Md. Code Regs. 09.03.01.17

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.03.01.17 - Boards of Directors - Electronically Conducted Elections

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Electronically" means the use of one or more electronic devices.

(2) "Electronic device" means a device having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities and may include, but is not limited to, telephones, voice response units, computer systems, and electronic mail systems.

(3) "Electronic notice members" means members of the credit union who have opted to receive notices or statements electronically.

(4) "Electronic voting instruction sheet" means the specific instructions for the electronically conducted election procedure, including, but not limited to:

(a) How to access and use the electronic voting system;

(b) The period of time in which votes will be taken; and

(c) A description of the opt-out method.

(5) "Envelope" means a postage prepaid and preaddressed envelope conforming to Financial Institutions Article, §6-329(d)(2)(ii), Annotated Code of Maryland.

(6) "Identification form" means an identification form conforming to Financial Institutions Article, §6-329(d)(2)(iii), Annotated Code of Maryland.

(7) "Notice of ballot" means a notice that includes all information that is on the printed ballot.

(8) "Printed ballot" means a printed ballot conforming to Financial Institutions Article, §6-329(d)(2)(i), Annotated Code of Maryland.

(9) "Secretary" means the secretary of the credit union.

(10) "Tellers" means the tellers of election appointed by the board of directors pursuant to Financial Institutions Article, §6-329(e), Annotated Code of Maryland.

C. Provided that the board of directors has duly authorized electronically conducted elections, a credit union may elect its directors electronically using the following procedure.

(1) All Members. Except as provided in §C(2) of this regulation, the secretary shall mail to each member in good standing, at least 20 days before the annual meeting:

(a) Either a printed ballot and an identification form or one printed form that represents a combined printed ballot and identification form;

(b) An envelope; and

(c) An electronic voting instruction sheet.

(2) Electronic Notice Members. The secretary may electronically transmit only the notice of ballot and electronic voting instruction sheet to electronic notice members at least 20 days before the annual meeting.

(3) Optional Electronically Conducted Voting Methods.In addition to the procedures in §C(1) and (2) of this regulation, the board of directors may allow members to vote electronically in person at one or more locations of the credit union.If such voting is available, the electronic voting instruction sheet shall include the relevant details concerning this process and make clear that voting at such location or locations is optional.

D. Verification of Identity.

(1) The tellers shall verify, or cause to be verified, the identity of each voter opting to vote electronically by name, address, credit union account number and an additional verification method.

(2) The additional verification method may include:

(a) The use of a verification control number on a printed ballot, notice of ballot, or identification form;

(b) The use of an unique identifier, such as date of birth or last four digits of a Social Security Number; or

(c) Any other method that insures the integrity of the electronic voting process.

(3) The electronic voting instruction sheet shall include a description of the verification method and explain how a member uses any verifiers when voting electronically.

E. Opt-Out Methods. The electronic voting instruction sheet shall notify the members of their right to opt-out of electronic voting.

(1) Any member mailed a printed ballot may opt-out of electronic voting by returning the printed ballot in the envelope by the date specified on the electronic voting instruction sheet.

(2) Any electronic notice member may opt-out of electronic voting by requesting a printed ballot from the secretary as indicated on the electronic voting instruction sheet.Promptly upon the receipt of any such request, the secretary shall mail an envelope, printed ballot and identification form, or one printed form that represents a combined printed ballot and identification form, to the member.

F. The tellers shall test the integrity of the balloting systems at regular intervals during the election period.

G. In the event of malfunction of the electronic voting system, the board of directors may in its discretion order elections to be held by printed ballot only.The printed ballots shall be mailed to all eligible members 20 days before the annual meeting.The board of directors may make reasonable adjustments to the voting time frames or postpone the annual meeting when necessary, to complete the elections before the annual meeting.

Md. Code Regs. 09.03.01.17

Regulations .17 adopted effective August 6, 1990 (17:15 Md. R. 1855)
Regulation .17 repealed effective June 16, 1997 (24:12 Md. R. 863)
Regulation .17 adopted effective December 26, 2011 (38:26 Md. R. 1696)