# COMAR Title 33 — State Board of Elections

## Subtitle 21 — Special Elections by Mail

### Chapter 01 — Definitions; General Provisions

**Authority:** Election Law Article, §§2-102, 9-501, and 9-506, Annotated Code of Maryland; 42 U.S.C. §1973ff-6

**Administrative History:** Effective date: September 28, 2015 (42:19 Md. R. 1229)

**Administrative History:** Regulation .02B amended effective July 10, 2023 (50:13 Md. R. 514)

#### Regulation .01 Definitions.

*COMAR 33.21.01.01*

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.

*COMAR 33.21.01.02*

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.

*COMAR 33.21.01.03*

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.