Chapter 04. Canvass of Ballots — Procedures
Regulation .01 Conduct Generally.LinkCopy Citation
A.
Separate From Polling Place Ballots. The review, inspection, and tabulation of absentee ballots shall:
(1)
Begin as provided in Regulation .03 of this chapter;
(2)
Be conducted separately from the review, inspection, and tabulation of polling place ballots; and
(3)
Otherwise be conducted in the same manner as for polling place ballots, insofar as those procedures are appropriate.
B.
Uniformity for All Absentee Ballots. The canvass procedures in this chapter shall be followed for absentee ballots cast by domestic, civilian voters and absentee ballots cast by absent uniformed services voters or overseas voters.
Regulation .02 Board Responsibility.LinkCopy Citation
The canvass of absentee ballots 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, in Subtitle 08 of this Title, and elsewhere in this Subtitle.
Regulation .03 Start of Canvass.LinkCopy Citation
A.
When Required.
(1)
Except as provided in §A(2) of this regulation, the board shall start processing the absentee ballots on the day that is 8 business days before the first day of early voting.
(2)
Upon the request of a board, the State Administrator may grant a waiver of requirements in §A(1) of this regulation if the State Administrator determines the early processing is not:
(a)
Necessary due to the low number of absentee ballots received by the board; or
(b)
Practicable due to limited resources or other constraints on the board.
(3)
The board shall convene at:
(a)
10 a.m. on the Thursday after the election to canvass absentee ballots; and
(b)
10 a.m. on the second Friday after an election.
(4)
If any required processing or canvassing day falls on a legal holiday, the board shall convene to process or canvass absentee ballots on the next regular business day.
B.
Opening Ballots.
(1)
An envelope with an enclosed absentee ballot may not be opened until the start of the canvass.
(2)
If an oath on the return envelope is covered, a local board may remove the paper covering the oath before the start of the canvass.
Regulation .04 Hold Back of Ballots.LinkCopy Citation
A.
Required Hold Back. Except as provided in §B of this regulation, to preserve the secrecy of provisional ballots and absentee ballots, the local board shall withhold from the initial canvass at least five absentee ballots of each ballot style to be canvassed during the provisional ballot canvass.
B.
If, at the start of the initial canvass, a local board has received five or less absentee ballots of a specific ballot style, the local board shall withhold all of the ballots of that ballot style until the final canvass.
C.
Later Canvasses. The absentee ballots withheld under this regulation shall be included and canvassed with the provisional ballots.
Regulation .05 Return Envelopes — Opening, Reviewing, and Referrals.LinkCopy Citation
A.
Batch Distributions.
(1)
When directed by the board, the election director shall issue to each team a batch of returned ballots.
(2)
Each batch shall consist of a controllable number of ballots (for example, 25).
B.
Verifying Timeliness.
(1)
The team shall first verify timeliness by checking the date stamp on the return envelope.
(2)
If the date stamp is missing, the team shall check the postmark on the return envelope.
(3)
If the postmark is missing or illegible, the team shall check the date the voter signed the oath required by Election Law Article, §9-310, Annotated Code of Maryland.
(4)
If a ballot's timeliness cannot be verified, the ballot shall be considered not timely received and the team shall refer the ballot to the board for rejection.
C.
Signature and Seal.
(1)
The team shall verify that:
(a)
The oath required by Election Law Article, §9-310, Annotated Code of Maryland, is signed; and
(b)
The return envelope is sealed.
(2)
If the oath is not signed or the return envelope is unsealed, the team shall refer the envelope to the local board.
D.
The team shall:
(1)
Open each return envelope by any means that will not damage the contents; and
(2)
Place the envelope with the mailing address face down on the table without removing the contents.
E.
Removing Ballots. After all the return envelopes in the batch have been opened and placed with the mailing address face down, the team shall remove the ballots from the return envelopes one at a time, taking care that each envelope remains face down.
F.
Certificates of Voter Assistance. The team shall remove any certificates of voter assistance and place them in separate stacks.
G.
Extra Ballots.
(1)
The team shall make sure that not more than one ballot is in any return envelope.
(2)
If a return envelope contains more than one ballot, the team shall refer the return envelope with all ballots to the local board.
H.
Setting Aside Envelopes. After all ballots have been removed from the envelopes in the batch, the team shall set aside the return envelopes.
Regulation .06 Opening Return Envelopes — Board Ruling on Referrals.LinkCopy Citation
A.
Board to Rule. The local board shall rule on all referrals made to it under Regulation .05 of this chapter.
B.
Rejected Ballots. Each ballot that the board rejects shall be retained by the board at the board table.
C.
Accepted Ballots. Each ballot that the board accepts shall be returned to the referring team and refiled in appropriate order.
Regulation .07 Ballots — Inspection and Referrals.LinkCopy Citation
A.
Ballot Inspection. The team then shall inspect each ballot for compliance and tabulating acceptability.
B.
Ballots To Be Referred. The team shall refer to the local board any ballot that:
(1)
Appears to have been intentionally marked for the purpose of identifying the ballot;
(2)
Appears to have been corrected, whether by correction tape, correction fluid, mark-overs, cross-throughs, or the like;
(3)
Contains any tear, fold, food spill, stray mark, or the like, that might:
(a)
Render the ballot unacceptable for machine tabulation; or
(b)
Raise a question of voter intent.
C.
Identifying Referrals. The team shall place each ballot referred to the board in a plain envelope, and mark the envelope with:
(1)
The team number;
(2)
Information that identifies the group or unit to which the ballot belongs; and
(3)
The reason for the referral.
D.
Completion of Batch. When a team has completed a batch, the election director shall:
(1)
Retrieve the ballots and return envelopes;
(2)
File the return envelopes away;
(3)
Put the ballots in appropriate groups for tabulation; and
(4)
Issue a new batch to the team, unless all ballots already have been removed from their envelopes.
Regulation .08 Ballots — Board Ruling on Referrals.LinkCopy Citation
A.
Board to Rule. The local board shall rule on all referrals made to it under Regulation .07 of this chapter.
B.
Rejected Ballots. Each ballot that the local board rejects shall be retained by the board at the board table.
C.
Accepted Ballots. Each ballot that the local board accepts shall be, as appropriate:
(1)
Returned to the referring team and placed in the appropriate group for tabulation; or
(2)
Sent to a bipartisan duplication team.
D.
Duplication. When a ballot needing duplication has been duplicated, the duplicated ballot shall be placed in the appropriate group for tabulation.
Regulation .09 Grouping Ballots Processed by Board.LinkCopy Citation
A.
In General. After all the absentee ballots have been opened and processed by the board, they shall be placed in the following groups:
(1)
Ballots found to be acceptable for tabulation;
(2)
Ballots accepted by the board but objected to by a contesting party; and
(3)
Ballots rejected by the board.
B.
Treatment of Groups.
(1)
Ballots grouped under §A(1) of this regulation shall be tabulated separately from ballots grouped under §A(2) of this regulation.
(2)
However, only the combined total of those two ballot groups may be:
(a)
Reported as the “Unofficial Absentee Count”; or
(b)
Added to the “Unofficial Returns”.
Regulation .10 Ballot Tabulation.LinkCopy Citation
The tabulation of the ballots shall follow their removal from the return envelopes, without unreasonable delay.
Regulation .11 Unofficial Absentee Count.LinkCopy Citation
The unofficial results of the absentee canvass shall be released when the tabulation is completed.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, 11-301, 11-302, and 11-304, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.16 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)
History: Regulation .03 amended as an emergency provision effective July 31, 2006 (33:16 Md. R. 1364); amended permanently effective October 23, 2006 (33:21 Md. R. 1679)
History: Regulation .03A 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 .03A 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)
History: Regulation .05 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 .05 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)
History: Regulation .05B 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)
History: Chapter revised effective May 31, 2010 (37:11 Md. R. 768)
History: Regulation .01C adopted as an emergency provision effective October 13, 2020 (47:23 Md. R. 976); emergency provision expired December 31, 2020
History: Regulation .03A amended effective March 19, 2012 (39:5 Md. R. 385); August 19, 2013 (40:16 Md. R. 1346)
History: Regulation .03A amended as an emergency provision effective October 13, 2020 (47:23 Md. R. 976); emergency provision expired December 31, 2020
History: Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
History: Regulation .04A, C amended as an emergency provision effective September 21, 2022 (49:22 Md. R. 978); emergency provision expired December 31, 2022
History: Regulation .04A, C amended effective February 20, 2023 (50:3 Md. R. 90)
History: Regulation .05 amended as an emergency provision effective May 11, 2020 (47:12 Md. R. 593); emergency provision expired July 31, 2020
History: Regulation .07 amended as an emergency provision effective May 11, 2020 (47:12 Md. R. 593); emergency provision expired July 31, 2020