# COMAR Title 33 — State Board of Elections

## Subtitle 17 — Early Voting

### Chapter 06 — Early Voting Activities

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 9-406, and 10-301.1, Annotated Code of Maryland

**Administrative History:** Effective date: April 19, 2010 (37:8 Md. R. 624)

**Administrative History:** Regulation .05 amended effective September 6, 2010 (37:18 Md. R. 1216)

**Administrative History:** Regulation .06B amended effective September 6, 2010 (37:18 Md. R. 1215)

**Administrative History:** Chapter revised effective March 19, 2012 (39:5 Md. R. 384)

**Administrative History:** Regulation .05A amended as an emergency provision effective October 27, 2020 (47:24 Md. R. 1033); emergency provision expired December 31, 2020

**Administrative History:** Regulation .05A amended effective February 8, 2021 (48:3 Md. R. 94)

**Administrative History:** Regulation .05B amended effective January 6, 2025 (51:26 Md. R. 1187)

**Administrative History:** Regulation .10B, C amended effective April 15, 2024 (51:7 Md. R. 334)

#### Regulation .01 Officials' Duties Generally.

*COMAR 33.17.06.01*

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.

*COMAR 33.17.06.02*

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.

*COMAR 33.17.06.03*

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.

*COMAR 33.17.06.04*

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.

*COMAR 33.17.06.05*

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.

*COMAR 33.17.06.06*

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.

*COMAR 33.17.06.07*

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.

*COMAR 33.17.06.08*

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.

*COMAR 33.17.06.09*

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.

*COMAR 33.17.06.10*

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.

*COMAR 33.17.06.11*

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.