Maryland Regulations § 33.11.01.04 Ballot Drop Boxes
Regulation Text
A.
Considerations for Ballot Drop Box Locations. A local board shall consider the following factors when determining the location of a ballot drop box:
(1)
Accessibility of the ballot drop box to historically disenfranchised communities, including voters with disabilities, cultural groups, ethnic groups, and minority groups;
(2)
Proximity of the ballot drop box to dense concentrations of voters;
(3)
Accessibility of the ballot drop box by public transportation;
(4)
Ensuring equitable distribution of ballot drop boxes throughout the county; and
(5)
Maximizing voter participation, including through the use of community centers and public gathering places.
B.
Requirements for Ballot Drop Boxes Locations.
(1)
Each ballot drop box location shall have security cameras to monitor the box at all times.
(2)
The images from each security camera shall be made available to the local board immediately or within a reasonable amount of time of a request from the State Administrator or local board.
C.
Approval Process for Ballot Drop Box Locations.
(1)
The State Administrator shall:
(a)
Prescribe a form for a local board to use to provide information about a proposed ballot drop box; and
(b)
Provide each local board with the form at least 7 months before a primary election.
(2)
The form shall:
(a)
Include questions related to whether the proposed ballot drop box meets the considerations and requirements defined in §§A and B of this regulation; and
(b)
If a proposed ballot drop box does not satisfy all of the considerations defined in §A of this regulation, allow the local board to list other locations that were considered and why they were not proposed and describe the factors that mitigate the fact that the proposed ballot drop box location does not meet the considerations defined in §A of this regulation.
(3)
At least 6 months before a primary election, the local board shall submit to the State Administrator:
(a)
A form for each proposed ballot drop box; and
(b)
Forms for all proposed ballot drop boxes at the same time.
(4)
The State Administrator shall approve a proposed location that meets the considerations defined in §A of this regulation.
(5)
If the State Administrator determines that a proposed ballot drop box location does not meet the considerations defined in §A of this regulation:
(a)
Within 2 days of making the determination, the State Administrator shall provide the local board with a detailed explanation of why the proposed location does not meet the factors;
(b)
The State Administrator shall require that the local board reconsider the proposed location for one or more ballot drop boxes and propose one or more other locations that meet the considerations defined in §A of this Regulation; and
(c)
Within 7 days of receiving the State Administrator's detailed explanation, the local board shall:
(i)
Propose one or more locations that meet the considerations defined in §A of this regulation; or
(ii)
Explain why a location that meets the considerations defined in §A of this regulation cannot be proposed and propose the location of an additional ballot drop box.
(6)
The State Administrator may add additional ballot drop box locations if the State Administrator determines that the proposed ballot box location does not meet the considerations defined in §A of this regulation.
D.
Electioneering Boundary.
(1)
The local board shall post signs delineating an area around each ballot box where a person may not electioneer. A local board is not required to delineate this area with a physical line on the ground.
(2)
Except as provided in §D(3) of this regulation, the line shall be located as near as practicable to 50 feet from the ballot box after consideration of the placement of the ballot box and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.
(3)
If the ballot box is placed within the electioneering boundary of a polling place, the line for the ballot box shall be the electioneering boundary of the polling place.
(4)
The signs shall contain the words "No Electioneering Beyond this Point."
E.
Electioneering Activities.
(1)
The following activities are not permitted within the electioneering boundary set forth in §D of this regulation:
(a)
Electioneering by individuals; or
(b)
Observing or recording voter activities by a group of affiliated individuals.
(2)
An individual observing a ballot box or recording activities within the electioneering boundary set forth in §D of this regulation is not electioneering if the person is not communicating with, questioning, or otherwise interfering with voters dropping off materials at a ballot box.
F.
Other Activities.
(1)
Except as provided in §F(2) of this regulation, an individual may not visibly possess, visibly carry, or brandish a firearm within the electioneering boundary set forth in §D of this regulation.
(2)
A law enforcement officer or security guard who is on duty or traveling to or from duty may enter the electioneering boundary set forth in §D of this regulation to drop off materials at a ballot box.
(3)
A person may observe an election official remove materials from the ballot box if the person does not interfere with the process.
History
Regulation .04 adopted effective
Explore Related Documents
This section contains links to related documents with the same tags to allow you quickly access other relevant legal materials. These links include document types and counts, enabling you to explore similar content efficiently.