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33.08.01.00.htm 33.08.01.00. Title 33 STATE BOARD OF ELECTIONS Subtitle 08 CANVASSING Chapter 01 Definitions; General Provisions Authority: Election Law Article, §2-102(b)4) 2-202(b) 11-201, and 11-301, Annotated Code of Maryland
33.08.01.01.htm 33.08.01.01. 01 Definitions.. 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.
33.08.01.02.htm 33.08.01.02. 02 Board Responsibilities.. 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 t
33.08.01.02-1.htm 33.08.01.02-1. 02-1 Board Counsel.. 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 pr
33.08.01.03.htm 33.08.01.03. 03 Substitute Board Members.. 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.
33.08.01.04.htm 33.08.01.04. 04 Closing Polls.. 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.
33.08.01.05.htm 33.08.01.05. 05 Stages of Vote Count.. 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.. C. Provisional Canvass. The canvass of provisional ballots shall be conducted as provided in:. 2) COMAR 33.16..
33.08.01.05-1.htm 33.08.01.05-1. 05-1 Notice of Canvass.. 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. 2) Posting a notice on the local board's website and in a prominent and publicly accessible location at the local board's office.
33.08.01.06.htm 33.08.01.06. 06 Working Sessions.. 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..
33.08.01.07.htm 33.08.01.07. 07 Public Attendance at Canvass.. Throughout the canvass, all sessions, deliberations, and proceedings shall be open to the public and the media.
33.08.01.07-1.htm 33.08.01.07-1. 07-1 Storage of Ballots.. The local board shall keep and store canvassed ballots based on the canvass in which they were canvassed.
33.08.01.08.htm 33.08.01.08. 08 Challenges.. 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.. B. Counsel's Presence Required. However, if the board's counsel is not present, the board shall dela
33.08.01.09.htm 33.08.01.09. 09 Voting System Verification.. A local board shall verify the voting system as provided in COMAR 33.10..
33.08.01.10.htm 33.08.01.10. 10 Report of Votes Cast.. 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. B. In a primary election:. 1) The number of ballots voted in each party’s primary; and.
33.08.01.11.htm 33.08.01.11. 11 Certification of Results.. 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:.
33.08.01.12.htm 33.08.01.12. 12 Release of Voting Systems.. 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..
33.08.01.9999.htm 33.08.01.9999. Administrative History Effective date:. Regulations .01―12 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636) adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)Regulation .01B amended effective October 29, 2012 (39:21 Md. R. 1381) August 19, 2013 (40:16 Md. R. 1346)Regulation .02B amended as an emergency provision effective May 11, 2020 (47:12 Md. R. 593) emergency provision expired July 31, 2020
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