Md. Code, Election Law, Title 2

in effect

Md. Code, Election Law § 2-101

(a) There is a State Board of Elections consisting of five members. (b) The State Board shall maintain its principal office in Annapolis and have staff, subject to the State Personnel and Pensions Article, as provided in the State budget. (c) (1) Each member of the State Board shall: (i) subject to subsection (g)(2) of this section, be appointed by the Governor in accordance with paragraph (2) of this subsection, with the advice and consent of the Senate of Maryland; (ii) be a registered voter in the State for the 5 years immediately preceding the appointment; (iii) subject to subsection (f)(3) of this section, be eligible for reappointment; (iv) conform to the restrictions specified under § 2-301 of this title; and (v) be subject to removal by the Governor for incompetence, misconduct, or other good cause, upon written charges filed by the Governor with the State Board and after having been afforded notice and ample opportunity to be heard. (2) Subject to subsection (e) of this section, the Governor shall appoint as a member of the State Board an individual whose name is submitted to the Governor by the State Central Committee of the principal political party entitled to the appointment. (d) Before taking office, each appointee to the State Board shall take the oath required by Article I, § 9 of the Maryland Constitution. (e) (1) Each member of the State Board shall be a member of one of the principal political parties. (2) A person may not be appointed to the State Board if the appointment will result in the State Board having more than three or fewer than two members of the same principal political party. (f) (1) The term of a member is 4 years and begins on July 1. (2) The terms of the members are staggered as required by the terms provided for members of the State Board on July 1, 1999. (3) A member may not serve more than three consecutive terms. (4) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (g) (1) If a vacancy occurs on the State Board, it shall be filled for the remainder of the unexpired term and until a successor is appointed and qualifies. (2) An appointment made while the Senate of Maryland is not in session shall be considered temporary until the appointee is confirmed by the Senate. (h) Not later than August 1 each year, the State Board shall elect one of its members as chairman. (i) Each member shall receive: (1) per diem compensation as provided in the State budget for each day that the member is actually engaged in the discharge of official duties, as authorized by the State Board and in accordance with the State budget; and (2) reimbursement for all necessary and proper expenses, as provided in the State budget.

Md. Code, Election Law § 2-102

(a) The State Board shall manage and supervise elections in the State and ensure compliance with the requirements of this article and any applicable federal law by all persons involved in the elections process. (b) In exercising its authority under this article and in order to ensure compliance with this article and with any requirements of federal law, the State Board shall: (1) supervise the conduct of elections in the State; (2) direct, support, monitor, and evaluate the activities of each local board; (3) have a staff sufficient to perform its functions; (4) adopt regulations to implement its powers and duties; (5) receive, or in its discretion audit, campaign finance reports, account books and records kept under § 13–221 of this article, independent expenditure reports filed and records kept under § 13–306 of this article, electioneering communication reports filed and records kept under § 13–307 of this article, and statements filed and records kept under § 14–105 of this article; (6) appoint a State Administrator in accordance with § 2–103 of this subtitle; (7) at least annually, evaluate the performance of the State Administrator; (8) maximize the use of technology in election administration, including the development of a plan for a comprehensive computerized elections management system; (9) canvass and certify the results of elections as prescribed by law; (10) make available to the general public, in a timely and efficient manner, information on the electoral process, including a publication that includes the text of this article, relevant portions of the Maryland Constitution, and information gathered and maintained regarding elections; (11) subject to § 2–106 of this subtitle and § 13–341 of this article, receive, maintain, and serve as a depository for elections documents, materials, records, statistics, reports, certificates, proclamations, and other information prescribed by law or regulation; (12) prescribe all forms required under this article; and (13) serve as the official designated office in accordance with the Uniformed and Overseas Citizens Absentee Voting Act for providing information regarding voter registration and absentee ballot procedures for absent uniformed services voters and overseas voters with respect to elections for federal office. (c) The powers and duties assigned to the State Board under this article shall be exercised in accordance with an affirmative vote by a supermajority of the members of the State Board. (d) For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the State Board if no organizational business is conducted.

Md. Code, Election Law § 2-103

(a) There is a State Administrator of Elections. (b) The State Administrator shall: (1) be appointed by the State Board, with the advice and consent of the Senate of Maryland, and serve at the pleasure of the State Board; (2) receive a salary as provided in the State budget; (3) as provided in the State budget, employ and supervise: (i) a deputy administrator, who shall serve as State Administrator in the event the State Administrator resigns, becomes disabled, or dies, pending the appointment of a successor State Administrator; and (ii) pursuant to the State Personnel and Pensions Article, other staff of the State Board; (4) supervise the operations of the local boards; (5) at least annually, provide a performance evaluation of the election director of each local board to the local board, including any recommended disciplinary actions for failure to comply with State laws, regulations, and policies; (6) perform all duties and exercise all powers that are assigned by law to the State Administrator or delegated by the State Board; (7) implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list; (8) provided the State Board is fully constituted with five duly confirmed members, be subject to removal by the affirmative vote of four duly confirmed members of the State Board; and (9) be the chief State election official. (c) When conducting a performance evaluation of an election director of a local board under subsection (b)(5) of this section, the State Administrator may seek the feedback of individuals with whom the election director regularly interacts in the course of the election director’s duties. (d) Before taking office, the appointee to the office of State Administrator shall take the oath required by Article I, § 9 of the Maryland Constitution. (e) The State Administrator may enter into a memorandum of understanding with a municipal corporation, the terms of which shall allow the Administrator to work collaboratively with the municipal corporation to support the administration of the municipal corporation’s elections. (f) (1) The State Administrator may lease a voting system or any other equipment used to administer an election to a municipal corporation for use in a municipal election in accordance with a memorandum of understanding entered into under subsection (e) of this section. (2) The State Administrator shall: (i) determine the terms and conditions of the lease; and (ii) distribute the proceeds of the lease to the Fair Campaign Financing Fund established under § 15–103 of this article.

Md. Code, Election Law § 2-104

(a) In the year preceding each year in which a primary and general election is to be held throughout the State, the State Board shall conduct a meeting for the members of the local boards. (b) Unless excused by the State Administrator in accordance with regulations of the State Board, the following individuals are required to attend the meeting: (1) the members, substitute members, counsel, and election director of each local board; and (2) any other individuals designated by the State Board or a local board to attend the meeting. (c) (1) The meeting shall be held at a time and place and continue for such period of time as the State Board considers necessary. (2) The purpose of the meeting is to instruct the members of the local boards, the election directors, the counsel to local boards, and the other employees who are in attendance, concerning their duties in the conduct of elections. (d) Each member, substitute member, election director, counsel, or other employee who is required or authorized to attend the meeting shall be reimbursed by the county government: (1) for all reasonable expenses for each day that the individual attends the meeting; and (2) for mileage from the individual’s place of residence to the place of meeting and return, in accordance with the Standard State Travel Regulations.

Md. Code, Election Law § 2-105

In any judicial proceeding in which a local board is a party, the State Board: (1) immediately after the action has been filed, shall be provided by the local board with a copy of the complaint or other pleading that initiated the proceeding; and (2) may join as a party to the proceeding.

Md. Code, Election Law § 2-106

(a) (1) Subject to paragraph (2) of this subsection, the State Board and each local board shall maintain and dispose of its public records in accordance with the program for records management adopted by the State Board under Title 10, Subtitle 6, Part II of the State Government Article. (2) Each local board shall maintain voting authority cards that have been signed under § 10–310(a)(6) of this article for 3 years by: (i) physically storing the voting authority cards; or (ii) electronically scanning and storing the voting authority cards in the same manner that the local board stores other electronic materials. (b) If produced and proved by a representative of the applicable board, a copy of a public record that is certified by and kept under the seal of the principal administrative officer of that board shall be evidence in any court to the same extent as the original record.

Md. Code, Election Law § 2-107

(a) (1) There is a Maryland Election Modernization Fund. (2) The Fund is established as a continuing fund for programs relating to the federal Help America Vote Act of 2002 and related expenditures. (3) The Fund is a special, continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (4) The Treasurer shall separately hold and the Comptroller shall account for the Fund. (5) The Fund shall be invested and reinvested in the same manner as other State funds. (6) Any investment earnings shall be retained to the credit of the Fund. (b) The Fund consists of: (1) moneys appropriated in the State budget to the Fund; (2) moneys otherwise appropriated for the purposes of the Fund, which may be transferred to the Fund by an approved budget amendment; and (3) moneys received by the State from the federal government under the federal Help America Vote Act of 2002 or under other federal programs for similar purposes. (c) Expenditures from the Fund may be made only in accordance with an appropriation for: (1) complying with requirements of the federal Help America Vote Act of 2002; (2) improving the administration of elections for federal office; (3) educating voters regarding voting procedures, voting rights, and voting technology; (4) training election officials, poll workers, and election volunteers; (5) developing the State plan required by the federal Help America Vote Act of 2002; (6) improving, acquiring, leasing, modifying, or replacing voting systems and technology and methods for casting and counting votes; (7) improving the quantity and accessibility of polling places, including providing physical access for individuals with disabilities, nonvisual access for individuals with visual impairments, and access for individuals with limited proficiency in the English language; (8) establishing toll-free telephone hotlines that voters may use to report possible voting fraud and voting rights violations, to obtain general election information, and to access detailed automated information on their own voter registration status, specific polling place locations, and other relevant information; and (9) any other uses that may be allowed for funds received under the federal Help America Vote Act of 2002.

Md. Code, Election Law § 2-108

(a) (1) In this section the following words have the meanings indicated. (2) “Appropriate persons” means: (i) the State Board; (ii) the Governor; (iii) the President of the Senate of Maryland; (iv) the Speaker of the House of Delegates; and (v) the Attorney General. (3) “Election service provider” means any person providing, supporting, or maintaining an election system on behalf of the State Board or a local board, including a contractor or vendor. (4) “Election system” means any information system used for the management, support, or administration of an election, including: (i) the voting system; (ii) the online voter registration system; (iii) the voter registration database; (iv) the online ballot request, delivery, or marking systems; (v) the electronic pollbooks; (vi) the system for tabulating or reporting election results; and (vii) the State Board or local board e–mail system. (5) “Security violation” means the incident categories defined by the Department of Information Technology in the State information security policy. (6) “Significant attempted security violation” means an attempt to commit a security violation that: (i) is known to have been committed by a foreign government or agents of a foreign government; or (ii) the State Administrator considers to be of particular significance or concern. (b) Within 7 days after becoming aware of a security violation or significant attempted security violation, the State Administrator shall submit to the Department of Information Technology and the appropriate persons a report on each security violation and significant attempted security violation involving an election system: (1) owned, operated, or maintained by the State Board or a local board of elections; or (2) provided, supported, or maintained by an election service provider. (c) Within 7 days after receiving the State Board’s report submitted under subsection (b) of this section, the Department of Information Technology shall forward any additional relevant information to the appropriate persons and the State Administrator. (d) Notwithstanding any other law, the Secretary of Information Technology may require that the information contained in a report submitted under subsection (b) of this section be withheld from the general public if the Secretary determines that the public interest is served by withholding the information. (e) If an election service provider knows that a security violation or significant attempted security violation has occurred involving an election system provided, supported, or maintained by the election service provider, the election service provider shall: (1) notify the State Administrator in writing as soon as practicable but not later than 4 days after becoming aware of the security violation or significant attempted security violation; and (2) cooperate with the State Administrator in submitting the report required under subsection (b) of this section.

Md. Code, Election Law § 2-109

(a) (1) In this section the following words have the meanings indicated. (2) “Appropriate persons” means: (i) the State Board; (ii) the Governor; (iii) the President of the Senate of Maryland; (iv) the Speaker of the House of Delegates; (v) the Attorney General; and (vi) the Department of Information Technology. (3) “Contract” means an agreement in any form entered into by a governmental entity for a procurement as defined in § 11–101 of the State Finance and Procurement Article. (4) (i) “Election service provider” means any person providing, supporting, or maintaining an election system on behalf of the State Board. (ii) “Election service provider” includes a contractor and vendor. (5) “Election system” includes: (i) a voting system; (ii) an election management system; (iii) a voter registration website or database; (iv) an electronic pollbook; (v) a system for tabulating or reporting election results; and (vi) any other information system that is determined to be central to the management, support, or administration of an election. (6) “Foreign national” includes: (i) an individual who is a citizen of a foreign country; and (ii) an individual, a partnership, an association, a corporation, an organization, or any other combination of individuals organized under the laws of or having its principal place of business in a foreign country. (b) The State Board may not approve a contract with an election service provider unless the contract includes a clause requiring the election service provider to provide the State Board notice of: (1) any ownership of or investment in the election service provider or control of the election service provider by a foreign national at the time of the award of the contract; and (2) any material change in any ownership of or investment in the election service provider or control of the election service provider by a foreign national at any time for the duration of the contract. (c) The notice required under subsection (b) of this section shall include: (1) the name and nationality of the foreign national that has ownership of or investment in or control of the election service provider; and (2) the nature and extent of the ownership, investment, or control. (d) On a determination by the State Administrator that the foreign national has the ability to control, influence, or direct the election service provider in any manner that would compromise or influence, or give the appearance of compromising or influencing, the independence and integrity of an election, the State Administrator may terminate, in whole or in part, the contract with the election service provider. (e) Within 7 days after the State Administrator exercises the authority to terminate, in whole or in part, a contract with an election service provider under subsection (d) of this section, the State Administrator shall notify the appropriate persons in writing of the termination of the contract and the State Administrator’s reasons for terminating the contract.

Md. Code, Election Law § 2-110

(a) (1) In this section the following words have the meanings indicated. (2) “Election disinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State that is knowingly and deliberately disseminated. (3) “Election misinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State. (b) (1) The State Board shall maintain a portal on the State Board’s website that the public may use to report election misinformation and election disinformation. (2) The State Board shall conduct a periodic review of material submitted by the public through the portal and, to the extent necessary, issue corrective information or refer submissions to the State Prosecutor.

Md. Code, Election Law § 2-201

(a) (1) There is a county board of elections in each county of the State. (2) Each local board and its staff is subject to the direction and authority of the State Board and is accountable to the State Board for its actions in all matters regarding the implementation of the requirements of this article and any applicable federal law. (b) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, each local board consists of five regular members. (ii) Three regular members shall be of the majority party, and two regular members shall be of the principal minority party. (2) (i) In Prince George’s County, the local board consists of five regular members and three substitute members. (ii) Four regular members and two substitute members shall be of the majority party, and one regular member and one substitute member shall be of the principal minority party. (3) (i) In Montgomery County, the local board consists of five regular members and two substitute members. (ii) Three regular members and one substitute member shall be of the majority party, and two regular members and one substitute member shall be of the principal minority party. (c) Each regular member of a local board and each substitute member of a local board shall: (1) be appointed in accordance with subsection (g) of this section; (2) be a registered voter in the county for which the individual is appointed for the 5 years immediately preceding the appointment; and (3) be eligible for reappointment. (d) (1) The term of a member is 4 years and begins on the first Monday in June of each year following a gubernatorial election. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (e) Before taking office, a member shall take and subscribe to the oath prescribed in Article I, § 9 of the Maryland Constitution. (f) The Governor may remove a member for incompetence, misconduct, or other good cause, upon written charges stating the Governor’s grounds for dismissal and after affording the member notice and an ample opportunity to be heard. (g) (1) The Governor shall request the county central committee representing the majority party or the principal minority party, as appropriate, to submit a list of at least four eligible individuals from which the Governor may make an appointment of a regular member of a local board or a substitute member of the local board. (2) The Governor may reject all of the nominees if the Governor determines them to be unfit or incompetent, in which case the Governor shall notify the State Board in writing and request an additional list of at least four eligible nominees from the county central committee. A third list may be requested in the same manner. (3) If a list containing the names of four eligible nominees is not submitted within 20 days of a request or if all the nominees on three lists are rejected, the Governor may appoint any eligible person who is a member of the appropriate political party. (4) (i) Except as provided in subparagraph (ii) of this paragraph, each appointment shall be subject to confirmation by the Senate of Maryland. (ii) In Caroline, Dorchester, and Kent counties, if there is no resident Senator of the particular county, the confirmation required under subparagraph (i) of this paragraph shall be by the House of Delegates of Maryland. (iii) If an appointee is rejected, the Governor shall make another appointment from the list or lists submitted under paragraphs (1) and (2) of this subsection. If a list is not provided, or the nominees on three lists are rejected, the Governor may appoint an eligible individual as provided in paragraph (3) of this subsection. (h) (1) Except in Montgomery County and Prince George’s County, if a vacancy occurs on the local board, the Governor shall appoint an eligible person from the same political party as the predecessor member to fill the vacancy in accordance with subsection (g) of this section for the remainder of the unexpired term and until a successor is appointed and qualifies. (2) An appointment made while the General Assembly is not in session shall be considered temporary until the appointee is confirmed by the General Assembly. (i) (1) This subsection applies only in Montgomery County and Prince George’s County. (2) In the event of the absence of a regular member or a vacancy in the office of a regular member, the substitute member of the same political party shall exercise the powers and duties of a regular member until the regular member returns or the vacancy is filled as prescribed in this subsection. (3) Subject to paragraph (4) of this subsection, if a member of a local board dies, resigns, is removed, or becomes ineligible: (i) the substitute member belonging to the same political party shall become a regular member of the local board; and (ii) the Governor shall appoint an eligible person from the same political party to be the new substitute member. (4) In Prince George’s County, if a vacancy occurs on the local board among the members from the majority party, the Governor shall designate one of the substitute members from that party to fill the vacancy. (5) If a substitute member of a local board becomes a regular member as provided in paragraph (3)(i) of this subsection, dies, resigns, is removed, or becomes ineligible when the confirming legislative body is not in session, the Governor shall appoint an eligible person from the same political party as the predecessor substitute member to fill the vacancy. That individual shall serve until the earlier of: (i) the adjournment of the next session of the General Assembly; or (ii) the appointment of another individual to fill the same vacancy. (j) A board shall meet within 20 days after the beginning of the term to elect one of its regular members as president.

Md. Code, Election Law § 2-202

(a) Except for the City of Baltimore, the provisions of this section do not apply to a municipal corporation in the State in which the municipal or charter elections are regulated by the public local laws of the State or the charter of the municipal corporation. (b) Each local board, in accordance with the provisions of this article and regulations adopted by the State Board, shall: (1) oversee the conduct of all elections held in its county and ensure that the elections process is conducted in an open, convenient, and impartial manner; (2) in accordance with the State Personnel and Pensions Article, or its county merit system, whichever is applicable, appoint an election director to manage the operations and supervise the staff of the local board; (3) confer with the State Administrator in appointing an election director under item (2) of this subsection; (4) maintain an office and warehouse and be open for business as provided in this article, and, subject to § 9–106 of this article, provide the supplies and equipment necessary for the proper and efficient conduct of voter registration and election, including: (i) supplies and equipment required by the State Board; and (ii) office, early voting center, and polling place equipment expenses; (5) adopt any regulation it considers necessary to perform its duties under this article, which regulation shall become effective when it is filed with and approved by the State Board; (6) serve as the local board of canvassers and certify the results of each election conducted by the local board; (7) establish and alter the boundaries and number of precincts in accordance with § 2–303 of this title, and provide a suitable polling place for each precinct, and assign voters to precincts; (8) provide to the general public timely information and notice, by publication or mail, concerning voter registration and elections; (9) make determinations and hear and decide challenges and appeals as provided by law; (10) (i) aid in the prosecution of an offense under this article; and (ii) when the board finds there is probable cause to believe an offense has been committed, refer the matter to the appropriate prosecutorial authority; (11) maintain and dispose of its records in accordance with the plan adopted by the State Board under § 2–106 of this title; and (12) administer voter registration and absentee voting for nursing homes and assisted living facilities in accordance with procedures established by the State Administrator, subject to the approval of the State Board. (c) Subsection (b)(3) of this section may not be construed to affect the exclusive authority of a local board to appoint an election director under subsection (b)(2) of this section. (d) In Garrett County, following each decennial census of the United States, the local board shall: (1) evaluate the population of the county commissioner districts to determine whether the districts are of substantially equal population; and (2) recommend to the Garrett County Delegation to the General Assembly any adjustments of the boundaries of those districts that are necessary to maintain districts of substantially equal population. (e) In Montgomery County, the local board shall require an affirmative vote of not fewer than three duly confirmed regular members of the local board, at least one of whom shall be a member of the principal minority party, to appoint an election director.

Md. Code, Election Law § 2-203

Each county shall appropriate the funds essential for the operations of its local board to enable the local board to pay the reasonable expenses incurred by the local board to exercise the powers and perform the duties prescribed for it by law, including: (1) personnel expenses, such as compensation, workers’ compensation, and unemployment insurance; (2) subject to § 9–106 of this article, polling place operation expenses; and (3) subject to § 9–106 of this article, supplies and equipment required under § 2–202(b)(4) of this subtitle.

Md. Code, Election Law § 2-204

(a) Each regular member of a local board shall receive the salary and reimbursement of expenses provided in the county budget, but in no event may the annual compensation be less than the following amounts: (1) in Allegany County, the amount set by the County Commissioners under Title 28, Subtitle 1 of the Local Government Article; (2) in Anne Arundel County, $5,000 for the president and $4,500 for other regular members; (3) in Baltimore City, $11,000 for the president and $10,000 for other regular members; (4) in Baltimore County, $4,000 for the president and $3,000 for other regular members; (5) in Calvert County, $3,000 and reimbursement for expenses in the performance of their duties; (6) in Caroline County, $3,250 for the president, $3,000 for other regular members, and reimbursement for expenses incurred in the performance of election duties in accordance with the Standard State Travel Regulations; (7) in Carroll County, $3,000; (8) in Cecil County, $1,250 for the president, $1,000 for other regular members, and reimbursement for actual expenses incurred in the performance of election activities which occur outside the county; (9) in Charles County, $800; (10) in Dorchester County, $3,000 and expenses as authorized by the County Commissioners; (11) in Frederick County, $5,500 for the president and $5,000 for other regular members; (12) in Garrett County, the amount set by the County Commissioners under Chapter 91 of the Public Local Laws of Garrett County; (13) in Harford County, $2,000 for the president and $1,700 for other regular members; (14) in Howard County, $2,800 for the president and $2,000 for other regular members; (15) in Kent County, $1,500 for the president and $1,500 for other regular members; (16) in Montgomery County, $5,000 for the president and $4,500 for other regular members; (17) in Prince George’s County, $5,000 for the president and $4,500 for other regular members; (18) in Queen Anne’s County, $1,500 for the president and $1,200 for other regular members; (19) in St. Mary’s County, $3,000; (20) in Somerset County, $1,000; (21) in Talbot County, $600; (22) in Washington County, the amount set by the County Commissioners; (23) in Wicomico County, $2,400 for the president and $1,800 for other regular members; and (24) in Worcester County, $1,500 for the president and $1,200 for other regular members. (b) (1) Consistent with paragraph (2) of this subsection, each substitute member shall be compensated for each day of service as provided in the county budget. (2) A substitute member shall be compensated at a rate of at least $25 for each meeting of the local board that the substitute member attends.

Md. Code, Election Law § 2-205

(a) Each local board may appoint or retain as counsel an individual who is: (1) a registered voter of its county; and (2) admitted to practice law in the State. (b) (1) Except as provided in paragraph (2) of this subsection, the salary of counsel shall be set by the local board in accordance with the county budget. (2) (i) In Anne Arundel County, the counsel may not be compensated less than the salary of a local board member. (ii) In Baltimore County, the counsel may not be compensated less than $2,000 annually. (iii) In Montgomery County, the counsel shall receive an annual salary of $2,000. (iv) In Prince George’s County, the counsel shall receive an annual salary of $4,500. (v) In Worcester County, the counsel shall receive an annual salary as provided in the county budget, but not less than $800. (c) In accordance with the county budget and in addition to the compensation specified in subsection (b) of this section, each local board may provide counsel with appropriate additional compensation for services that the local board determines are necessary.

Md. Code, Election Law § 2-206

Subject to the requirements of this article, regulations adopted by the State Board and the policies and guidance of the State Board and the local board, the election director shall: (1) appoint the employees of the local board; (2) train election judges; (3) give notice of elections; (4) upon the request of an elderly or disabled voter whose polling place is not structurally barrier free, provide an alternate polling place to the voter; (5) issue voter notification cards; (6) receive certificates of candidacy; (7) verify petitions; (8) in consultation with the local board, conduct the canvass of an election; (9) subject to § 9–306 of this article, process and reject absentee ballot applications; (10) manage the storage, security, maintenance, and preparation of voting system equipment; (11) within 24 hours, notify the State Administrator and local board in writing of: (i) a security violation or significant attempted security violation, as those terms are defined in § 2–108 of this title, that impedes the proper and efficient operation of the local board; and (ii) damage to the office, warehouse, voting system equipment, or other materials used to conduct an election; (12) ensure the equipment used by the employees of the local board meets cybersecurity requirements; and (13) perform duties as delegated by the local board.

Md. Code, Election Law § 2-207

(a) (1) This section applies to each employee of a local board. (2) This section does not apply to: (i) local board counsel; or (ii) an election judge. (b) This section does not alter in any manner the method by which the salary of an employee of a local board is funded by the county in which the employee is employed. (c) (1) Except as provided in subsection (f) of this section, if the employees of a local board are covered by its county merit system: (i) the employees shall be classified employees under the county merit system; and (ii) the employees may be appointed and removed subject to the personnel regulations of the county in which the local board is located. (2) If the employees of a local board are not covered by its county merit system: (i) the employees shall be in the skilled service or professional service of the State Personnel Management System; (ii) appointment and removal of the employees shall be in accordance with the provisions of the State Personnel and Pensions Article that govern skilled service or professional service employees; and (iii) notwithstanding § 4-201 of the State Personnel and Pensions Article, upon recommendation of the State Administrator, the State Board shall determine the fixed rate of compensation of the employees. (d) Each classified employee shall be a registered voter of the State. (e) An employee of a local board is subject to the restrictions and requirements of § 2–301 of this title. (f) The election director in Prince George’s County shall be in the exempt service under the Prince George’s County Personnel System.

Md. Code, Election Law § 2-208

(a) Each local board shall make publicly available on its website each open meeting agenda, together with a summary of any finalized documents, written testimony from the public, and other materials that the local board will vote on at the open meeting: (1) at least 48 hours in advance of each meeting; or (2) if the meeting is being held due to an emergency, a natural disaster, or any other unanticipated situation, as far in advance of the meeting as practicable. (b) (1) Except as provided in paragraph (2) of this subsection, each local board shall provide live video streaming of each open meeting held by the local board. (2) The live streaming video requirement under paragraph (1) of this subsection does not apply with respect to: (i) an open meeting held off–site; (ii) a project site visit; or (iii) an inspection conducted by the local board. (c) Each local board shall maintain a complete and unedited archived video recording of each open meeting for which live video streaming was provided under subsection (b) of this section for a minimum of 5 years after the date of the meeting.

Md. Code, Election Law § 2-301

(a) This section applies to: (1) a member of the State Board; (2) a regular or substitute member of a local board; (3) the State Administrator; (4) an employee of the State Board or of a local board, including the election director of a board; (5) counsel appointed under § 2–205 of this title; and (6) an election judge. (b) (1) An individual subject to this section may not, while holding the position: (i) hold or be a candidate for any elective public or political party office or any other office created under the Constitution or laws of this State; (ii) use the individual’s official authority for the purpose of influencing or affecting the result of an election; or (iii) except as provided in paragraph (2) of this subsection, as to any candidate or any matter that is subject to an election under this article: 1. be a campaign manager; 2. be a treasurer or subtreasurer for a campaign finance entity; or 3. take any other active part in political management or a political campaign. (2) Notwithstanding paragraph (1)(iii) of this subsection, an election judge may engage in the activities of a political campaign, except: (i) while performing official duties on election day; and (ii) by serving as a campaign manager for a candidate or as the treasurer for a campaign finance entity.

Md. Code, Election Law § 2-302

(a) (1) The State Board shall be open for business during regular business hours on each State government workday. (2) The State Board shall remain open until 9 p.m. on the last day for the filing of a certificate of candidacy for each election conducted under this article. (b) (1) Each local board shall be open for business: (i) on each day that is a county government workday in its county; (ii) on each election day; and (iii) until 9 p.m. on the last day for the filing of a certificate of candidacy for an election conducted in the county, if a certificate can be filed with the local board. (2) The members of each local board shall be available as needed on an election day and during the canvass of each election. (3) The hours that a local board is open for business: (i) may be the same as the regular business hours of its county government; or (ii) for the convenience of the public, may be different from the regular business hours of its county government, except that the number of business hours the office is open each business day must be at least equivalent to the number of business hours that the county government is open.

Md. Code, Election Law § 2-303

(a) (1) Subject to paragraphs (2) and (3) of this subsection and § 2–303.1 of this subtitle, as it deems it expedient for the convenience of voters, a local board may: (i) create and alter the boundaries for precincts in the county; (ii) designate the location for polling places in any election district, ward, or precinct in the county; and (iii) combine or abolish precincts. (2) (i) Except as provided under subparagraph (iii) of this paragraph, a local board shall establish a separate precinct on campus or within one–half mile of the campus to specifically serve a public or private institution of higher education if the local board determines that at least 500 students, faculty, and staff who attend or work at the institution are registered voters in the precinct in which the institution is located. (ii) If, in accordance with subparagraph (i) of this paragraph, a polling place is established at an institution of higher education that receives State funds, that institution shall: 1. provide without charge to the local board a facility for use as a polling place that meets all applicable requirements under this article and as established by the State Board; and 2. provide assistance to the local board in recruiting election judges to staff the polling place. (iii) A local board may not be required to establish a separate precinct as provided under subparagraph (i) of this paragraph if there is an established precinct within one–half mile of the public or private institution of higher education’s campus that serves the voters who attend or work at the public or private institution of higher education. (3) When a local board is establishing precinct boundaries and designating the location of polling places, the local board shall contact and obtain input from large residential institutional communities including institutions of higher education, continuing care retirement communities, senior communities, and military installations. (b) Except as provided in subsection (e) of this section, a local board may not create or change a precinct boundary or polling place during the period beginning the Tuesday that is 13 weeks prior to a primary election, through the day of the general election. (c) Any precinct boundary established by a local board subsequent to July 1, 1987 shall follow visible features as defined by the Bureau of the Census, United States Department of Commerce. (d) (1) Within 5 days of creating a new precinct or changing a precinct boundary, a local board shall send to the State Administrator a written description of the new boundary and a map of the area involved. (2) On receipt of the description and map relating to a precinct boundary described in paragraph (1) of this subsection, the State Administrator shall immediately send the information electronically to the Secretary of Planning. (e) (1) Unless the action is approved in advance by the State Administrator, during the period January 1, in the second year preceding the decennial census, through the effective date of any redistricting based on the census, a local board may not create a new precinct or change a precinct boundary. (2) Upon receipt of the description and map relating to a precinct boundary established during the period described in paragraph (1) of this subsection, the State Administrator shall immediately send the information electronically to the Secretary of the Department of Planning and the Executive Director of the Department of Legislative Services. (f) Notwithstanding any restrictions imposed by subsections (a) through (e) or (g) of this section, but subject to § 2–303.1 of this subtitle and the approval of the State Board, a local board may create a new precinct or change a precinct boundary or polling place if the local board determines that an emergency exists. (g) (1) The regulations adopted by the State Board shall include procedures for the creation of new precincts and changes to precinct boundaries or polling places. (2) A local board may create a new precinct or make a change in a precinct boundary or polling place only in accordance with regulations adopted by the State Board.

Md. Code, Election Law § 2-303.1

§2–303.1. (a) At least 7 months before each statewide primary election, each local board shall submit an election plan to the State Board for approval. (b) An election plan shall include: (1) a polling place plan that meets the requirements of subsection (c) of this section; (2) a ballot drop box plan developed in accordance with § 2–304 of this subtitle; (3) an early voting center plan that meets the requirements of subsection (d) of this section; and (4) an analysis of how to maximize voter participation in the county and each precinct. (c) (1) A polling place plan shall include: (i) evidence that the plan complies with § 10–101(a)(2) of this article; and (ii) the information specified in paragraph (2) of this subsection if: 1. in the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the immediately preceding general election; or 2. in any statewide election other than the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the first statewide general election held after the most recent statewide redistricting based on the census. (2) If required under paragraph (1)(ii) of this subsection, a polling place plan shall include: (i) the address and a description of the location of each affected polling place; (ii) an analysis of available suitable buildings within the precinct boundary, including the availability of parking and a determination regarding building compliance with the federal Americans with Disabilities Act; (iii) of the voters who cast ballots in each affected precinct in the three most recent statewide elections: 1. the percentage who voted in person on election day; 2. the percentage who voted by mail; 3. the number who registered to vote on election day; and 4. the number who voted at an early voting center; (iv) the proximity of the proposed polling place to a dense concentration of voters in the affected precinct; (v) the change in the number of registered voters in the affected precinct from the last statewide election; (vi) the public transportation options that voters in each affected precinct could use to access the polling place that would serve the precinct under the plan; and (vii) an analysis of the impact on the ability of historically disenfranchised communities to cast a ballot, including demographic information of the voters in the affected precinct. (d) An early voting center plan shall use the following factors when determining the location of an early voting center in the county: (1) accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups; (2) proximity of the early voting center to dense concentrations of voters; (3) accessibility of the early voting center by public transportation; (4) for counties with four or more early voting centers, ensuring equitable geographic distribution of early voting centers throughout the county; and (5) the use of community centers and public gathering places. (e) (1) The requirements of this subsection do not apply if a local board is creating a new precinct or changing a precinct boundary or polling place under § 2–303(f) of this subtitle during the period beginning 21 days before election day through election day. (2) Each local board shall: (i) maintain a contact list of individuals and organizations who wish to be notified about local board meetings at which an election plan or any proposed changes to the locations of polling places will be discussed; and (ii) include information about the purpose of the contact list and how to register for the list in a conspicuous location on the local board’s website. (3) A local board may not vote to adopt an election plan or change the location of a polling place unless the local board first: (i) holds a meeting to discuss and vote on the proposed election plan or change in the location of a polling place; and (ii) provides an opportunity for interested individuals and organizations to provide written or oral testimony at the meeting on the proposed election plan or change in the location of a polling place. (4) At least 14 days before the meeting required under paragraph (3)(i) of this subsection, the local board shall: (i) post the proposed election plan or a written description of the proposed change in the location of a polling place on the local board’s website; and (ii) provide written notice of the meeting to: 1. each individual and organization on the contact list maintained in accordance with paragraph (2)(i) of this subsection; 2. if an election plan will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent all or any portion of the county; or 3. if a change in the location of a polling place will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent the precinct containing either the current polling place location or the proposed polling place location. (5) If required under paragraph (4)(ii)2 or 3 of this subsection, the local board shall provide notice of the meeting to: (i) the mayor; (ii) the county executive; (iii) each county commissioner; (iv) each county council member; (v) each municipal council member; and (vi) each member of the General Assembly. (f) The local board shall submit to the State Board with the local board’s election plan any written testimony and a summary of any oral testimony on the election plan provided by the public at the meeting at which the local board discussed and voted on the election plan. (g) (1) The State Board shall vote on the election plan submitted by each local board. (2) The State Board shall approve an election plan of a local board if the election plan: (i) complies with the requirements of this section and § 10–101(a)(2) of this article; (ii) has been reviewed by the State Administrator; and (iii) will not negatively affect access to voting for historically disenfranchised communities. (h) If the State Board votes on an election plan and does not approve the election plan under subsection (g) of this section, the local board shall submit a revised election plan to the State Board within 15 days after the date on which the State Board voted on the previous plan.

Md. Code, Election Law § 2-304

(a) (1) Each local board shall develop a ballot drop box plan that includes the proposed location of each ballot drop box in the county. (2) A local board shall use the following factors when determining the location of a ballot drop box: (i) the accessibility of the ballot drop box to historically disenfranchised communities, including voters with disabilities, cultural groups, ethnic groups, and minority groups; (ii) proximity of the ballot drop box to dense concentrations of voters; (iii) accessibility of the ballot drop box by public transportation; and (iv) equitable geographic distribution of ballot drop boxes throughout the county. (b) Subject to subsection (c) of this section, a local board shall designate locations in the county at which a ballot drop box will be placed in accordance with the factors set forth in subsection (a) of this section. (c) (1) Each local board shall submit the ballot drop box plan with the proposed locations in the county for each ballot drop box to the State Administrator for review. (2) If a proposed ballot drop box plan does not meet the factors listed in subsection (a) of this section, before the local board’s election plan is submitted to the State Board for approval under § 2–303.1 of this subtitle, the State Administrator shall: (i) request that the local board reconsider the proposed location for one or more ballot drop boxes; and (ii) provide to the local board a detailed explanation of why the proposed location does not meet the factors. (3) If the State Administrator finds that the proposed ballot drop box locations submitted to the State Administrator after reconsideration by the local board under paragraph (2) of this subsection do not meet the factors, the State Administrator may add ballot drop box locations in the county.

Md. Code, Election Law § 2-305

(a) (1) A local board shall ensure the security of ballot drop boxes, including through the use of the following: (i) monitoring by security cameras at all times; and (ii) periodic in–person visits by appropriate personnel. (2) A local board shall have immediate access or access within a reasonable amount of time to a security camera used for monitoring a ballot drop box under paragraph (1)(i) of this subsection. (b) (1) Except as otherwise provided in law, a local board shall remove the election–related materials from each ballot drop box at least once each day that the ballot drop box is open in accordance with the chain of custody procedures established in accordance with paragraph (2) of this subsection. (2) The State Board shall establish chain of custody procedures governing removal of election–related materials from ballot drop boxes and the return of the materials to the local board.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026