Chapter 07. Challengers or Watchers
Regulation .01 Designating Entities.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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 annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 10-303, and 10-311, Annotated Code of Maryland
History: Effective date:
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)
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)
History: Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 623)
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)
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)
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)
History: Chapter, Challenging Voters, recodified from COMAR 33.07.07 to 33.07.08 effective March 19, 2012 (39:5 Md. R. 384)
History: Regulations .01—.04 under new chapter, Challengers or Watchers adopted effective March 19, 2012 (39:5 Md. R. 384)
History: Regulation .01C amended effective July 23, 2012 (39:14 Md. R. 839)
History: Regulation .01D amended effective April 15, 2024 (51:7 Md. R. 334)
History: Regulation .02C amended effective July 23, 2012 (39:14 Md. R. 839)