<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 33.08.01.02" title_num="33" subtitle_num="08" chapter_num="01" heading="Board Responsibilities.">
  <paragraph num="A.">
    <text>In General.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
      <paragraph num="(a)">
        <text>The waiver request shall:</text>
        <paragraph num="(i)">
          <text>Be in writing to the State Administrator;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>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.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The State Administrator shall:</text>
        <paragraph num="(i)">
          <text>Upon receipt of a request for a waiver, the State Administrator shall review the request and determine whether it is sufficient.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Oath or Affirmation.</text>
      <paragraph num="(a)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The oath or affirmation shall be administered and recorded by the clerk of the circuit court.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The oath shall expire 35 days after election day.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Timing of Oath or Affirmation.</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Constant Presence, Supervision Required.</text>
    <paragraph num="(1)">
      <text>The canvass of votes at the counting center shall be conducted in the presence and under the direct supervision of the local board.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The board shall be present in the counting center throughout each working session of the canvass.</text>
    </paragraph>
  </paragraph>
</regulation>