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§ 11-301. Local boards of canvassers

West's Annotated Code of MarylandElection LawEffective: June 1, 2019

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 11. Canvassing
Subtitle 3. Vote Canvassing by Local Board (Refs & Annos)
Effective: June 1, 2019
MD Code, Election Law, § 11-301
Formerly cited as MD CODE Art. 33, § 11-301
§ 11-301. Local boards of canvassers
Currentness
In general
(a) A board of canvassers shall:
(1) convene at the designated counting center for that county on or before the day of the election, but not later than 5 p.m. on that day, and be sworn in; and
(2) meet only in public session.
Observation of canvassing
(a-1)(1) Subject to paragraph (3) of this subsection, a board of canvassers and the staff of a local board may be observed as they complete each part of the canvass by authorized observers designated under paragraph (2) of this subsection and any other individuals who wish to be present.
(2) The following individuals or entities have the right to designate a registered voter as an observer at each counting center:
(i) a candidate;
(ii) a political party; and
(iii) any other group of voters supporting or opposing a candidate, principle, or proposition on the ballot.
(3) The State Board may adopt regulations prohibiting public observation of a part of the canvass only if prohibiting public observation is necessary to ensure:
(i) the integrity or accuracy of the canvass; or
(ii) that the canvass process is not impeded.
(4) The State Board shall ensure that the requirements of this subsection are implemented uniformly and consistently by each local board.
Election of officers
(b) Each board of canvassers shall elect by majority vote a chairman and secretary from among its members.
Oath required
(c) Each member of the board of canvassers shall take an oath, administered and recorded by the clerk of the circuit court, to canvass and declare the votes cast truthfully and to perform other duties required by law.
Quorum required
(d)(1) At the first meeting of the board of canvassers for the purpose of canvassing, a majority of the whole board of canvassers shall be a quorum.
(2) If a quorum is not present, the members present shall adjourn until the next day.
Majority vote required
(e) Except as otherwise provided in this article, all decisions shall be reached by a majority vote of the members present.
Substitute members allowed
(f) In Montgomery County and Prince George's County, if a member is not present at the scheduled time for vote canvassing, a substitute member of the board of canvassers may be sworn in.
Representation from principal minority party required
(g) At least one member of the board of canvassers present shall be a registered voter of the principal minority party.
Canvass in accordance with regulations
(h) Once the board has satisfied the requirements of subsections (a) through (g) of this section, it may proceed with the canvass in accordance with the regulations of the State Board.

Credits

Added as Art. 33, § 11-301, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 11-301 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2015, c. 318, § 1, eff. July 1, 2015; Acts 2016, c. 357, § 1, eff. Oct. 1, 2016; Acts 2016, c. 358, § 1, eff. Oct. 1, 2016; Acts 2019, c. 763, § 1, eff. June 1, 2019.
Formerly Art. 33, § 11-301.
MD Code, Election Law, § 11-301, MD ELEC LAW § 11-301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document