reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 06 - PETITIONS › Chapter 33.06.05 - Verification and Certification › Section 33.06.05.03 - Verification-Optional Random Sampling

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of Regulation. This regulation applies to optional, random sample verification, as authorized by Election Law Article, §
									6-207(c), Annotated Code of Maryland.
B. Development of Sampling Method. The State Administrator shall develop, for review and adoption by the State Board, a uniform statistical sampling method that ensures that:
(1) The number of signatures randomly selected for verification equals or exceeds the greater of:
(a) 500 names; or
(b) 5 percent of the total number of names on the petition; and
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 06 - PETITIONS › Chapter 33.06.05 - Verification and Certification › Section 33.06.05.04 - Report of Results

Current through Register Vol. 51, No. 14, July 12, 2024
Within the time specified by law for completing the verification, the election director shall:
A. Verify all names;
B. Record the results in the format specified in the State Board's guidelines and instructions; and
C. Except in the case of a local petition:
(1) Immediately, by telephone or electronic facsimile transmission, notify the State Administrator of the results, and
(2) Promptly mail or deliver the signature pages and the written results of the verification to the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 06 - PETITIONS › Chapter 33.06.05 - Verification and Certification › Section 33.06.05.05 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The State Administrator or, in the case of a local petition, the election director shall:
(1) Determine whether the validated names in the petition are enough to satisfy all requirements relating to number and geographic distribution;
(2) Determine whether the petition has satisfied all other requirements of law for that petition;
(3) If the petition satisfies all requirements, certify the results as provided in Election Law Article, §§
										6-208 and  6-210, Annotated Code of Maryland; and
(4) Provide notice of the determination, as provided in Election Law Article, §§
										6-208 and  6-210, Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.01 - Late Ballot Changes › Section 33.07.01.01 - Corrective Actions

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to consultation with and the approval of the State Administrator, a local board shall take one of the following actions when a change is required in a ballot after the ballots have been printed:
A. Reprint the ballot; or
B. If time does not permit reprinting, take all reasonable steps to notify voters of the change.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.01 - Late Ballot Changes › Section 33.07.01.02 - Public Notice

Current through Register Vol. 51, No. 14, July 12, 2024
The notice to be provided under Regulation .01B of this chapter:
A. Shall include prominent notices posted at the affected polling places; and
B. May include:
(1) Television, radio, and newspaper announcements and advertisements;
(2) Information in the specimen ballot; and
(3) Postings on the Internet.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.02 - Election Equipment and Materials › Section 33.07.02.01 - Delivery to and Return from Polls

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board to Develop. The State Administrator shall develop, in consultation with the local boards, a written plan for the prompt and secure delivery of voting units and other election day equipment and materials to and from polling places.
B. Inclusions. The plan shall specify the methods of and time frames for these deliveries and returns.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.02 - Election Equipment and Materials › Section 33.07.02.02 - Polling Place Readiness and Set-Up

Current through Register Vol. 51, No. 14, July 12, 2024
Election judges and other assigned personnel shall prepare and set up their respective polling places as required by:
A. The applicable judges' manual; and
B. All supplemental directives of the local board or State Board.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.03 - Officials' Duties Generally › Section 33.07.03.01 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
All local boards, their members, attorneys, election directors, staff members, and election judges shall faithfully and diligently perform all of the functions and duties that are assigned to them, collectively or categorically, by federal or State law or regulation, or by any manual, procedure, guideline, directive, or other instruction issued under federal or State law or regulation.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.03 - Officials' Duties Generally › Section 33.07.03.02 - Election Day Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Between Office and Polls. The local board shall assure that, throughout election day, each polling room is equipped with the ability to communicate directly with the local board office.
B. With Board Members. When away from the local board office, each board member and substitute member and the board's counsel shall be provided with a cellular telephone, pager, or other direct means of communication.
C. Communications Log.
(1) Each local board office shall maintain an election day communications log.
(2) Except for routine inquiries (for example, requests for directions, hours of operation, and the like), the following shall be recorded in the log for each call received:
(a) Time of the call;
(b) Identity of the caller;
(c) Identity of the individual taking the call;
(d) Problem or other purpose of the call;
(e) Whether resolved;
(f) If resolved, when, by whom, and how; and
(g) If not resolved, why.
(3) If requested by the State Administrator, the election director shall submit, within the time the State Administrator requests, a copy of the communications log.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.03 - Officials' Duties Generally › Section 33.07.03.03 - Board Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
Throughout election day and the ensuing canvasses, the local board's counsel shall be at the board office or immediately reachable by telephone, pager, or other direct means of communication.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.03 - Officials' Duties Generally › Section 33.07.03.04 - Polling Place Evaluation Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Establishment Required. Each election director shall develop and, with the approval of the State Administrator, establish and implement a polling place evaluation program using the polling place evaluation form issued by the State Administrator.
B. Elements.
(1) The program shall provide for unannounced election day visits to polling places to assess the election judges' compliance with applicable procedures and their general performance.
(2) Board members, staff members, independent contractors, or volunteers may be used to make these visits and assessments, as long as they have been properly trained in the election day polling place procedures outlined in the Judges' Manual.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.03 - Officials' Duties Generally › Section 33.07.03.05 - Extended Voting Hours

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a State or federal court order or any other order extending voting hours is issued, the order shall be immediately forwarded to the State Administrator who shall review the order in consultation with the Attorney General's office and instruct affected local boards about properly complying with the order.
B. Only after receiving direction from the State Administrator or the Administrator's designee may an election director instruct election judges to extend voting hours.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.03 - Officials' Duties Generally › Section 33.07.03.06 - Return of Election Supplies

Current through Register Vol. 51, No. 14, July 12, 2024
A local board shall establish a separate, clearly delineated area for members of the public and the media so that they can reasonably observe the return of election supplies without obstructing or hindering the process.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.04 - Order and Decorum › Section 33.07.04.01 - Media

Current through Register Vol. 51, No. 14, July 12, 2024
A. Presence Allowed. Representatives of print or electronic media are permitted in a polling place as long as their activities do not:
(1) Cause disruption;
(2) Infringe on voter privacy;
(3) Inhibit election judges from performing their duties; or
(4) Otherwise interfere with the orderly conduct of the election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.04 - Order and Decorum › Section 33.07.04.02 - Cell Phones, Pagers, Cameras, etc

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Except as specified in §B of this regulation, electronic communication devices may not be used in a polling place. Prohibited devices include:
(1) Cameras;
(2) Cellular telephones;
(3) Pagers; or
(4) Computer equipment.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.05 - Special Assistance › Section 33.07.05.01 - Inability to Sign

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Subject to the requirements of §B of this regulation:
(1) If a voter is unable to sign a form used at a polling place, an "X" or similar mark will be accepted as that individual's signature; and
(2) If a voter is unable to make a mark, the requirement for a signature is met by the execution of the endorsement described in §B of this regulation.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.05 - Special Assistance › Section 33.07.05.02 - Assistance Needed to Cast Ballot

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies when, because of a physical disability or an inability to read or write English, a voter requests assistance in marking or casting the ballot or in filling out a provisional ballot application.
B. Voter's Options.
(1) As provided in Election Law Article, Annotated Code of Maryland, the voter may select anyone to assist the voter, except:
(a) The voter's employer;
(b) The voter's union representative;
(c) An officer or agent of the voter's employer or union;
(d) For a voter casting a provisional ballot, a candidate who is on the voter's ballot; or
(e) A challenger or watcher who has been designated as such for this election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.05 - Special Assistance › Section 33.07.05.03 - Name Not in Election Register

Current through Register Vol. 51, No. 14, July 12, 2024
A. Manual Procedures. If a voter's name does not appear in the election register, the election judges shall follow the procedures specified in the Judges' Manual.
B. "Fail-Safe" Procedures.
(1) The State Administrator shall establish procedures to implement the "fail-safe" provisions of the National Voter Registration Act of 1993.
(2) The election director shall comply with these procedures when providing instructions to election judges.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.05 - Special Assistance › Section 33.07.05.04 - Powers of Attorney

Current through Register Vol. 51, No. 14, July 12, 2024
The right to vote may not be delegated to any other person, whether by power of attorney or otherwise.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.06 - Identification Requirements › Section 33.07.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies only to an individual who:
A. Registered to vote in Maryland after January 1, 2003;
B. Submitted the voter registration application by mail or is required to provide personal identification information to complete a verification inquiry under COMAR 33.05.04.04A;
C. Is voting in Maryland for the first time after January 1, 2004; and
D. Is voting in person at the polls.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.06 - Identification Requirements › Section 33.07.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "MVA" means the Motor Vehicle Administration.
(2) "VRA" means voter registration application.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.06 - Identification Requirements › Section 33.07.06.03 - Identification Required

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in Regulation .04 of this chapter, an individual covered by this chapter shall present personal identification information on the request of an election judge.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.06 - Identification Requirements › Section 33.07.06.04 - Requirement Satisfied

Current through Register Vol. 51, No. 14, July 12, 2024
Personal identification information is not required at the time of voting if:
A. The State Board has matched with an existing State identification record the individual's name, date of birth, and the MVA identification number or at least the last four digits of the Social Security number provided by the individual on or with the VRA; or
B. The individual has previously submitted to the local board a copy of personal identification information.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.06 - Identification Requirements › Section 33.07.06.05 - Fail-safe Provision

Current through Register Vol. 51, No. 14, July 12, 2024
If an individual covered by this chapter does not present the required personal identification information, an election judge shall offer the individual a provisional ballot application and, upon completing the application, the individual shall be issued a provisional ballot under COMAR 33.16.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.07 - Challengers or Watchers › Section 33.07.07.01 - Designating Entities

Current through Register Vol. 51, No. 14, July 12, 2024
A. State Board as Designating Entity. The State Board may:
(1) Designate an individual as an accredited challenger or watcher if the individual submits a written request that includes polling places in more than one county; and
(2) Require the individual to attend a training session, read any State Board issued information, or both.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.07 - Challengers or Watchers › Section 33.07.07.02 - Permissive Activities of Accredited Challengers or Watchers

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.An accredited challenger or watcher may perform the activities defined in Election Law Article, §
									10-311(b), Annotated Code of Maryland.
B. Before Voting.
(1) Except as provided in §B(2) of this regulation, before voting begins on election day, an accredited challenger or watcher may observe the election judges setting up the voting room, including:
(a) Observing the election judges print voting system reports and review these reports;
(b) Verifying the number of voters who have been checked-in and the number of votes that have been cast; and
(c) Verifying that required security seals have been applied on the voting system.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.07 - Challengers or Watchers › Section 33.07.07.03 - Prohibited Acts of Challengers or Watchers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibited Acts.A challenger or watcher may not:
(1) Perform or attempt to perform the activities defined in Election Law Article, §
										10-311(d), Annotated Code of Maryland;
(2) Bring into a polling place any device listed in COMAR 33.07.04.02A or political materials, newspapers, or news magazines;
(3) Wear clothing or accessories with a political message;
(4) Act or attempt to act as an advocate for one or more voters;
(5) Exercise or attempt to exercise political influence while in a polling place;
(6) Communicate or attempt to communicate with a voter while inside a polling place or within the electioneering boundary defined in Election Law Article, §
										16-206(b), Annotated Code of Maryland; or
(7) Challenge or attempt to challenge an act of an election judge.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.07 - Challengers or Watchers › Section 33.07.07.04 - Election Judges

Current through Register Vol. 51, No. 14, July 12, 2024
Election judges shall:
A. Protect a challenger or watcher in the exercise of the rights of a challenger or watcher; and
B. If an accredited challenger or watcher arrives at least 30 minutes before a polling place opens, admit the accredited challenger or watcher upon arrival.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.08 - Challenging Voters › Section 33.07.08.02 - Grounds for Challenge

Current through Register Vol. 51, No. 14, July 12, 2024
A challenger may challenge an individual's right to vote only if the challenger has a reasonable basis for asserting that the individual seeking to vote is not the registered voter that the individual claims to be.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.08 - Challenging Voters › Section 33.07.08.03 - Challenge Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. If a challenge is made to a voter's identity and the challenged individual does not present any of the forms of identification specified in Election Law Article, §
									10-312(a)(2), Annotated Code of Maryland, the Chief Judge or Chief Judges shall record the proceedings on an identity challenge record, in the form that the State Administrator prescribes.
B. Contents. The form shall contain appropriate places for:
(1) Each of the challenger and the challenged voter to sign an oath or affirmation, under penalties of perjury, that the individual's responses and statements are true;
(2) The signature of the Chief Judge who administered each oath; and
(3) The reason given for the challenge.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.09 - Electioneering; Exit Polling › Section 33.07.09.01 - Electioneering-Polling Place

Current through Register Vol. 51, No. 14, July 12, 2024
A. At each polling place, one election judge from each principal political party shall be designated by the local board and, acting jointly, shall post signs delineating a line around the entrance and exit of the building that are closest to that part of the building in which voting occurs.
B. Electioneering Boundary.
(1) Except as provided in §B(2) of this regulation, the line shall be located as near as practicable to 100 feet from the entrance and exit and shall be established after consideration of the configuration of the entrance and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.
(2) In Montgomery County, on approval of the local board, the line may be located at any point between 25 feet and 100 feet from the entrance and exit.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.09 - Electioneering; Exit Polling › Section 33.07.09.02 - Electioneering - Election Offices

Current through Register Vol. 51, No. 14, July 12, 2024
Electioneering is prohibited within the offices of a local board or the State Board:
A. On election day; and
B. At all other times.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.09 - Electioneering; Exit Polling › Section 33.07.09.03 - Electioneering - Clothing, Buttons, etc., in Polling Place

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Except as specified in §B of this regulation, an individual, including any candidate, watcher, or challenger, may not enter the No Electioneering Zone outside a polling place while visibly wearing or carrying any clothing, button, sticker, sign, or other paraphernalia that indicates support or opposition to a candidate, question, or contest.
B. Exception. This regulation does not apply to clothing, buttons, or stickers worn by a voter who, without lingering, enters the polling place, votes, and then leaves.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.09 - Electioneering; Exit Polling › Section 33.07.09.04 - Exit Polling

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Exit polling, whether by questionnaire or interview, is permitted within the No Electioneering Zone outside a polling place, subject to the conditions specified in §B of this regulation.
B. Conditions. A pollster:
(1) May not enter the voting room;
(2) May not ask questions of a voter until the voter has left the voting room;
(3) Shall inform each voter being polled that the voter's participation is voluntary; and
(4) May not electioneer.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.10 - Non-Voting Hours Procedures › Section 33.07.10.01 - Ballot Box Return and Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Numbered Seals Required. Any seal used by a local board shall be numbered.
B. Reception Team to Receive. The sealed or locked ballot boxes from the polling places shall be received by a reception team.
C. Marking. Each ballot box shall be marked as having been inspected before it is delivered to a ballot reception team.
D. Inspection and Certification.
(1) The reception team shall:
(a) Inspect each ballot box and its seal or lock; and
(b) Prepare and sign a certification of the box's condition.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.10 - Non-Voting Hours Procedures › Section 33.07.10.02 - Ballot Storage

Current through Register Vol. 51, No. 14, July 12, 2024
A. Secure Storage. All voted ballots shall remain in a sealed ballot box until they are authorized to be opened and removed for an audit, recount, judicial challenge, storage, or disposal.
B. Storage Term. All voted ballots shall be retained for at least 22 months after the election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.11 - Election Judges › Section 33.07.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Previously served" means an election judge who:
(a) Was previously appointed in accordance with Election Law Article, §
											10-203, Annotated Code of Maryland;
(b) Completed a term of office; and
(c) Served in the capacity of an election judge during the term of office in a Statewide primary, general, or special election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 07 - ELECTION DAY ACTIVITIES › Chapter 33.07.11 - Election Judges › Section 33.07.11.02 - Compensation of Election Judges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Compensation. For each election judge who has not previously served as an election judge, the compensation for each election day and each early voting day actually served shall be at least $250 per day.
B. Entitlement to Additional Compensation. For each election judge who has previously served as an election judge, the compensation for each election day and each early voting day shall be at least $100 more per day than the compensation provided to an election judge who has not previously served as an election judge.
C. Limitations on Additional Compensation. The following individuals are not entitled to additional compensation, unless previously approved by the election director:
(1) Elections judges serving in their first term of office;
(2) Elections judges serving a subsequent term of office, but who only acted as a backup election judge during their first term of office; and
(3) Individuals who perform election related tasks but are not sworn in as an election judge and appointed as an election judge.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meaning indicated.
B. Terms Defined.
(1) "Counting center" means the central location designated by the local board for the canvass of ballots.
(2) "Election Management System" has the meaning stated in COMAR 33.10.02.01B(10).
(3) "Totals tape" means the report of result totals that is generated by an optical scan or touchscreen voting unit.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.02 - Board Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) The canvass 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, and this chapter.
(2) The local board is responsible for enforcing all provisions of Election Law Article, Annotated Code of Maryland, and all rules, regulations, and directives of the State Board that relate to vote canvassing.
(3) Oath or Affirmation.
(a) In an election where there is no early voting, each member of the local board shall, not later than 5 p.m. on election day, take and subscribe the following oath or affirmation: I, ........, do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of Board of Canvassers, according to the Constitution and Laws of this State.
(b) The oath or affirmation shall be administered and recorded by the clerk of the circuit court.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.02-1 - Board Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. Oath or Affirmation Required.
(1) Each local board counsel shall take and subscribe the following oath or affirmation: I, ........, do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, serve as counsel to the ........ Board of Canvassers, according to the Constitution and Laws of this State.
(2) The clerk of the circuit court or chairman of the local board shall administer and record the oath or affirmation in §A(1) of this regulation to the local board counsel.
(3) The oath or affirmation shall be administered on or before the day of the election but not later than 5 p.m. on that day.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.03 - Substitute Board Members

Current through Register Vol. 51, No. 14, July 12, 2024
A. Substitution Allowed. Subject to §B of this regulation, substitute members may fill in for regular members at any time during the canvass.
B. Party Representation. During every session, however, both principal political parties shall always be represented.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.04 - Closing Polls

Current through Register Vol. 51, No. 14, July 12, 2024
After the last individual has voted, as authorized by Election Law Article, §
									10-301(b), Annotated Code of Maryland, the election judges shall proceed to close the polls and to secure and deliver equipment and materials to the board, as provided in Election Law Article, §§
									10-314 and  11-202, Annotated Code of Maryland, and in COMAR 33.10.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.05 - Stages of Vote Count

Current through Register Vol. 51, No. 14, July 12, 2024
A. Election Night-Precinct Count. The precinct count shall be conducted as provided in COMAR 33.10.
B. Absentee Canvass. The canvass of absentee ballots shall be conducted as provided in:
(1) This subtitle; and
(2) COMAR 33.11.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.05-1 - Notice of Canvass

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each election director shall provide notice of the first and second absentee canvasses and the provisional canvass by:
(1) Mail sent directly to:
(a) The chairman of the county central committee of each political party;
(b) Each candidate who is not a candidate of a political party; and
(c) The State Administrator; and
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.06 - Working Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
The local board shall determine and announce the:
A. Time for opening and closing each working session; and
B. Time and duration of any breaks.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.07 - Public Attendance at Canvass

Current through Register Vol. 51, No. 14, July 12, 2024
Throughout the canvass, all sessions, deliberations, and proceedings shall be open to the public and the media.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.07-1 - Storage of Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
The local board shall keep and store canvassed ballots based on the canvass in which they were canvassed.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.08 - Challenges

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) An individual who wishes to bring a challenge regarding an action of the local board on an absentee ballot or provisional ballot application shall make the challenge at the time the ballot or application is presented for acceptance or rejection.
(2) A challenge is waived if the challenge is not made pursuant to § A(1) of this regulation.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.09 - Voting System Verification

Current through Register Vol. 51, No. 14, July 12, 2024
A local board shall verify the voting system as provided in COMAR 33.10.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.10 - Report of Votes Cast

Current through Register Vol. 51, No. 14, July 12, 2024
At times and in the format required by the State Administrator, the election director shall produce:
A. The total votes cast for all offices and on all questions:
(1) By precinct for votes cast on election day in a polling place; or
(2) By county, for votes cast during early voting or by absentee or provisional voting; and
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.11 - Certification of Results

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local board or State Board, as the case may be, shall certify the election results as provided in Election Law Article, §
									11-401,  11-501, or  11-603, Annotated Code of Maryland.
B. Upon receipt of the official returns from a referendum vote concerning a law enacted by the General Assembly, the State Administrator shall certify the results of the vote.
C. The State Administrator shall forward a copy of the certification to:
(1) The Clerk of the Court of Appeals; and
(2) The Department of Legislative Services, so that the Department can carry out its responsibilities under State Government Article, §
										2-1243(a), Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.01 - Definitions; General Provisions › Section 33.08.01.12 - Release of Voting Systems

Current through Register Vol. 51, No. 14, July 12, 2024
Once secured, as required by COMAR 33.10, no part of the voting system may be released except:
A. As specifically authorized by law; or
B. On the written authorization of the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.02 - Uniform Definition of a Voter › Section 33.08.02.01 - Definition of a Vote-Direct Recording Electronic (DRE) Voting System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A vote on a Direct Recording Electronic (DRE) voting unit is the choice made when a voter selects a candidate or the desired answer to a question and casts the ballot.
B. To select a candidate or an answer to a question, the voter shall:
(1) Press the appropriate place on the touchscreen to cause an "X" to display next to the name of the candidate or answer to a question for which the voter desires to vote;
(2) Type on the touchscreen the name of a write-in candidate in accordance with the instructions for voting on the DRE voting unit and press the appropriate place on the touchscreen to record the write-in vote; or
(3) Press the appropriate button on the keypad for the accessible voting unit to signify the voter's selection of a particular candidate or answer to a question.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.02 - Uniform Definition of a Voter › Section 33.08.02.02 - Definition of a Vote-Optical Scan Voting System

Current through Register Vol. 51, No. 14, July 12, 2024
A. Automatic Tabulation. If ballots are tabulated electronically, a vote cast on an optical scan voting system is the choice made by a voter by:
(1) Filling in the oval next to the candidate's name or the question choice;
(2) Using a ballot marking device to make selections; or
(3) Writing in the name of a candidate in the designated write-in space and filling in the oval next to the write-in candidate's name.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.02 - Uniform Definition of a Voter › Section 33.08.02.03 - Write-in Voting Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate shall be disregarded in determining the validity of a write-in vote as long as the intended candidate can be determined.
B. Writing in only the last name of a candidate constitutes a valid vote, unless there is more than one filed candidate with the same last name for that office. If there is more than one filed candidate with the same last name for that office, writing in only the last name is not a valid vote.
B-1. Writing in only the first name or initials of a candidate constitutes a valid vote, unless there is more than one filed candidate with the same first name or initials for that office. If there is more than one filed candidate with the same first name or initials for that office, writing in only the first name or initials is not a valid vote.
C. Writing in the name of the candidate for Governor or the name of the candidate for Lieutenant Governor is sufficient to cast a write-in vote for the joint office.
D. Writing in the name of the candidate for President or the name of the candidate for Vice President is sufficient to cast a write-in vote for the joint office.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.03 - Canvass Control and Safeguards › Section 33.08.03.01 - Board to Set Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
The local board shall develop and, with the approval of the State Board, establish and enforce procedures and methods to:
A. Maintain order throughout the canvass; and
B. Safeguard all records and documents.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.03 - Canvass Control and Safeguards › Section 33.08.03.02 - Public Inspection of Ballots and Other Documents

Current through Register Vol. 51, No. 14, July 12, 2024
Observers and challengers are allowed to visually inspect ballots, provisional ballot applications, and absentee ballot envelopes, and the like, at a reasonable distance, but may not touch them.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.03 - Canvass Control and Safeguards › Section 33.08.03.04 - Distractions

Current through Register Vol. 51, No. 14, July 12, 2024
Conversations and other activities that interfere with or distract the board's staff are prohibited.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.03 - Canvass Control and Safeguards › Section 33.08.03.05 - Instructions to Staff and Public

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. At the start of the canvass, the board shall generally instruct the staff, the public, and the media on the:
(1) Process to be completed; and
(2) Procedures to be followed.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.03 - Canvass Control and Safeguards › Section 33.08.03.06 - Security Guards

Current through Register Vol. 51, No. 14, July 12, 2024
The board may arrange for one or more security guards to:
A. Be present from the start until the end of the canvass; and
B. Assist the board in maintaining order during the canvass.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.04 - Central Count Procedures › Section 33.08.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. This chapter applies to all voting systems except as specified in §B of this regulation.
B. Exception. This chapter does not apply to votes cast on any other direct recording electronic voting equipment certified for use in this State.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.04 - Central Count Procedures › Section 33.08.04.02 - Special Teams

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appointment; Composition.
(1) The local board shall:
(a) Appoint special teams to perform various functions during the canvass; and
(b) Assign an identification number to each team.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.04 - Central Count Procedures › Section 33.08.04.05 - Ballot Duplication - Team Method

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. If a ballot inspection team determines that a ballot is unacceptable for machine tabulation, whether the defect existed when the ballot reached the counting center or resulted from processing in the counting center, the ballot shall be duplicated by a ballot duplicating team.
B. Standard for Duplicating. When determining the intent of the voter who cast the original ballot, the ballot duplicating team shall use the standards in COMAR 33.08.02.
C. Disposition of Ballots.
(1) Following duplication, the:
(a) Original ballot shall be replaced by the duplicate ballot; and
(b) Duplicate ballot shall be counted with the ballots for that precinct.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.04 - Central Count Procedures › Section 33.08.04.06 - Ballot Duplication - Automated Method

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. If a local board uses a barcode to generate a ballot that is acceptable for machine tabulation, the ballot submitted by the voter and the ballot generated from the barcode must be referred to a ballot verification team.
B. Standard for Verification.
(1) The ballot verification team shall compare the ballot submitted by the voter against the ballot generated from the barcode.
(2) If the team determines that the ovals marked on both ballots:
(a) Match, the ballot generated from the barcode shall be tabulated.
(b) Do not match, the team shall duplicate the ballot submitted by the voter according to Regulation .05 of this chapter and notify the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.04 - Central Count Procedures › Section 33.08.04.07 - Write-In Votes

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) The report of votes cast from the certified voting system shall indicate the number of marks in write-in positions for each contest.
(2) The local board shall manually tally and record all votes cast for write-in candidates.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.04 - Central Count Procedures › Section 33.08.04.08 - Over-Votes

Current through Register Vol. 51, No. 14, July 12, 2024
An over-vote in a contest does not invalidate the rest of the ballot, but only the votes cast in that contest. All other votes correctly cast on the ballot shall be counted.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Automated software audit" is a software audit performed by an entity other than the vendor of the certified voting system.
(2) "Discrepancy" means the difference between the voting system results and the results of an automated or manual audit.
(3) "Manual audit" has the meaning stated in Election Law Article, §
										11-309, Annotated Code of Maryland.
(4) "Precinct" includes an early voting center in Regulations .02-.06 of this chapter.
(5) "Previous comparable general election" has the meaning stated in Election Law Article, §
										11-309, Annotated Code of Maryland.
(6) "Voter-verifiable paper record" has the meaning stated in Election Law Article, §
										9-102, Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the verification is to demonstrate and confirm the accuracy of the voting system's tabulation logic.
B. The purpose of the precinct audit is to confirm that the number of ballots cast equals the number of voters who checked-in to vote at a polling place.
C. The purpose of the absentee and provisional ballot audit is to ensure that each accepted ballot met the application and acceptance criteria and conversely that rejected ballots did not meet the criteria.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.03 - Verification and Audit Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local board of canvassers may not certify the results of an election until the verification and audit procedures required in this chapter have been completed for that election.
B. The State Administrator shall establish procedures and reporting formats to guide the verification and audit process.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.04 - Selection of Precincts

Current through Register Vol. 51, No. 14, July 12, 2024
A.After 8 p.m. on election day, each local board shall randomly select for post-election verification and auditing, the greater of:
(1) Three precincts with at least 300 registered voters; or
(2) 5 percent of all precincts used in the election.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.05 - Post-Election Verification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Touchscreen Voting Unit. For each precinct selected under Regulation .04 using a touchscreen voting unit, the election director shall:
(1) Obtain the totals tapes from each touchscreen voting unit deployed to the precinct;
(2) Aggregate for each precinct the results reported on the totals tapes; and
(3) Compare those aggregated precinct results against the results for that precinct as reported by the Election Management System.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 08 - CANVASSING › Chapter 33.08.05 - Post - Election Verification and Audit › Section 33.08.05.06 - Post-Election Audit - Precincts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Automated.
(1) For every precinct in an election, the State Administrator shall produce a report with the following information:
(a) The number of voters who were checked-in to vote as reported by the electronic pollbooks;
(b) The number of ballots cast as reported in the Election Management System; and
(c) The difference, if any, between the number of voters checked-in to vote and ballots cast.