# COMAR Title 33 — State Board of Elections

## Subtitle 07 — Election Day Activities

### 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**Administrative History:** Regulation .04 repealed as an emergency provision effective June 1, 2020 (47:13 Md.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.