Title 33 — Subtitle 15. Precincts, Polling Places, and Facilities
Chapter 01. Maps, Descriptions, and Directories
Regulation .01 Maps and Descriptions.LinkCopy Citation
A.
Boards to Prepare. Each local board shall prepare, or arrange for the preparation of, and make available to the public maps and descriptions that delineate all wards, precincts, and districts that are wholly or partly within its area.
B.
Required Clarity. Each map and description shall provide a delineation of boundaries that is:
(1)
Clear and concise; and
(2)
Easily understandable by members of the general public.
Regulation .02 Directories.LinkCopy Citation
A.
Boards to Prepare. Each local board shall prepare and make available to the public a directory of street addresses in its area.
B.
Format. The directory shall:
(1)
List these addresses in alphanumerical order; and
(2)
Identify for each listing the applicable:
(a)
Ward,
(b)
Precinct,
(c)
Districts, and
(d)
Postal ZIP code.
C.
Update. The local board shall update street files as needed to reflect new or changed:
(1)
Street addresses; or
(2)
Wards, precincts, or districts.
Regulation .03 Fees.LinkCopy Citation
A.
Authorized. A local board may impose a fee for providing a map, description, or directory prepared under this chapter.
B.
Limitations. The fee charged under §A of this regulation may not exceed the cost to the county for producing that map, description, or directory.
Regulation .04 Filing with Administrator.LinkCopy Citation
If requested by the State Administrator, a local board shall submit one copy of each map and description prepared under this chapter.
Chapter 02. New or Changed Precincts
Regulation .01 Scope.LinkCopy Citation
This chapter applies whenever a local board:
A.
Creates a new precinct; or
B.
Changes precinct boundaries.
Regulation .02 Precinct To Lie Wholly within District.LinkCopy Citation
A precinct may not be created, and the boundaries of a precinct may not be changed, so as to cross any district boundary.
Regulation .03 Resolution Required.LinkCopy Citation
A.
In General. A local board may create a new precinct or change precinct boundaries only by adoption of a written resolution.
B.
Contents. The resolution under §A of this regulation shall:
(1)
State the purpose of the change;
(2)
Contain a written description of all precinct boundaries; and
(3)
Be accompanied by a map of the area involved.
C.
Filing with State Board. Within 5 days after a resolution is adopted, the election director shall notify the State Administrator in writing of the new precinct or changed precinct boundaries.
Regulation .04 Election Register.LinkCopy Citation
The local board shall create a new election register for each affected precinct.
Regulation .05 Notice to Voters.LinkCopy Citation
A.
Notice Required.
(1)
The local board shall notify all voters who are affected by the change.
(2)
If a local board combines polling places for a special election, the local board shall provide notice of the polling place changes by mailing a specimen ballot as described in Election Law Article, §8-102, Annotated Code of Maryland to each voter who is affected by the change.
B.
How and When — General. Except as provided in §§C and D of this regulation, the local board shall mail this notice to the affected voters no later than 30 days after the change.
C.
How and When—Emergencies.
(1)
If an emergency prevents compliance with §B of this regulation, the local board shall:
(a)
Take whatever steps it considers reasonable to notify affected voters of the change; and
(b)
Inform the State Administrator of the change and the steps being taken to notify voters.
(2)
These steps under §C(1) of this regulation may include:
(a)
Television, radio, and newspaper announcements and advertisements; and
(b)
Postings on the Internet.
D.
How and When — Redistricting and Reapportionment. For changes due to redistricting or reapportionment, the local board shall mail this notice to the affected voters according to the schedule established by the State Administrator.
Chapter 03. Polling Places
Regulation .01 Required Polling Place Plan.LinkCopy Citation
A.
Requirements for Polling Place Plan. A local board shall include in the polling place plan:
(1)
Evidence that the plan complies with Election Law Article, §10-101(a)(2), Annotated Code of Maryland;
(2)
In a Statewide election except for the first election immediately following statewide redistricting based on the census, if the polling place plan proposes to reduce the number of separate buildings used as polling places below the total number of separate buildings used as polling places in the first statewide general election held after the most recent Statewide redistricting based on the census:
(a)
The address and a description of the location of each affected polling place;
(b)
An analysis of available suitable buildings within the precinct boundary, including the availability of parking and a determination regarding building compliance with the federal Americans with Disabilities Act;
(c)
Of the voters who cast ballots in each affected precinct in the three most recent Statewide elections:
(i)
The percentage who voted in person on election day;
(ii)
The percentage who voted by mail;
(iii)
The number who registered to vote on election day; and
(iv)
The number who voted at an early voting center;
(d)
Proximity of the proposed polling place to a dense concentration of voters in the affected precinct;
(e)
The change in the number of registered voters in the affected precinct from the last Statewide election;
(f)
The public transportation options that voters in each affected precinct could use to access the polling place that would serve the precinct under the plan; and
(g)
An analysis of the impact on the ability of historically disenfranchised communities to cast a ballot, including demographic information of the voters in the affected precinct.
(3)
In the first Statewide election held after a Statewide redistricting based on the census, if the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the immediately preceding general election:
(a)
The address and a description of the location of each affected polling place;
(b)
An analysis of available suitable buildings within the precinct boundary, including the availability of parking and a determination regarding building compliance with the federal Americans with Disabilities Act;
(c)
Of the voters who cast ballots in each affected precinct in the three most recent Statewide elections:
(i)
The percentage who voted in person on election day;
(ii)
The percentage who voted by mail;
(iii)
The number who registered to vote on election day; and
(iv)
The number who voted at an early voting center;
(d)
The proximity of the proposed polling place to a dense concentration of voters in the affected precinct;
(e)
The change in the number of registered voters in the affected precinct from the last Statewide election;
(f)
The public transportation options that voters in each affected precinct could use to access the polling place that would serve the precinct under the plan; and
(g)
An analysis of the impact on the ability of historically disenfranchised communities to cast a ballot, including demographic information of the voters in the affected precinct.
B.
Form for Polling Place Plan.
(1)
The State Board shall:
(a)
Prescribe a form for a local board to use to provide a proposed polling place plan; and
(b)
Provide each local board with the form at least 9 months before a primary election.
(2)
Contents of Form. The form shall include questions related to whether the proposed polling place plan meets the requirements in §A of this regulation.
(3)
Form Submission. A local board shall submit the form at least 7 months before each Statewide primary election. Completion and submission of the form shall constitute fulfillment of a local board’s duty to submit a polling place plan pursuant to Election Law Article, §2-303.1(a), Annotated Code of Maryland.
C.
Additional Information. For each polling place plan, a local board shall submit with the form required in §B of this regulation:
(1)
A Polling Place Selection Form;
(2)
The State of Maryland’s Accessibility Survey form for each polling place;
(3)
Documentation of the local board’s approval of the polling place plan;
(4)
A polling place diagram;
(5)
Photographs of the interior and exterior of each polling place; and
(6)
If required by §A(2) or (3) of this regulation, documentation to support the determination that all buildings that will no longer be used as polling places are no longer suitable to be used as polling places.
Regulation .02 New or Changed Polling Place.LinkCopy Citation
A.
Board Action Required to Change the Location of a Polling Place. A local board may not vote to change the location of a polling place unless the local board first:
(1)
Holds a meeting to discuss the proposed change; and
(2)
Provides an opportunity for interested parties to testify on the proposed change at the meeting.
B.
Notice of Proposed Changes.
(1)
Each local board shall maintain a contact list of individuals and organizations who wish to be notified about local board meetings at which an election plan or any proposed changes to the locations of polling places will be discussed.
(2)
Each local board shall make available in a conspicuous location on its website:
(a)
Information about the contact list in §B(1) of this regulation, including:
(i)
A statement that the purpose of the list is to provide notice about local board meetings where an election plan or proposed change to a location of a polling place will be considered, in fulfillment of this regulation and COMAR 33.01.08.04(a).
(ii)
A statement that by signing up for the list the person will receive notice of any meeting where election plans or polling place changes are considered; and
(iii)
How to register for the list.
(b)
At least 14 days before a meeting where an election plan or polling place change will be discussed, the proposed election plan or written description of the proposed change in polling place.
(3)
At least 14 days before meeting to consider a change of a polling place, the local board shall provide written notice of the meeting to:
(a)
Each individual and organization on the contact list; and
(b)
The following elected officials who represent the precinct containing either the current polling place location or its proposed location:
(i)
The Mayor;
(ii)
County Executive;
(iii)
County Commissioner;
(iv)
County Council member;
(v)
Each Municipal Council member; and
(vi)
Member of the General Assembly.
C.
Exception for Emergency Changes. The requirements of §§A and B of this regulation do not apply if a local board determines that an emergency exists that requires a change to the polling place location during the period beginning 21 days before election day through election day.
D.
Notice Required to Voters.
(1)
Whenever a local board changes the location of a polling place, the local board shall notify all voters who are affected by the change.
(2)
Except as provided in §D(3)(b) of this regulation, the local board shall mail this notice to the affected voters before the next election.
(3)
How and When — Emergencies.
(a)
If an emergency prevents compliance with §B of this regulation, the local board shall:
(i)
Take whatever steps it considers reasonable to notify affected voters of the change; and
(ii)
Inform the State Administrator of the change and the steps being taken to notify voters.
(b)
The notice required by this section:
(i)
Shall include a prominent notice posted at the former polling place; and
(ii)
May include television, radio, and newspaper announcements and advertisements and postings on the Internet.
Regulation .03 Reassignments — Spouse or Helper of Elderly Voter or Voter with a Disability.LinkCopy Citation
A.
Helper Defined. In this regulation, “helper” means an individual who regularly renders assistance to an elderly voter or voter with a disability.
B.
Right to Reassignment. A voter's spouse or helper may be reassigned to the voter’s polling place if the spouse or helper is registered to vote in the same county as the voter, and the voter's polling place will have available a ballot with the same content as the spouse's or helper’s ballot.
C.
Procedure. The request of a helper or spouse for reassignment:
(1)
Shall be made on the form that the State Board prescribes; and
(2)
May be made at any time before the close of registration or, if later, within 10 days after the elderly voter or voter with a disability receives notice of reassignment.
D.
Issuance of Ballot. Any ballot issued to a spouse or helper under this regulation shall have the same content as the ballot used in the polling place originally assigned to the spouse or helper.
Regulation .04 Reassignments — Religious Objections.LinkCopy Citation
A.
In General. If entry into the polling place assigned to a voter conflicts with the voter's bona fide religious beliefs and practices, the voter may request a reassignment by the local board.
B.
Procedure. The request for reassignment:
(1)
Shall be made on the form that the State Board prescribes; and
(2)
May be made at any time before the close of registration.
C.
Duties of Local Board. On receipt of the request, the local board shall either:
(1)
Assign the voter to a polling place in the voter's county that does not conflict with the voter's bona fide religious beliefs and practices and has the same ballot content as the ballot for the polling place originally assigned to the voter; or
(2)
Issue the voter an absentee ballot in accordance with procedures established under:
(a)
Election Law Article, Annotated Code of Maryland; and
(b)
This title.
D.
Issuance of Ballot. Any ballot issued to a voter under this regulation shall have the same content as the ballot used in the polling place originally assigned to the voter.
Regulation .05 Reassignments — Other.LinkCopy Citation
A local board may develop and, with the approval of the State Board, adopt procedures that authorize other polling place reassignments for good cause.
Regulation .06 Access to School Property.LinkCopy Citation
A voter who is required to register under Criminal Procedure Article, §11-704, Annotated Code of Maryland, is permitted to vote at a school on election day if the voter is properly registered to vote and the voter’s assigned polling place is at the school.
Regulation .07 Polling Place — Alcoholic Beverage License.LinkCopy Citation
A.
In General. A local board may use a building or part of a building that is owned, occupied, or partially occupied by an establishment that holds an alcoholic beverages license as a polling place.
B.
Selection Factors. A local board shall:
(1)
Prioritize the placement of polling locations in buildings that are not owned, occupied, or partially occupied by an establishment that holds an alcoholic beverages license prior to the selection of a building; and
(2)
Make and approve a written agreement with the facility to ensure that:
(a)
Public activities involving businesses and alcoholic sales do not interfere with voting activities; and
(b)
Alcoholic beverages are not sold or consumed within the electioneering boundaries.
Chapter 04. Warehouses
Regulation .01 Secure Storage Required.LinkCopy Citation
When not being used for an election, all voting units, voting equipment, and other voting materials shall be maintained in a secure storage facility.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Ballot” has the meaning stated in COMAR 33.10.01.01
(2)
“Equipment” means the voting and non-voting system equipment and electronic poll books.
(3)
“Non-voting system equipment” means equipment used to conduct an election that is not included in the definition of “EVS voting solution” as defined in COMAR 33.10.01.01.
(4)
“Voting location” has the meaning stated in COMAR 33.10.01.01.
(5)
“Voting system equipment” means the EVS Voting solution as defined in COMAR 33.10.01.01.
(6)
“Voting unit” has the meaning stated in COMAR 33.10.01.01.
(7)
“Warehouse” means any facility, other than a voting location, where voting system equipment is under the direct control of the local board of elections and stored when not in use for an election.
Regulation .03 Location of Warehouse.LinkCopy Citation
A.
Except as provided in §B, a warehouse shall be attached or adjacent to the principal office of the local board of elections.
B.
Where the State Board determines no suitable location attached or adjacent to the principal office of the local board of elections exists, a warehouse may be located within a 5 — 10-mile radius of that principal office.
Regulation .04 Telecommunications Required.LinkCopy Citation
All warehouses shall be supplied with telecommunication services.
Regulation .05 Equipment Storing — In General.LinkCopy Citation
A.
A local board shall:
(1)
Ensure the availability of warehouse space; and
(2)
Maintain direct control of a warehouse.
B.
Equipment Generally. The voting system equipment stored in a warehouse shall be stored:
(1)
In a secure manner that preserves any potential claims under any applicable warranties or insurance policies; and
(2)
In compliance with:
(a)
Manufacturer specifications;
(b)
This title;
(c)
Climate-controlled requirements of the manufacturer; and
(d)
Any other legal requirements;
(3)
To meet the manufacturer's environmental standards for storage of the equipment;
(4)
To meet environmental standards necessary for storage of paper ballots without degradation; and
(5)
So that authorized persons can comfortably conduct required pre-election and post-election testing and maintenance of voting equipment.
Regulation .06 Insurance Coverage — General.LinkCopy Citation
A.
Liability Insurance. Each local board or county government shall maintain liability insurance on the storage facility.
(1)
Minimum Coverage. The minimum liability insurance coverage on the storage facility shall be:
(a)
$1,000,000 per occurrence; and
(b)
$2,000,000 in the aggregate.
(2)
The State Board and designated personnel shall be named as “additional insured” parties to the liability insurance policy.
B.
Property Insurance. Each local board or county government shall maintain property insurance for equipment in the control of the local board.
(1)
Minimum Coverage. The minimum property insurance coverage shall be the amount necessary to cover the total loss of all equipment in the control of the local board of elections.
(2)
Determination of Coverage. Coverage shall be determined by the replacement values for the designated equipment.
(3)
Loss Payees. The State of Maryland and the State Board of Elections shall be included as loss payees under the property insurance policy.
C.
Premiums and Deductibles. A local board or county government shall be responsible for all premiums, deductibles, or retentions associated with any insurance obtained.
D.
Proof of Insurance. A local board shall provide proof to the State Board that it complied with §§A and B of this regulation for all times any voting system equipment is in the custody of the local board. The local board shall provide proof:
(1)
At the beginning of each fiscal year, and
(2)
In the form of a current certificate of insurance or similar documentation.
Regulation .07 Warehouse Size and Capacity Specifications.LinkCopy Citation
Determination of Size and Capacity Need. Beginning on July 1, 2025, the State Board on a biannual basis shall:
A.
Review and update the inventory of voting system equipment, and pollbook equipment, and voting supplies in the local board’s custody;
B.
Determine the square footage required for storage and workplace-related tasks of the voting system equipment; and
C.
Provide written notice to the local board of the warehouse of the square footage requirements within 30 days of the determination.
Regulation .08 Security and Safety Specifications.LinkCopy Citation
A.
Access Control. The warehouse shall be locked and adequately secured to prevent unauthorized access.
(1)
Restricted Access. Access to the warehouse should be restricted to authorized personnel only.
(2)
Access Control Measures. Access to the warehouse shall be regulated through appropriate measures, such as:
(a)
Implementing badge systems to identify authorized personnel;
(b)
Utilizing door entry access devices to restrict entry; and
(c)
Recordkeeping practices.
B.
Security Requirements.
(1)
All warehouses must have a security system containing, at minimum:
(a)
An alarm that is triggered by unauthorized entry or smoke within the premises; and
(b)
Central monitoring for fire and unauthorized entry.
(2)
A warehouse shall have real-time video surveillance capabilities unless granted a waiver by the State Administrator.
C.
Safety Inspections. Routine safety inspections shall be conducted to ensure the security and safety of the stored equipment. These inspections shall include assessments for:
(1)
Pest infestation;
(2)
Fire hazards;
(3)
Water damage;
(4)
Mold; and
(5)
Any other potential safety concerns.
Regulation .09 Occupancy and Control.LinkCopy Citation
A.
Lessees. The local board and the local governmental entity are the only entities permitted to be named as lessees on any lease for a warehouse.
B.
Control of Warehouse. The warehouse in which the equipment is stored must always remain under the direct control of the local board.
C.
Limitation on Tenancy. No other parties, including sub-lessees, may be granted tenancy in the warehouse.
Regulation .10 Reimbursement.LinkCopy Citation
A.
Reimbursement Basis. The State Board shall reimburse the local board for 50 percent of the cost to store:
(1)
Voting system equipment;
(2)
Electronic pollbook equipment; and
(3)
Ballots.
B.
Calculation of Reimbursement Amount.
(1)
The local board shall provide a per-square-foot rate to the State Board based on the terms of its lease.
(2)
The State Board shall multiply the per-square-foot rate by the requisite square footage determined by COMAR 33.15.04.07.
(3)
The total amount resulting from the calculation in §B(2) of this regulation shall be divided into two, determining the reimbursement amount owed by the State Board.
C.
Disbursement of Reimbursement. State Board reimbursements may be issued as a credit on the local board’s quarterly billing or as a check sent to the local governing entity.
Regulation .11 Notice of Damage.LinkCopy Citation
Within 24 hours of discovering damage to the office, warehouse, voting system equipment, or other materials used to conduct an election, the election director shall promptly send a written notification to:
A.
The State Administrator; and
B.
The local board.
Regulation .12 Temporary Waiver.LinkCopy Citation
A.
State Board May Grant. On application by a local board, the State Board may grant a temporary waiver from one or more of the requirements of this chapter for good cause.
B.
Expiration. A temporary waiver granted under this chapter expires on the earlier of the:
(1)
First anniversary of its issuance; or
(2)
Date specified by the State Board.
C.
Extension. If circumstances require an extension of the temporary waiver, the application for an extension shall:
(1)
Specify all actions taken by the local board to correct the deficiency in question; and
(2)
Explain why those actions were unavailing.
Chapter 05. Office Facilities
Regulation .01 In General.LinkCopy Citation
Each local board office shall be sufficient to accommodate the local board's staff, equipment, and public visitors.
Regulation .02 Specific Office Requirements.LinkCopy Citation
A.
At the request of a local board, the State Administrator, with the approval of the State Board, shall establish specific office requirements for that local board.
B.
In establishing specific office requirements for a local board, the State Administrator shall take into consideration:
(1)
The guidelines established by the Department of General Services and the Department of Budget and Management in the Facility Program Manual;
(2)
Available county resources; and
(3)
The administrative needs of the local board.
Regulation .03 Equipment.LinkCopy Citation
A.
Procedures.
(1)
The State Administrator shall establish procedures for the storage and maintenance of computer equipment supplied to local boards by the State.
(2)
The procedures shall include standards for maintaining computer equipment in an environment free from contamination and at a temperature appropriate to prevent the computer equipment from over-heating.
B.
Each local board shall store and maintain State-supplied computer equipment in a manner consistent with the procedures established by the State Administrator.