Sec. 33.08.01.02-1. Board Counsel

A. Oath or Affirmation Required.

(1) Each local board counsel shall take and subscribe the following oath or affirmation: I, ........, do swear, (or affirm as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, serve as counsel to the ........ Board of Canvassers, according to the Constitution and Laws of this State.

(2) The clerk of the circuit court or chairman of the local board shall administer and record the oath or affirmation in §A(1) of this regulation to the local board counsel.

(3) The oath or affirmation shall be administered on or before the day of the election but not later than 5 p.m. on that day.

B. Presence During Decision Sessions.

(1) During each canvass, the local board’s counsel shall be present at any time the local board is deciding questions or otherwise making decisions on the legality or acceptability of a vote on any ballot, an absentee ballot, provisional ballot application, or provisional ballot.

(2) The local board may specifically schedule decision periods, if the schedule is announced at the start of each day of the canvass.

C. The local board's counsel shall be present throughout all canvass sessions if it appears that absentee or provisional ballots could decide the outcome of a contest or a question.