# COMAR Title 33 — State Board of Elections

## Subtitle 11 — Absentee Ballots

### Chapter 06 — Post-Election Procedures

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, and 11-309, Annotated Code of Maryland;42 U.S.C. §§1973ff-1(h) and 1974

**Administrative History:** Effective date: May 31, 2010 (37:11 Md. R. 768)

**Administrative History:** Regulation .01 amended effective April 27, 2026 (53:8 Md. R. 356)

#### Regulation .01 Storage of Materials.

*COMAR 33.11.06.01*

A. After completing canvassing procedures, a local board shall retain all voted ballots in a sealed ballot box labeled with a batch label until they are authorized to be opened and removed for an audit, recount, judicial challenge, storage, or disposal.

B. Document Retention. A local board shall retain for 22 months after an election:

  (1) Absentee ballot applications;

  (2) Voted absentee ballots;

  (3) Return envelopes; and

  (4) Certificates of assistance.

C. Disposal of Unvoted Ballots.

  (1) A local board may dispose of any unvoted absentee ballots at least 30 days after State certification of an election or the conclusion of a recount, whichever is later.

  (2) A local board is not required to shred unvoted absentee ballots.

#### Regulation .02 Post-Election Correspondence.

*COMAR 33.11.06.02*

After voter registration reopens, the election director shall send:

A. A letter requesting personal identification information from each voter whose absentee ballot was rejected because the voter failed to provide the required personal identification information; and

B. The appropriate letter to each voter whose absentee ballot was rejected because the voter's registration status was “pending” because:

  (1) The voter's driver's license or full or partial social security number could not be verified under COMAR 33.05.04.04; or

  (2) The voter did not provide personal identification information.

#### Regulation .03 Free Access System for Determining Whether Absentee Ballot Was Accepted.

*COMAR 33.11.06.03*

A. The State Board shall establish a free access system that any voter who submits an absentee ballot application may access to determine whether the local board received and accepted the voter's absentee ballot application and received and counted the voter's absentee ballot.

B. Information for Free Access System.

  (1) Each election director shall use the Statewide voter registration system to process all absentee ballot applications and returned ballots.

  (2) The State Board shall use the absentee voting information in the Statewide voter registration system for the free access system.

C. The free access system shall be accessible online through the State Board's website and by calling the State Board's toll-free telephone number.

D. An absentee voter shall be required to provide his or her name and date of birth to be able to access information about his or her absentee ballot.