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Statutes Text

Article - Election Law




§11–301.

    (a)    A board of canvassers shall:

        (1)    convene at the designated counting center for that county on or before the day of the election, but not later than 5 p.m. on that day, and be sworn in; and

        (2)    meet only in public session.

    (a–1)    (1)    Subject to paragraph (3) of this subsection, a board of canvassers and the staff of a local board may be observed as they complete each part of the canvass by authorized observers designated under paragraph (2) of this subsection and any other individuals who wish to be present.

        (2)    The following individuals or entities have the right to designate a registered voter as an observer at each counting center:

            (i)    a candidate;

            (ii)    a political party; and

            (iii)    any other group of voters supporting or opposing a candidate, principle, or proposition on the ballot.

        (3)    The State Board may adopt regulations prohibiting public observation of a part of the canvass only if prohibiting public observation is necessary to ensure:

            (i)    the integrity or accuracy of the canvass; or

            (ii)    that the canvass process is not impeded.

        (4)    The State Board shall ensure that the requirements of this subsection are implemented uniformly and consistently by each local board.

    (b)    Each board of canvassers shall elect by majority vote a chairman and secretary from among its members.

    (c)    Each member of the board of canvassers shall take an oath, administered and recorded by the clerk of the circuit court, to canvass and declare the votes cast truthfully and to perform other duties required by law.

    (d)    (1)    At the first meeting of the board of canvassers for the purpose of canvassing, a majority of the whole board of canvassers shall be a quorum.

        (2)    If a quorum is not present, the members present shall adjourn until the next day.

    (e)    Except as otherwise provided in this article, all decisions shall be reached by a majority vote of the members present.

    (f)    In Montgomery County and Prince George’s County, if a member is not present at the scheduled time for vote canvassing, a substitute member of the board of canvassers may be sworn in.

    (g)    At least one member of the board of canvassers present shall be a registered voter of the principal minority party.

    (h)    Once the board has satisfied the requirements of subsections (a) through (g) of this section, it may proceed with the canvass in accordance with the regulations of the State Board.



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