Plain Text Law

Title 33 — Subtitle 17. Early Voting

Chapter 01. Definitions; General Provisions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Early voting center” means a voting location in a county that is selected pursuant to COMAR 33.17.02 at which a voter may vote during the early voting period established by Election Law Article, §10-301.1(d), Annotated Code of Maryland.
(2)
“Optical scan voting unit” includes the ballot box that is affixed to the optical scan voting unit.

Regulation .02 Applicability to Elections.Copy Citation

A.
Early voting is applicable for the following regularly scheduled elections:
(1)
Presidential primary and general elections; and
(2)
Gubernatorial primary and general elections.
B.
Early voting is not applicable for special primary and general elections, unless the special election is conducted by mail.

Chapter 02. Early Voting Centers

Regulation .01 Number of Early Voting Centers.Copy Citation

A.
Date to Determine Number of Registered Voters.
(1)
The State Administrator shall determine the number of registered voters in each county as of 5 p.m. on the Tuesday that is 8 months before the primary election.
(2)
For purposes of making this determination, the State Administrator shall include only active voters.
B.
Determination of Early Voting Centers. Within 5 days of the determination in §A of this regulation, the State Administrator shall provide each local board with the number of early voting centers, as required under Election Law Article, §10-301.1, Annotated Code of Maryland.

Regulation .02 Selecting Early Voting Centers.Copy Citation

A.
Factors for Location of Early Voting Centers. A local board shall [consider] use the following factors when determining the location of an early voting center:
(1)
Accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups;
(2)
Proximity of the early voting center to dense concentrations of voters such that:
(a)
If a county is required by Regulation .01 of this chapter to have one or two early voting centers, 50 percent of the registered voters in the county live within 10 miles of a proposed early voting center; or
(b)
If a county is required by Regulation .01 of this chapter to have three or more early voting centers, 80 percent of the registered voters live within 5 miles of a proposed early voting centers;
(3)
Accessibility of the early voting center by public transportation;
(4)
If a county is required by Regulation .01 of this chapter to have four or more early voting centers, ensuring equitable geographic distribution of early voting centers throughout the county;
(5)
Use of community centers and public gathering places as locations for early voting centers;
(6)
Whether the early voting center can accommodate long lines of voters, including taking into consideration how voters waiting in line are protected against inclement weather; and
(7)
Whether the early voting center has parking facilities sufficient for early voting, taking into consideration the normal business activities of the proposed early voting center.
B.
Requirements for Early Voting Centers. A local board shall propose early voting center locations that:
(1)
Allow a local board to install the required telecommunication needs;
(2)
Are of sufficient size and layout to conduct early voting, including adequate access to electricity;
(3)
Are accessible or can be made accessible for voters with disabilities;
(4)
Can store voting equipment and supplies in a secure location during non-early voting hours;
(5)
Have sufficient and reliable heating and air-conditioning capabilities; and
(6)
Can accommodate a no electioneering zone as required by Election Law Article, §16-206, Annotated Code of Maryland, exit polling as required by COMAR 33.07.08, and electioneering outside of the no-electioneering zone.
C.
Form for Proposed Early Voting Center.
(1)
The State Board shall:
(a)
Prescribe a form for a local board to use to provide information about a proposed early voting center; and
(b)
Provide each local board with the form at least 9 months before a primary election.
(2)
Form Submission for Early Voting Center.
(a)
At least 7 months before a primary election, a local board shall submit a form for each proposed early voting center.
(b)
If a local board is required to have more than one early voting center, the local board shall:
(i)
Complete a form for each proposed early voting center; and
(ii)
Submit the forms for each proposed early voting centers at the same time.
(c)
A local board shall submit early voting center proposal forms together with all other information required for the election plan in COMAR 33.01.08.01.
D.
Contents of Form. The form shall include questions related to whether the proposed early voting center meets the factors and requirements defined in §§A and B of this regulation.
E.
Additional Information. For each proposed early voting center, a local board shall submit with the form required in §C of this regulation:
(1)
A diagram of the facility, including the proposed layout of the voting equipment and electrical and telecommunications connections in the voting area and the proposed locations of the election judges;
(2)
The State of Maryland's Accessibility Survey form;
(3)
Digital photographs of the outside of and entrance to the proposed early voting center; and
(4)
The security plan required by Regulation .04 of this chapter.
F.
Inability to Identify Proposed Early Voting Center. If the proposed early voting center does not meet all of the criteria listed on the form required in §C of this regulation, a local board shall provide on the form:
(1)
A list of other facilities that were considered, and why those facilities are not being proposed as early voting centers; and
(2)
A description of the factors that mitigate the fact that the proposed early voting center does not meet all of the criteria listed on the form required in §C of this regulation.
G.
Use of Local Board Office. If a local board proposes to use the offices of the local board as an early voting center, the local board shall:
(1)
Have a clearly marked space for early voting that is distinct and separate from absentee voting that occurs at the office; and
(2)
Post signs and include in all election-specific materials the business hours of the local board and the early voting hours.
H.
Optional Early Voting Centers.
(1)
In addition to the early voting centers required in this subsection, each county may establish one additional early voting center if:
(a)
First, the local board and the governing body of the county agree to establish an additional early voting center; and
(b)
Then, the State Board approves the establishment of the additional early voting center.
(2)
In approving an additional early voting center, the governing body of the county must acknowledge the following in writing:
(a)
The approval of the additional center is for the next Statewide election cycle, unless the governing body specifies approval for all future elections; and
(b)
Once approved for the next Statewide election cycle, that approval cannot be rescinded.
(3)
In approving an additional early voting center, the State Board shall consider the requirements of §B of this regulation, but need not consider the factors in §A of this regulation.
I.
Use of a Public Building. If a local board proposes to use a public building as an early voting center, the local board shall give written notice of intent to the public official with responsibility for the public building.
J.
Alternate Early Voting Centers.
(1)
A local board shall identify an alternate early voting center for use if an approved early voting center becomes unavailable.
(2)
A local board shall give preference to the offices of the local board or a government facility when considering the location of an alternate early voting center.
(3)
A local board shall identify:
(a)
One alternate early voting center if the local board is required to establish one, two, or three early voting centers; or
(b)
Two alternate early voting centers if the local board is required to establish four or more early voting centers.
(4)
A local board shall:
(a)
At least 3 months before a primary election, complete and submit to the State Administrator the form required by §C of this regulation for each proposed alternate early voting center; and
(b)
Upon approval by the State Administrator of the alternate early voting center:
(i)
Submit the form to the appropriate local government agencies; and
(ii)
Include in its disaster recovery plan the name, address, and contact information for each alternate early voting center, a plan for notifying the public if the alternate center is needed, and a plan for transitioning operations to an alternate center.

Regulation .03 Agreement for Early Voting Center.Copy Citation

A.
Agreement Required. A local board shall enter into a legally binding agreement with an authorized representative of the facility where early voting will be conducted.
B.
Required Provisions. The agreement shall contain the following provisions:
(1)
The dates and times when a local board requires access to the facility;
(2)
The amount of compensation, if any, a local board is required to pay to use the facility as an early voting center;
(3)
Authorization to install and test equipment and telecommunications connections before early voting, and remove equipment and connections after early voting;
(4)
Authorization to install temporary measures to improve access to the early voting center for voters with disabilities;
(5)
Require the facility to provide a local board with its policies and procedures for inclement weather and other emergency situations;
(6)
Whether the facility or the local board is responsible for providing appropriate services in case of inclement weather or other emergency situations;
(7)
If agreed to by the facility's authorized representative, a copy of the facility's disaster recovery plan;
(8)
Authorization to establish a no electioneering zone during early voting; and
(9)
Authorization to allow exit polling within the no electioneering zone.
C.
Filing with State Administrator. Within 30 days of executing the agreement, a local board shall file a copy of the signed agreement with the State Administrator.

Regulation .04 Security Plans for Early Voting Center.Copy Citation

A.
Security Plan Required. With the form required by Regulation .02C of this chapter, an election director shall submit an early voting security plan for approval to the State Administrator.
B.
Contents of Plan.
(1)
The early voting security plan shall describe in detail how a local board will keep voting equipment, electronic pollbooks, ballots, and other election equipment and supplies secure during early voting and non-early voting hours.
(2)
The plan shall include:
(a)
A description of each entrance, including windows, to the area where equipment and supplies will be secured during non-early voting hours and how the entrance is secured;
(b)
The names and titles of all individuals who have a key or keys to the room where equipment and supplies will be secured during non-early voting hours;
(c)
A description of existing building security, such as alarms and closed circuit or Internet accessible cameras, and armed and unarmed guards at the facility; and
(d)
Any additional security measures that will be taken during early voting and non-early voting hours.
(3)
At the request of the State Administrator or when it is considered necessary, an election director shall:
(a)
Review and update the early voting security plan; and
(b)
If updated, within 2 days of updating the plan, submit a copy of the updated plan to the State Administrator.
C.
Review and Acceptance of Plan.
(1)
The State Administrator shall review a local board's early voting security plan and may require a local board to make changes to the plan, including implementing additional security measures.
(2)
Within 30 days of receipt of an early voting security plan, the State Administrator shall review and provide feedback to a local board.
(3)
A local board shall update its plan according to the feedback provided the State Administrator.

Chapter 03. Public Notice of Early Voting

Regulation .01 Public Education Plan.Copy Citation

A.
Plan Development.
(1)
State Administrator to Develop. The State Administrator shall develop a public education plan to educate voters about early voting.
(2)
Minimum Components. The plan shall include:
(a)
A preelection mailing that:
(i)
Is sent to all active, registered voters at least one week before early voting starts; and
(ii)
Includes the date and time for early voting and the locations of the early voting centers;
(b)
Public service announcements;
(c)
Promotional materials; and
(d)
Text for websites providing:
(i)
The dates and times of early voting;
(ii)
The locations of the early voting centers; and
(iii)
If possible, maps and photographs of the early voting centers.
(3)
Initial Implementation. The State Administrator shall specify in the public education plan:
(a)
Those components that are required for each early voting period; and
(b)
Those components that are required only during the initial implementation of early voting.
B.
Local Board to Implement Administrator's Plan. The local board shall implement and fund the public education plan developed by the State Administrator.
C.
Reports. The election director shall:
(1)
When requested by the State Administrator, report in writing to the State Administrator on the conduct of the public education plan; and
(2)
Starting 3 months before each early voting period, report at each meeting of the local board the status of the implementation of the plan required under §B of this regulation.

Chapter 04. Early Voting Center Equipment and Materials

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. Estimated Daily Turnout.
(1)
“Estimated daily turnout” means the number of registered voters estimated to vote daily at each early voting center.
(2)
“Estimated daily turnout” is determined using the worksheet attached to the form required by COMAR 33.17.02.02.

Regulation .02 Preparing the Early Voting Center.Copy Citation

A.
For the purpose of networking the electronic pollbooks, each early voting center shall have a broadband network connection that:
(1)
Is used only for early voting; and
(2)
Meets the requirements established by the State Administrator.
B.
The network connection at each early voting center shall be tested in accordance with instructions issued by the State Administrator.

Regulation .03 Allocation of Equipment and Supplies.Copy Citation

A.
Voting Equipment.
(1)
The State Administrator, in consultation with the local boards, shall determine the number of voting units and electronic pollbooks assigned to each precinct.
(2)
For purposes of determining the number of voting units and electronic pollbooks under §A(1) of this regulation, the State Administrator shall consider:
(a)
The estimated daily turnout by each early voting center;
(b)
The estimated turnout for election day and absentee voting;
(c)
Historical turnout during early voting;
(d)
The length of the ballot; and
(e)
Any other factor deemed to impact turnout and the length of time to vote.
B.
Other Supplies.
(1)
A local board shall provide each early voting center with provisional ballot applications in an amount established by the State Administrator.
(2)
A local board shall deploy any other supplies required by the State Administrator.

Regulation .04 Delivery to and Return from Early Voting Center.Copy Citation

A.
Board to Develop. The local board shall develop and, with the approval of the State Administrator, adopt a written plan for the prompt and secure delivery of voting units and other election equipment and materials to and from each early voting center.
B.
Inclusions. The plan shall specify the methods of, and time frames for, these deliveries and returns.

Regulation .05 Early Voting Center Readiness and Set-Up.Copy Citation

A.
The local board shall prepare and set up each early voting centers as required by:
(1)
The election judges' instructions; and
(2)
All directives of the State Board or State Administrator.
B.
The local board may use election judges or other assigned personnel to assist with the preparation and set-up of each early voting center.

Regulation .06 Information for Voters at Early Voting Centers.Copy Citation

A.
Except as provided in §B of this regulation, a local board shall post at each early voting center:
(1)
The information required by Election Law Article, §10-306, Annotated Code of Maryland;
(2)
The number of voters who have voted as specified in the election judges' manual;
(3)
A sign, prescribed by the State Administrator, informing voters that:
(a)
Absentee ballots cannot be issued at an early voting center; and
(b)
A voter may not leave with a ballot issued at an early voting center; and
(4)
Any other sign required by the State Administrator.
B.
If a county has five or more different ballot styles in an election, posting a list of candidates and ballot questions for that election satisfies the requirement to post a specimen ballot in Election Law Article, §10-306, Annotated Code of Maryland.

Chapter 05. Election Judges

Regulation .01 Local Board Employees.Copy Citation

A.
If a local board appoints an employee to serve as an election judge, the employee may not perform any duties other than those of an election judge.
B.
At least one employee or board member of a local board shall be present at an early voting center for the following activities:
(1)
Setting up the early voting center each day of early voting; and
(2)
Closing down the early voting center each day of early voting.
C.
Applicability.
(1)
Except as provided in §C(2) of this regulation, all federal and State laws, regulations, and procedures that apply to voting during early voting and on election day apply to voting at a voting center.
(2)
An employee or board member of a local board shall:
(a)
Be present at an early voting center to open and close an early voting center on the first day of early voting;
(b)
Be present at an early voting center to close an early voting center on the last day of early voting; and
(c)
Provide remote support to open or close an early voting center on the other days of early voting if the local board does not have an employee or board member present.

Regulation .02 Number of Election Judges.Copy Citation

For each early voting center, a local board shall appoint the following:
A.
Two election judges of different party affiliations to serve as chief judges;
B.
At least one election judge to facilitate provisional voting;
C.
One election judge for each electronic pollbook;
D.
At least two election judges to facilitate voting at the voting booths and ballot marking devices; and
E.
One technical judge, unless the local board assigns an individual who is not an election judge to provide any necessary technical support.

Regulation .03 Training of Election Judges.Copy Citation

A.
Required Materials. The State Administrator shall develop and issue for the local boards:
(1)
A judges' manual that includes all information necessary to conduct early voting; and
(2)
Instruction sheets summarizing certain early voting procedures.
B.
Development of Manual. The State Administrator shall comply with the process established in COMAR 33.02.03 for developing the judges' manual.
C.
Use of Training Materials. Each local board shall use the manual and instruction sheets, or electronic copies of them, approved by the State Administrator for early voting.
D.
Judges Training Program.
(1)
For an election judge who serves during early voting, each election director shall conduct training in accordance with COMAR 33.02.03.04. and include instruction necessary to conduct early voting.
(2)
Requirements for Training Program Completion.
(a)
Each election judge shall complete the required training program.
(b)
An election director may require an election judge to attend additional classes.
(c)
Unless appointed under emergency circumstances, an individual may not serve as an election judge unless the individual completes the required training program.
(3)
Requirements for Training Compensation.
(a)
A local board shall pay at least $50 to an election judge who completes the training program, with the following stipulations:
(i)
Attendance at additional classes to train on the conduct of early voting does not entitle an election judge to further compensation.
(ii)
If the training program includes a training class that is offered through virtual instruction or online delivery and a hands-on practice session, the election judge shall complete the hands-on practice session to be entitled to compensation.
(b)
An election judge who is required to complete a training program prior to both a primary and general election is entitled to compensation for each training program.

Chapter 06. Early Voting Activities

Regulation .01 Officials' Duties Generally.Copy Citation

A.
In General. All local boards, their members, attorneys, election directors, staff members, election judges, and other assigned personnel shall faithfully and diligently perform all of the functions and duties that are assigned to them, collectively or categorically, by federal or State law or regulation, or by any manual, procedure, guideline, directive, or other instruction issued under federal or State law or regulation.
B.
Local Board Members.
(1)
Oath or Affirmation.
(a)
Each local board member shall, before the start of early voting, take and subscribe the following oath or affirmation: I . . . . . . . . , do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of Board of Canvassers, according to the Constitution and Laws of this State.
(b)
The oath or affirmation shall be administered and recorded by the clerk of the circuit court.
(2)
Throughout early voting, local board members shall be at the board office or immediately available by telephone.
C.
Board Counsel.
(1)
Oath or Affirmation.
(a)
Each local board counsel shall, before the start of early voting, take and subscribe the following oath or affirmation: I . . . . . . . . , do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, serve as counsel to the . . . . . Board of Canvassers, according to the Constitution and Laws of this State.
(b)
The clerk of the circuit court or chairman of the local board shall administer the oath or affirmation to the local board counsel.
(2)
Throughout early voting, the local board counsel shall be at the board office or immediately available by telephone.
D.
Office Hours. During early voting, the local board office shall be open to the public during its regularly scheduled business hours and all early voting hours.

Regulation .02 Communications During Early Voting.Copy Citation

A.
Between Office and Early Voting Centers. The local board shall ensure that, throughout early voting, each early voting center is equipped with the ability to communicate directly with the local board office.
B.
Communications Log.
(1)
Each local board shall maintain an early voting communications log.
(2)
The communications log shall contain the information listed in COMAR 33.07.03.02C.
(3)
If requested by the State Administrator, the election director shall submit, within the time the State Administrator requests, a copy of the communications log.

Regulation .03 Early Voting Center Evaluation Program.Copy Citation

A.
Establishment Required. Each election director shall develop and, with the approval of the State Administrator, establish and implement an early voting center evaluation program using the early voting center evaluation form issued by the State Administrator.
B.
Elements.
(1)
The program shall provide for at least two unannounced visits to each early voting center to assess the election judges' compliance with applicable procedures and their general performance.
(2)
Board members, staff members, independent contractors, or volunteers may be used to make these visits and assessments, as long as they have been properly trained in the early voting procedures outlined in the election judges' manual and supplement.
C.
Reports to Administrator.
(1)
If requested by the State Administrator, the election director shall submit a report of the results of that election's evaluation.
(2)
The report shall be submitted within the time and in the form that the State Administrator requests.

Regulation .04 Order and Decorum.Copy Citation

A.
Media.
(1)
Presence Allowed. Representatives of print or electronic media are permitted in an early voting center as long as their activities do not:
(a)
Cause disruption;
(b)
Infringe on voter privacy;
(c)
Inhibit election judges from performing their duties; or
(d)
Otherwise interfere with the orderly conduct of the election.
(2)
Notice Requested.
(a)
Media organizations are requested to provide the State Administrator or the election director with a list of those early voting centers that they intend to cover, so that the election judges can be informed.
(b)
Failure to provide this information, however, does not in any way diminish or otherwise affect the rights granted by this regulation.
B.
Cell Phones, Pagers, Cameras, etc.
(1)
In General. Except as specified in §B(2) of this regulation, electronic communication devices may not be used in an early voting center. Prohibited devices include:
(a)
Cameras;
(b)
Cellular telephones;
(c)
Pagers; or
(d)
Computer equipment.
(2)
Exceptions. This regulation does not apply to the use of:
(a)
Cameras by media representatives; or
(b)
Cellular telephones, pagers, or computer equipment by election officials or law enforcement officers, when acting in their official capabilities.

Regulation .05 Ballots — In General.Copy Citation

A.
Absentee Ballots. During early voting, a local board shall:
(1)
Issue and receive absentee ballots at the local board office pursuant to COMAR 33.11; and
(2)
Ensure that absentee ballots are not issued at an early voting center.
B.
Provisional Ballots.
(1)
Except as provided in §B(2) of this regulation, the local board shall ensure that a voter receives the ballot style for the voter's current residence.
(2)
If the voter moved after the close of voter registration, the voter may receive the ballot style for the address listed in the statewide voter registration list.
(3)
The local board shall ensure that a voter does not remove a provisional ballot issued at an early voting center.

Regulation .06 Special Assistance.Copy Citation

A.
Inability to Sign.
(1)
Subject to the requirements of §A(2) of this regulation:
(a)
If a voter is unable to sign a form used at an early voting center, an “X” or similar mark shall be accepted as that individual's signature; and
(b)
If a voter is unable to make a mark, the requirement for a signature is met by the execution of the endorsement described in §A(2) of this regulation.
(2)
In either of the situations described in §A(1) of this regulation, the election judge checking in or otherwise assisting the voter shall sign and date, on the back of the form, an endorsement indicating that the voter was:
(a)
Unable to sign the voter's name; and
(b)
If the voter was unable to sign the voter authority card, found qualified to vote by that election judge.
B.
Assistance Needed to Cast Ballot.
(1)
This section applies when, because of a physical disability or an inability to read or write English, a voter requests assistance in marking or casting the ballot or in filling out a provisional ballot application.
(2)
Selection of Individual to Assist.
(a)
As provided in Election Law Article, Annotated Code of Maryland, the voter may select anyone to assist the voter, except:
(i)
The voter's employer;
(ii)
The voter's union representative;
(iii)
An officer or agent of the voter's employer or union;
(iv)
For a voter casting a provisional ballot, a candidate who is on the voter's ballot; or
(v)
A challenger or watcher who has been designated as such for this election.
(b)
If the voter declines to select an individual to assist the voter, two election judges representing different political parties shall assist the voter.
(3)
The election judges or person assisting the voter shall complete the Voter Assistance Form and the information required by COMAR 33.07.05.
(4)
Assistance provided under this regulation shall be limited to:
(a)
Reading the instructions or the content of the ballot or the application form to the voter; and
(b)
As directed by the voter, marking or casting the ballot, operating the voting unit, or completing a provisional ballot.
C.
Name Not on Election Register.
(1)
If a voter's name does not appear in the election register, the election judges shall follow the procedures specified in the election judges' manual.
(2)
When providing instruction to election judges, the election director shall comply with the procedures required by COMAR 33.07.05.03B.
D.
Powers of Attorney. The right to vote may not be delegated to any other person, whether by power of attorney or otherwise.

Regulation .07 Identification Requirements.Copy Citation

A.
Scope. This regulation applies only to an individual who:
(1)
Registered to vote in Maryland after January 1, 2003;
(2)
Submitted the voter registration application by mail or is required to provide personal identification information to complete a verification inquiry under COMAR 33.05.04.04;
(3)
Is voting in Maryland for the first time after January 1, 2004; and
(4)
Is voting in person at an early voting center.
B.
Definitions. In this regulation, the following terms have the meanings indicated:
(1)
“MVA” means the Motor Vehicle Administration.
(2)
“VRA” means voter registration application.
C.
Identification Required. Except as provided in §D of this regulation, an individual covered by this regulation shall present personal identification information on the request of an election judge.
D.
Requirement Satisfied. Personal identification information is not required at the time of voting if:
(1)
The State Board has matched with an existing State identification record the individual's name, date of birth, and the MVA identification number or at least the last four digits of the Social Security number provided by the individual on or with the VRA; or
(2)
The individual has previously submitted to the local board a copy of personal identification information.
E.
Issuance of Provisional Ballot. If an individual covered by this regulation does not present the required personal identification information, an election judge shall offer the individual a provisional ballot application and, upon completing the application, the individual shall be issued a provisional ballot under COMAR 33.16.

Regulation .08 Challengers and Watchers.Copy Citation

A.
Designating Entities. The procedures specified in COMAR 33.07.07.01 apply to designating entities appointing challengers or watchers for early voting.
B.
Permissive Activities of Accredited Challengers or Watchers . An accredited challenger or watcher may perform the activities defined in Election Law Article, §10-311(b), Annotated Code of Maryland, and COMAR 33.07.07.02.
C.
Prohibited Acts of Challengers or Watchers. The prohibited acts and removal process specified in COMAR 33.07.07.03 apply during early voting.
D.
Election Judges. The requirements for election judges specified in COMAR 33.07.07.04 apply during early voting.

Regulation .09 Challenging Voters.Copy Citation

A.
The process specified in COMAR 33.07.08 for challenging voters applies during early voting.
B.
Grounds for Challenge. A challenger may challenge an individual's right to vote only if the challenger has a reasonable basis for asserting that the individual seeking to vote is not the registered voter that the individual claims to be.
C.
Challenge Record.
(1)
In General. If a challenge is made to a voter's identity and the challenged individual does not present any of the forms of identification specified in Election Law Article, §10-312(a)(2), Annotated Code of Maryland, the Chief Judge or Chief Judges shall record the proceedings on an identity challenge record, in the form that the State Administrator prescribes.
(2)
Contents. The form shall contain appropriate places for:
(a)
The challenger and the challenged voter to sign an oath or affirmation, under penalties of perjury, that the individual's responses and statements will be the truth;
(b)
The signature of the Chief Judge who administered each oath; and
(c)
The reason given for the challenge.

Regulation .10 Electioneering.Copy Citation

A.
Electioneering — Election Offices. Electioneering is prohibited within the offices of a local board or the State Board on each day of early voting.
B.
Clothing, Buttons, etc., in an Early Voting Center.
(1)
In General. Except as specified in §B(2) of this regulation, an individual, including any candidate, watcher, or challenger, may not enter the No Electioneering Zone outside an early voting center while visibly wearing or carrying any clothing, button, sticker, sign, or other paraphernalia that indicates support or opposition to a candidate, question, or contest.
(2)
Exception. This regulation does not apply to clothing, buttons, or stickers worn by a voter who, without lingering, enters the early voting center, votes, and then leaves.
C.
No Electioneering Zone.
(1)
Except as provided in §C(2) of this regulation, a No Electioneering Zone for an early voting center is established in accordance with COMAR 33.07.09.01 and Election Law Article, §16-206(b), Annotated Code of Maryland.
(2)
If an early voting center is located in a multiuse facility, the No Electioneering Zone is 100 feet from the entrance closest to the space in which early voting is being conducted.

Regulation .11 Exit Polling.Copy Citation

A.
In General. Exit polling, whether by questionnaire or interview, is permitted within the No Electioneering Zone outside an early voting center, subject to the conditions specified in §B of this regulation.
B.
Conditions. A pollster:
(1)
May not enter the voting room;
(2)
May not ask questions of a voter until the voter has left the voting room;
(3)
Shall inform each voter being polled that the voter's participation is voluntary; and
(4)
May not electioneer.
C.
Notice Requested.
(1)
Polling organizations are requested to provide the State Administrator or the election director with a list of those polling places that they intend to cover, so that the election judges can be informed.
(2)
Failure to provide this information, however, does not in any way diminish or otherwise affect the rights granted by this regulation.

Chapter 07. Non-Voting Hours Procedures

Regulation .01 Voting Equipment Supplies.Copy Citation

At the end of each night of early voting, the local board shall ensure that:
A.
The election judges have closed all equipment in accordance with the procedures in the election judges' manual;
B.
All equipment, unvoted ballots, and supplies are secured in accordance with the security plan required by COMAR 33.17.02.04;
C.
The following supplies are returned to the local board office:
(1)
The sealed provisional ballot bag with completed provisional ballot applications and voted provisional ballots; and
(2)
All signed voter authority cards;
D.
Ballot and other reconciliation procedures specified in the election judges' manual are performed; and
E.
Any other procedure required by the State Administrator is performed.

Regulation .02 Early Voting Center.Copy Citation

At the end of each night of early voting, the local board shall ensure that the room in which early voting is conducted and any designated storage areas are secured in accordance with the security plan required by COMAR 33.17.02.04.

Regulation .03 Processing and Storing Ballots.Copy Citation

A.
In accordance with COMAR 33.16, the local board may process provisional ballot applications received during the early voting period.
B.
The local board shall maintain ballots voted during early voting:
(1)
Grouped by batch number; and
(2)
Separate from ballots voted on election day, absentee ballots, and provisional ballots.

Regulation .04 Post-Early Voting Activities.Copy Citation

A.
Return of Equipment. On the last day of early voting, a local board shall transport all voting units used during early voting to the local board facility for secure storage.
B.
Generating Early Voting Results. On election day and in accordance with the security plan established by the State Administrator under §D of this regulation, each local board shall:
(1)
Beginning no earlier than 9 a.m., print a totals report for each unit used during early voting and aggregate the early voting results;
(2)
Except as described in §C of this regulation, allow individuals to observe the process described in §B(1) of this regulation;
(3)
Report the early voting results to the State Board by 7 p.m.
C.
Observation — Exception. A local board is not required to allow for observation if prohibiting public observation is necessary to ensure:
(1)
The integrity or accuracy of the canvass; or
(2)
That the canvass is not impeded.
D.
Security Plan. The State Administrator shall develop a security plan that provides procedures that will be taken to ensure that election results will not be released to the public prior to the end of the election.

Chapter 08. Appeals Process for Public Buildings

Regulation .01 Purpose.Copy Citation

The purpose of this chapter is to provide a uniform procedure for a public building to appeal its selection as an early voting center by a local board of election, pursuant to Election Law Article, §10-301.1, Annotated Code of Maryland.

Regulation .02 Public Building Defined.Copy Citation

“Public building” means a building, structure, or improved area that is:
A.
Owned by the State or any political subdivision of the State; or
B.
Leased by the State or a political subdivision of the State.

Regulation .03 Who May File.Copy Citation

A public official responsible for the public building that has been selected to be used as an early voting center by a local board may file an appeal under this chapter.

Regulation .04 Form of Appeal.Copy Citation

A.
Writing and Notarization. An appeal shall be in writing, signed and sworn by the public official responsible for the public building, and notarized.
(1)
The appeal shall provide the following information:
(a)
Reason use of the public building is a hardship;
(b)
Who the hardship affects;
(c)
Any violations of law that would arise by using the public building as an early voting center; and
(d)
Any other information pertinent to the designation of the public building as an early voting center or the hardship.
(2)
The appeal must be in writing and bear the original signature of the public official.
B.
Prescribed or Other Form. The public official may use:
(1)
The form prescribed by the State Board, which is available from the State or from any local board, or which may be downloaded from the State Board website; or
(2)
Any other form satisfying the requirements of §A of this regulation.

Regulation .05 Place and Time for Filing; Copy for State Board.Copy Citation

A.
Place for Filing. An appeal shall be filed with the local board that selected the public building or use as an early voting center.
B.
Time for Filing. An appeal shall be filed within 15 days after the local board gives written notice of intent indicating that the public building will be used as an early voting center.
C.
Copy for State Board. The public official shall mail or deliver a copy of the appeal to the State Board, to the attention of the State Administrator.

Regulation .06 Opportunity to Be Heard by Local Board of Elections.Copy Citation

A.
General Requirements.
(1)
If a local board issues a written notice of intent to the public building indicating that the public building will be used as an early voting center, the local board shall offer the public official the opportunity to appear before the local board to show cause why the public building should not be used for early voting.
(2)
The opportunity to be heard shall be afforded the public official no more than 15 days after the request is made under Regulation .04 of this chapter.
B.
Notice Requirements. The notice requirements for the opportunity to be heard are as follows:
(1)
The local board shall provide at least 72 hours notice of the board meeting where the public official will be given the opportunity to be heard.
(2)
The public official shall confirm attendance at the board meeting 24 hours in advance of the meeting.
C.
Format of the Meeting.
(1)
The members of the local board may be recognized by the presiding member to ask questions of either party appearing before the local board.
(2)
The public official may:
(a)
Present witnesses;
(b)
Submit evidence; and
(c)
Respond to questions from members and the presiding member of the local board.
(3)
The local board shall determine the amount of time the public official has to be heard, and present evidence and witnesses.
(4)
The opportunity to be heard shall be offered in person or virtually.

Regulation .07 Decision by Local Board of Elections.Copy Citation

A.
Final Determination.
(1)
If there has been no information provided under Regulation .06 of this chapter, the local board shall review the record and determine whether the decision to use the public building as an early voting center should be upheld.
(2)
After an opportunity to be heard is provided under Regulation .06 of this chapter, the local board shall determine whether use of the public building would constitute an undue burden on the public building.
B.
Form of Determination.
(1)
The local board shall provide written notice of its decision under §A of this regulation within 3 days of the opportunity to be heard.
(2)
The local board shall explain in the written decision the reasons for the determination.
(3)
The local board shall include information about the public official’s ability to appeal to the State Board.
C.
Notice of Determination. The final determination of the local board shall be:
(1)
Mailed to the public official, the State Board, and any other interested person who has asked in writing to be advised of the final determination;
(2)
Published on the State Board website; and
(3)
Made available on request to any interested person.

Regulation .08 Appeal to the State Board of Elections.Copy Citation

A.
Place for Filing.
(1)
If a local board denies an appeal by a public official under Regulation .07 of this chapter, the public official may appeal the decision to the State Board.
(2)
A complaint shall be filed with the State Board to the attention of the State Administrator.
B.
Contents of Filing: The appeal shall provide the following information:
(1)
Reason use of the public building is a hardship;
(a)
Who the hardship affects;
(b)
Any violations of law that would arise by using the public building as an early voting center; and
(c)
Any other information pertinent to the designation of the public building as an early voting center or the hardship.
(2)
How the local board abused its discretion in selecting the public building for use as an early voting center.
(a)
Request an absentee ballot for a special election; and
(b)
Return an absentee ballot by mail in a timely manner.
C.
Prescribed or Other Form. The public official may use:
(1)
The form prescribed by the State Board, which is available from the State or from any local board, or which may be downloaded from the State Board website; or
(2)
Any other form satisfying the requirements of §A of this regulation.
(3)
The appeal must be in writing, signed and sworn by the public official responsible for the public building, and notarized.
D.
Time for Filing. A complaint shall be filed within 5 days after the local board gives notice that appeal has been denied.
E.
Copy for Local Board. The public official shall mail or deliver a copy of the complaint to the local board, to the attention of the election director.

Regulation .09 Opportunity to be Heard by the State Board of Elections.Copy Citation

A.
If the public official appeals an adverse decision by the local board, the State Board shall offer the public official the opportunity to appear before the Board to show cause why the public building should not be used for early voting.
B.
Notice Requirements. The notice requirements for the opportunity to be heard are as follows:
(1)
The State Board shall provide the local board and public official at least 72 hours notice of the board meeting where the public official will be given the opportunity to be heard.
(2)
The public official and local board shall confirm attendance at the board meeting 24 hours in advance of the meeting.
C.
The members of the State Board may be recognized by the presiding member to ask questions of either party appearing before the State Board.
D.
If a public official or local board chooses not to attend in person, the opportunity to submit a written response shall be provided by the State Board.

Regulation .10 Decision by State Board of Elections.Copy Citation

A.
Final Determination.
(1)
If there has been no information provided under Regulation .09 of this chapter, the State Board shall review the record and determine whether the decision to use the public building as an early voting center should be upheld.
(2)
After an opportunity to be heard is provided under Regulation .09 of this chapter, the State Board shall determine whether the local board abused its discretion in determining that the use of the public building would not constitute an undue burden.
B.
Form of Determination.
(1)
The State Board shall provide written notice of its decision under §A of this regulation within 3 days of the opportunity to be heard.
(2)
The State Board shall explain in a written decision the reasons for the determination.
(3)
The State Board shall include that the decision is final.
C.
Notice of Determination. The final determination of the State Board shall be:
(1)
Mailed to the public official, the local board, and any other interested person who has asked in writing to be advised of the final determination;
(2)
Published on the State Board website; and
(3)
Made available on request to any interested person.