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Chapter 01. Definitions; General Provisions

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Regulation .01 Definitions.Copy Citation

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A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Absent uniformed services voter” has the meaning stated in 42 U.S.C. §1973ff-6.
(2)
“Address of record” means the address where the vote-by-mail ballot is sent, as follows:
(a)
If the voter has a mailing address in the statewide voter registration system, the address of record is the voter’s mailing address.
(b)
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.
(3)
“Local special election” has the meaning stated in Election Law Article, §9-501, Annotated Code of Maryland.
(4)
“Overseas voter” has the meaning stated in 42 U.S.C. §1973ff-6.
(5)
Regular Ballot.
(a)
“Regular ballot” means a ballot that is voted and counted at a voting center.
(b)
“Regular ballot” does not include a provisional ballot.
(6)
“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.
(7)
“Vote-by-mail ballot” means a ballot required by Election Law Article, §9-502, Annotated Code of Maryland.
(8)
“Voter” means a registered voter who is eligible to vote in the special election.

Regulation .02 Scope.Copy Citation

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A.
Applicability. This subtitle applies if a special election by mail is directed by:
(1)
The Governor in the proclamation issued under Election Law Article, §8-710, Annotated Code of Maryland; or
(2)
A county council or board of county commissioners by resolution under the applicable local law.
B.
Conduct of Election.
(1)
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.
(2)
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.

Regulation .03 Notice.Copy Citation

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A.
Required Notice. The local board shall provide notice of the special election by:
(1)
Publishing or disseminating the notice by mass communication no later than 2 calendar weeks before the special election;
(2)
Posting information on the local board’s website and social media outlets; and
(3)
Issuing a media and press release.
B.
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.
C.
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.
D.
Specimen Ballot. The local board is not required to mail specimen ballots.
Chapter annotations
Authority: Election Law Article, §§2-102, 9-501, and 9-506, Annotated Code of Maryland; 42 U.S.C. §1973ff-6
History: Effective date: September 28, 2015 (42:19 Md. R. 1229)
History: Regulation .02B amended effective July 10, 2023 (50:13 Md. R. 514)