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§ 2-201. County boards of election

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

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 2. Powers and Duties of the State and Local Boards
Subtitle 2. Local Boards (Refs & Annos)
Effective: June 1, 2015
MD Code, Election Law, § 2-201
Formerly cited as MD CODE Art. 33, § 2-201
§ 2-201. County boards of election
In general
(a)(1) There is a county board of elections in each county of the State.
(2) Each local board and its staff is subject to the direction and authority of the State Board and is accountable to the State Board for its actions in all matters regarding the implementation of the requirements of this article and any applicable federal law.
Membership
(b)(1) Except as provided in subsections (j), (k), and (l) of this section, each local board consists of three regular members and two substitute members.
(2) Two regular members and one substitute member shall be of the majority party, and one regular member and one substitute member shall be of the principal minority party.
(3) Except as provided in subsection (l) of this section, in the event of the absence of a regular member or a vacancy in the office of a regular member, the substitute member of the same political party shall exercise the powers and duties of a regular member until the regular member returns or the vacancy is filled as prescribed in subsection (h) of this section.
Appointment of members
(c) Each regular and substitute member of a local board shall:
(1) be appointed in accordance with subsection (g) of this section;
(2) be a registered voter in the county for which the individual is appointed for the 5 years immediately preceding the appointment; and
(3) be eligible for reappointment.
Term
(d)(1) The term of a member is 4 years and begins on the first Monday in June of each year following a gubernatorial election.
(2) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
Oath
(e) Before taking office, a member shall take and subscribe to the oath prescribed in Article I, § 9 of the Maryland Constitution.
Removal
(f) The Governor may remove a member for incompetence, misconduct, or other good cause, upon written charges stating the Governor's grounds for dismissal and after affording the member notice and an ample opportunity to be heard.
Appointment process
(g)(1) The Governor shall request the county central committee representing the majority party or the principal minority party, as appropriate, to submit a list of at least four eligible individuals from which the Governor may make an appointment of a regular member or a substitute member of the local board.
(2) The Governor may reject all of the nominees if the Governor determines them to be unfit or incompetent, in which case the Governor shall notify the State Board in writing and request an additional list of at least four eligible nominees from the county central committee. A third list may be requested in the same manner.
(3) If a list containing the names of four eligible nominees is not submitted within 20 days of a request or if all the nominees on three lists are rejected, the Governor may appoint any eligible person who is a member of the appropriate political party.
(4)(i) Except as provided in subparagraph (ii) of this paragraph, each appointment shall be subject to confirmation by the Senate of Maryland.
(ii) In Caroline, Dorchester, and Kent counties, if there is no resident Senator of the particular county, the confirmation required under subparagraph (i) of this paragraph shall be by the House of Delegates of Maryland.
(iii) If an appointee is rejected, the Governor shall make another appointment from the list or lists submitted under paragraphs (1) and (2) of this subsection. If a list is not provided, or the nominees on three lists are rejected, the Governor may appoint an eligible individual as provided in paragraph (3) of this subsection.
Filling of vacancies
(h)(1) Except as provided in subsections (j), (k), and (l) of this section, if a member of a local board dies, resigns, is removed, or becomes ineligible:
(i) the substitute member belonging to the same political party shall become a regular member of the local board; and
(ii) the Governor shall appoint an eligible person from the same political party to be the new substitute member.
(2) If a substitute member of a local board becomes a regular member as provided in paragraph (1)(ii) of this subsection, dies, resigns, is removed, or becomes ineligible when the confirming legislative body is not in session, the Governor shall appoint an eligible person from the same political party as the predecessor substitute member to fill the vacancy. That individual shall serve until the earlier of:
(i) the adjournment of the next session of the General Assembly; or
(ii) the appointment of another individual to fill the same vacancy.
President of local board
(i) A board shall meet within 20 days after the beginning of the term to elect one of its regular members as president.
Prince George's County
(j)(1) In Prince George's County, the local board consists of five regular members and three substitute members.
(2) Four regular members and two substitute members shall be of the majority party, and one regular member and one substitute member shall be of the principal minority party.
(3) If a vacancy occurs on the local board among the members from the majority party, the Governor shall designate one of the substitute members from that party to fill the vacancy.
Montgomery County
(k)(1) In Montgomery County, the local board consists of five regular members and two substitute members.
(2) Three regular members and one substitute member shall be of the majority party, and two regular members and one substitute member shall be of the principal minority party.
Baltimore City and Allegany, Caroline, Carroll, Cecil, Charles, Frederick, Harford, Kent, Queen Anne’s, Somerset, Talbot, Washington, Wicomico, and Worcester counties
(l)(1) In Allegany County, Baltimore City, Caroline County, Carroll County, Cecil County, Charles County, Frederick County, Harford County, Kent County, Queen Anne's County, Somerset County, Talbot County, Washington County, Wicomico County, and Worcester County, the local board consists of five regular members.
(2) Three regular members shall be of the majority party, and two regular members shall be of the principal minority party.
(3)(i) If a vacancy occurs on the local board, the Governor shall appoint an eligible person from the same political party as the predecessor member to fill the vacancy in accordance with subsection (g) of this section for the remainder of the unexpired term and until a successor is appointed and qualifies.
(ii) An appointment made while the Senate of Maryland is not in session shall be considered temporary until the appointee is confirmed by the Senate.

Credits

Added as Art. 33, § 2-201, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 2-201 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2007, c. 79, § 1, eff. Oct. 1, 2007; Acts 2010, c. 344, § 1, eff. June 6, 2011; Acts 2011, c. 35, § 1, eff. June 6, 2011; Acts 2011, c. 247, § 1, eff. June 6, 2011; Acts 2011, c. 305, § 1, eff. June 6, 2011; Acts 2011, c. 350, § 1, eff. June 6, 2011; Acts 2011, c. 429, § 1, eff. June 6, 2011; Acts 2012, c. 102, § 1, eff. June 1, 2015; Acts 2014, c. 47, § 1, eff. June 1, 2015; Acts 2014, c. 105, § 1, eff. June 1, 2015; Acts 2015, c. 109, § 1, eff. June 1, 2015.
Formerly Art. 33, § 2-201.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 2-201.
No changes are made.
HISTORICAL AND STATUTORY NOTES
2002 Legislation
Acts 2002, c. 291, § 4, repealed and reenacted this section without amendment.
2010 Legislation
Acts 2010, c. 344, § 1, in subsecs. (b)(1) and (h)(1), added references to subsec. (l); in subsec. (b)(3), inserted “Except as provided in subsection (l) of this section,”; and added subsec. (l).
2011 Legislation
Acts 2011, c. 35, § 1, in subsec. (l)(1), inserted “Harford County”.
Acts 2011, c. 247, § 1, in subsec. (l)(1), inserted “Washington County”.
Acts 2011, c. 305, § 1, in subsec. (l)(1), inserted “Caroline County”.
Acts 2011, c. 350, § 1, in subsec. (l)(1), inserted “Charles County”.
Acts 2011, c. 429, § 1, in subsec. (l)(1), inserted “Allegany County”, “Baltimore City”, “Charles County”, and “Frederick County”.
2012 Legislation
Acts 2012, c. 102, § 1, in subsec. (l)(1), inserted “Carroll County”.
2014 Legislation
Acts 2014, c. 47, § 1, in subsec. (l), added Cecil County to the counties listed.
Acts 2014, c. 105, § 1, in subsec. (l)(1), added Queen Anne’s County and Talbot County to the list of counties.
2015 Legislation
Acts 2015, c. 109, § 1, in para. (l)(1), inserted “Kent County,”.
Acts 2015, c. 109, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, 2015, the effective date of Chapter 102 of the Acts of the General Assembly of 2012 and Chapters 47 and 105 of the Acts of the General Assembly of 2014. If the effective date of Chapter 102 and Chapters 47 and 105 is amended, this Act shall take effect on the taking effect of Chapter 102 and Chapters 47 and 105.”
MD Code, Election Law, § 2-201, MD ELEC LAW § 2-201
Current through all legislation from the 2018 Regular Session of the General Assembly
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