# COMAR Title 33 — State Board of Elections ## Subtitle 17 — Early Voting ### Chapter 08 — Appeals Process for Public Buildings **Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301.1, Annotated Code of Maryland **Administrative History:** Effective date: September 29, 2025 (52:19 Md. R. 957) #### Regulation .01 Purpose. *COMAR 33.17.08.01* 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. *COMAR 33.17.08.02* “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. *COMAR 33.17.08.03* 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. *COMAR 33.17.08.04* 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. *COMAR 33.17.08.05* 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. *COMAR 33.17.08.06* 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. *COMAR 33.17.08.07* 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. *COMAR 33.17.08.08* 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. *COMAR 33.17.08.09* 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. *COMAR 33.17.08.10* 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.