THINGS TO BE AWARE OF SINCE JULY 2023

Below is a brief summary of recent changes in Maryland Election Law (current as of JULY 27, 2023)... specially for people engaged in the purchase of and then utilizing voter lists for research and investigations into Election Fraud with regard to the Non-Disclosure Agreement (NDA) required to obtain those list(s):

♦️ Old NDA:  

"Under penalty of perjury, I hereby declare, as required by Election Law Article, § 3-506, Annotated Code of Maryland, that the list of registered voters for which I am applying is not intended to be used for commercial solicitation or for any other purpose not related to the electoral process.

✅ I am aware that, if I use the list for commercial solicitation or for any other purpose not related to the electoral process, or make the list available to the public or third parties or publish or republish the list in a way that allows it to be used in that manner,

✅ I will be guilty, upon conviction of a misdemeanor and subject to punishment under Election Law Article, Title 16, Annotated Code of Maryland".

♦️New NDA:

"Under penalty of perjury,

✅ I hereby declare, as required by Election Law Article, § 3-506, Annotated Code of Maryland, that the list of registered voters for which I am applying is not intended to be used for commercial solicitation or for any other purpose not related to the electoral process.

✅ I am aware that, if I use the list for commercial solicitation or for any other purpose not related to the electoral process, or make the list available to the public or third parties or publish or republish the list in a way that allows it to be used in that manner,

✅ I will be guilty, upon conviction of a misdemeanor and subject to punishment under Election Law Article, Title 16, Annotated Code of Maryland. 

✅ I also acknowledge and understand that I cannot use the data for any purpose unrelated to the electoral process.

✅ I can use the data to register voters, form a political party, qualify as a candidate for public office, circulate a petition, conduct elections and recount, cast and count ballots, finance a campaign, and other activities that meet the definition of "electoral process" as defined in COMAR 33.03.02.01B(1).

🚩 I will not use this data for investigations into an illegal or 

suspected illegal infractions or violations of voters' behaviors in a specific election". 

PUBLIC DISCLOSURE OF VOTER REGISTRATION ACTIVITIES.— (1) Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.

✳️NOTE: Maryland 20-20 Watch was the ONLY Election Integrity organization to ever address the subject of "retention" of ALL Election materials, records and actual ballots with members of the Maryland Legislature....

✳️ Memorandum (partial text):

Title 33 STATE BOARD OF ELECTIONS Subtitle 03 RECORDS MANAGEMENT 

Chapter 02 Copies of Registration Lists Authority:

Election Law Article, §§2-102(b)(4), 2-202(b), and 3-506(a)(2)(i), Annotated Code of Maryland .01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) “Electoral process” means the system established by the Maryland Constitution, Election Law Article of the Annotated Code of Maryland, and regulations of the State Board, by which a person is elected to a public office or by which voters express a preference on a ballot question. 

(a) “Electoral process” includes, but is not limited to: registering voters, forming political parties, qualifying as a candidate for public office, petitioning candidates or questions to the ballot, drafting and publishing ballot questions, conducting elections, casting ballots, canvassing ballots, recounting an election, and financing a campaign. 

♦️Proposed COMAR Changes - February 2023 SBE Meeting.

“Electoral process” does not include investigations. The use of a voter registration list to contact an individual voter as part of an investigation into an illegal or suspected illegal infraction or violation involving the voter’s behavior in a specific election is not a “purpose… related to the electoral process” as those terms are used in Election Law Article, §3-506(a)(1)(ii)(2), Annotated Code of Maryland.

(2) "Initial voter list" means a list of all individuals who, as of the date requested, meet the criteria requested by the individual requesting the list [are registered to vote in a precinct or group of precincts].

(3) "Supplemental voter list" means a list of all individuals who, from the date of an initial voter list through a later requested date, meet the criteria requested by the individual requesting the list [have newly registered to vote in the same precinct or group of precincts].(4) (text unchanged)

✳️Explanation: The proposed changes define “electoral process,” a term used in Regulation .04 and in the required affidavit, and update definitions to reflect the current types of lists provided.   

♦️ COMAR On June 20, 2023, the State Board of Elections adopted: 

(1) Amendments to Regulation .06 under COMAR 33.01.05 Administrative Complaint Procedure;

(2) Amendments to Regulations .01, .03, and .04 under COMAR 33.03.02 Copies of Registration Lists;

(3) Amendments to Regulation .18 under COMAR 33.10.01 System Requirements and Procedures — EVS Voting Solution;

(4) Amendments to Regulation .05 under COMAR 33.12.02 Initiation of Recounts;

(5) Amendments to Regulation .01, the repeal of existing Regulation .03, and the recodification of existing Regulations .04—.06 to be Regulations .03—.05 under COMAR 33.16.02 Provisional Voting Documents and Supplies;

(6) Amendments to Regulation .02 under COMAR 33.16.04 Pre-Canvass Procedures;

(7) Amendments to Regulation .04 under COMAR 33.16.05 Canvass of Ballots — Procedures;

(8) Amendments to Regulations .02 and .04 under COMAR 33.17.02 Early Voting Centers;

(9) Amendments to Regulation .02 under COMAR 33.21.01 Definitions; General Provisions;

(10) Amendments to Regulations .02 and .03 under COMAR 33.21.03 Issuance and Return; and

(11) Amendments to Regulation .06 under COMAR 33.21.04 Voting Centers.

This action, which was proposed for adoption in 50:7 Md. R. 317—320 (April 7, 2023), has been adopted as proposed. Effective Date: July 10, 2023.

5. FEDERAL LAW: SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER REGISTRATION. The citation is on page 10 at this link: https://www.congress.gov/bill/103rd-congress/house-bill/2/text(i)

PUBLIC DISCLOSURE OF VOTER REGISTRATION ACTIVITIES.—

(1) Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.

⚠️ I AM SURE the Republican Representatives serving on the Board PROTESTED these changes, strenuously! {sarcasm} 😏

FOR MORE DETAILS about the Maryland State Board of Election's Meetings, go to:

https://www.elections.maryland.gov/about/board.html