<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 33.11.03.06" title_num="33" subtitle_num="11" chapter_num="03" heading="Return of Ballot.">
  <paragraph num="A.">
    <text>Date Stamp Return Envelope.</text>
    <paragraph num="(1)">
      <text>Except as provided in §A(2) of this regulation, whenever an absentee ballot is received by a local board office, the election director shall stamp the return envelope with the date received.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The election director shall:</text>
      <paragraph num="(a)">
        <text>Stamp the return envelope with the date received if the local board received the return envelope on the day before the election or any day thereafter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Store the return envelopes in a container labeled with the date the ballots were received.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Ballots Returned Without Return Envelope. If an absentee ballot is returned in an envelope other than the envelope provided by the local board and the envelope was opened during the normal process of opening mail, the election director shall immediately:</text>
    <paragraph num="(1)">
      <text>Tape the envelope closed;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Initial the tape and write “Absentee” on the envelope; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Stamp the envelope with the date received.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Ballots Returned Without a Signed Oath.</text>
    <paragraph num="(1)">
      <text>Except as provided in §C(3) of this regulation, if an absentee ballot is timely received but the voter did not sign the required oath, the election director shall:</text>
      <paragraph num="(a)">
        <text>As soon as practicable, but not later than 3 business days after the election director determines that the voter failed to sign the oath, notify the voter that the voter did not sign the oath; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Explain how the voter can provide a signed oath and when the signed oath must be received for the voter's ballot to be accepted.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Method of Notification.</text>
      <paragraph num="(a)">
        <text>The election director shall notify the voter using the voter's preferred method of communication, as indicated on the voter's form, to request the ballot.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the notice is not delivered using the voter's preferred method of communication, the election director shall use another means to notify the voter.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If an absentee ballot is timely received on or after the second Wednesday after an election (and the ballot was otherwise completed and mailed on or before election day, as established by Regulation .08B(4)(b) of this chapter, the election director shall make reasonable efforts to comply with §C(1) and (2) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Method of Communication with Local Board.</text>
      <paragraph num="(a)">
        <text>A voter may choose to communicate with the local board to correct the failure to sign the oath by text, email, portal, mailed form, and in-person visit to the local board.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A voter may sign the oath by email, SBE-approved text application, mail, in-person visit to the local board, or other means offered by the State Board.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Ballots Returned to Wrong Election Office.</text>
    <paragraph num="(1)">
      <text>If an absentee ballot is received by the wrong election office, that office shall immediately:</text>
      <paragraph num="(a)">
        <text>Stamp the envelope with the date received; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Send the ballot to the appropriate local board office, with the ballot envelope unopened and, except for the date stamp, unmarked and unchanged in any way.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The date stamped on the envelope under §C(1)(a) of this regulation is the official date of receipt of that ballot.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Ballot Return Envelope Returned Without an Absentee Ballot.</text>
    <paragraph num="(1)">
      <text>If upon receipt of a ballot return envelope it is determined by the local board that there is no ballot contained in the envelope, the election director shall:</text>
      <paragraph num="(a)">
        <text>If the identity of the voter can be determined:</text>
        <paragraph num="(i)">
          <text>As soon as practicable, but not later than 3 business days after the election director determines that the voter failed to return a ballot, notify the voter that the voter did not return a ballot; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Explain how the voter can provide their voted ballot, and explain when the ballot must be received for the voter's ballot to be counted; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>If the voter identity cannot be determined, document that on the return envelope.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Method of Notification.</text>
      <paragraph num="(a)">
        <text>The election director shall notify the voter using the voter's preferred method of communication, as indicated on the voter's form, to request the ballot.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the notice is not delivered or cannot be delivered timely using the voter's preferred method of communication, the election director shall use another means to notify the voter.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If an absentee ballot envelope is not received on or before election day, as established by Regulation .08B(4)(b) of this chapter, the election director need not comply with §E(1) and (2) of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Ballots in Return Envelope with Request for Personal Identification Information. A return envelope marked with a request for personal identification information shall be considered a provisional ballot and canvassed under COMAR 33.16.05.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Ballots Returned at an Early Voting Center or Polling Place. Whenever an absentee ballot is received at an early voting center or polling place, a chief judge or designee shall:</text>
    <paragraph num="(1)">
      <text>Instruct the voter to put the voted absentee ballot into the absentee ballot bag;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensure the security of the absentee ballot bag; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Return the absentee ballot bag to the local board of elections at the end of voting hours each day of early voting and on election day.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Ballots Returned at a Designated Ballot-Return Location.</text>
    <paragraph num="(1)">
      <text>A voter can return a voted ballot at a ballot drop box designated by the local board to serve as ballot-return locations.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The ballot drop box shall:</text>
      <paragraph num="(a)">
        <text>Be designed to prevent an individual from accessing voted ballots once deposited;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Include a statement that tampering with ballots is a crime; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Include the State Board's phone number.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The local board shall retrieve ballots and any other election materials according to chain of custody procedures issued by the State Administrator.</text>
    </paragraph>
  </paragraph>
</regulation>