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§ 2-202. Powers and duties of local boards

West's Annotated Code of MarylandElection LawEffective: June 1, 2016

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, 2016
MD Code, Election Law, § 2-202
Formerly cited as MD CODE Art. 33, § 2-202
§ 2-202. Powers and duties of local boards
Application of section
(a) Except for the City of Baltimore, the provisions of this section do not apply to a municipal corporation in the State in which the municipal or charter elections are regulated by the public local laws of the State or the charter of the municipal corporation.
Powers and duties
(b) Each local board, in accordance with the provisions of this article and regulations adopted by the State Board, shall:
(1) oversee the conduct of all elections held in its county and ensure that the elections process is conducted in an open, convenient, and impartial manner;
(2) pursuant to the State Personnel and Pensions Article, or its county merit system, whichever is applicable, appoint an election director to manage the operations and supervise the staff of the local board;
(3) maintain an office and be open for business as provided in this article, and provide the supplies and equipment necessary for the proper and efficient conduct of voter registration and election, including:
(i) supplies and equipment required by the State Board; and
(ii) office and polling place equipment expenses;
(4) adopt any regulation it considers necessary to perform its duties under this article, which regulation shall become effective when it is filed with and approved by the State Board;
(5) serve as the local board of canvassers and certify the results of each election conducted by the local board;
(6) establish and alter the boundaries and number of precincts in accordance with § 2-303 of this title, and provide a suitable polling place for each precinct, and assign voters to precincts;
(7) provide to the general public timely information and notice, by publication or mail, concerning voter registration and elections;
(8) make determinations and hear and decide challenges and appeals as provided by law;
(9)(i) aid in the prosecution of an offense under this article; and
(ii) when the board finds there is probable cause to believe an offense has been committed, refer the matter to the appropriate prosecutorial authority;
(10) maintain and dispose of its records in accordance with the plan adopted by the State Board under § 2-106 of this title; and
(11) administer voter registration and absentee voting for nursing homes and assisted living facilities in accordance with procedures established by the State Administrator, subject to the approval of the State Board.
Special provision--Garrett County
(c) In Garrett County, following each decennial census of the United States, the local board shall:
(1) evaluate the population of the county commissioner districts to determine whether the districts are of substantially equal population; and
(2) recommend to the Garrett County Delegation to the General Assembly any adjustments of the boundaries of those districts that are necessary to maintain districts of substantially equal population.
Special provision--Montgomery County
(d) In Montgomery County, the local board shall require an affirmative vote of not fewer than three duly confirmed regular members of the local board, at least one of whom shall be a member of the principal minority party, to appoint an election director.


Added as Art. 33, § 2-202, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 2-202 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2006, c. 61, § 1, eff. April 10, 2006; Acts 2016, c. 295, § 1, eff. June 1, 2016.
Formerly Art. 33, § 2-202.

Editors' Notes

Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 2-202.
No changes are made.
2002 Legislation
Acts 2002, c. 291, § 4, repealed and reenacted this section without amendment.
2003 Legislation
Acts 2003, c. 21, § 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. (b)(11), relating to nursing homes and assisted living apartments.
2016 Legislation
Acts 2016, c. 295, § 1, added (d).
MD Code, Election Law, § 2-202, MD ELEC LAW § 2-202
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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