Md. Code Regs. 14.30.10.18

Current through Register Vol. 51, No. 12, June 14, 2024

Section 14.30.10.18 - Conduct of Elections

A. The anonymity of ballots shall be maintained to the greatest extent possible.

B. On-Site Elections.

(1) Voting shall be scheduled during workdays whenever possible and polling places and voting times shall permit reasonable access by voters. Public employers shall grant reasonable release time to employees so that the employees can vote during their workday or shift.

(2) The Executive Director shall oversee the election. At the discretion of the Executive Director, the election may be overseen by an election judge who shall be a board member or other designated individual who is selected based upon qualifications and integrity.

(3) The Executive Director or election judge shall be solely responsible for:

(a) The conduct of the election;

(b) The regulation of the polling site and immediate environs, including the designation of the boundaries of the polling areas;

(c) The maintenance of voting materials, including ballots;

(d) The counting of ballots and recording of the results; and

(e) The certification of the accuracy of the ballot count.

(4) There shall be no electioneering of any kind within the marked and designated polling areas. In addition, no voter shall be subjected to intimidation, duress, or coercion during an election. The Board may set aside an election outcome favorable to a party who substantially and

(5) If there is more than one polling place, the Executive Director or election judge shall sequester ballots from each location until counted. Sequestered ballots shall be sealed in an envelope or other appropriate container and delivered to the counting location.

(6) Election Observers. Each employee organization participating in an on-site election may be represented by one observer who has no supervisory power over employees who are voting per bargaining unit, at each polling place, to observe:

(a) The voting activities; and

(b) The counting of the ballots and the certification of the accuracy of the ballot count.

(7) The public employer may designate one observer who is not a supervisor of any of the employees who are eligible to vote in the election, per bargaining unit, at each polling place, to observe:

(a) The voting activities; and

(b) The counting of the ballots and the certification of the accuracy of the ballot count.

(8) The participating unions and the public employer shall provide the Executive Director, at least 3 days before the start of the election, with the names of their designated observers and no more than two alternate observers for each one, unless otherwise agreed to by the parties and the Executive Director, who may observe in place of, but not in addition to, a designated observer.

(9) The final certification of the accuracy of the ballot count shall be by the Executive Director.

C. Mail Ballot Elections.

(1) On the scheduled date for mailing ballots, the Executive Director shall mail to each eligible voter:

(a) An official ballot;

(b) A "Secret Ballot Envelope";

(c) A "Mail Ballot Envelope"; and

(d) Voting instructions.

(2) The voting instructions shall instruct the voter to return the ballot to the Board in the two envelopes as follows:

(a) The voted ballot shall be placed in the smaller envelope marked "Secret Ballot Envelope", which contains the name of the bargaining unit and any additional instructions required by the Executive Director;

(b) The smaller envelope shall then be placed in the larger "Mail Ballot Envelope"; and

(c) The "Mail Ballot Envelope" is then to be mailed or delivered to the Executive Director.

(3) The "Mail Ballot Envelope" shall be:

(a) Preaddressed; and

(b) Postage prepaid.

(4) The "Mail Ballot Envelope" shall contain a space to identify:

(a) The voter by name;

(b) The employer;

(c) The bargaining unit;

(d) The voter's signature; and

(e) Other information that the Executive Director may require.

(5) A ballot shall be voided if the voter fails to provide or destroys any required identity information on the "Mail Ballot Envelope".

(6) Each "Mail Ballot Envelope" shall be authenticated against the list of eligible voters when the ballots are counted.

(7) "Secret Ballot Envelopes" shall be removed from authenticated "Mail Ballot Envelopes" and deposited in a suitable container with other "Secret Ballot Envelopes" to preserve anonymity.

(8) Each party to a mail ballot election may be represented by one representative to observe the counting of the ballots and the certification of the accuracy of the ballot count. The Executive Director shall arrange for the opportunity for this observation.

(9) After all the authenticated "Secret Ballot Envelopes" are collected, the ballots shall be removed and counted at random and recorded in the presence of election observers, if any.

(10) All challenges to mail ballots due to the identity or eligibility of the voter shall be raised before the removal of the "Secret Ballot Envelope" from the "Mail Ballot Envelope".

D. Electronic Voting.

(1) The Board shall designate the vendor who will administer the electronic voting. The parties shall split the costs of the vendor.

(2) Any challenges to a voter's eligibility to vote shall be resolved before the employee votes.

(3) After eligibility is resolved, the Board shall ensure that a list of voters is produced, and the Board shall provide that list to the vendor and all parties.

(4) Log-in credentials for voting shall be randomly assigned to each voter so that nobody other than the voter can access each log-in credential.

(5) One observer from each party may observe how credentials are prepared and watch the tabulation.

(6) The electronic voting system cannot link a voter to their vote, once cast, and nobody is permitted to attempt to use the system to make such a link.

(7) The vendor shall retain the voting system and digital records until the election is complete.

Md. Code Regs. 14.30.10.18

Regulation .18 adopted effective 51:9 Md. R. 441, eff. 5/13/2024.