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§ 3-303. Change of party affiliation

West's Annotated Code of MarylandElection LawEffective: June 1, 2016

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 3. Voter Registration (Refs & Annos)
Subtitle 3. Administration of Registration (Refs & Annos)
Effective: June 1, 2016
MD Code, Election Law, § 3-303
Formerly cited as MD CODE Art. 33, § 3-303
§ 3-303. Change of party affiliation
Notification of party affiliation change
(a) Notification of a change of party affiliation or a change to or from a decline may be made:
(1) by information provided on a voter registration application by the same methods provided for registration under Subtitle 2 of this title;
(2) by written notice, signed by the voter and sent by mail or otherwise delivered to the local board in the county where the voter's current voter registration address is located or to which the voter has moved;
(3) by making application in person at the office of the local board in the county where the voter's current voter registration address is located or to which the voter has moved;
(4) by information on a voter authority card or other appropriate form filled out in a polling place; or
(5) by changing a name or address with the Motor Vehicle Administration.
Time of changes
(b) Party affiliation changes or changes to or from a decline:
(1) shall be processed at any time that registration is open; and
(2) except as provided in subsection (c) of this section, may not be processed when registration is closed.
Sufficiency of request
(c) If a local board receives a request for a party affiliation change after the close of registration, the local board shall make the change and it shall become effective for the next election provided:
(1) there is sufficient evidence, as determined by the local boards pursuant to regulations adopted by the State Board, that the request was mailed on or before the close of registration for that election; or
(2) the request was submitted by the voter to the Motor Vehicle Administration, a voter registration agency, another local board, or the State Board on or before the close of registration for that election.

Credits

Added as Art. 33, § 3-303, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Amended by Acts 2001, c. 424, § 2, eff. June 1, 2001. Transferred to Election Law § 3-303 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2003, c. 380, § 1, eff. Oct. 1, 2003; Acts 2010, c. 270, § 1, eff. June 1, 2010; Acts 2010, c. 271, § 1, eff. June 1, 2010; Acts 2011, c. 292, § 1, eff. June 1, 2011; Acts 2011, c. 293, § 1, eff. June 1, 2011; Acts 2016, c. 172, § 1, eff. June 1, 2016; Acts 2016, c. 173, § 1, eff. June 1, 2016.
Formerly Art. 33, § 3-303.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 3-303.
No changes are made.
HISTORICAL AND STATUTORY NOTES
2002 Legislation
Acts 2002, c. 291, § 4, repealed and reenacted this section without amendment.
2003 Legislation
Acts 2003, c. 380, § 1, rewrote this section, which previously read:
“(a) Except as provided in subsection (b) of this section, a local board, at the signed request of a registered voter, shall change that voter's party affiliation, or change the voter to or from a decline, at any time that registration is open unless the request is received during the following time periods:
“(1) From 9 p.m. on the Monday, or the next regular business day if the Monday is a legal holiday, that is 12 weeks before the day on which a primary election is to be held under § 8-201 of this article, until and including the day on which the registration reopens after the primary election is held; and
“(2) From and including the day of issuance of a gubernatorial proclamation calling a special election, pursuant to § 8-710 of this article, or from 5 p.m. on the next regular business day if the day of issuance is a legal holiday, until and including the day on which that special election is held.
“(b) If a registered voter changes residence from one county to another within the State, the voter may change party affiliation or change to or from a decline at any time when registering with the new county of residence.
“(c) An individual whose registration has been canceled at the individual's request within a period closed to changes in party affiliation may not reregister in the same county during the same period with a party affiliation or nonaffiliation different from the previous registration.”
2010 Legislation
Acts 2010, c. 270, § 1, and Acts 2010, c. 271, § 1, rewrote the section, which previously had read:
“(a) Except as provided in subsections (b) and (c) of this section, a local board, at the signed request of a registered voter, shall change that voter's party affiliation, or change the voter to or from a decline, at any time that registration is open.
“(b)(1) Except as provided in paragraph (2) of this subsection, party affiliation may not be changed:
“(i) from 9 p.m. on the Monday, or the next regular business day if the Monday is a legal holiday, that is 12 weeks before the day on which a primary election is to be held under § 8-201 of this article, until and including the day on which the registration reopens after the primary election is held; and
“(ii) from and including the day of issuance of a gubernatorial proclamation calling a special election, pursuant to § 8-710 of this article, or from 5 p.m. on the next regular business day if the day of issuance is a legal holiday, until and including the day on which that special election is held.
“(2) If a voter requests a party affiliation change during a period specified in paragraph (1) of this subsection, the local board shall make the change if:
“(i) there is sufficient evidence, as determined by the local boards pursuant to regulations adopted by the State Board, that the request was mailed before the beginning of the period specified in paragraph (1) of this subsection; or
“(ii) the request was submitted by the voter to the Motor Vehicle Administration, a voter registration agency, another local board, or the State Board before the beginning of the period specified in paragraph (1) of this subsection.
“(c) If a registered voter has moved from one county to another within the State since the last general election, the voter may change party affiliation or change to or from a decline, one time only, during a period specified in subsection (b)(1) of this section.
“(d) An individual whose registration has been canceled at the individual's request within a period specified in subsection (b) of this section may not reregister in the same county during the same period with a party affiliation or nonaffiliation different from the previous registration.”
2011 Legislation
Acts 2011, c. 292, § 1, and Acts 2011, c. 293, § 1, rewrote the section, which previously had read:
“(a) A local board, at the signed request of a registered voter, shall change that voter's party affiliation, or change the voter to or from a decline, at any time that registration is open.
“(b) If a local board receives a request for a party affiliation change after the close of registration, the local board shall make the change and it shall become effective for the next election provided:
“(1) there is sufficient evidence, as determined by the local boards pursuant to regulations adopted by the State Board, that the request was mailed on or before the close of registration for that election; or
“(2) the request was submitted by the voter to the Motor Vehicle Administration, a voter registration agency, another local board, or the State Board on or before the close of registration for that election.”
2016 Legislation
Acts 2016, c. 172, § 1, and Acts 2016, c. 173, § 1, repealed and reenacted this section without amendment.
MD Code, Election Law, § 3-303, MD ELEC LAW § 3-303
Current through all legislation from the 2018 Regular Session of the General Assembly
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