# COMAR Title 33 — State Board of Elections

## Subtitle 15 — Precincts, Polling Places, and Facilities

### Chapter 04 — Warehouses

**Authority:** Election Law Article, Election Law Article, §§2-102(b)(4), 2-202(b), 2-206, 9-106(a), 11-308(a), and 11-303.2, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.03 adopted as an emergency provision effective July 1, 2000 (27:15 Md. R. 1398); adopted permanently effective October 16, 2000 (27:20 Md. R. 1844)

**Administrative History:** Regulation .02 amended effective October 19, 2009 (36:21 Md. R. 1595)

**Administrative History:** Regulation .02 repealed effective March 31, 2025 (52:6 Md. R. 268)

**Administrative History:** Regulations .02—.11 adopted effective March 31, 2025 (52:6 Md. R. 268)

**Administrative History:** Regulation .03 recodified to Regulation .12 effective March 31, 2025 (52:6 Md. R. 268)

#### Regulation .01 Secure Storage Required.

*COMAR 33.15.04.01*

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.

*COMAR 33.15.04.02*

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.

*COMAR 33.15.04.03*

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.

*COMAR 33.15.04.04*

All warehouses shall be supplied with telecommunication services.

#### Regulation .05 Equipment Storing — In General.

*COMAR 33.15.04.05*

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.

*COMAR 33.15.04.06*

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.

*COMAR 33.15.04.07*

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.

*COMAR 33.15.04.08*

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.

*COMAR 33.15.04.09*

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.

*COMAR 33.15.04.10*

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.

*COMAR 33.15.04.11*

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.

*COMAR 33.15.04.12*

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.