In this subtitle, the following terms have the meanings indicated. Terms Defined. “Absent uniformed services voter” has the meaning stated in 42 U.S.C. §1973ff-6. “Address of record” means the address where the vote-by-mail ballot is sent, as follows: If the voter has a mailing address in the statewide voter registration system, the address of record is the voter’s mailing address. If the voter does not have a mailing address in the statewide voter registration system, the address of record is the voter’s residential address. “Local special election” has the meaning stated in Election Law Article, §9-501, Annotated Code of Maryland. “Overseas voter” has the meaning stated in 42 U.S.C. §1973ff-6. Regular Ballot. “Regular ballot” means a ballot that is voted and counted at a voting center. “Regular ballot” does not include a provisional ballot. “Request for vote-by-mail ballot” means the form used to request a vote-by-mail ballot be sent to an address other than the address of record or by electronic transmission. “Vote-by-mail ballot” means a ballot required by Election Law Article, §9-502, Annotated Code of Maryland. “Voter” means a registered voter who is eligible to vote in the special election. Applicability. This subtitle applies if a special election by mail is directed by: The Governor in the proclamation issued under Election Law Article, §8-710, Annotated Code of Maryland; or A county council or board of county commissioners by resolution under the applicable local law. Conduct of Election. Except as provided in §B(2) of this regulation, a local board shall conduct a special election by mail in accordance with all applicable federal and State election laws and regulations. Except as provided in COMAR 33.19.01.01C, a local board may not offer voter registration or address changes after the deadline established in the proclamation or resolution. Required Notice. The local board shall provide notice of the special election by: Publishing or disseminating the notice by mass communication no later than 2 calendar weeks before the special election; Posting information on the local board’s website and social media outlets; and Issuing a media and press release. Additional Notice. The State Administrator may require the local board to provide additional notice if a local board is conducting its first special election by mail. Contents of Notice. The notice shall include information about how a voter can vote by mail and the locations, days, and hours for voting in person. Specimen Ballot. The local board is not required to mail specimen ballots. Election Law Article, §§2-102, 9-501, and 9-506, Annotated Code of Maryland; 42 U.S.C. §1973ff-6 Effective date: September 28, 2015 (42:19 Md. R. 1229) Regulation .02B amended effective July 10, 2023 (50:13 Md. R. 514) No Request Required. Except as provided in §B of this regulation, a voter is not required to submit a request for a vote-by-mail ballot to receive a vote-by-mail ballot. When Request Required — In General. Except as provided in §C of this regulation, a voter shall submit a request for a vote-by-mail ballot if the voter wants to receive the ballot: At an address other than the voter’s address of record; or Via electronic transmission as defined in COMAR 33.11.01.01B(3). When Request Required — Exception. If an absent uniformed services voter or an overseas voter previously submitted an absentee ballot application in the same calendar year as the special election and requested that the absentee ballot be sent to an address other than the voter’s address of record or sent via electronic transmission, the absent uniformed services voter or overseas voter is not required to submit a request for a vote-by-mail ballot. Additional Request Methods. A voter may submit an informal written request for a vote-by-mail ballot as long as the request meets the requirements of COMAR 33.11.02.03. In-Person Request. A local board may accept from a voter or a voter’s agent an in-person request for a vote-by-mail ballot. If a voter submits a request for a vote-by-mail ballot under Regulation .01B, a voter shall submit the request: On or before 8 p.m. on the Tuesday before the special election if the voter wants the vote-by-mail ballot by mail or fax; or On or before 11:59:59 p.m. on the Tuesday before the special election if the voter wants the vote-by-mail ballot by Internet. Election Law Article, §§2-102, 9-501, 9-502, and 9-506, Annotated Code of Maryland Effective date: September 28, 2015 (42:19 Md. R. 1229) Instructions Required. Instructions for marking and returning the ballots shall accompany the vote-by-mail ballots. Form and Content. The State Board shall prescribe the form and content of the instructions. Required Information. The State designated means of electronic communication shall be included in the instructions. Outgoing Envelopes. Vote-by-mail ballots shall be enclosed in specially printed envelopes. Return Envelopes. If a vote-by-mail ballot is sent by mail, the mailing shall include a return envelope for the voter to use to return the voted ballot. If a vote-by-mail ballot is sent by electronic transmission, the transmission shall include an envelope template showing the voter how to address the return envelope. Form and Content. The State Board shall prescribe the form and content of the envelopes. Postage Paid. If a vote-by-mail ballot is sent by mail, the return envelope shall include prepaid postage. Request for Personal Identification Information on Return Envelope. If an individual is required to show personal identification information under COMAR 33.11.02.07, the mailing shall clearly indicate that personal identification information is required. Issued to Voter. A local board shall issue a vote-by-mail ballot to a voter or a voter’s agent. If an absent uniformed services voter or an overseas voter is not required to submit an application for a vote-by-mail ballot under COMAR 33.21.02.01C, a local board shall issue a vote-by-mail ballot via the delivery method on file for that voter. Replacement Vote-by-Mail Ballots. A local board shall issue to a voter or voter’s agent a replacement vote-by-mail ballot if the election director has reasonable grounds to believe that the previously issued ballot is lost, destroyed, spoiled, or not received. If a voter or the voter’s agent submits a request for a vote-by-mail ballot after the local board mailed the voter a vote-by-mail ballot, the election director shall void the first ballot and issue the voter a second ballot. If a voter or voter’s agent requests in person a replacement vote-by-mail ballot, the voter or the voter’s agent shall complete and submit to the local board the designated form. A local board may not issue more than three ballots to a voter. Method of Transmission. Except as provided in §A(2) of this regulation, the local board shall mail by nonforwardable mail a vote-by-mail ballot to each voter. If a voter submits a timely request for vote-by-mail ballot and requests that the ballot be transmitted by other means, the local board shall transmit the ballot by the method requested by the voter. Address Where Ballot Mailed. Except as provided in §B(2) of this regulation, the local board shall mail the vote-by-mail ballot to the voter’s address of record in the Statewide voter registration system. If the voter submitted a request for a vote-by-mail ballot and provided another address, the local board shall mail the ballot to the address on the request. Mailing Deadline. A local board shall mail vote-by-mail ballots: To absent uniformed services voters and overseas voters, at least 45 days before the day of the special election; and To all other voters, at least 30 days before the day of the special election. Date Stamp Return Envelope. Whenever a vote-by-mail ballot is received by a local board office, the election director shall stamp the return envelope with the date received. Ballots Returned Without Return Envelope. If a vote-by-mail ballot is returned in an envelope other than the envelope provided by the local board and the envelope was opened during the normal process of opening mail, the election director shall immediately: Tape the envelope closed; Initial the tape and write “Vote-by-Mail” on the envelope; and Stamp the envelope with the date received. Ballots Returned to Wrong Election Office. If a vote-by-mail ballot is received by the wrong election office, that office shall immediately: Stamp the envelope with the date received; and Send the ballot to the appropriate local board office, with the ballot envelope unopened and, except for the date stamp, unmarked and unchanged in any way. The date stamped on the envelope under §C(1)(a) of this regulation is the official date of receipt of that ballot. Ballots in Return Envelope with Request for Personal Identification Information. A return envelope marked with a request for personal identification information shall be considered a provisional ballot and canvassed under COMAR 33.16.05. Until the canvass begins, every vote-by-mail ballot shall: Remain sealed in: The security envelope for Federal Write-In Absentee Ballots; or The return envelope for all other ballots; and Be stored in a secure location to which the public does not have access. Definition. In this regulation, the following term has the meaning indicated. Defined Term — United States. “United States” means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. “United States” does not include American Samoa, the Canal Zone, Guam, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, an Army Post Office address, or a Fleet Post Office address. In General. A vote-by-mail ballot is considered to have been timely received only if: The ballot is received by the local board office or at a voting center on or before 8 p.m. on the day of a special election; or The ballot: Is received by the local board office from the United States Postal Service or a private mail carrier on or before 10 a.m. on the second Friday after a special election; and Was mailed on or before the day of the special election, as verified: By a postmark of the United States Postal Service, an Army Post Office, a Fleet Post Office, or the postal service of any other country; or By the voter’s affidavit that the ballot was completed and mailed on or before the day of the special election, if the return envelope does not contain a postmark or the postmark is illegible. Untimely Ballots. A vote-by-mail ballot that is not timely received as provided in this regulation may not be counted. Election Law Article, §§2-102, 9-501, 9-502, and 9-504—9-506, Annotated Code of Maryland; 42 U.S.C. §1973ff-1 Effective date: September 28, 2015 (42:19 Md. R. 1230) Regulation .02D amended effective July 10, 2023 (50:13 Md. R. 514); January 8, 2024 (50:26 Md. R. 1132) Regulation .03A amended effective July 10, 2023 (50:13 Md. R. 514) Regulation .04C amended effective March 2, 2026 (53:4 Md. R. 186) Number of Voting Centers. The local board shall establish at least one voting center for a special election. Location. A voting center shall be located at the local board office or another location within the constituency where the special election is being held. The public official responsible for the use of any public building requested by the local board for a voting center shall make available to the local board, without charge, the space that is needed in the building for the proper conduct of an election. Light, heat, and custodial and janitorial services for the space shall be provided to the local board without charge. Days and Hours. Except as provided in the proclamation issued by the Governor directing that the special election be conducted by mail or Regulation .02 of this chapter, a voting center shall be open for voting each day beginning 6 days before the day of a special election through the day of the special election during the hours between: 10 a.m. and 8 p.m., Monday through Saturday; and 12 noon and 6 p.m. on Sunday. Applicability. All federal and State laws, regulations, and procedures that apply to voting during early voting and on election day apply to voting at a voting center. Applicability. This regulation only applies to a local special election in Montgomery County. Location of Voting Centers. The local board shall establish: For a special election held in a single county council district, at least one voting center in the county council district where the special election is being held; or For a countywide special election, at least one voting center shall be established in each county council district. Voting Times. A voting center shall be open the days and hours that the county council specified in the resolution issued under Election Law Article, §9-501(d)(2), Annotated Code of Maryland. Minimum Requirements. A local board shall ensure that each voting center: Has the Statewide voting system for polling place voting, including an accessible device for voters with disabilities; Provides for provisional voting in accordance with Election Law Article, Subtitle 4, Annotated Code of Maryland; Has the minimum amount of voting equipment as provided in Regulation .06 of this chapter; and Satisfies the requirements of Election Law Article, §10-101, Annotated Code of Maryland, and accommodates the technical requirements to conduct an election. Local Board Office. If a local board office is a voting center, the local board office shall be: Located in the district where the special election is being held; Accessible for voters with disabilities; and Satisfy the requirements of Election Law Article, §10-101, Annotated Code of Maryland. Form for Proposed Voting Centers. The State Board shall prescribe a form for a local board to use to provide information about a proposed voting center. Except as provided in §A(3) of this regulation, the local board shall use the form prescribed by the State Board. If the local board intends to use: The local board’s office as the voting center for any special election, the local board shall certify that the local board office complies with Election Law Article, §10-101, Annotated Code of Maryland; or A voting center approved under COMAR 33.17.02.02F, the local board shall provide the State Administrator with the name and address of the approved voting center the local board intends to use as a voting center for the special election. Form Submission for Proposed Voting Centers. At least 45 days before a special election, the local board shall submit to the State Administrator: A form for each proposed voting center; A certification that the local board’s office complies with Election Law Article, §10-101, Annotated Code of Maryland; or The name and address of the approved voting center that the local board is proposing to use as the voting center for the special election. State Administrator Approval. Upon receipt of a form for a proposed voting center, the State Administrator shall review the form or certification and determine whether the proposed voting center is sufficient. Within 3 business days of receiving the form, the State Administrator shall notify the local board of the State Administrator’s decision. Security Plan Required. For the proposed voting center, an election director shall submit to the State Administrator a security plan for approval. Contents of Plan. The 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 voting and nonvoting hours. The plan shall include: A description of each entrance, including windows, to the area where equipment and supplies will be secured during nonvoting 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 nonvoting 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 voting and nonvoting hours. At the request of the State Administrator or when it is considered necessary, an election director shall: Review and update the security plan; and If updated, submit within 2 days of updating the plan a copy of the updated plan to the State Administrator. Review and Acceptance of Plan. The State Administrator shall review a local board’s security plan and may require a local board to make changes to the plan, including implementing additional security measures. Within 3 days of receiving the security plan, the State Administrator shall provide to the local board any feedback. A local board shall update its plan according to the feedback provided by the State Administrator. Submission of Allocation Plan. The local board shall work with the State Administrator to develop a plan for the allocation of equipment, personnel, and supplies. Plan Requirements. The plan shall include the proposed number of: Voting units, including accessible voting devices; Electronic pollbooks; Election judges; and Provisional ballot applications Election Law Article, §§2-102, 9-501, 9-503, and 9-506, Annotated Code of Maryland Effective date: September 28, 2015 (42:19 Md. R. 1230) Regulation .06 amended effective July 10, 2023 (50:13 Md. R. 514) A local board may appoint an employee to serve as an election judge, if the employee’s primary responsibilities during the special election are the duties of an election judge. If a local board appoints an employee to serve as an election judge, the local board shall include this information in the plan required by COMAR 33.21.04.06. Each voting center shall have at least two election judges of different political party affiliations to serve as chief judges. Each voting center shall have at least four election judges. For each voting center, the local board shall appoint the number of election judges provided in the plan submitted under COMAR 33.21.04.06 and approved by the State Administrator. Development of Training Materials. The State Administrator shall develop an election judges’ manual, forms, and training materials. Schedule and Materials. No later than 30 days before a special election, the local board shall submit to the State Administrator the: Schedule for training election judges; Election judges’ manual and forms; and Training materials. Training Classes. Each election director shall prepare and conduct training classes for election judges in accordance with COMAR 33.02.03.04. Attendance Mandatory. Each election judge shall attend one training class. An election director may require an election judge to receive supplemental training. Except as provided in §D(5) of this regulation, if an election judge serves as assigned, the election judge is entitled to compensation of at least $20 for each required class the election judge attends. Unless appointed under emergency circumstances, an individual may not serve as an election judge unless the individual has attended the required class. If a local board appoints an employee to serve as an election judge, the employee may not receive compensation as an election judge. Election Law Article, §§2-102, 9-501, 9-503, 9-506, 10-201, and 10-206, Annotated Code of Maryland Effective date: September 28, 2015 (42:19 Md. R. 1230) Regulation .05C adopted as an emergency provision effective May 11, 2020 (47:12 Md. R. 593); emergency provision expired July 31, 2020 The early voting center evaluation program required by COMAR 33.17.06.03 applies to voting centers. Election Law Article, §§2-102, 9-503, and 9-506, Annotated Code of Maryland Effective date: September 28, 2015 (42:19 Md. R. 1230) Regulation .01 repealed as an emergency provision effective May 1, 2020 (47:11 Md. R. 559); emergency provision expired effective July 31, 2020 The procedures specified in COMAR 33.08.01—.05 and 33.11.04—.06 apply to canvassing vote-by-mail ballots. In General. The ballot rejection reasons specified in COMAR 33.11.05.03—.07 apply to canvassing vote-by-mail ballots. Ballot Rejection — Multiple Ballots from the Same Individual. With the exception of §B(2) of this regulation, the local board shall follow procedures specified in COMAR 33.11.05 and 33.16.06 to canvassing of provisional and absentee ballots, when determining whether to reject a ballot. The local board shall reject a vote-by-mail ballot if the voter cast a ballot in a voting center. The State Administrator shall define the reporting requirements for a special election conducted by mail. Election Law Article, §§2-102, 9-501, 9-502, 9-506, and 11-302, Annotated Code of Maryland Effective date: September 28, 2015 (42:19 Md. R. 1230) Regulation .02B amended effective March 31, 2025 (52:6 Md. R. 268) Purpose. The purpose of the post-election verification and audit program is to: Demonstrate and confirm the accuracy of the voting system’s tabulation logic; Ensure that each accepted vote-by-mail ballot and provisional ballot met the acceptance criteria and conversely that rejected ballots did not meet the criteria; and Confirm that the number of ballots cast in a voting center equals the number of voters who checked in to vote at the voting center; Verification and Audit Program. The State Administrator shall establish a post-election verification and audit program for special elections conducted by mail. A local board shall perform the post-election verification and audit developed by the State Administrator. Once secured, as required by COMAR 33.10, no part of the voting system may be released except: As specifically authorized by law; or On the written authorization of the: State Administrator for State contests; or Election Director for county contests. Election Law Article, §§2-102, 9-403, 9-501, 9-506, 11-201, and 11-302, Annotated Code of Maryland Effective date: September 28, 2015 (42:19 Md. R. 1230)