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Statutes Text

Article - Election Law




§2–303.1.

    (a)    At least 7 months before each statewide primary election, each local board shall submit an election plan to the State Board for approval.

    (b)    An election plan shall include:

        (1)    a polling place plan that meets the requirements of subsection (c) of this section;

        (2)    a ballot drop box plan developed in accordance with § 2–304 of this subtitle;

        (3)    an early voting center plan that meets the requirements of subsection (d) of this section; and

        (4)    an analysis of how to maximize voter participation in the county and each precinct.

    (c)    (1)    A polling place plan shall include:

            (i)    evidence that the plan complies with § 10–101(a)(2) of this article; and

            (ii)    the information specified in paragraph (2) of this subsection if:

                1.    in the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the immediately preceding general election; or

                2.    in any statewide election other than the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the first statewide general election held after the most recent statewide redistricting based on the census.

        (2)    If required under paragraph (1)(ii) of this subsection, a polling place plan shall include:

            (i)    the address and a description of the location of each affected polling place;

            (ii)    an analysis of available suitable buildings within the precinct boundary, including the availability of parking and a determination regarding building compliance with the federal Americans with Disabilities Act;

            (iii)    of the voters who cast ballots in each affected precinct in the three most recent statewide elections:

                1.    the percentage who voted in person on election day;

                2.    the percentage who voted by mail;

                3.    the number who registered to vote on election day; and

                4.    the number who voted at an early voting center;

            (iv)    the proximity of the proposed polling place to a dense concentration of voters in the affected precinct;

            (v)    the change in the number of registered voters in the affected precinct from the last statewide election;

            (vi)    the public transportation options that voters in each affected precinct could use to access the polling place that would serve the precinct under the plan; and

            (vii)    an analysis of the impact on the ability of historically disenfranchised communities to cast a ballot, including demographic information of the voters in the affected precinct.

    (d)    An early voting center plan shall use the following factors when determining the location of an early voting center in the county:

        (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;

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

        (4)    for counties with four or more early voting centers, ensuring equitable geographic distribution of early voting centers throughout the county; and

        (5)    the use of community centers and public gathering places.

    (e)    (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 § 2–303(f) of this subtitle 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 an election plan or any proposed changes to the locations of polling places will be discussed; and

            (ii)    include information about the purpose of the contact list and how to register for the list in a conspicuous location on the local board’s website.

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

            (i)    holds a meeting to discuss and vote on the proposed election plan or change in the location of a polling place; and

            (ii)    provides an opportunity for interested individuals and organizations to provide written or oral testimony at the meeting on the proposed election plan or change in the location of a polling place.

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

            (i)    post the proposed election plan or a written description of the proposed change in the location of a polling place on the local board’s website; and

            (ii)    provide written notice of the meeting to:

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

                2.    if an election plan will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent all or any portion of the county; or

                3.    if a change in the location of a polling place will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent the precinct containing either the current polling place location or the proposed polling place location.

        (5)    If required under paragraph (4)(ii)2 or 3 of this subsection, the local board shall provide notice of the meeting to:

            (i)    the mayor;

            (ii)    the county executive;

            (iii)    each county commissioner;

            (iv)    each county council member;

            (v)    each municipal council member; and

            (vi)    each member of the General Assembly.

    (f)    The local board shall submit to the State Board with the local board’s election plan any written testimony and a summary of any oral testimony on the election plan provided by the public at the meeting at which the local board discussed and voted on the election plan.

    (g)    (1)    The State Board shall vote on the election plan submitted by each local board.

        (2)    The State Board shall approve an election plan of a local board if the election plan:

            (i)    complies with the requirements of this section and § 10–101(a)(2) of this article;

            (ii)    has been reviewed by the State Administrator; and

            (iii)    will not negatively affect access to voting for historically disenfranchised communities.

    (h)    If the State Board votes on an election plan and does not approve the election plan under subsection (g) of this section, the local board shall submit a revised election plan to the State Board within 15 days after the date on which the State Board voted on the previous plan.



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