1. A. Factors for Location of Early Voting Centers. A local board shall [consider] use the following factors when determining the location of an early voting center:

   1. (1) Accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups;

   2. (2) Proximity of the early voting center to dense concentrations of voters such that:

      1. (a) If a county is required by Regulation .01 of this chapter to have one or two early voting centers, 50 percent of the registered voters in the county live within 10 miles of a proposed early voting center; or
      2. (b) If a county is required by Regulation .01 of this chapter to have three or more early voting centers, 80 percent of the registered voters live within 5 miles of a proposed early voting centers;
   3. (3) Accessibility of the early voting center by public transportation;
   4. (4) If a county is required by Regulation .01 of this chapter to have four or more early voting centers, ensuring equitable geographic distribution of early voting centers throughout the county;
   5. (5) Use of community centers and public gathering places as locations for early voting centers;
   6. (6) Whether the early voting center can accommodate long lines of voters, including taking into consideration how voters waiting in line are protected against inclement weather; and
   7. (7) Whether the early voting center has parking facilities sufficient for early voting, taking into consideration the normal business activities of the proposed early voting center.

2. B. Requirements for Early Voting Centers. A local board shall propose early voting center locations that:

   1. (1) Allow a local board to install the required telecommunication needs;
   2. (2) Are of sufficient size and layout to conduct early voting, including adequate access to electricity;
   3. (3) Are accessible or can be made accessible for voters with disabilities;
   4. (4) Can store voting equipment and supplies in a secure location during non-early voting hours;
   5. (5) Have sufficient and reliable heating and air-conditioning capabilities; and
   6. (6) Can accommodate a no electioneering zone as required by Election Law Article, §16-206, Annotated Code of Maryland, exit polling as required by COMAR 33.07.08, and electioneering outside of the no-electioneering zone.

3. C. Form for Proposed Early Voting Center.

   1. (1) The State Board shall:

      1. (a) Prescribe a form for a local board to use to provide information about a proposed early voting center; and
      2. (b) Provide each local board with the form at least 9 months before a primary election.

   2. (2) Form Submission for Early Voting Center.

      1. (a) At least 7 months before a primary election, a local board shall submit a form for each proposed early voting center.

      2. (b) If a local board is required to have more than one early voting center, the local board shall:

         1. (i) Complete a form for each proposed early voting center; and
         2. (ii) Submit the forms for each proposed early voting centers at the same time.
      3. (c) A local board shall submit early voting center proposal forms together with all other information required for the election plan in COMAR 33.01.08.01.
4. D. Contents of Form. The form shall include questions related to whether the proposed early voting center meets the factors and requirements defined in §§A and B of this regulation.

5. E. Additional Information. For each proposed early voting center, a local board shall submit with the form required in §C of this regulation:

   1. (1) A diagram of the facility, including the proposed layout of the voting equipment and electrical and telecommunications connections in the voting area and the proposed locations of the election judges;
   2. (2) The State of Maryland's Accessibility Survey form;
   3. (3) Digital photographs of the outside of and entrance to the proposed early voting center; and
   4. (4) The security plan required by Regulation .04 of this chapter.

6. F. Inability to Identify Proposed Early Voting Center. If the proposed early voting center does not meet all of the criteria listed on the form required in §C of this regulation, a local board shall provide on the form:

   1. (1) A list of other facilities that were considered, and why those facilities are not being proposed as early voting centers; and
   2. (2) A description of the factors that mitigate the fact that the proposed early voting center does not meet all of the criteria listed on the form required in §C of this regulation.

7. G. Use of Local Board Office. If a local board proposes to use the offices of the local board as an early voting center, the local board shall:

   1. (1) Have a clearly marked space for early voting that is distinct and separate from absentee voting that occurs at the office; and
   2. (2) Post signs and include in all election-specific materials the business hours of the local board and the early voting hours.

8. H. Optional Early Voting Centers.

   1. (1) In addition to the early voting centers required in this subsection, each county may establish one additional early voting center if:

      1. (a) First, the local board and the governing body of the county agree to establish an additional early voting center; and
      2. (b) Then, the State Board approves the establishment of the additional early voting center.

   2. (2) In approving an additional early voting center, the governing body of the county must acknowledge the following in writing:

      1. (a) The approval of the additional center is for the next Statewide election cycle, unless the governing body specifies approval for all future elections; and
      2. (b) Once approved for the next Statewide election cycle, that approval cannot be rescinded.
   3. (3) In approving an additional early voting center, the State Board shall consider the requirements of §B of this regulation, but need not consider the factors in §A of this regulation.
9. I. Use of a Public Building. If a local board proposes to use a public building as an early voting center, the local board shall give written notice of intent to the public official with responsibility for the public building.

10. J. Alternate Early Voting Centers.

    1. (1) A local board shall identify an alternate early voting center for use if an approved early voting center becomes unavailable.
    2. (2) A local board shall give preference to the offices of the local board or a government facility when considering the location of an alternate early voting center.

    3. (3) A local board shall identify:

       1. (a) One alternate early voting center if the local board is required to establish one, two, or three early voting centers; or
       2. (b) Two alternate early voting centers if the local board is required to establish four or more early voting centers.

    4. (4) A local board shall:

       1. (a) At least 3 months before a primary election, complete and submit to the State Administrator the form required by §C of this regulation for each proposed alternate early voting center; and

       2. (b) Upon approval by the State Administrator of the alternate early voting center:

          1. (i) Submit the form to the appropriate local government agencies; and
          2. (ii) Include in its disaster recovery plan the name, address, and contact information for each alternate early voting center, a plan for notifying the public if the alternate center is needed, and a plan for transitioning operations to an alternate center.

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301.1, Annotated Code of Maryland

Effective date: January 14, 2010 (37: 1 Md. R. 17)

Regulation .01A amended effective August 22, 2011 (38:17 Md. R. 1015)

Regulation .02 amended effective April 4, 2022 (49:7 Md. R. 469); July 10, 2023 (50:13 Md. R. 514); November 24, 2025 (52:23 Md. R. 1140)

Regulation .02A, F amended as an emergency provision effective September 25, 2020 (47:22 Md. R. 934); emergency provision expired December 31, 2020

Regulation .02G amended effective May 31, 2010 (37:11 Md. R. 768)

Regulation 04A, C amended effective July 10, 2023 (50:13 Md. R. 514)