Elections - Local Boards of Elections - Open Meeting Requirements (Local Boards of Elections Transparency Act)
Summary
SB 337, the Local Boards of Elections Transparency Act, expands open-meeting and public-access requirements for Maryland’s local boards of elections and local boards of canvassers. It requires local boards to post open meeting agendas and related materials on their websites at least 48 hours in advance, or as far in advance as practicable for emergency or otherwise unanticipated meetings. It also requires live video streaming of open meetings, with exceptions for off-site meetings, project site visits, and inspections, and mandates that archived recordings of streamed meetings be kept for at least five years.
The bill also adds transparency requirements to canvassing activities. Local boards and boards of canvassers must live-stream canvasses and preserve unedited video archives for five years, while in-person observation of canvassing remains allowed subject to existing rules and any State Board regulations necessary to protect integrity or avoid disruption. The bill further directs the State Board of Elections to adopt regulations by December 1, 2025, to implement the new streaming requirements in a way that maximizes transparency while protecting voter anonymity where applicable.
Impact
SB 337 amends the Maryland Election Law Article by adding a new section governing local board meeting transparency and by revising provisions on canvassing of absentee and provisional ballots. It imposes new operational duties on local boards and boards of canvassers, including website posting, live streaming, and long-term video retention, and requires local boards to comply with these requirements when canvassing absentee and provisional ballots. The State Board of Elections must also issue implementing regulations, which gives the state board a role in standardizing how transparency measures are carried out across counties while balancing privacy and election-integrity concerns.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislature. It passed the Senate 47-0 and the House 136-0, indicating unanimous approval in both chambers. The available record suggests a general consensus in favor of increasing transparency in local election administration and canvassing processes.
Contention
There is little evidence of major opposition in the available materials, but the bill does reflect a policy balance between transparency and election administration concerns. The main potential point of contention is how far public access should extend during canvassing and whether live streaming or public observation could affect ballot secrecy, voter anonymity, or the orderly conduct of canvass proceedings. The bill addresses those concerns by allowing the State Board to limit in-person observation only when necessary to protect accuracy or prevent impediments, and by directing regulations that preserve voter anonymity while maximizing transparency.