# COMAR Title 33 — State Board of Elections

## Subtitle 11 — Absentee Ballots

### Chapter 01 — Definitions; General Provisions

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 2-304, 2-305, 3-202.1, 9-303, 9-305, 9-306, 11-301, 11-302, and 11-304, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01, .02 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709)

**Administrative History:** Regulation .01B amended effective May 31, 2010 (37:11 Md. R. 768); August 19, 2013 (40:16 Md. R. 1346); September 16, 2013 (40:18 Md. R. 1480); January 13, 2020 (47:1 Md. R. 19); December 13, 2021 (48:25 Md. R. 1081)

**Administrative History:** Regulation .03 adopted effective May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .04 adopted effective April 4, 2022 (49:7 Md. R. 469)

**Administrative History:** Regulation .04A, C amended effective November 24, 2025 (52:23 Md. R. 1140

**Administrative History:** Regulation .04D— F adopted effective April 15, 2024 (51:7 Md. R. 335)

**Administrative History:** Regulation .05 adopted effective September 29, 2025 (52:19 Md. R. 957)

#### Regulation .01 Definitions.

*COMAR 33.11.01.01*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Absentee ballot bag” means the bag designated by the State Administrator for the collection of absentee ballots at an early voting center or polling place.

  (2) “Absent uniformed services voter” has the meaning stated in 42 U.S.C. §1973ff-6.

  (3) “Authorized agent” means an individual who:

    (a) Is 18 years old or older;

    (b) Is not a candidate on the voter's ballot; and

    (c) Has been authorized in writing, signed by the voter under penalty of perjury, to act on the voter's behalf.

  (4) “Common access card” has the meaning stated in Election Law Article, §3-202.1, Annotated Code of Maryland.

  (5) “Electronic transmission” means transmission by:

    (a) Email;

    (b) Internet; or

    (c) Facsimile.

  (6) “Federal post card application” has the meaning stated in Election Law Article, §3-202.1, Annotated Code of Maryland.

  (7) “Federal Write-in Absentee Ballot” means a write-in absentee ballot for use in elections conducted under Election Law Article, Annotated Code of Maryland, by an absent uniformed services voter or an overseas voter.

  (8) “Overseas voter” has the meaning stated in 42 U.S.C. §1973ff-6.

  (9) “Return envelope” means the envelope used by the voter to return a voted absentee ballot.

  (10) “Uniformed services” has the meaning stated in 42 U.S.C. §1973ff-6.

#### Regulation .02 Emergency Procedures.

*COMAR 33.11.01.02*

A. Scope. This regulation applies if:

  (1) A national or local emergency arises, such as a natural disaster or an armed conflict; and

  (2) The emergency makes it impossible or unreasonable to comply fully with:

    (a) This subtitle; or

    (b) The Uniformed and Overseas Citizens Absentee Voting Act.

B. Emergency Procedures Authorized. The State Board may issue special procedures or requirements as appropriate to facilitate absentee voting by all those who might be affected by the emergency and are otherwise eligible to vote.

C. Limitations. A special procedure issued under this regulation may not waive any requirement expressly set by statute.

#### Regulation .03 Designated Means of Electronic Communications for Certain Voters.

*COMAR 33.11.01.03*

A. As required by federal law, the State Board designates the agency's general email address, website, and facsimile number as the means of electronic communication for voters authorized to vote under the Uniformed and Overseas Citizens Absentee Voting Act.

B. The designated means of electronic communication shall be used to:

  (1) Request a formal application;

  (2) Send or obtain the appropriate formal application; and

  (3) Provide voting, balloting, and election information.

#### Regulation .04 Ballot Drop Boxes.

*COMAR 33.11.01.04*

A. Factors for Determining Ballot Drop Box Locations. A local board shall use the following factors when determining the location of a ballot drop box:

  (1) Accessibility of the ballot drop box to historically disenfranchised communities, including voters with disabilities, cultural groups, ethnic groups, and minority groups;

  (2) Proximity of the ballot drop box to dense concentrations of voters such that:

    (a) If a county has fewer than 200,000 registered voters, 75 percent of the registered voters in the county live within 10 miles of a proposed ballot drop box; or

    (b) If a county has 200,000 or more registered voters, 90 percent of the registered voters live within 5 miles of a proposed ballot drop box.

  (3) Accessibility of the ballot drop box by public transportation; and

  (4) Ensuring equitable geographic distribution of ballot drop boxes throughout the county.

B. Requirements for Ballot Drop Boxes Locations.

  (1) Each ballot drop box location shall have security cameras to monitor the box at all times.

  (2) The images from each security camera shall be made available to the local board immediately or within a reasonable amount of time of a request from the State Administrator or local board.

C. Approval Process for Ballot Drop Box Plan.

  (1) The State Administrator shall:

    (a) Prescribe a form for a local board to use to provide information about a proposed ballot drop box; and

    (b) Provide each local board with the form at least 9 months before a primary election.

  (2) The form shall:

    (a) Include questions related to whether the proposed ballot drop box meets the factors and requirements defined in §§A and B of this regulation; and,

    (b) If a proposed ballot drop box does not satisfy all of the factors defined in §A of this regulation, allow the local board to list other locations that were considered and why they were not proposed and describe the factors that mitigate the fact that the proposed ballot drop box location does not meet the factors defined in §A of this regulation.

  (3) At least 7 months before a primary election, the local board shall submit a ballot drop box plan to the State Administrator including:

    (a) A form for each proposed ballot drop box; and

    (b) Forms for all proposed ballot drop boxes at the same time.

  (4) The State Administrator shall approve a proposed location that meets the factors defined in §A of this regulation.

  (5) If the State Administrator determines that a proposed ballot drop box plan does not meet the factors defined in §A of this regulation, before the ballot drop box plan is submitted to the State Board:

    (a) Within 2 days of making the determination, the State Administrator shall provide the local board with a detailed explanation of why the proposed plan does not meet the factors;

    (b) The State Administrator shall request that the local board reconsider the proposed location for one or more ballot drop boxes and propose one or more other locations that meet the factors defined in §A of this regulation; and

    (c) Within 7 days of receiving the State Administrator's detailed explanation, the local board shall:

      (i) Propose one or more locations that meet the factors defined in §A of this regulation; or

      (ii) Explain why a location that meets the factors defined in §A of this regulation cannot be proposed and propose the location of an additional ballot drop box.

  (6) The State Administrator may add additional ballot drop box locations:

    (a) If, after reconsideration and resubmission by the local board pursuant to §C(5) of this regulation, the State Administrator determines that the proposed ballot drop box location does not meet the factors in §A of this regulation;

    (b) If a local board of elections proposes fewer drop boxes than in a previously comparable statewide election and fails to justify the reduction in drop boxes in reference to the factors in §A, it is presumed that the factors defined in §A are not sufficiently met.

D. Electioneering Boundary.

  (1) The local board shall post signs delineating an area around each ballot box where a person may not electioneer. A local board is not required to delineate this area with a physical line on the ground.

  (2) Except as provided in §D(3) of this regulation, the line shall be located as near as practicable to 50 feet from the ballot box after consideration of the placement of the ballot box and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.

  (3) If the ballot box is placed within the electioneering boundary of a polling place, the line for the ballot box shall be the electioneering boundary of the polling place.

  (4) The signs shall contain the words “No Electioneering Beyond this Point.”

E. Electioneering Activities.

  (1) The following activities are not permitted within the electioneering boundary set forth in §D of this regulation:

    (a) Electioneering by individuals; or

    (b) Observing or recording voter activities by a group of affiliated individuals.

  (2) An individual observing a ballot box or recording activities within the electioneering boundary set forth in §D of this regulation is not electioneering if the person is not communicating with, questioning, or otherwise interfering with voters dropping off materials at a ballot box.

F. Other Activities.

  (1) Except as provided in §F(2) of this regulation, an individual may not visibly possess, visibly carry, or brandish a firearm within the electioneering boundary set forth in §D of this regulation.

  (2) A law enforcement officer or security guard who is on duty or traveling to or from duty may enter the electioneering boundary set forth in §D of this regulation to drop off materials at a ballot box.

  (3) A person may observe an election official remove materials from the ballot box if the person does not interfere with the process.

#### Regulation .05 Absent Uniformed Services Voters and Overseas Voters in Special Elections.

*COMAR 33.11.01.05*

A. The State Board shall provide notice to absent uniformed services voters and overseas voters concerning a special election as follows:

  (1) In a vote by mail special election under COMAR §33.21.01—.08, by sending an absentee ballot to all absent uniformed service voters and overseas voters; or

  (2) In a special election that is not conducted as a vote by mail election, by providing notice to a major news outlet and social media.

B. Absent uniform service voters and overseas voters may request an absentee ballot as provided in COMAR §33.11.02.01—.04.

C. Absent uniform service voters and overseas voters may request delivery of an absentee ballot for a special election using any of the following methods to ensure timely return:

  (1) By mail, including a postage paid return envelope;

  (2) By email; or

  (3) By fax.