1. A. Board to Develop Retention Plan.

   1. (1) The local board shall develop a written plan for retaining and storing the following materials after an election:

      1. (a) Memory devices;
      2. (b) Voted and unvoted ballots;
      3. (c) Voting system reports; and
      4. (d) Other data processing materials related to the election.

   2. (2) The plan shall be:

      1. (a) Consistent with the Election Records Management Program established under COMAR 33.03.01; and
      2. (b) Approved by the State Administrator.

2. B. Reassembly and Storage. After the votes have been tabulated, the local board shall:

   1. (1) Reassemble, package and label all materials described in §A of this regulation; and
   2. (2) Place them in a secure location, designated by the local board, until the period for challenging the election expires and for any additional period required by law or regulation.
3. C. Release for Recount or Verification. During the storage of election-related materials, the State Administrator or the local board may order the release of these materials for a recount or for election verification, after which the materials shall be returned to secure storage.

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-102, 9-105, and 11-201, and Title 9, Subtitle 2, Annotated Code of Maryland

Effective date:

Regulations .01—.07 and Regulations .09—.29 adopted effective April 11, 2016 (43:7 Md. R. 452)

Regulation .17F amended effective February 10, 2020 (47:3 Md. R. 173)

Regulation .18 amended effective July 10, 2023 (50:13 Md. R. 514)

Regulation .30 adopted effective September 29, 2025 (52:19 Md. R. 957)