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§ 2-102. Powers and duties of Board

West's Annotated Code of MarylandElection LawEffective: January 1, 2015

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 1. State Board (Refs & Annos)
Effective: January 1, 2015
MD Code, Election Law, § 2-102
Formerly cited as MD CODE Art. 33, § 2-102
§ 2-102. Powers and duties of Board
Management and supervision of elections in State
(a) The State Board shall manage and supervise elections in the State and ensure compliance with the requirements of this article and any applicable federal law by all persons involved in the elections process.
Specific powers and duties of Board
(b) In exercising its authority under this article and in order to ensure compliance with this article and with any requirements of federal law, the State Board shall:
(1) supervise the conduct of elections in the State;
(2) direct, support, monitor, and evaluate the activities of each local board;
(3) have a staff sufficient to perform its functions;
(4) adopt regulations to implement its powers and duties;
(5) receive, or in its discretion audit, campaign finance reports, account books and records kept under § 13-221 of this article, independent expenditure reports filed and records kept under § 13-306 of this article, electioneering communication reports filed and records kept under § 13-307 of this article, and statements filed and records kept under § 14-105 of this article;
(6) appoint a State Administrator in accordance with § 2-103 of this subtitle;
(7) maximize the use of technology in election administration, including the development of a plan for a comprehensive computerized elections management system;
(8) canvass and certify the results of elections as prescribed by law;
(9) make available to the general public, in a timely and efficient manner, information on the electoral process, including a publication that includes the text of this article, relevant portions of the Maryland Constitution, and information gathered and maintained regarding elections;
(10) subject to § 2-106 of this subtitle and § 13-341 of this article, receive, maintain, and serve as a depository for elections documents, materials, records, statistics, reports, certificates, proclamations, and other information prescribed by law or regulation;
(11) prescribe all forms required under this article; and
(12) serve as the official designated office in accordance with the Uniformed and Overseas Citizens Absentee Voting Act for providing information regarding voter registration and absentee ballot procedures for absent uniformed services voters and overseas voters with respect to elections for federal office.
Supermajority Board approvals
(c) The powers and duties assigned to the State Board under this article shall be exercised in accordance with an affirmative vote by a supermajority of the members of the State Board.

Credits

Added as Art. 33, § 2-102, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 2-102 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2003, c. 379, § 2, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2006, c. 61, § 1, eff. April 10, 2006; Acts 2010, c. 72, § 5, eff. April 13, 2010; Acts 2011, c. 575, § 1, eff. Dec. 1, 2011; Acts 2013, c. 419, § 1, eff. Jan. 1, 2015.
Formerly Art. 33, § 2-102.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 2-102.
In subsection (b)(5) of this section, the former reference to “statements required under Title 13 of this article” is deleted in light of the use of the defined term “campaign finance report[s]”.
In subsection (b)(10) of this section, the phrase “subject to §§ 2-106 and 13-341 of this article,” is added for clarity.
Defined terms: “Campaign finance report” § 1-101
“Election” § 1-101
“Local board” § 1-101
“State Administrator” § 1-101
“State Board” § 1-101
HISTORICAL AND STATUTORY NOTES
2002 Legislation
Acts 2002, c. 291, § 4, in subsec. (b)(5), deleted “the” preceding “campaign” and deleted “and statements required under Title 13 of this article” following “reports”; and in subsec. (b)(10) inserted “Subject to §§ 2-106 and 13-341 of this article,” preceding “receive”.
2003 Legislation
Acts 2003, c. 379, § 2, added subsec. (b)(12), relating to the Uniform Overseas Citizens Absentee Voting Act.
2004 Legislation
Acts 2004, c. 25, § 1, made technical corrections to the Code.
2006 Legislation
Acts 2006, c. 61, was subject to a petition for referendum and was approved by the voters at the November 7, 2006, election.
Acts 2006, c. 61, § 1, added subsec. (c), relating to supermajority voting.
2010 Legislation
Acts 2010, c. 72, § 5, made technical corrections to the Code.
2011 Legislation
Acts 2011, c. 575, § 1, rewrote subsec. (b)(5), which previously had read:
“[(b)](5) receive, and in its discretion audit, campaign finance reports;”.
2013 Legislation
Acts 2013, c. 419, § 1, rewrote subsec. (b)(5), which previously had read:
“[(b)](5) receive, and in its discretion audit, campaign finance reports, independent expenditure reports filed under § 13-306 of this article, and electioneering communication reports filed under § 13-307 of this article;”.
MD Code, Election Law, § 2-102, MD ELEC LAW § 2-102
Current through all legislation from the 2018 Regular Session of the General Assembly
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