1. A. In General. An accredited challenger or watcher may perform the activities defined in Election Law Article, §10-311(b), Annotated Code of Maryland.

2. B. Before Voting.

   1. (1) Except as provided in §B(2) of this regulation, before voting begins on election day, an accredited challenger or watcher may observe the election judges setting up the voting room, including:

      1. (a) Observing the election judges print voting system reports and review these reports;
      2. (b) Verifying the number of voters who have been checked-in and the number of votes that have been cast; and
      3. (c) Verifying that required security seals have been applied on the voting system.
   2. (2) An election judge shall not permit an accredited challenger or watcher entry to the polling place during the 30 minutes immediately before the opening of the polls.

3. C. During Voting Hours.

   1. (1)

      1. (a) The Chief Judges shall determine the location of accredited challengers or watchers in the voting room.

      2. (b) When determining the location of the accredited challengers and watchers in the voting room, the Chief Judges shall ensure:

         1. (i) The accredited challenger or watcher may see and hear each person as the person offers to vote; and
         2. (ii) The efficient management of the voting room.
      3. (c) The Chief Judges are not required to locate the accredited challengers and watchers directly behind the check-in table or in a position where they can directly view the electronic pollbook.

   2. (2) During voting hours, an accredited challenger or watcher shall, accompanied by a Chief Judge and at a convenient time for the election judges:

      1. (a) Verify the security seals on voting units to which voters have not been assigned; and
      2. (b) Verify the number of voters who have been checked in to vote.

4. D. After Voting.

   1. (1) To observe the post-voting hours procedures, an accredited challenger or watcher shall be in the polling place before voting hours end.

   2. (2) During this time, an accredited challenger or watcher may:

      1. (a) Observe the election judges print voting system reports and review these reports;
      2. (b) Verify that required security seals have been applied on the voting system; and
      3. (c) Observe the transmission by modem of election results if the local board has instructed the Chief Judges to perform this task.

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 10-303, and 10-311, Annotated Code of Maryland

Effective date:

Regulations .01—.04 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)

Chapter recodified from COMAR 33.07.06, Regulation .04 repealed, and new Regulation .04 adopted effective November 24, 2003 (30:23 Md. R. 1655)

Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 623)

Regulation .03A amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); amended permanently effective August 14, 2006 (33:16 Md. R. 1366)

Regulation .03B amended as an emergency provision effective January 2, 2004 (30:24 Md. R. 1737); amended permanently effective March 1, 2004 (31:4 Md. R. 319); amended effective April 19, 2010 (37:8 Md. R. 623)

Regulation .04 repealed as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); repealed permanently effective August 14, 2006 (33:16 Md. R. 1366)

Chapter, Challenging Voters, recodified from COMAR 33.07.07 to 33.07.08 effective March 19, 2012 (39:5 Md. R. 384)

Regulations .01—.04 under new chapter, Challengers or Watchers adopted effective March 19, 2012 (39:5 Md. R. 384)

Regulation .01C amended effective July 23, 2012 (39:14 Md. R. 839)

Regulation .01D amended effective April 15, 2024 (51:7 Md. R. 334)

Regulation .02C amended effective July 23, 2012 (39:14 Md. R. 839)