Chapter 01. Definitions; General Provisions
Regulation .01 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Counting center” means the central location designated by the local board for the canvass of ballots.
(2)
“Election Management System” has the meaning stated in COMAR 33.10.02.01B(10).
(3)
“Totals tape” means the report of result totals that is generated by an optical scan or touchscreen voting unit.
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.
Regulation .02-1 Board Counsel.LinkCopy Citation
A.
Oath or Affirmation Required.
(1)
Each local board counsel 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, serve as counsel to the ........ Board of Canvassers, according to the Constitution and Laws of this State.
(2)
The clerk of the circuit court or chairman of the local board shall administer and record the oath or affirmation in §A(1) of this regulation to the local board counsel.
(3)
The oath or affirmation shall be administered as follows:
(a)
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, not later than 5:00 p.m. on election day.
(4)
The oath shall expire 35 days after election day.
B.
Presence During Decision Sessions.
(1)
During each canvass, the local board’s counsel shall be present at any time the local board is deciding questions or otherwise making decisions on the legality or acceptability of a vote on any ballot, an absentee ballot, provisional ballot application, or provisional ballot.
(2)
The local board may specifically schedule decision periods, if the schedule is announced at the start of each day of the canvass.
C.
The local board's counsel shall be present throughout all canvass sessions if it appears that absentee or provisional ballots could decide the outcome of a contest or a question.
Regulation .03 Substitute Board Members.LinkCopy Citation
A.
Substitution Allowed. Subject to §B of this regulation, substitute members may fill in for regular members at any time during the canvass.
B.
Party Representation. During every session, however, both principal political parties shall always be represented.
Regulation .04 Closing Polls.LinkCopy Citation
After the last individual has voted, as authorized by Election Law Article, §10-301(b), Annotated Code of Maryland, the election judges shall proceed to close the polls and to secure and deliver equipment and materials to the board, as provided in Election Law Article, §§10-314 and 11-202, Annotated Code of Maryland, and in COMAR 33.10.
Regulation .05 Stages of Vote Count.LinkCopy Citation
A.
Election Night—Precinct Count. The precinct count shall be conducted as provided in COMAR 33.10.
B.
Absentee Canvass. The canvass of absentee ballots shall be conducted as provided in:
(1)
This subtitle; and
(2)
COMAR 33.11.
C.
Provisional Canvass. The canvass of provisional ballots shall be conducted as provided in:
(1)
This subtitle; and
(2)
COMAR 33.16.
Regulation .05-1 Notice of Canvass.LinkCopy Citation
A.
Each election director shall provide notice of all absentee canvasses and the provisional canvass by:
(1)
Mail or email sent directly to:
(a)
The chairman of the county central committee of each political party;
(b)
Each candidate who is not a candidate of a political party; and
(c)
The State Administrator; and
(2)
Posting a notice on the local board's website and in a prominent and publicly accessible location at the local board's office.
B.
The election director shall send the notice at least 10 days before the first absentee canvass.
C.
The election director may include the notice for the pre-election public demonstration required by Election Law Article, Subtitle 10, Annotated Code of Maryland, in the notice required under this regulation.
Regulation .06 Working Sessions.LinkCopy Citation
The local board shall determine and announce the:
A.
Time for opening and closing each working session; and
B.
Time and duration of any breaks.
Regulation .07 Public Attendance at Canvass.LinkCopy Citation
Throughout the canvass, all sessions, deliberations, and proceedings shall be open to the public and the media.
Regulation .07-1 Storage of Ballots.LinkCopy Citation
The local board shall keep and store canvassed ballots based on the canvass in which they were canvassed.
Regulation .08 Challenges.LinkCopy Citation
A.
In General.
(1)
An individual who wishes to bring a challenge regarding an action of the local board on an absentee ballot or provisional ballot application shall make the challenge at the time the ballot or application is presented for acceptance or rejection.
(2)
A challenge is waived if the challenge is not made pursuant to §A(1) of this regulation.
B.
Counsel's Presence Required. However, if the board's counsel is not present, the board shall delay any decision on a challenge until the counsel's arrival.
Regulation .09 Voting System Verification.LinkCopy Citation
A local board shall test the voting system as provided in COMAR 33.10 for accuracy.
Regulation .10 Report of Votes Cast.LinkCopy Citation
At times and in the format required by the State Administrator, the election director shall produce:
A.
The total votes cast for all offices and on all questions:
(1)
By precinct for votes cast on election day in a polling place; or
(2)
By county, for votes cast during early voting or by absentee or provisional voting; and
B.
In a primary election:
(1)
The number of ballots voted in each party’s primary; and
(2)
The number of ballots voted in any nonpartisan ballot election.
Regulation .11 Certification of Results.LinkCopy Citation
A.
The local board or State Board, as the case may be, shall certify the election results as provided in Election Law Article, §11-401, 11-501, or 11-603, Annotated Code of Maryland.
B.
Upon receipt of the official returns from a referendum vote concerning a law enacted by the General Assembly, the State Administrator shall certify the results of the vote.
C.
The State Administrator shall forward a copy of the certification to:
(1)
The Clerk of the Court of Appeals; and
(2)
The Department of Legislative Services, so that the Department can carry out its responsibilities under State Government Article, §2-1243(a), Annotated Code of Maryland.
D.
Promptly after receiving certification under Election Law Article, §11-605, Annotated Code of Maryland, of the results of a referendum vote on a law, ordinance, or resolution held in a county, municipal corporation, or other political subdivision, the State Administrator shall forward the certification to the Department of Legislative Services so that the Department can carry out its responsibilities under State Government Article, §2-1243(a), Annotated Code of Maryland.
Regulation .12 Release of Voting Systems.LinkCopy Citation
Once secured, as required by COMAR 33.10, no part of the voting system may be released except:
A.
As specifically authorized by law; or
B.
On the written authorization of the State Administrator.
Regulation .13 Certification Deadlines.LinkCopy Citation
A.
A board of canvassers may not certify and transmit a copy of election results, pursuant to Election Law Article, §11-401(a)(1), Annotated Code of Maryland, until after the deadline for receipt of timely mail-in ballots provided by COMAR 33.11.03.08B(4)(a).
B.
If a board of canvassers is unable to certify election results on the second Friday after election day, the board of canvassers, in consultation with the election director, shall notify in writing the State Board of Elections of the delay.
C.
The notification shall contain:
(1)
Detailed plan on the continuation of the canvass including staffing figures, dates, and hours to be worked;
(2)
The number of outstanding ballots to be canvassed; and
(3)
An anticipated end date for the canvass and certification of election results.
D.
The State Board of Elections has the authority to modify the plan to ensure completion of the canvass and certification of election results in a timely manner for State certification and any post-election audits.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 11-201, 11-301, and 11-302(a), Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.12 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: Regulation .01B amended effective October 29, 2012 (39:21 Md. R. 1381); August 19, 2013 (40:16 Md. R. 1346)
History: Regulation .02B amended as an emergency provision effective May 11, 2020 (47:12 Md. R. 593); emergency provision expired July 31, 2020
History: Regulation .02A amended effective April 19, 2010 (37:8 Md. R. 624) March 31, 2025 (52:6 Md. R. 268); March 2, 2026 (53:4 Md. R. 186)
History: Regulation .02B amended as an emergency provision effective September 4, 2020 (47:20 Md. R. 873); emergency provision expired December 31, 2020
History: Regulation .02B amended effective March 31, 2025 (52:6 Md. R. 268)
History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1595)
History: Regulation .02-1 amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .02-1A amended effective March 2, 2026 (53:4 Md. R. 186)
History: Regulation .02-1B amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .05A amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .05D adopted as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); adopted permanently effective October 14, 2002 (29:20 Md. R. 1595)
History: Regulation .05-1 adopted effective October 19, 2009 (36:21 Md. R. 1595)
History: Regulation .05-1A amended effective November 24, 2025 (52:23 Md. R. 1140)
History: Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .07-1 adopted effective October 19, 2009 (36:21 Md. R. 1595)
History: Regulation .08A amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .09 amended effective April 19, 2010 (37:8 Md. R. 624); November 24, 2025 (52:23 Md. R. 1140)
History: Regulation .10 amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .10A amended effective January 16, 2006 (33:1 Md. R. 41)
History: Regulation .10 repealed and new Regulation .10 adopted effective October 29, 2012 (39:21 Md. R. 1381)
History: Regulation .11 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)
History: Regulation .12B amended effective April 19, 2010 (37:8 Md. R. 624)
History: Regulation .13 adopted effective November 24, 2025 (52:23 Md. R. 1140)