Date to Determine Number of Registered Voters. 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. For purposes of making this determination, the State Administrator shall include only active voters. 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. 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: Accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups; Proximity of the early voting center to dense concentrations of voters such that: 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 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; Accessibility of the early voting center by public transportation; 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; Use of community centers and public gathering places as locations for early voting centers; 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 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. Requirements for Early Voting Centers. A local board shall propose early voting center locations that: Allow a local board to install the required telecommunication needs; Are of sufficient size and layout to conduct early voting, including adequate access to electricity; Are accessible or can be made accessible for voters with disabilities; Can store voting equipment and supplies in a secure location during non-early voting hours; Have sufficient and reliable heating and air-conditioning capabilities; and 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. Form for Proposed Early Voting Center. The State Board shall: Prescribe a form for a local board to use to provide information about a proposed early voting center; and Provide each local board with the form at least 9 months before a primary election. Form Submission for Early Voting Center. At least 7 months before a primary election, a local board shall submit a form for each proposed early voting center. If a local board is required to have more than one early voting center, the local board shall: Complete a form for each proposed early voting center; and Submit the forms for each proposed early voting centers at the same time. 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. 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. Additional Information. For each proposed early voting center, a local board shall submit with the form required in §C of this regulation: 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; The State of Maryland's Accessibility Survey form; Digital photographs of the outside of and entrance to the proposed early voting center; and The security plan required by Regulation .04 of this chapter. 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: A list of other facilities that were considered, and why those facilities are not being proposed as early voting centers; and 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. 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: Have a clearly marked space for early voting that is distinct and separate from absentee voting that occurs at the office; and Post signs and include in all election-specific materials the business hours of the local board and the early voting hours. Optional Early Voting Centers. In addition to the early voting centers required in this subsection, each county may establish one additional early voting center if: First, the local board and the governing body of the county agree to establish an additional early voting center; and Then, the State Board approves the establishment of the additional early voting center. In approving an additional early voting center, the governing body of the county must acknowledge the following in writing: The approval of the additional center is for the next Statewide election cycle, unless the governing body specifies approval for all future elections; and Once approved for the next Statewide election cycle, that approval cannot be rescinded. 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. 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. Alternate Early Voting Centers. A local board shall identify an alternate early voting center for use if an approved early voting center becomes unavailable. 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. A local board shall identify: One alternate early voting center if the local board is required to establish one, two, or three early voting centers; or Two alternate early voting centers if the local board is required to establish four or more early voting centers. A local board shall: 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 Upon approval by the State Administrator of the alternate early voting center: Submit the form to the appropriate local government agencies; and 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. 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. Required Provisions. The agreement shall contain the following provisions: The dates and times when a local board requires access to the facility; The amount of compensation, if any, a local board is required to pay to use the facility as an early voting center; Authorization to install and test equipment and telecommunications connections before early voting, and remove equipment and connections after early voting; Authorization to install temporary measures to improve access to the early voting center for voters with disabilities; Require the facility to provide a local board with its policies and procedures for inclement weather and other emergency situations; Whether the facility or the local board is responsible for providing appropriate services in case of inclement weather or other emergency situations; If agreed to by the facility's authorized representative, a copy of the facility's disaster recovery plan; Authorization to establish a no electioneering zone during early voting; and Authorization to allow exit polling within the no electioneering zone. 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. 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. Contents of Plan. 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. The plan shall include: 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; 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; 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 Any additional security measures that will be taken during early voting and non-early voting hours. At the request of the State Administrator or when it is considered necessary, an election director shall: Review and update the early voting security plan; and If updated, within 2 days of updating the plan, submit a copy of the updated plan to the State Administrator. Review and Acceptance of Plan. 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. Within 30 days of receipt of an early voting security plan, the State Administrator shall review and provide feedback to a local board. A local board shall update its plan according to the feedback provided the State Administrator. Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301.1, Annotated Code of Maryland Effective date: January 14, 2010 (37: 1 Md. R. 17) Regulation .01A amended effective August 22, 2011 (38:17 Md. R. 1015) Regulation .02 amended effective April 4, 2022 (49:7 Md. R. 469); July 10, 2023 (50:13 Md. R. 514); November 24, 2025 (52:23 Md. R. 1140) Regulation .02A, F amended as an emergency provision effective September 25, 2020 (47:22 Md. R. 934); emergency provision expired December 31, 2020 Regulation .02G amended effective May 31, 2010 (37:11 Md. R. 768) Regulation 04A, C amended effective July 10, 2023 (50:13 Md. R. 514)