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Statutes Text

Article - Election Law




§2–303.

    (a)    (1)    Subject to paragraphs (2) and (3) of this subsection and § 2–303.1 of this subtitle, as it deems it expedient for the convenience of voters, a local board may:

            (i)    create and alter the boundaries for precincts in the county;

            (ii)    designate the location for polling places in any election district, ward, or precinct in the county; and

            (iii)    combine or abolish precincts.

        (2)    (i)    Except as provided under subparagraph (iii) of this paragraph, a local board shall establish a separate precinct on campus or within one–half mile of the campus to specifically serve a public or private institution of higher education if the local board determines that at least 500 students, faculty, and staff who attend or work at the institution are registered voters in the precinct in which the institution is located.

            (ii)    If, in accordance with subparagraph (i) of this paragraph, a polling place is established at an institution of higher education that receives State funds, that institution shall:

                1.    provide without charge to the local board a facility for use as a polling place that meets all applicable requirements under this article and as established by the State Board; and

                2.    provide assistance to the local board in recruiting election judges to staff the polling place.

            (iii)    A local board may not be required to establish a separate precinct as provided under subparagraph (i) of this paragraph if there is an established precinct within one–half mile of the public or private institution of higher education’s campus that serves the voters who attend or work at the public or private institution of higher education.

        (3)    When a local board is establishing precinct boundaries and designating the location of polling places, the local board shall contact and obtain input from large residential institutional communities including institutions of higher education, continuing care retirement communities, senior communities, and military installations.

    (b)    Except as provided in subsection (e) of this section, a local board may not create or change a precinct boundary or polling place during the period beginning the Tuesday that is 13 weeks prior to a primary election, through the day of the general election.

    (c)    Any precinct boundary established by a local board subsequent to July 1, 1987 shall follow visible features as defined by the Bureau of the Census, United States Department of Commerce.

    (d)    Within 5 days of creating a new precinct or changing a precinct boundary, a local board shall send to the State Administrator a written description of the new boundary and a map of the area involved.

    (e)    (1)    Unless the action is approved in advance by the State Administrator, during the period January 1, in the second year preceding the decennial census, through the effective date of any redistricting based on the census, a local board may not create a new precinct or change a precinct boundary.

        (2)    Upon receipt of the description and map relating to a precinct boundary established during the period described in paragraph (1) of this subsection, the State Administrator shall immediately send the information electronically to the Secretary of the Department of Planning and the Executive Director of the Department of Legislative Services.

    (f)    Notwithstanding any restrictions imposed by subsections (a) through (e) or (g) of this section, but subject to § 2–303.1 of this subtitle and the approval of the State Board, a local board may create a new precinct or change a precinct boundary or polling place if the local board determines that an emergency exists.

    (g)    (1)    The regulations adopted by the State Board shall include procedures for the creation of new precincts and changes to precinct boundaries or polling places.

        (2)    A local board may create a new precinct or make a change in a precinct boundary or polling place only in accordance with regulations adopted by the State Board.

    (h)    (1)    The requirements of this subsection do not apply if a local board is creating a new precinct or changing a precinct boundary or polling place under subsection (f) of this section during the period beginning 21 days before election day through election day.

        (2)    Each local board shall:

            (i)    maintain a contact list of individuals and organizations who wish to be notified about local board meetings at which proposed changes to the locations of polling places will be discussed; and

            (ii)    enable individuals and organizations to register for the contact list maintained in accordance with item (i) of this paragraph.

        (3)    A local board may not vote to change the location of a polling place unless the local board first:

            (i)    holds a meeting to discuss the proposed change; and

            (ii)    provides an opportunity for interested individuals and organizations to testify on the proposed change at the meeting.

        (4)    At least 14 days before the meeting required under paragraph (3)(i) of this subsection, the local board shall provide written notice of the meeting to:

            (i)    each individual and organization on the contact list maintained in accordance with paragraph (2)(i) of this subsection; and

            (ii)    the following elected officials if the official is elected by eligible voters residing in the precinct containing either the current polling place location or the proposed polling place location:

                1.    the mayor;

                2.    the county executive;

                3.    each county commissioner;

                4.    each county council member;

                5.    each municipal council member; and

                6.    each member of the Maryland General Assembly.



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