§ 2-303. Precincts

   (a) In general. --

   (1) Subject to paragraph (2) of this subsection, as it deems it expedient for the convenience of voters, a local board may:

      (i) create and alter the boundaries for precincts in the county;

      (ii) designate the location for polling places in any election district, ward, or precinct in the county; and

      (iii) combine or abolish precincts.

   (2) (i) Except as provided under subparagraph (iii) of this paragraph, a local board shall establish a separate precinct on campus or within one-half mile of the campus to specifically serve a public or private institution of higher education if the local board determines that at least 500 students, faculty, and staff who attend or work at the institution are registered voters in the precinct in which the institution is located.

      (ii) If, in accordance with subparagraph (i) of this paragraph, a polling place is established at an institution of higher education that receives State funds, that institution shall:

         1. provide without charge to the local board a facility for use as a polling place that meets all applicable requirements under this article and as established by the State Board; and

         2. provide assistance to the local board in recruiting election judges to staff the polling place.

      (iii) A local board may not be required to establish a separate precinct as provided under subparagraph (i) of this paragraph if there is an established precinct within one-half mile of the public or private institution of higher education's campus that serves the voters who attend or work at the public or private institution of higher education.

(b) Period in which changes may not be made. -- Except as provided in subsection (e) of this section, a local board may not create or change a precinct boundary or polling place during the period beginning the Tuesday that is 13 weeks prior to a primary election, through the day of the general election.

(c) Boundaries. -- Any precinct boundary established by a local board subsequent to July 1, 1987 shall follow visible features as defined by the Bureau of the Census, United States Department of Commerce.

(d) Notice of change. -- Within 5 days of creating a new precinct or changing a precinct boundary, a local board shall send to the State Administrator a written description of the new boundary and a map of the area involved.

(e) Changes before and after decennial census. --

   (1) Unless the action is approved in advance by the State Administrator, during the period January 1, in the second year preceding the decennial census, through the effective date of any redistricting based on the census, a local board may not create a new precinct or change a precinct boundary.

   (2) Upon receipt of the written description and map relating to a precinct boundary established during the period described in paragraph (1) of this subsection, the State Administrator shall immediately forward the documents to the Secretary of the Department of Planning and the Executive Director of the Department of Legislative Services.

(f) Emergency changes. -- Notwithstanding any restrictions imposed by this section, subject to the approval of the State Board, a local board may create a new precinct or change a precinct boundary or polling place if the local board determines that an emergency exists.

(g) Regulations. --

   (1) The regulations adopted by the State Board shall include procedures for the creation of new precincts and changes to precinct boundaries or polling places.

   (2) A local board may create a new precinct or make a change in a precinct boundary or polling place only in accordance with regulations adopted by the State Board.

HISTORY: An. Code 1957, art. 33, § 2-303; 2002, ch. 291, § 2, 4; 2003, ch. 380; 2006, ch. 61, § 1; 2008, ch. 36.