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§ 10-312. Challenge of an individual's right to vote

West's Annotated Code of MarylandElection Law

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 10. Polling Places
Subtitle 3. Polling Place Procedures (Refs & Annos)
MD Code, Election Law, § 10-312
Formerly cited as MD CODE Art. 33, § 10-312
§ 10-312. Challenge of an individual's right to vote
Currentness
Grounds for challenge
(a)(1) The right of an individual to vote may be challenged at the polls only on the grounds of identity.
(2) An individual whose right to vote is challenged at the polls may establish the individual's identity by presenting any of the following forms of identification:
(i) the individual's voter registration card;
(ii) the individual's Social Security card;
(iii) the individual's valid Maryland driver's license;
(iv) any identification card issued to the individual by a political subdivision of the State, the State, the federal government, or any unit of a political subdivision of the State, the State, or the federal government;
(v) any employee identification card of the individual that contains a photograph of the individual and is issued by the employer of the individual in the ordinary course of the employer's business; or
(vi) a copy of a current bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the individual.
(3) If an individual establishes the individual's identity under paragraph (2) of this subsection, an election judge shall authorize the individual to vote a regular ballot.
Time for challenge
(b) A challenge to an individual's right to vote shall be made before the individual is issued a ballot or a voting authority card.
Procedures for challenge of right to vote
(c) If a challenge is made, and the challenged individual does not present any of the forms of identification specified under subsection (a)(2) of this section, the election judge receiving the challenge shall:
(1) require the challenger to provide in writing, under penalty of perjury, the reasons for the challenge;
(2) offer the challenged individual the opportunity to:
(i) cast a provisional ballot; and
(ii) submit an attestation, witnessed by the election judge, of the individual's identity; and
(3) submit the provisional ballot and other materials related to the challenge to the local board.
Canvass of provisional ballots
(d) During the canvass of provisional ballots, the local board shall determine, based on the information submitted by the challenger and the challenged individual, whether the challenged individual is:
(1) the registered voter he or she claims to be; and
(2) otherwise qualified to vote.

Credits

Added as Art. 33, § 10-312, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 10-312 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2003, c. 379, § 2, eff. Oct. 1, 2003; Acts 2006, c. 4, § 1, eff. Feb. 16, 2006.
Formerly Art. 33, § 10-312.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 10-312.
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. 379, § 2, rewrote subsec. (b); and added subsecs. (c) and (d), relating to procedures for a challenge of the right to vote and the canvass of provisional ballots, respectively. Prior to amendment, subsec. (b) read:
“(b)(1) A challenge to an applicant's right to vote shall be:
“(i) Made before a voter is issued a ballot or a voting authority card; and
“(ii) Decided before the applicant enters the voting booth.
“(2)(i) An individual who challenges an applicant's right to vote shall provide the reason for the challenge under an oath administered by an election judge.
“(ii) An election judge shall question the challenged voter under oath about the reason for the challenge.
“(3)(i) If a majority of the election judges believes the applicant to be the individual registered, the applicant shall be permitted to vote.
“(ii) If a majority of the election judges believes the applicant to be a person other than the individual registered, the applicant may not vote and the word ‘rejected’ shall be written on the applicant's voting authority card.
“(4) If an applicant is denied the right to vote under paragraph (3)(ii) of this subsection, the applicant has the right to appeal the decision to the local board.”
2006 Legislation
Acts 2006, c. 4, § 1, inserted subsecs. (a)(2) and (3); and, in subsec. (c), in the introductory paragraph, inserted “and if the challenged individual does not present any of the forms of identification specified under subsection (a)(2) of this section”.
MD Code, Election Law, § 10-312, MD ELEC LAW § 10-312
Current through Chapters 1 & 2, 7, 8, 13 and 15 from the 2019 Regular Session of the General Assembly.
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