Md. Code Regs. 33.17.02.02

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

Section 33.17.02.02 - Selecting Early Voting Centers

A. Considerations for Early Voting Centers. A local board shall consider the following factors when determining the location of an early voting center:

(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 such that:

(a) If a county is required by Regulation .01 of this chapter to have one or two early voting centers, 50 percent of the registered voters in the county live within 10 miles of one of the proposed early voting center; or

(b) If a county is required by Regulation .01 of this chapter to have three or more early voting centers, 80 percent of the registered voters live within 5 miles of one of the early voting centers;

(3) Accessibility of the early voting center by public transportation;

(4) Ensuring equitable distribution of early voting centers throughout the county;

(5) Maximizing voter participation, including through the use of community centers and public gathering places as locations for early voting centers;

(6) Whether the early voting center can accommodate long lines of voters, including taking into consideration how voters waiting in line are protected against inclement weather; and

(7) Whether the early voting center has parking facilities sufficient for early voting, taking into consideration the normal business activities of the proposed early voting center.

B. Requirements for Early Voting Centers. A local board shall propose early voting center locations that:

(1) Allow a local board to install the required telecommunication needs;

(2) Are of sufficient size and layout to conduct early voting, including adequate access to electricity;

(3) Are accessible or can be made accessible for voters with disabilities;

(4) Can store voting equipment and supplies in a secure location during non-early voting hours;

(5) Have sufficient and reliable heating and air-conditioning capabilities; and

(6) Can accommodate a no electioneering zone as required by Election Law Article, § 16-206, Annotated Code of Maryland, exit polling as required by COMAR 33.07.08, and electioneering outside of the no-electioneering zone.

C. Form for Proposed Early Voting Center.

(1) The State Board shall:

(a) Prescribe a form for a local board to use to provide information about a proposed early voting center; and

(b) Provide each local board with the form at least 1 year before a primary election.

(2) Form Submission for Early Voting Center.

(a) At least 7 months before a primary election, a local board shall submit a form for each proposed early voting center.

(b) If a local board is required to have more than one early voting center, the local board shall:

(i) Complete a form for each proposed early voting center; and

(ii) Submit the forms for each proposed early voting centers at the same time.

D. Contents of Form. The form shall include questions related to whether the proposed early voting center meets the considerations and requirements defined in §§A and B of this Regulation.

E. Additional Information. For each proposed early voting center, a local board shall submit with the form required in §C of this regulation:

(1) A diagram of the facility, including the proposed layout of the voting equipment and electrical and telecommunications connections in the voting area and the proposed locations of the election judges;

(2) The State of Maryland's Accessibility Survey form;

(3) Digital photographs of the outside of and entrance to the proposed early voting center; and

(4) The security plan required by Regulation .04 of this chapter.

F. Inability to Identify Proposed Early Voting Center. If the proposed early voting center does not meet all of the criteria listed on the form required in §C of this regulation, a local board shall provide on the form:

(1) A list of other facilities that were considered, and why those facilities are not being proposed as early voting centers; and

(2) A description of the factors that mitigate the fact that the proposed early voting center does not meet all of the criteria listed on the form required in §C of this regulation.

G. Use of Local Board Office. If a local board proposes to use the offices of the local board as an early voting center, the local board shall:

(1) Have a clearly marked space for early voting that is distinct and separate from absentee voting that occurs at the office; and

(2) Post signs and include in all election-specific materials the business hours of the local board and the early voting hours.

H. Approval of Early Voting Centers.

(1) Upon receipt of a form for a proposed early voting center, the State Administrator shall review and make a recommendation to the State Board as to whether to accept or reject the proposed early voting center.

(2) The State Board shall:

(a) Vote on a local board's proposed early voting center within 30 days of receipt of the form required in §C of this regulation;

(b) Give deference to a proposed early voting center for which a local board considered the factors required in §A of this regulation and the requirements of §B of this regulation; and

(c) Within 2 days after its vote on a proposed early voting center, notify the local board of this outcome of the State Board's vote.

(3) Upon approval by the State Board, a local board shall include in its disaster recovery plan the name, address, and contact information for the early voting center.

I. Alternate Early Voting Centers.

(1) A local board shall identify an alternate early voting center for use if an approved early voting center becomes unavailable.

(2) A local board shall give preference to the offices of the local board or a government facility when considering the location of an alternate early voting center.

(3) A local board shall identify:

(a) One alternate early voting center if the local board is required to establish one, two, or three early voting centers; or

(b) Two alternate early voting centers if the local board is required to establish four or more early voting centers.

(4) A local board shall:

(a) At least 3 months before a primary election, complete and submit to the State Administrator the form required by §C of this regulation for each proposed alternate early voting center; and

(b) Upon approval by the State Administrator of the alternate early voting center:

(i) Submit the form to the appropriate local government agencies; and

(ii) Include in its disaster recovery plan the name, address, and contact information for each alternate early voting center, a plan for notifying the public if the alternate center is needed, and a plan for transitioning operations to an alternate center.

Md. Code Regs. 33.17.02.02

Regulation .02G amended effective May 31, 2010 (37:11 Md. R. 768); amended effective 49:7 Md. R.469, eff. 4/4/2022; amended effective 50:13 Md. R. 514, eff. 7/10/2023