reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.28 - System Security-Retention of Election Databases and Artifacts

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Each time a local board creates a back-up database, the local board shall secure and retain that back-up database.
B. Test Deck. The local board shall secure and retain the test script and deck used during preelection testing required under Regulations .14 and .15 of this chapter.
C. How and Where.
(1) The election databases and test scripts and decks shall be retained in a secure location, designated by the local board, separate from the location of working copies.
(2) The election databases shall be stored on an external, non-rewritable memory device.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 10 - VOTING SYSTEMS - SYSTEM REQUIREMENTS AND PROCEDURES › Chapter 33.10.01 - EVS Voting Solution › Section 33.10.01.29 - System Security-Post-Tabulation Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board to Develop Retention Plan.
(1) The local board shall develop a written plan for retaining and storing the following materials after an election:
(a) Memory devices;
(b) Voted and unvoted ballots;
(c) Voting system reports; and
(d) Other data processing materials related to the election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.01 - Definitions; General Provisions › Section 33.11.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Absentee ballot bag" means the bag designated by the State Administrator for the collection of absentee ballots at an early voting center or polling place.
(2) "Absent uniformed services voter" has the meaning stated in 42 U.S.C. §
											1973f f-6.
(3) "Authorized agent" means an individual who:
(a) Is 18 years old or older;
(b) Is not a candidate on the voter's ballot; and
(c) Has been authorized in writing, signed by the voter under penalty of perjury, to act on the voter's behalf.
(4) "Common access card" has the meaning stated in Election Law Article, §
										3-202.1, Annotated Code of Maryland.
(5) "Electronic transmission" means transmission by:
(a) Email;
(b) Internet; or
(c) Facsimile.
(6) "Federal post card application" has the meaning stated in Election Law Article, §
										3-202.1, Annotated Code of Maryland.
(7) "Federal Write-in Absentee Ballot" means a write-in absentee ballot for use in elections conducted under Election Law Article, Annotated Code of Maryland, by an absent uniformed services voter or an overseas voter.
(8) "Overseas voter" has the meaning stated in 42 U.S.C. §
											1973f f-6.
(9) "Return envelope" means the envelope used by the voter to return a voted absentee ballot.
(10) "Uniformed services" has the meaning stated in 42 U.S.C. §
											1973f f-6.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.01 - Definitions; General Provisions › Section 33.11.01.02 - Emergency Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies if:
(1) A national or local emergency arises, such as a natural disaster or an armed conflict; and
(2) The emergency makes it impossible or unreasonable to comply fully with:
(a) This subtitle; or
(b) The Uniformed and Overseas Citizens Absentee Voting Act.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.01 - Definitions; General Provisions › Section 33.11.01.03 - Designated Means of Electronic Communications for Certain Voters

Current through Register Vol. 51, No. 14, July 12, 2024
A. As required by federal law, the State Board designates the agency's general email address, website, and facsimile number as the means of electronic communication for voters authorized to vote under the Uniformed and Overseas Citizens Absentee Voting Act.
B. The designated means of electronic communication shall be used to:
(1) Request a formal application;
(2) Send or obtain the appropriate formal application; and
(3) Provide voting, balloting, and election information.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.01 - Definitions; General Provisions › Section 33.11.01.04 - Ballot Drop Boxes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Considerations for Ballot Drop Box Locations. A local board shall consider the following factors when determining the location of a ballot drop box:
(1) Accessibility of the ballot drop box to historically disenfranchised communities, including voters with disabilities, cultural groups, ethnic groups, and minority groups;
(2) Proximity of the ballot drop box to dense concentrations of voters;
(3) Accessibility of the ballot drop box by public transportation;
(4) Ensuring equitable distribution of ballot drop boxes throughout the county; and
(5) Maximizing voter participation, including through the use of community centers and public gathering places.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.02 - Applications › Section 33.11.02.01 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Qualification. A registered voter may apply for and vote by an absentee ballot if:
(1) The voter is qualified under Election Law Article, §
										9-304 or §
										10-102, Annotated Code of Maryland; and
(2) The voter satisfies any identification requirement under Regulation .07 of this chapter.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.02 - Applications › Section 33.11.02.02 - Formal Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. A formal request for an absentee ballot may be made to a local board only:
(1) On the paper or the online version of the absentee ballot application prescribed by the State Board; or
(2) On a form provided under federal law.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.02 - Applications › Section 33.11.02.03 - Informal, Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) An informal, written request for an absentee ballot may be made to a local board.
(2) The written request may be in any form as long as it contains all the information required by this regulation.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.02 - Applications › Section 33.11.02.04 - In-Person Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) A voter or a voter's authorized agent may submit a request for an absentee ballot at the local board.
(2) A request under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.02 - Applications › Section 33.11.02.05 - Processing Applications - In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Date Stamp.
(1) Except as provided in §A(2) of this regulation, whenever an application is received by a local board office, the election director shall stamp it with the date received.
(2) An application need not be stamped if:
(a) It is received on or before the Friday before the deadline to request an absentee ballot by mail, provided that the election director stores the application in a container labeled with the date the application was received;
(b) It is received by electronic transmission; and
(c) One of the following conditions is met:
(i) If received by fax, the receiving fax machine automatically prints the correct date and time received; or
(ii) If received by email, the date and time the email was received is included in the printed version of the email.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.02 - Applications › Section 33.11.02.06 - Processing Applications - Change of Name, Address, or Party Affiliation

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Except as provided in §B of this regulation, if a completed application indicates a change of name, address, or party affiliation from that in the Statewide voter registration list, the election director shall:
(1) Process the change;
(2) Send, by nonforwardable mail, the applicant a voter notification card (VNC) that reflects the change; and
(3) If the change is in the applicant's address:
(a) Issue the applicant a ballot appropriate to the new address; and
(b) Provide that ballot to the address as requested on the application.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.02 - Applications › Section 33.11.02.07 - Identification Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies only to an absentee voter who:
(1) Registered to vote in Maryland after January 1, 2003;
(2) Submitted the voter registration application by mail or is required to provide personal identification information to complete a verification inquiry under COMAR 33.05.04.04B;
(3) Is voting in Maryland for the first time after January 1, 2004; and
(4) Is not entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, or to vote otherwise than in person under § 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act or any other federal law.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.01 - Ballot Content

Current through Register Vol. 51, No. 14, July 12, 2024
The content of the absentee ballot issued to a voter shall:
A. Be identical to the ballot used in the precinct of the voter's residence; and
B. Contain in a clear space at the top the words "Official Ballot" printed in large letters.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.02 - Updating Election Register

Current through Register Vol. 51, No. 14, July 12, 2024
A. Update Required. The election register must include information about all absentee ballots issued to voters before the register is created.
B. Voting in Person After Receiving Absentee Ballot. A voter who has been issued an absentee ballot may cast a provisional ballot at:
(1) The polling place for the precinct of the voter's residence on election day; or
(2) The early voting center in the voter's county of residence during early voting.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.03 - Ballot Instructions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Instructions Required. Absentee ballots shall be accompanied by instructions for marking and returning the ballots.
B. Form and Content. The form and content of the instructions shall be as the State Board prescribes.
C. Required Information. The State designated means of electronic communication shall be included in the instructions.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.04 - Envelopes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Outgoing Envelopes. Absentee ballots sent by mail shall be enclosed in specially printed envelopes.
B. Return Envelopes.
(1) If an absentee ballot is sent by mail, the mailing shall include an envelope for the voter to use to return the voted ballot.
(2) If an absentee ballot is sent by electronic transmission, the transmission shall include an envelope template showing the voter how to address the return envelope.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.05 - Issuance of Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. Transmission of Absentee Ballot.
(1) An absentee ballot shall be transmitted, to the extent practicable, by the method requested by the voter.
(2) If the voter does not specify how the voter would like to receive an absentee ballot, the local board shall mail and transmit by any other available means the absentee ballot to the voter.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.06 - Return of Ballot

Current through Register Vol. 51, No. 14, July 12, 2024
A. Date Stamp Return Envelope.
(1) Except as provided in §A(2) of this regulation, whenever an absentee ballot is received by a local board office, the election director shall stamp the return envelope with the date received.
(2) The election director shall:
(a) Stamp the return envelope with the date received if the local board received the return envelope on the day before the election or any day thereafter; and
(b) Store the return envelopes in a container labeled with the date the ballots were received.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.07 - Filing and Securing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing. The election director shall file all ballots timely received in such a manner that, in the event of a challenge, applications can be matched with the appropriate ballot return envelopes.
B. Securing Ballots. Until the canvass begins, every absentee ballot shall:
(1) Remain sealed in:
(a) The security envelope for Federal Write-In Absentee Ballots; or
(b) The return envelope for all other ballots; and
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.03 - Issuance and Return › Section 33.11.03.08 - When Ballots Are Timely

Current through Register Vol. 51, No. 14, July 12, 2024
A. United States.
(1) "United States" means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(2) "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.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.01 - Conduct Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. Separate From Polling Place Ballots. The review, inspection, and tabulation of absentee ballots shall:
(1) Begin as provided in Regulation .03 of this chapter;
(2) Be conducted separately from the review, inspection, and tabulation of polling place ballots; and
(3) Otherwise be conducted in the same manner as for polling place ballots, insofar as those procedures are appropriate.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.02 - Board Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
The canvass of absentee ballots shall be conducted by the local board, in its role as a board of canvassers, as provided in Election Law Article, Annotated Code of Maryland, in Subtitle 08 of this Title, and elsewhere in this Subtitle.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.03 - Start of Canvass

Current through Register Vol. 51, No. 14, July 12, 2024
A. When Required.
(1) Except as provided in §A(2) of this regulation, the board shall start processing the absentee ballots on the day that is 8 business days before the first day of early voting.
(2) Upon the request of a board, the State Administrator may grant a waiver of requirements in §A(1) of this regulation if the State Administrator determines the early processing is not:
(a) Necessary due to the low number of absentee ballots received by the board; or
(b) Practicable due to limited resources or other constraints on the board.
(3) The board shall convene at:
(a) 10 a.m. on the Thursday after the election to canvass absentee ballots; and
(b) 10 a.m. on the second Friday after an election.
(4) If any required processing or canvassing day falls on a legal holiday, the board shall convene to process or canvass absentee ballots on the next regular business day.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.04 - Hold Back of Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required Hold Back. Except as provided in §B of this regulation, to preserve the secrecy of provisional ballots and absentee ballots, the local board shall withhold from the initial canvass at least five absentee ballots of each ballot style to be canvassed during the provisional ballot canvass.
B. If, at the start of the initial canvass, a local board has received five or less absentee ballots of a specific ballot style, the local board shall withhold all of the ballots of that ballot style until the final canvass.
C. Later Canvasses. The absentee ballots withheld under this regulation shall be included and canvassed with the provisional ballots.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.05 - Return Envelopes - Opening, Reviewing, and Referrals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Batch Distributions.
(1) When directed by the board, the election director shall issue to each team a batch of returned ballots.
(2) Each batch shall consist of a controllable number of ballots (for example, 25).
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.06 - Opening Return Envelopes - Board Ruling on Referrals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board to Rule. The local board shall rule on all referrals made to it under Regulation .05 of this chapter.
B. Rejected Ballots. Each ballot that the board rejects shall be retained by the board at the board table.
C. Accepted Ballots. Each ballot that the board accepts shall be returned to the referring team and refiled in appropriate order.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.07 - Ballots - Inspection and Referrals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Ballot Inspection. The team then shall inspect each ballot for compliance and tabulating acceptability.
B. Ballots To Be Referred. The team shall refer to the local board any ballot that:
(1) Appears to have been intentionally marked for the purpose of identifying the ballot;
(2) Appears to have been corrected, whether by correction tape, correction fluid, mark-overs, cross-throughs, or the like;
(3) Contains any tear, fold, food spill, stray mark, or the like, that might:
(a) Render the ballot unacceptable for machine tabulation; or
(b) Raise a question of voter intent.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.08 - Ballots - Board Ruling on Referrals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board to Rule. The local board shall rule on all referrals made to it under Regulation .07 of this chapter.
B. Rejected Ballots. Each ballot that the local board rejects shall be retained by the board at the board table.
C. Accepted Ballots. Each ballot that the local board accepts shall be, as appropriate:
(1) Returned to the referring team and placed in the appropriate group for tabulation; or
(2) Sent to a bipartisan duplication team.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.09 - Grouping Ballots Processed by Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. After all the absentee ballots have been opened and processed by the board, they shall be placed in the following groups:
(1) Ballots found to be acceptable for tabulation;
(2) Ballots accepted by the board but objected to by a contesting party; and
(3) Ballots rejected by the board.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.10 - Ballot Tabulation

Current through Register Vol. 51, No. 14, July 12, 2024
The tabulation of the ballots shall follow their removal from the return envelopes, without unreasonable delay.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.04 - Canvass of Ballots - Procedures › Section 33.11.04.11 - Unofficial Absentee Count

Current through Register Vol. 51, No. 14, July 12, 2024
The unofficial results of the absentee canvass shall be released when the tabulation is completed.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.01 - Vote Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Neither an absentee ballot nor any vote on it may be rejected except by unanimous vote of the local board.
B. Abstention. If a member of the local board abstains from voting, the decision of the local board is unanimous if all other members vote for the same outcome.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.02 - Voter Intent

Current through Register Vol. 51, No. 14, July 12, 2024
If a ballot is not marked specifically in accordance with the instructions provided to the voter, the local board shall:
A. Follow the standards established in COMAR 33.08.02; and
B. Appropriately mark or duplicate the ballot for tabulating acceptability.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.03 - Ballot Rejection - Basic Grounds

Current through Register Vol. 51, No. 14, July 12, 2024
The local board shall reject an absentee ballot if:
A. The ballot was not timely received;
B. The voter failed to sign the oath required by Election Law Article, §
									9-310, Annotated Code of Maryland;
C. The local board determines that an absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purposes of identifying the ballot;
D. The ballot was issued to an agent and was not in a sealed envelope when returned; or
E. The voter was required to submit personal identification information under COMAR 33.11.02.07B but failed to submit that information before the absentee ballot canvass began, in which case the absentee ballot shall be treated as a provisional ballot properly applied for and canvassed insofar as possible under the procedures in COMAR 33.16.05.05B, 33.16.05.06B, and 33.16.06.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.04 - Ballot Rejection - Multiple Ballots from the Same Individual

Current through Register Vol. 51, No. 14, July 12, 2024
If a local board receives multiple ballots from the same voter, the local board shall canvass the ballots as follows:
A. If a single return envelope contains more than one ballot from the same individual for the same election, all ballots from that individual shall be rejected.
B. If more than one ballot is received from the same individual in different envelopes:
(1) If the signed oaths have different dates, the local board shall:
(a) Count the ballot with the earliest signed oath date that the local board determines is legally sufficient; or
(b) Reject all ballots if none of them are legally sufficient.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.05 - Ballot Rejection - Unusual Marking Device

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duplication.
(1) Absentee ballots may be marked by any kind of pencil or ink.
(2) Certain types of pencil or ink, however, might not be readable by optical scanning equipment. Accordingly, ballots not marked with the appropriate pencil or ink should be referred by the local board to the duplication team.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.06 - Ballot Rejection - Unsealed Envelope

Current through Register Vol. 51, No. 14, July 12, 2024
The local board may not reject a ballot solely because its envelope was unsealed unless:
A. The ballot had been issued to an agent; or
B. There is some indication that the integrity of the electoral process has been compromised.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.07 - Ballot Rejection - Federal Write-In Absentee Ballot

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local board shall reject a Federal Write-In Absentee Ballot if:
(1) The Federal Write-In Absentee Ballot was not timely received;
(2) The voter failed to sign the oath accompanying the Federal Write-in Absentee Ballot;
(3) The local board determines that the Federal Write-in Absentee Ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purposes of identifying the ballot;
(4) The voter was required to submit personal identification information under COMAR 33.11.02.07B but failed to submit that information before the absentee ballot canvass began, in which case the ballot shall be treated as a provisional ballot properly applied for and canvassed insofar as possible under the procedures in COMAR 33.16.05.05B, 33.16.05.06B, and 33.16.06;
(5) The Federal Write-in Absentee Ballot was submitted by an overseas voter who is not an absent uniformed services voter and was submitted from within the United States; or
(6) The local board counted the voter's State absentee ballot.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.05 - Canvass of Ballots - Rejecting Ballots › Section 33.11.05.08 - Vote or Contest Rejection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Person No Longer a Candidate. If an absentee ballot is voted for an individual who has ceased to be a candidate, the vote for that individual may not be counted but does not invalidate the rest of the ballot.
B. Damaged or Marked Ballot. If an absentee ballot is damaged or otherwise marked so that the local board cannot determine the voter's intent in a specific contest, the local board shall reject that contest on the ballot.
C. Erasures or Alterations. If an absentee ballot has erasures or has been altered or repaired:
(1) For all contests where the voter's intent is clear, the local board shall process the ballot or, if necessary, have it duplicated and processed; and
(2) For any contest where the local board cannot determine the voter's intent, the local board shall reject that contest on the ballot.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.06 - Post-Election Procedures › Section 33.11.06.01 - Storage of Materials

Current through Register Vol. 51, No. 14, July 12, 2024
A. Document Retention. A local board shall retain for 22 months after an election:
(1) Absentee ballot applications;
(2) Voted absentee ballots;
(3) Return envelopes; and
(4) Certificates of assistance.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.06 - Post-Election Procedures › Section 33.11.06.02 - Post-Election Correspondence

Current through Register Vol. 51, No. 14, July 12, 2024
After voter registration reopens, the election director shall send:
A. A letter requesting personal identification information from each voter whose absentee ballot was rejected because the voter failed to provide the required personal identification information; and
B. The appropriate letter to each voter whose absentee ballot was rejected because the voter's registration status was "pending" because:
(1) The voter's driver's license or full or partial social security number could not be verified under COMAR 33.05.04.04B; or
(2) The voter did not provide personal identification information.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 11 - ABSENTEE BALLOTS › Chapter 33.11.06 - Post-Election Procedures › Section 33.11.06.03 - Free Access System for Determining Whether Absentee Ballot Was Accepted

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Board shall establish a free access system that any voter who submits an absentee ballot application may access to determine whether the local board received and accepted the voter's absentee ballot application and received and counted the voter's absentee ballot.
B. Information for Free Access System.
(1) Each election director shall use the Statewide voter registration system to process all absentee ballot applications and returned ballots.
(2) The State Board shall use the absentee voting information in the Statewide voter registration system for the free access system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.01 - Definitions; Scope › Section 33.12.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The procedures in this subtitle apply to the recount by petition of any election conducted under Election Law Article, Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.01 - Definitions; Scope › Section 33.12.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Petition" means a petition or counterpetition for a recount that is filed in accordance with Election Law Article, Title 12, Subtitle 1, Annotated Code of Maryland, and this subtitle.
(2) Precinct includes an early voting center, the first absentee canvass, the second absentee canvass, or the provisional canvass.
(3) "Recount" means the entire process of resolving a challenge to the vote count reported for an election.
(4) "Recount room" means the location designated by a local board for conducting a recount.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.01 - Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File.
(1) In a contest for public or party office:
(a) A candidate who, based on the certified results, was defeated in that election may petition for a recount, as provided in Election Law Article, §
											12-101, Annotated Code of Maryland; and
(b) An opposing candidate of the petitioner may counterpetition for a recount, as provided in Election Law Article, §
											12-102, Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.02 - Cost Estimate

Current through Register Vol. 51, No. 14, July 12, 2024
Before beginning the recount, the local board or local boards subject to the recount and State Board shall jointly estimate and inform the petitioner of the anticipated:
A. Number of hours needed to complete the recount; and
B. Cost per hour.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.03 - Notice to Affected Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice Required.
(1) By the end of the next business day following the receipt of a petition, the local board shall deliver to the persons listed in this regulation:
(a) A notice of recount, in the form specified by the State Board; and
(b) A copy of the petition or information on where the petition is posted on the Internet.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.04 - Notice to Voting System Vendor

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt of a petition, the local board shall provide to the voting system vendor the notice required in Regulation .03A of this chapter.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.05 - Personnel-In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The recount shall be conducted by the local board, with the assistance of:
(1) The board's regular staff; and
(2) If needed:
(i) Substitute board members;
(ii) Additional temporary staff, including individuals who served as election judges in the same election; and
(iii) State Board staff.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.06 - Personnel-Election Director

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the directions of the State Board of Elections and the local board, the election director shall supervise the recount.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.07 - Personnel-Special Teams

Current through Register Vol. 51, No. 14, July 12, 2024
A. Election Director to Appoint. The election director shall appoint one or more special teams, as may be needed for conducting the recount.
B. Qualifications. A person appointed to a special team must be a member, a substitute member, or a regular or temporary employee of a local board or the State Board.
C. Composition.
(1) Each special team shall be comprised of two or more members.
(2) When practicable, at least two of those members shall have different party affiliations.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.08 - Personnel-Instructions; Assignments

Current through Register Vol. 51, No. 14, July 12, 2024
Before the recount begins, the local board shall:
A. Instruct all personnel in their respective duties; and
B. Have them complete and sign a recount assignment sheet, in the form specified by the State Board.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.09 - Scheduling

Current through Register Vol. 51, No. 14, July 12, 2024
A. Start Time. Except as provided in Regulation .10 of this chapter, the recount shall begin within 2 business days of receiving the petition.
B. Continuation.
(1) The recount shall continue daily, at least 8 hours each day, until completion.
(2) The board may suspend the recount on Sundays and State holidays.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.02 - Initiation of Recounts › Section 33.12.02.10 - When Canvass Not Yet Completed

Current through Register Vol. 51, No. 14, July 12, 2024
If a petition for recount is filed before the official canvass is completed, the local board shall finish the canvass and then conduct the recount.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.03 - General Conduct of Recount › Section 33.12.03.01 - Canvassing Procedures to Apply

Current through Register Vol. 51, No. 14, July 12, 2024
Except as otherwise provided in this subtitle, the regulations in COMAR 33.08 apply to any recount.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.03 - General Conduct of Recount › Section 33.12.03.02 - Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recount Open to Public. Every recount shall be conducted publicly, open to candidates and their representatives, other parties to the recount, the media, and the general public.
B. Record of Attendance.
(1) The local board shall require all persons attending the recount to complete and sign an attendance sheet, indicating whom they represent and the dates and times of attendance.
(2) The attendance sheet shall be in the form specified by the State Board.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.03 - General Conduct of Recount › Section 33.12.03.03 - Order and Decorum

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Every recount shall be conducted in one recount room, and in an orderly manner so as to ensure an accurate count.
B. Recount Room Arrangement. The election director shall arrange the recount room in an orderly manner that:
(1) Is consistent with the layout specified by the State Board; and
(2) Prevents retabulated ballots from being mixed with ballots not yet retabulated.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.03 - General Conduct of Recount › Section 33.12.03.04 - Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Whenever a break is taken during the recount, for example, meal breaks, overnight, etc., the recount room shall be unoccupied and secured.
B. Duties of Election Director. The election director shall:
(1) Secure the room in the presence of at least one board member; and
(2) Control all access to the room.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.03 - General Conduct of Recount › Section 33.12.03.05 - Status Reports

Current through Register Vol. 51, No. 14, July 12, 2024
While the recount is in progress, the election director shall keep all parties to the recount informed of its status and interim recount results.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.03 - General Conduct of Recount › Section 33.12.03.06 - Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required. The election director shall:
(1) Document the entire recount process using a recount log; and
(2) Document the tally process for each contest using precinct tally sheets and contest tally sheets.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.04 - Recount Procedures-In General › Section 33.12.04.01 - Scope of Recount

Current through Register Vol. 51, No. 14, July 12, 2024
A recount:
A. May encompass precincts from more than one county; but
B. Is limited to the contest and the precincts specified in the petition.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.04 - Recount Procedures-In General › Section 33.12.04.02 - Verifying Ballot

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required. The board shall first ascertain that the ballot used in the contest to be recounted was the correct ballot.
B. Methods.
(1) For direct recording equipment, the determination shall be made by inspecting the ballot as it appeared on the face of the machine.
(2) For paper ballots on which the ballot information is printed, the determination shall be made:
(a) As the ballots are manually counted; or
(b) By inspecting the ballots before machine tabulation.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.04 - Recount Procedures-In General › Section 33.12.04.03 - Absentee and Provisional Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. Method of Recount.
(1) The procedure for recounting absentee and provisional ballots shall be the same as for recounting other ballots, as provided in this subtitle.
(2) Absentee and provisional ballots shall be recounted in a way that assures voter confidentiality.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.04 - Recount Procedures-In General › Section 33.12.04.04 - Breaks

Current through Register Vol. 51, No. 14, July 12, 2024
To ensure accuracy, every effort should be made to schedule necessary interruptions of the recount, such as for lunch, for breaks, or to end the day, so that the interruptions do not fall in the middle of the count for a precinct.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.04 - Recount Procedures-In General › Section 33.12.04.05 - Corrections

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. After the recount is complete, the local board shall correct, as appropriate:
(1) The official returns; and
(2) Any certificates that were issued on the basis of those returns.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.04 - Recount Procedures-In General › Section 33.12.04.06 - Securing Materials After Recount

Current through Register Vol. 51, No. 14, July 12, 2024
A. Voting Machines. Voting machines and direct recording equipment reviewed in the recount shall:
(1) Be closed, secured, and, if necessary, resealed; and
(2) Remain secured and sealed until the State Administrator releases them.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.05 - Recount Procedures-Optical Scan Voting System › Section 33.12.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the recount of votes that were cast on ballots and counted using an optical scan system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.05 - Recount Procedures-Optical Scan Voting System › Section 33.12.05.02 - Optional Recount Methods

Current through Register Vol. 51, No. 14, July 12, 2024
For votes to be recounted under this chapter, the petitioner shall specify whether the recount shall be conducted by:
A. Manually retabulating the printed election totals reports;
B. Rescanning all ballots using:
(1) The same vote tabulating equipment that was used in the election; or
(2) Alternative vote tabulating equipment, if alternative equipment is available and its use is feasible;
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.05 - Recount Procedures-Optical Scan Voting System › Section 33.12.05.03 - Using Tabulating Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted on vote tabulating equipment.
B. Preparation. The election director shall:
(1) Where applicable, prepare the tabulating unit certified for use in the State;
(2) Assemble all materials needed to conduct the recount; and
(3) Appoint the special teams needed for the recount, assigning a team identifier to each (for example, "Team A", "Team B", etc.).
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.05 - Recount Procedures-Optical Scan Voting System › Section 33.12.05.04 - Manual Recount-General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted manually.
B. Methods.
(1) For recounting a ballot question contest or a candidate contest in which a voter casts not more than one vote, the sort method specified in Regulation .05 of this chapter shall be used.
(2) For all other contests, the tally method specified in Regulation .06 of this chapter shall be used.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.05 - Recount Procedures-Optical Scan Voting System › Section 33.12.05.05 - Manual Recount-Sort Method

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sorting.
(1) One team member shall sort and the other team member shall watch to ensure accuracy.
(2) The ballots shall be sorted as follows:
(a) A batch for each candidate or ballot question response selected by the voter;
(b) A batch for ballots without a vote for the contest being tabulated;
(c) For general elections, a batch for ballots for each officially filed write-in candidate; and
(d) For general elections, a batch for all other write-in votes.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.05 - Recount Procedures-Optical Scan Voting System › Section 33.12.05.06 - Manual Recount-Tally Method

Current through Register Vol. 51, No. 14, July 12, 2024
A. Team Composition.
(1) For the tally method, each special team shall comprise:
(a) One caller;
(b) Two tally clerks; and
(c) One watcher.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.07 - Challenges › Section 33.12.07.01 - Standing to Challenge

Current through Register Vol. 51, No. 14, July 12, 2024
A challenge to any part of the recount may be made by any person with standing to file a petition for the recount being conducted, even if that person was not the one who filed the actual petition.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.07 - Challenges › Section 33.12.07.03 - Method of Raising a Challenge

Current through Register Vol. 51, No. 14, July 12, 2024
A. To Election Director. If a person seeks to challenge some action then being taken, the person may ask the election director to temporarily stop the action so that the person can interpose a challenge.
B. Reasons To Be Given. In all events, the person making the challenge shall state the reason for the challenge.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 12 - RECOUNTS › Chapter 33.12.07 - Challenges › Section 33.12.07.04 - Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. Marking Ballot. If the challenge is to a ballot, the official whose action has been challenged shall:
(1) Count the vote as the official believes proper; and
(2) Set it aside with an attached notation on:
(a) How it was counted,
(b) The nature of the challenge,
(c) The name of the official, and
(d) The name of the challenger.