Chapter 03. Issuance and Return
Regulation .01 Ballot Instructions.LinkCopy Citation
A.
Instructions Required. Instructions for marking and returning the ballots shall accompany the vote-by-mail ballots.
B.
Form and Content. The State Board shall prescribe the form and content of the instructions.
C.
Required Information. The State designated means of electronic communication shall be included in the instructions.
Regulation .02 Envelopes.LinkCopy Citation
A.
Outgoing Envelopes. Vote-by-mail ballots shall be enclosed in specially printed envelopes.
B.
Return Envelopes.
(1)
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.
(2)
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.
C.
Form and Content. The State Board shall prescribe the form and content of the envelopes.
D.
Postage Paid. If a vote-by-mail ballot is sent by mail, the return envelope shall include prepaid postage.
E.
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.
Regulation .03 Issuance of Ballots.LinkCopy Citation
A.
Issued to Voter.
(1)
A local board shall issue a vote-by-mail ballot to a voter or a voter’s agent.
(2)
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.
B.
Replacement Vote-by-Mail Ballots.
(1)
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.
(2)
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.
(3)
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.
(4)
A local board may not issue more than three ballots to a voter.
Regulation .04 Transmission of Ballots.LinkCopy Citation
A.
Method of Transmission.
(1)
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.
(2)
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.
B.
Address Where Ballot Mailed.
(1)
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.
(2)
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.
C.
Mailing Deadline. A local board shall mail vote-by-mail ballots:
(1)
To absent uniformed services voters and overseas voters, at least 45 days before the day of the special election; and
(2)
To all other voters, at least 30 days before the day of the special election.
Regulation .05 Return of Ballot.LinkCopy Citation
A.
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.
B.
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:
(1)
Tape the envelope closed;
(2)
Initial the tape and write “Vote-by-Mail” on the envelope; and
(3)
Stamp the envelope with the date received.
C.
Ballots Returned to Wrong Election Office.
(1)
If a vote-by-mail ballot is received by the wrong election office, that office shall immediately:
(a)
Stamp the envelope with the date received; and
(b)
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.
(2)
The date stamped on the envelope under §C(1)(a) of this regulation is the official date of receipt of that ballot.
D.
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.
Regulation .06 Securing the Ballots.LinkCopy Citation
Until the canvass begins, every vote-by-mail ballot shall:
A.
Remain sealed in:
(1)
The security envelope for Federal Write-In Absentee Ballots; or
(2)
The return envelope for all other ballots; and
B.
Be stored in a secure location to which the public does not have access.
Regulation .07 When Ballots Are Timely.LinkCopy Citation
A.
Definition.
(1)
In this regulation, the following term has the meaning indicated.
(2)
Defined Term — United States.
(a)
“United States” means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(b)
“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.
B.
In General. A vote-by-mail ballot is considered to have been timely received only if:
(1)
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
(2)
The ballot:
(a)
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
(b)
Was mailed on or before the day of the special election, as verified:
(i)
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
(ii)
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.
C.
Untimely Ballots. A vote-by-mail ballot that is not timely received as provided in this regulation may not be counted.
Chapter annotations
Authority: Election Law Article, §§2-102, 9-501, 9-502, and 9-504—9-506, Annotated Code of Maryland; 42 U.S.C. §1973ff-1
History: Effective date: September 28, 2015 (42:19 Md. R. 1230)
History: Regulation .02D amended effective July 10, 2023 (50:13 Md. R. 514); January 8, 2024 (50:26 Md. R. 1132)
History: Regulation .03A amended effective July 10, 2023 (50:13 Md. R. 514)
History: Regulation .04C amended effective March 2, 2026 (53:4 Md. R. 186)