# COMAR Title 33 — State Board of Elections

## Subtitle 17 — Early Voting

### Chapter 07 — Non-Voting Hours Procedures

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 10-301.1, 11-301, and 11-309, Annotated Code of Maryland

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

**Administrative History:** Regulation .01A amended effective October 2, 2023 (50:19 Md. R. 854)

**Administrative History:** Regulation .01C amended effective September 6, 2010 (37:18 Md. R. 1216)

**Administrative History:** Regulation .01D amended effective October 2, 2023 (50:19 Md. R. 854)

**Administrative History:** Regulation .03B amended effective April 27, 2026 (53:8 Md. R. 356)

**Administrative History:** Regulation .04 amended effective September 6, 2010 (37:18 Md. R. 1216); February 29, 2016 (43:4 Md. R. 338)

**Administrative History:** Regulation .04B, C amended effective August 22, 2011 (38:17 Md. R. 1015)

#### Regulation .01 Voting Equipment Supplies.

*COMAR 33.17.07.01*

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.

*COMAR 33.17.07.02*

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.

*COMAR 33.17.07.03*

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.

*COMAR 33.17.07.04*

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.