# COMAR Title 33 — State Board of Elections

## Subtitle 11 — Absentee Ballots

### Chapter 03 — Issuance and Return

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 2-305, 9-303, 9-305, 9-306, 9-310, 11-301, 11-302, and 11-304, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.08 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 .01A amended effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .02 amended effective May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .02B amended effective November 24, 2003 (30:23 Md. R. 1655); April 15, 2024 (51:7 Md. R. 334)

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

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

**Administrative History:** Regulation .04A amended effective January 16, 2006 (33:1 Md. R. 42)

**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 .06 amended effective May 31, 2010 (37:11 Md. R. 768); December 13, 2021 (48:25 Md. R. 1081); September 29, 2025 (52:19 Md. R. 957)

**Administrative History:** Regulation .06A amended as an emergency provision effective September 4, 2020 (47:20 Md. R. 873)

**Administrative History:** Regulation .06A amended effective April 18, 2022 (49:8 Md. R. 501)

**Administrative History:** Regulation .06C 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 .06C amended as an emergency provision effective July 18, 2022 (49:17 Md. R. 788); emergency provision expired

**Administrative History:** Regulation .06C amended effective December 12, 2022 (49:25 Md. R. 1052); April 15, 2024 (51:7 Md. R. 335)

**Administrative History:** Regulation .06E adopted effective January 13, 2020 (47:1 Md. R. 19)

**Administrative History:** Regulation .06E amended as an emergency provision effective June 1, 2020 (47:13 Md. R. 640); emergency provision expired July 31, 2020

**Administrative History:** Regulation .06F adopted as an emergency provision effective September 4, 2020 (47:20 Md. R. 873); emergency provision expired December 31, 2020

**Administrative History:** Regulation .06G adopted effective April 18, 2022 (49:8 Md. R. 501)

**Administrative History:** Regulation .07B 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 .07B amended effective February 29, 2016 (43:4 Md. R. 335)

**Administrative History:** Regulation .08B 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 .08B amended effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .08B amended as an emergency provision effective January 2, 2004 (30:24 Md. R. 1738); amended permanently effective March 1, 2004 (31:4 Md. R. 319)

**Administrative History:** Regulation .08B amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1868)

**Administrative History:** Regulation .08B amended as an emergency provision effective June 21, 2006 (33:15 Md. R. 1277); amended permanently effective September 25, 2006 (33:19 Md. R. 1562)

**Administrative History:** Regulation .08B amended as an emergency provision effective July 27, 2007 (34:18 Md. R. 1578)

**Administrative History:** Regulation .08B amended effective September 24, 2007 (34:19 Md. R. 1650); March 19, 2012 (39:5 Md. R. 385); August 19, 2013 (40:16 Md. R. 1346); January 13, 2020 (47:1 Md. R. 19)

**Administrative History:** Regulation .08B amended as an emergency provision effective June 1, 2020 (47:13 Md. R. 640); emergency provision expired July 31, 2020

**Administrative History:** Regulation .08B amended as an emergency provision effective September 4, 2020 (47:20 Md. R. 873); emergency provision expired December 31, 2020

**Administrative History:** Regulation .08B amended effective January 13, 2022 (49:1 Md. R. 16); April 15, 2024 (51:7 Md. R. 334)

**Administrative History:** Regulation .08C amended effective March 2, 2026 (53:4 Md. R. 186)

#### Regulation .01 Ballot Content.

*COMAR 33.11.03.01*

The content of the absentee ballot issued to a voter shall:

A. Be identical to the ballot used in the precinct of the voter's residence; and

B. Contain in a clear space at the top the words “Official Ballot” printed in large letters.

#### Regulation .02 Updating Election Register.

*COMAR 33.11.03.02*

A. Update Required. The election register must include information about all absentee ballots issued to voters before the register is created.

B. Voting in Person After Receiving Absentee Ballot. A voter who has been issued an absentee ballot may cast a provisional ballot at:

  (1) The polling place for the precinct of the voter’s residence on election day; or

  (2) The early voting center in the voter’s county of residence during early voting.

#### Regulation .03 Ballot Instructions.

*COMAR 33.11.03.03*

A. Instructions Required. Absentee ballots shall be accompanied by instructions for marking and returning the ballots.

B. Form and Content. The form and content of the instructions shall be as the State Board prescribes.

C. Required Information. The State designated means of electronic communication shall be included in the instructions.

#### Regulation .04 Envelopes.

*COMAR 33.11.03.04*

A. Outgoing Envelopes. Absentee ballots sent by mail shall be enclosed in specially printed envelopes.

B. Return Envelopes.

  (1) If an absentee ballot is sent by mail, the mailing shall include an envelope for the voter to use to return the voted ballot.

  (2) If an absentee ballot is sent by electronic transmission, the transmission shall include an envelope template showing the voter how to address the return envelope.

C. Form and Content. The form and content of the envelopes shall be as the State Board prescribes.

D. Request for Personal Identification Information on Return Envelope. If an individual is required to show personal identification information under COMAR 33.11.02.07, the absentee ballot mailing shall clearly indicate that personal identification information is required.

#### Regulation .05 Issuance of Ballots.

*COMAR 33.11.03.05*

A. Transmission of Absentee Ballot.

  (1) An absentee ballot shall be transmitted, to the extent practicable, by the method requested by the voter.

  (2) If the voter does not specify how the voter would like to receive an absentee ballot, the local board shall mail and transmit by any other available means the absentee ballot to the voter.

B. An absentee ballot may be issued only to the voter or the voter's authorized agent.

#### Regulation .06 Return of Ballot.

*COMAR 33.11.03.06*

A. Date Stamp Return Envelope.

  (1) 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.

  (2) The election director shall:

    (a) 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

    (b) Store the return envelopes in a container labeled with the date the ballots were received.

B. 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:

  (1) Tape the envelope closed;

  (2) Initial the tape and write “Absentee” on the envelope; and

  (3) Stamp the envelope with the date received.

C. Ballots Returned Without a Signed Oath.

  (1) 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:

    (a) 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

    (b) 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.

  (2) Method of Notification.

    (a) 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.

    (b) 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.

    (c) 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.

  (3) Method of Communication with Local Board.

    (a) 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.

    (b) 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.

D. Ballots Returned to Wrong Election Office.

  (1) If an absentee ballot is received by the wrong election office, that office shall immediately:

    (a) Stamp the envelope with the date received; and

    (b) 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.

  (2) The date stamped on the envelope under §C(1)(a) of this regulation is the official date of receipt of that ballot.

E. Ballot Return Envelope Returned Without an Absentee Ballot.

  (1) 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:

    (a) If the identity of the voter can be determined:

      (i) 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

      (ii) 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

    (b) If the voter identity cannot be determined, document that on the return envelope.

  (2) Method of Notification.

    (a) 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.

    (b) 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.

    (c) 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.

F. 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.

G. 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:

  (1) Instruct the voter to put the voted absentee ballot into the absentee ballot bag;

  (2) Ensure the security of the absentee ballot bag; and

  (3) 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.

H. Ballots Returned at a Designated Ballot-Return Location.

  (1) A voter can return a voted ballot at a ballot drop box designated by the local board to serve as ballot-return locations.

  (2) The ballot drop box shall:

    (a) Be designed to prevent an individual from accessing voted ballots once deposited;

    (b) Include a statement that tampering with ballots is a crime; and

    (c) Include the State Board's phone number.

  (3) The local board shall retrieve ballots and any other election materials according to chain of custody procedures issued by the State Administrator.

#### Regulation .07 Filing and Securing.

*COMAR 33.11.03.07*

A. Filing. The election director shall file all ballots timely received in such a manner that, in the event of a challenge, applications can be matched with the appropriate ballot return envelopes.

B. Securing Ballots. Until the canvass begins, every absentee ballot shall:

  (1) Remain sealed in:

    (a) The security envelope for Federal Write-In Absentee Ballots; or

    (b) The return envelope for all other ballots; and

  (2) Be placed in a secure location to which the public does not have access and stored in that location until the election has been certified and the time to challenge the election has passed.

#### Regulation .08 When Ballots Are Timely.

*COMAR 33.11.03.08*

A. United States.

  (1) “United States” means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

  (2) “United States” does not include American Samoa, the Canal Zone, Guam, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, an Army Post Office address, or a Fleet Post Office address.

B. In General. An absentee ballot is considered to have been timely received only if:

  (1) The ballot is received by the local board office before the polls close on election day;

  (2) The ballot is received by a polling place before the polls close at that polling place on election day;

  (3) The ballot is deposited into a ballot drop box before the polls close on election day;

  (4) The ballot:

    (a) Is received by the local board office from the United States Postal Service or a private mail carrier on or before 10 a.m. on the second Friday after an election; and

    (b) Was mailed on or before election day, as verified:

      (i) By a postmark of the United States Postal Service, an Army Post Office, a Fleet Post Office, or the postal service of any other country; or

      (ii) By the voter’s affidavit that the ballot was completed and mailed on or before election day, if the return envelope does not contain a postmark or the postmark is illegible; or

  (5) The ballot is received by an early voting center before the polls close at that polling place on the last day of early voting.

C. Untimely Ballots.

  (1) A ballot that is not timely received as provided in this regulation shall:

    (a) Be retained separately from timely ballots; and

    (b) Not be counted.

  (2) A ballot that is received after the local board certifies the election may not be:

    (a) Presented for rejection to the board of canvassers;

    (b) Presented to the local board of elections; or

    (c) Counted.