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<regulation prefix="Regulation" num=".02" citation="COMAR 33.17.02.02" title_num="33" subtitle_num="17" chapter_num="02" heading="Selecting Early Voting Centers.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Proximity of the early voting center to dense concentrations of voters such that:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Accessibility of the early voting center by public transportation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Use of community centers and public gathering places as locations for early voting centers;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Requirements for Early Voting Centers. A local board shall propose early voting center locations that:</text>
    <paragraph num="(1)">
      <text>Allow a local board to install the required telecommunication needs;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Are of sufficient size and layout to conduct early voting, including adequate access to electricity;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Are accessible or can be made accessible for voters with disabilities;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Can store voting equipment and supplies in a secure location during non-early voting hours;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Have sufficient and reliable heating and air-conditioning capabilities; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Form for Proposed Early Voting Center.</text>
    <paragraph num="(1)">
      <text>The State Board shall:</text>
      <paragraph num="(a)">
        <text>Prescribe a form for a local board to use to provide information about a proposed early voting center; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide each local board with the form at least 9 months before a primary election.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Form Submission for Early Voting Center.</text>
      <paragraph num="(a)">
        <text>At least 7 months before a primary election, a local board shall submit a form for each proposed early voting center.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If a local board is required to have more than one early voting center, the local board shall:</text>
        <paragraph num="(i)">
          <text>Complete a form for each proposed early voting center; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Submit the forms for each proposed early voting centers at the same time.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Additional Information. For each proposed early voting center, a local board shall submit with the form required in §C of this regulation:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State of Maryland's Accessibility Survey form;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Digital photographs of the outside of and entrance to the proposed early voting center; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The security plan required by Regulation .04 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>A list of other facilities that were considered, and why those facilities are not being proposed as early voting centers; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Have a clearly marked space for early voting that is distinct and separate from absentee voting that occurs at the office; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Post signs and include in all election-specific materials the business hours of the local board and the early voting hours.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Optional Early Voting Centers.</text>
    <paragraph num="(1)">
      <text>In addition to the early voting centers required in this subsection, each county may establish one additional early voting center if:</text>
      <paragraph num="(a)">
        <text>First, the local board and the governing body of the county agree to establish an additional early voting center; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Then, the State Board approves the establishment of the additional early voting center.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>In approving an additional early voting center, the governing body of the county must acknowledge the following in writing:</text>
      <paragraph num="(a)">
        <text>The approval of the additional center is for the next Statewide election cycle, unless the governing body specifies approval for all future elections; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Once approved for the next Statewide election cycle, that approval cannot be rescinded.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>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.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Alternate Early Voting Centers.</text>
    <paragraph num="(1)">
      <text>A local board shall identify an alternate early voting center for use if an approved early voting center becomes unavailable.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A local board shall identify:</text>
      <paragraph num="(a)">
        <text>One alternate early voting center if the local board is required to establish one, two, or three early voting centers; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Two alternate early voting centers if the local board is required to establish four or more early voting centers.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A local board shall:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Upon approval by the State Administrator of the alternate early voting center:</text>
        <paragraph num="(i)">
          <text>Submit the form to the appropriate local government agencies; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>