Regulation .02 Board Responsibilities.
Regulation .02 Board Responsibilities.LinkCopy Citation
A.
In General.
(1)
The canvass shall be conducted by the local board, in its role as a board of canvassers, as provided in Election Law Article, Annotated Code of Maryland, and this chapter.
(2)
The local board is responsible for enforcing all provisions of Election Law Article, Annotated Code of Maryland, and all rules, regulations, and directives of the State Board that relate to vote canvassing.
(3)
The local board is responsible for requesting a waiver from early canvassing of mail-in ballots, as required by Election Law §11-302(b)(1), Annotated Code of Maryland.
(a)
The waiver request shall:
(i)
Be in writing to the State Administrator;
(ii)
Be submitted no later than 17 days prior to the first day of canvass required by Election Law Article, §11-302-(b)(1), Annotated Code of Maryland; and
(iii)
Include facts sufficient to establish that the basis for the request is not necessary due to the low number of absentee ballots received by the local board or not practicable due to limited resources or other constraints on the local board.
(b)
The State Administrator shall:
(i)
Upon receipt of a request for a waiver, the State Administrator shall review the request and determine whether it is sufficient.
(ii)
Within 5 business days of receiving the request for a waiver, the State Administrator shall notify the local board of the State Administrator’s decision.
(4)
Oath or Affirmation.
(a)
Each member of the local board shall take and subscribe the following oath or affirmation: I, ........, do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of Board of Canvassers, according to the Constitution and Laws of this State.
(b)
The oath or affirmation shall be administered and recorded by the clerk of the circuit court.
(c)
The oath shall expire 35 days after election day.
(5)
Timing of Oath or Affirmation.
(a)
Each member of the local board shall take and subscribe the oath or affirmation not later than 9:00 a.m. 8 business days before the first day of early voting; or
(b)
If a local board of elections has obtained a waiver under Election Law Article, §11-302(b)(1), Annotated Code of Maryland, each member of the local board shall take and subscribe the oath or affirmation, not later than 5:00 p.m. on election day.
B.
Constant Presence, Supervision Required.
(1)
The canvass of votes at the counting center shall be conducted in the presence and under the direct supervision of the local board.
(2)
The board shall be present in the counting center throughout each working session of the canvass.