chapter 10 — Non-Voting Hours Procedures

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 11-309, Annotated Code of Maryland

**Administrative History:** Effective date: February 29, 2016 (43:3 Md. R. 334)

**Administrative History:** Regulation .01 amended effective April 27, 2026 (53:8 Md. R. 356)

#### Regulation .01 Ballot Box Return and Inspection.

*COMAR 33.07.10.01*

A. Numbered Seals Required. Any seal used by a local board shall be numbered.

B. Reception Team to Receive. The sealed ballot boxes from the polling places shall be received by a reception team.

C. Marking.

  (1) Each ballot box shall be marked as having been inspected before it is delivered to a ballot reception team; and

  (2) Each ballot box shall be marked with the batch label prior to certification in §D of this regulation.

D. Inspection and Certification.

  (1) The reception team shall:

    (a) Inspect each ballot box and its seal; and

    (b) Prepare and sign a certification of the box’s condition.

  (2) The certification for each box shall include:

    (a) The precinct number;

    (b) The seal number;

    (c) The condition of seal;

    (d) Any defects observed; and

    (e) The batch label.

#### Regulation .02 Ballot Storage.

*COMAR 33.07.10.02*

A. Secure Storage. All voted ballots shall remain in a sealed ballot box until they are authorized to be opened and removed for an audit, recount, judicial challenge, storage, or disposal.

B. Storage Term. All voted ballots shall be retained for at least 22 months after the election.

### Chapter 11 — Election Judges

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 10-201.1, 10-202, 10–203, and 10–205, Annotated Code of Maryland

**Administrative History:** Effective date: November 27, 2023 (50:23 Md. R. 1005)

**Administrative History:** Regulation .01B amended effective September 29, 2025 (52:19 Md. R. 957)

**Administrative History:** Regulation .02D adopted effective March 2, 2026 (53:4 Md. R. 186)

**Administrative History:** Regulation .03 adopted effective November 24, 2025 (52:23 Md. R. 1140)

#### Regulation .01 Definitions.

*COMAR 33.07.11.01*

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

B. Terms Defined.

  (1) “Previously served” means an election judge who:

    (a) Was previously appointed in accordance with Election Law Article, §10-203, Annotated Code of Maryland;

    (b) Completed a term of office; and

    (c) Served in the capacity of an election judge during the term of office in the immediately preceding Statewide primary, general, or special election.

  (2) “Term of office” means the time from appointment to the office of election judge through the Tuesday that is 13 weeks before the next Statewide primary election.

#### Regulation .02 Compensation of Election Judges.

*COMAR 33.07.11.02*

A. Minimum Compensation. For each election judge who has not previously served as an election judge, the compensation for each election day and each early voting day actually served shall be at least $250 per day.

B. Entitlement to Additional Compensation. For each election judge who has previously served as an election judge, the compensation for each election day and each early voting day shall be at least $100 more per day than the compensation provided to an election judge who has not previously served as an election judge.

C. Limitations on Additional Compensation. The following individuals are not entitled to additional compensation, unless previously approved by the election director:

  (1) Elections judges serving in their first term of office;

  (2) Elections judges serving a subsequent term of office, but who only acted as a backup election judge during their first term of office; and

  (3) Individuals who perform election related tasks but are not sworn in as an election judge and appointed as an election judge.

D. Alternative to Compensation. A public high school student who earns hours toward the service-learning requirement for graduation under COMAR 13A.03.02.05 for their time in service as an election judge shall not be compensated for that service under §§A and B of this regulation.

#### Regulation .03 Documentation Required from Election Judges.

*COMAR 33.07.11.03*

A. Election Judge Applications.

  (1) The State Administrator shall prescribe a form to collect information sufficient to determine whether an individual is qualified to serve as an election judge and can fulfill the duties of an election judge.

  (2) Each local board shall require only:

    (a) The State prescribed form from applicants to be election judges; or

    (b) An electronic application form that has been approved by the State Administrator.

B. Service as an Election Judge. In addition to an executed Oath of Election Judge and Rules of Security Behavior, each local board or county government may require only the following forms from election judges to serve and be compensated:

  (1) Either IRS Form W-4 or IRS Form W-9;

  (2) IRS Form I-9;

  (3) Maryland Form MW-507.

### Chapter 12 — Language Assistance Program

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 15.5-104, Annotated Code of Maryland

**Administrative History:** Effective date: March 2, 2026 (53:4 Md. R. 186)

#### Regulation .01 Definitions.

*COMAR 33.07.12.01*

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

B. Terms Defined.

  (1) “Designated language” has the meaning stated in Election Law Article, §15.5–101(b), Annotated Code of Maryland.

  (2) “Licensed translation software services” means a tool or service that provides interpretation of spoken communication between designated languages and English.

  (3) “Limited English proficiency” has the meaning stated in Election Law Article, §15.5–101(c), Annotated Code of Maryland.

  (4) “Translated” means the process of a trained individual converting from one written language to another while preserving the original meaning.

  (5) “Voting materials” has the meaning stated in Election Law Article, §15.5–101(e), Annotated Code of Maryland.

#### Regulation .02 Timing for Determination of Significant Need for Language Assistance.

*COMAR 33.07.12.02*

Not later than 8 months preceding a Statewide primary election, the State Board shall determine whether there is significant need for language assistance in a county.

#### Regulation .03 Designating Forms and Instructions Necessary for Voting.

*COMAR 33.07.12.03*

A. Timing. Not later than 7 months preceding a Statewide primary election, the State Board may determine if forms and instructions not named in Election Law Article, § 15.5–101(e), Annotated Code of Maryland, shall be designated as necessary to voting.

B. Procedure. The State Board shall consider recommendations from the State Administrator when designating forms and instructions necessary to voting.

#### Regulation .04 Notice of Significant Need for Language Assistance.

*COMAR 33.07.12.04*

A. To the Public. Not later than 6 months preceding a Statewide primary election, the State Board shall publish its determinations of significant need for language assistance that includes:

  (1) A list of local boards affected; and

  (2) The designated languages.

B. To Local Government Officials. Not later than 6 months preceding a Statewide primary election, the State Administrator shall provide notice of the determination of significant need for language assistance by the State Board to:

  (1) The local board of elections; and

  (2) The chief financial officer of the jurisdiction.

#### Regulation .05 Local Board Requirements.

*COMAR 33.07.12.05*

Upon determination by the State Board of a significant need for language assistance, the local board shall:

A. No later than 11 weeks preceding a Statewide primary election, post translated, downloadable voting materials in designated languages on its website;

B. Place a State Board approved sign, in each designated language, in each early voting center and polling place;

C. Ensure the availability in each early voting center or polling place of:

  (1) Licensed translation software services; and

  (2) A tool or document that communicates in all designated languages and explains how to use the licensed translation software service;

D. Make a reasonable effort to:

  (1) Recruit election judges who can communicate in designated languages;

  (2) Assign election judges who speak the designated languages to each early voting center;

  (3) Determine which polling places are most likely to serve voters who speak designated languages; and

  (4) Assign election judges who speak the designated languages to work in polling places that are most likely to serve voters who speak designated languages; and

E. Include information about the language assistance program in training materials and programs for election judges and local board of elections staff.

#### Regulation .06 Language Assistance in Addition to Required Assistance.

*COMAR 33.07.12.06*

A. Form.

  (1) The State Board shall:

    (a) Prescribe a form for a local board to request approval to provide language assistance services in addition to those required by Regulation .05 of this chapter; and

    (b) Provide the form to local boards not later than 1 year preceding a Statewide primary election.

  (2) The form shall include questions about:

    (a) The population to be served;

    (b) The proposed services;

    (c) Reasons for the local board’s request; and

    (d) Whether approving the request would impose additional costs or duties on the State Board.

  (3) A local board seeking to provide language assistance services that exceed requirements shall:

    (a) Submit the State Board prescribed form for each additional service or language which it proposes to provide; and

    (b) Request State Board approval at least 6 months preceding a Statewide primary election during which the local board proposes to provide additional language assistance services.

B. Approval of Additional Language Assistance.

  (1) Upon receipt of a form requesting approval to provide additional language assistance, the State Administrator shall review and make a recommendation to the State Board to accept or reject the request.

  (2) The State Board shall:

    (a) Vote on a local board’s proposal within 30 days of receipt of a form requesting approval to provide additional language assistance; and

    (b) Within 2 days of its vote on a request to provide additional language assistance, notify the local board of the outcome of the vote.