# COMAR Title 33 — State Board of Elections

## Subtitle 11 — Absentee Ballots

### Chapter 02 — Applications

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 3-202.1, 9-303, 9-305, 9-306, 11-301, and 11-302;Public Safety Article, §14-107(d); Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 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 .01 amended effective September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .01A amended effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .01C—F adopted effective May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .01D amended effective January 13, 2022 (49:1 Md. R. 16)

**Administrative History:** Regulation .01F amended effective June 25, 2012 (39:12 Md. R. 746)

**Administrative History:** Regulation .02 amended effective May 31, 2010 (37:11 Md. R. 768); September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .02A, B amended effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .03 amended effective May 31, 2010 (37:11 Md. R. 768); December 13, 2021 (48:25 Md. R. 1081)

**Administrative History:** Regulation .03A, B amended effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .03B 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)

**Administrative History:** Regulation .03B amended effective August 19, 2013 (40:16 Md. R. 1346); April 18, 2022 (49:8 Md. R. 501)

**Administrative History:** Regulation .03E amended effective September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .04 amended effective September 16, 2013 (40:18 Md. R. 1480)

**Administrative History:** Regulation .04B, C amended effective May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .05 amended effective May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .05A amended as an emergency provision effective October 13, 2020 (47:23 Md. R. 976); emergency provision expired December 31, 2020

**Administrative History:** Regulation .05A amended effective April 18, 2022 (49:8 Md. R. 501)

**Administrative History:** Regulation .05B amended effective December 13, 2021 (48:25 Md. R. 1081)

**Administrative History:** Regulation .06 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)

**Administrative History:** Regulation .06 amended effective May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .06B amended effective August 19, 2013 (40:16 Md. R. 1346)

**Administrative History:** Regulation .07 adopted effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .07 amended effective May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .07A 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)

#### Regulation .01 In General.

*COMAR 33.11.02.01*

A. Qualification. A registered voter may apply for and vote by an absentee ballot if:

  (1) The voter is qualified under Election Law Article, §9-304 or §10-102, Annotated Code of Maryland; and

  (2) The voter satisfies any identification requirement under Regulation .07 of this chapter.

B. Methods of Applying. An application for an absentee ballot may be made by:

  (1) Formal request, as provided in Regulation .02 of this chapter;

  (2) Informal, written request, as provided in Regulation .03 of this chapter; or

  (3) In-person request, as provided in Regulation .04 of this chapter.

C. Requests for Application. A local board shall accept requests for a formal application sent by mail or electronic transmission.

D. Timely Request.

  (1) A request is timely if the local board receives the request by the applicable deadline in §D(2) of this regulation.

  (2) If voter’s request was submitted:

    (a) By electronic submission and the voter requested the absentee ballot be sent by:

      (i) Mail or facsimile, the request must be received on or before 11:59:59 p.m. on the Tuesday before the election; or

      (ii) Internet, the request must be received on or before 11:59:59 p.m. on the Friday before the election;

    (b) By mail or via a ballot drop box and the voter requested the absentee ballot be sent by:

      (i) Mail or facsimile, the request must be received by mail or deposited into a ballot drop box on or before 8 p.m. on the Tuesday before the election; or

      (ii) Internet, the request must be received by mail or deposited into a ballot drop box on or before 5 p.m. on the Friday before the election; or

    (c) In person by the voter or the voter’s authorized agent, the request must be received on or before 8 p.m. on election day.

E. Third-Party Submission. An individual or organization receiving a completed absentee ballot application from a voter shall submit the application to the appropriate local board within 2 business days of receiving the application or by the deadline to submit an absentee ballot application established in §D(2) of this regulation, whichever occurs first.

F. Early Submission. An election director may not reject an otherwise valid absentee ballot application submitted by a voter solely because the application was submitted before the Statewide voter registration system is ready to accept an absentee ballot application for that election.

G. Duration of Absentee Ballot Application. An absentee ballot application shall only apply to the elections specified by the voter but shall be limited to the upcoming primary and general election and any special election within the calendar year in which the primary and general election occurs.

#### Regulation .02 Formal Request.

*COMAR 33.11.02.02*

A. In General. A formal request for an absentee ballot may be made to a local board only:

  (1) On the paper or the online version of the absentee ballot application prescribed by the State Board; or

  (2) On a form provided under federal law.

B. Dissemination of Forms.

  (1) Local boards and others may reproduce and distribute the form prescribed by the State Board, but only if they do so without altering that form.

  (2) Website Posting.

    (a) The State Board shall post on its website the paper version of the absentee ballot application and provide a link to the online absentee ballot application.

    (b) A local board, on its website, shall post the paper version of the absentee ballot application and link to the online version of the absentee ballot application on the State Board's website.

    (c) The absentee ballot application shall be posted in a way that precludes altering its content.

  (3) Absentee Ballot Application Transmission.

    (a) If a voter requests an absentee ballot application, the local board shall send, by the voter's preferred method of transmission, the appropriate form to the voter.

    (b) If the voter does not specify how the voter wishes to receive the absentee ballot application, the local board shall mail and transmit by any other available means the appropriate form to the voter.

C. Online Absentee Ballot Application—Voter Authentication.

  (1) The online absentee ballot application shall authenticate each voter.

  (2) Except as provided in §C(3) of this regulation, each voter shall enter:

    (a) The voter’s driver’s license or MVA identification card number;

    (b) The date the voter’s driver’s license or identification card was issued; and

    (c) The last four digits of the voter’s Social Security number.

  (3) If a voter is an absent uniformed services voter or an overseas voter who does not have a Maryland driver’s license or MVA identification card number, the voter shall enter the last four digits of the voter’s Social Security number.

  (4) The online absentee ballot application shall immediately verify the information required in §C(2) of this regulation with information on file with MVA.

    (a) If the MVA verifies the information, the voter may submit the online absentee ballot application.

    (b) If the MVA cannot verify the information, the voter shall submit the paper version of the absentee ballot application.

D. Electronic Transmissions.

  (1) A local board may issue and receive applications by electronic transmission.

  (2) If an application is received by email, the application must be signed by the voter.

E. Deadline for Receipt of Application. An application under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter.

F. Incomplete Information. If an application is timely, but any of the required information is missing, the election director shall attempt to contact the voter to correct the omission.

#### Regulation .03 Informal, Written Request.

*COMAR 33.11.02.03*

A. In General.

  (1) An informal, written request for an absentee ballot may be made to a local board.

  (2) The written request may be in any form as long as it contains all the information required by this regulation.

B. Contents of Request. The request shall include the:

  (1) Voter's name, residence address, and telephone number;

  (2) Voter's date of birth;

  (3) Address to which the ballot is to be mailed, if different from the residence address;

  (4) Voter's signature; and

  (5) If the voter wants to receive an electronic ballot:

    (a) Voter's driver's license or Maryland identification card number, the date the voter's driver's license or identification card was issued, and the last four digits of the voter's Social Security number; or

    (b) if the voter is an absent uniformed services voter or an overseas voter who does not have a Maryland driver's license or MVA identification card number, the last four digits of the voter's Social Security number.

C. Preprinted Form.

  (1) Except as provided in §B(5)(b) of this regulation, in the case of a preprinted form other than a form authorized by Regulation .02 of this chapter, the deadline for the receipt of an absentee ballot application.

  (2) The deadline for the receipt of an absentee ballot application is not required on a declaration accompanying the Federal Write-in Absentee Ballot.

D. Third-Party Forms. An individual or organization creating a form other than a form authorized by Regulation .02 of this chapter shall consider printing the form on non-glossy, white paper to improve the form's readability by the local board.

E. Electronic Transmissions.

  (1) The request may be submitted to the local board by electronic transmission.

  (2) If a request is received by email, the request must be signed by the voter.

F. Deadline for Receipt of Request. A request under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter.

G. Incomplete Information. If a request is timely, but any of the required information is missing, the election director shall attempt to contact the voter to correct the omission.

#### Regulation .04 In-Person Request.

*COMAR 33.11.02.04*

A. In General.

  (1) A voter or a voter’s authorized agent may submit a request for an absentee ballot at the local board.

  (2) A request under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter.

B. Issuance of Application.

  (1) If a would-be authorized agent requests an application on a voter's behalf, but the voter has not yet signed a written agent authorization under penalty of perjury, the election director shall:

    (a) Provide the would-be agent with the form voter to sign;

    (b) On return of the signed application, issue the appropriate ballot to the agent; and

    (c) Accept the returned ballot on:

      (i) The agent's execution of the affidavit required by Election Law Article, §9-307(b)(4), Annotated Code of Maryland; and

      (ii) Compliance with all other requirements of law or regulation for absentee ballots.

  (2) If an individual presents a signed letter from a voter that contains both the information required by Regulation .03B of this chapter and an agent authorization under penalty of perjury, the election director shall:

    (a) Scan into the Statewide voter registration system the letter as the authorization document for issuing a ballot;

    (b) Issue the appropriate ballot to the agent; and

    (c) Accept the returned ballot on:

      (i) The agent's execution of the affidavit required by Election Law Article, §9-307(b)(4), Annotated Code of Maryland; and

      (ii) Compliance with all other requirements of law or regulation for absentee ballots.

#### Regulation .05 Processing Applications — In General.

*COMAR 33.11.02.05*

A. Date Stamp.

  (1) Except as provided in §A(2) of this regulation, whenever an application is received by a local board office, the election director shall stamp it with the date received.

  (2) An application need not be stamped if:

    (a) It is received on or before the Friday before the deadline to request an absentee ballot by mail, provided that the election director stores the application in a container labeled with the date the application was received;

    (b) It is received by electronic transmission; and

    (c) One of the following conditions is met:

      (i) If received by fax, the receiving fax machine automatically prints the correct date and time received; or

      (ii) If received by email, the date and time the email was received is included in the printed version of the email.

B. Review.

  (1) The election director shall:

    (a) Review each application for an absentee ballot;

    (b) Accept any federal post card application by an absent uniformed services voter or overseas voter that is signed using a common access card;

    (c) If the election director determines that the voter resides in another county, send by electronic transmission the application to the appropriate local board; and

    (d) Accept or reject the application as provided in Election Law Article, §9-306, Annotated Code of Maryland, and this subtitle.

  (2) If an election director rejects an absentee ballot application, the election director shall:

    (a) If the application was submitted by an absent uniformed services voter or overseas voter, provide the voter with the reason for the rejection;

    (b) If the applicant is not registered to vote, provide the applicant with access to a voter registration application; and

    (c) If the applicant submitted an improper application before the application deadline established in Regulation .03 of this chapter, provide the applicant with access to the formal application defined in Regulation .02 of this chapter.

  (3) If the election director rejects an application, the applicant may appeal that decision to the local board.

C. Priority Processing. Once absentee ballots become available, the election director shall give priority to:

  (1) Applications or requests submitted by absent uniformed voters and overseas voters; and

  (2) Issuing and transmitting absentee ballots to absent uniformed voters and overseas voters.

D. Filing. The election director shall process all applications so that, in the event of a challenge, applications can be matched with the appropriate ballot envelopes.

#### Regulation .06 Processing Applications — Change of Name, Address, or Party Affiliation.

*COMAR 33.11.02.06*

A. In General. Except as provided in §B of this regulation, if a completed application indicates a change of name, address, or party affiliation from that in the Statewide voter registration list, the election director shall:

  (1) Process the change;

  (2) Send, by nonforwardable mail, the applicant a voter notification card (VNC) that reflects the change; and

  (3) If the change is in the applicant's address:

    (a) Issue the applicant a ballot appropriate to the new address; and

    (b) Provide that ballot to the address as requested on the application.

B. During Closed Period. If the application is received during a period when voter registration is closed and:

  (1) Includes a new address, the election director shall:

    (a) If the voter moved:

      (i) Before registration closed, issue the applicant a ballot appropriate to the new address; or

      (ii) After registration closed, issue the applicant a ballot appropriate to the address where the applicant resided when registration closed; and

    (b) Provide that ballot to the address as requested on the application; or

  (2) Includes a change of name or party affiliation, the election director may not process the change until voter registration reopens.

#### Regulation .07 Identification Requirements.

*COMAR 33.11.02.07*

A. Scope. This regulation applies only to an absentee voter who:

  (1) Registered to vote in Maryland after January 1, 2003;

  (2) Submitted the voter registration application by mail or is required to provide personal identification information to complete a verification inquiry under COMAR 33.05.04.04;

  (3) Is voting in Maryland for the first time after January 1, 2004; and

  (4) Is not entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, or to vote otherwise than in person under §3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act or any other federal law.

B. Identification Required. Except as provided in §D of this regulation, an individual covered by this regulation shall submit with the absentee ballot application or with the absentee ballot a copy of personal identification information.

C. Requirement Satisfied. An individual is not required to submit a copy of personal identification information under §C of this regulation if:

  (1) The State Board has matched with an existing State identification record the individual's name, date of birth, and the Motor Vehicle Administration identification number or at least the last four digits of the Social Security number provided by the individual on or with the voter registration application; or

  (2) The individual has previously submitted to the local board a copy of personal identification information.

D. Fail-Safe Provision. If an individual covered by this regulation submits an absentee ballot and has not submitted required personal identification information by the beginning of the absentee ballot canvass, the absentee ballot shall be treated as a provisional ballot properly applied for and shall be canvassed insofar as possible under the procedures in COMAR 33.16.05.05, 33.16.05.06, and 33.16.06.