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§ 11-303. Canvass of provisional ballots

West's Annotated Code of MarylandElection Law

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 11. Canvassing
Subtitle 3. Vote Canvassing by Local Board (Refs & Annos)
MD Code, Election Law, § 11-303
Formerly cited as MD CODE Art. 33, § 11-302.1
§ 11-303. Canvass of provisional ballots
In general
(a) Following an election, each local board shall meet at its designated counting center to canvass the provisional ballots cast in that election in accordance with the regulations and guidelines established by the State Board.
Opening provisional ballots
(b) A local board may not open an envelope of a provisional ballot until the local board has approved the provisional ballot application.
Regulations
(c) The State Board shall adopt regulations to implement this section.
Rejection of provisional ballots
(d)(1) A local board may not reject a provisional ballot except by unanimous vote and in accordance with regulations of the State Board.
(2) The local board shall reject a provisional ballot if:
(i) pursuant to paragraph (4) of this subsection, the local board determines that the individual who cast the provisional ballot is not qualified to vote that provisional ballot;
(ii) the individual failed to sign the oath on the provisional ballot application;
(iii) the individual cast more than one ballot for the same election; or
(iv) the local board determines that a provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.
(3) If the intent of the voter with respect to a particular contest is not clearly demonstrated, the local board shall reject only the vote for that contest.
(4) For the purposes of this section, an individual is qualified to vote the provisional ballot cast if the local board determines that:
(i) the individual is registered in the State;
(ii) if the provisional ballot was cast because the voter failed to provide required identification, the individual who cast the provisional ballot has met the identification requirements established by the State Board; and
(iii) if the provisional ballot was cast during a period covered by a court order or other order extending the time for closing the polls, the order has not been invalidated by a subsequent court order.
Counting provisional ballots
(e) A local board shall count:
(1) the entire provisional ballot if the address on the provisional ballot application is within the precinct where the provisional ballot was cast; or
(2) only the votes cast by the voter for each candidate or question applicable to the precinct in which the voter resides, as determined by the address on the provisional ballot application of the voter.
Confirmation that ballot was counted or not counted
(f)(1) The State Board shall ensure the establishment of a system that any individual who casts a provisional ballot may access without cost to discover whether the ballot was counted and, if not counted, the reason it was not.
(2) The system established under paragraph (1) of this subsection shall ensure the confidentiality of the individual who accesses the system and the secrecy of each ballot.

Credits

Added as Art. 33, § 11-302.1, by Acts 2001, c. 424, § 2, eff. June 1, 2001. Amended by Acts 2002, c. 404, § 1, eff. June 1, 2002; Acts 2002, c. 547, § 1, eff. July 1, 2002. Transferred to Election Law § 11-302.1 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Renumbered as Election Law § 11-303 by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2002, c. 404, § 2, eff. Jan. 1, 2003; Acts 2002, c. 547, § 2, eff. Jan. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2003, c. 379, § 2, eff. Oct. 1, 2003; Acts 2006, c. 4, § 1, eff. Feb. 16, 2006.
Formerly Art. 33, § 11-302.1.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 11-302.1 and is renumbered.
The only changes are in style.
Defined terms: “Local board” § 1-101
“Election” § 1-101
“Provisional ballot” § 1-101
“State Board” § 1-101
HISTORICAL AND STATUTORY NOTES
2002 Legislation
Acts 2002, c. 291, § 4, in subsec. (c)(3)(ii) deleted “election” following “The local”.
Acts 2002, c. 404, § 2, rewrote this section, which previously read:
“(a) Following an election, each local board shall meet at its designated counting center to canvass the provisional ballots cast in that election in accordance with the regulations and guidelines established by the State Board.
“(b) A local board may not open any envelope of a provisional ballot prior to 8 a.m. on the Wednesday following election day.
“(c)(1) The State Board shall adopt regulations that reflect the policy that the clarity of the intent of the voter is the overriding consideration in determining the validity of a provisional ballot or the vote cast in a particular contest.
“(2) A local board may not reject a provisional ballot except by unanimous vote and in accordance with regulations of the State Board.
“(3) The local board shall reject a provisional ballot if:
“(i) The local board determines that the temporary certificate of registration that corresponds to the provisional ballot is not valid;
“(ii) The local election board determines that the individual is not a registered voter;
“(iii) The individual failed to sign the oath on the temporary certificate of registration;
“(iv) The individual failed to sign the oath on the provisional ballot envelope;
“(v) The individual received more than one ballot for the same election; or
“(vi) The local board determines that a provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.”
Acts 2002, c. 404, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take effect January 1, 2003, on the taking effect of Chapter 291 (S.B. 1) of the Acts of the General Assembly of 2002. If Section 2 of this Act takes effect, Section 1 of this Act shall be abrogated and of no further force and effect.”
Acts 2002, c. 291 (S.B. 1), takes effect January 1, 2003.
Acts 2002, c. 547, § 2, added subsec. (d), relating to confirmation of acceptance or rejection of provisional ballots.
Acts 2002, c. 547, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take effect on the taking effect of Chapter 291 (S.B. 1) of the Acts of the General Assembly of 2002. If Section 2 of this Act takes effect, Section 1 of this Act shall be abrogated and of no further force and effect.”
Acts 2002, c. 291 (S.B. 1), takes effect January 1, 2003.
2003 Legislation
Acts 2003, c. 21, § 1, made technical corrections to the Code.
Acts 2003, c. 379, § 2, in subsec. (a), substituted “cast” for “submitted”; in subsec. (b), substituted “provisional ballot application” for “temporary certificate”; and rewrote subsecs. (d) and (e), which read:
“(d)(1) A local board may not reject a provisional ballot except by unanimous vote and in accordance with regulations of the State Board.
“(2) The local board shall reject a provisional ballot if:
“(i) Pursuant to paragraph (4) of this subsection, the local board determines that the individual who submitted the provisional ballot is not a registered voter;
“(ii) The individual failed to sign the oath on the temporary certificate of registration;
“(iii) The individual received more than one ballot for the same election; or
“(iv) The local board determines that a provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.
“(3) If the intent of the voter is not clearly demonstrated, the local board shall reject only the vote for that office or question.
“(4) For the purposes of this section, an individual is a registered voter if the local board determines:
“(i) That the voter's name is on its list of registered voters; or
“(ii) Pursuant to paragraph (5) of this subsection, that the voter submitted a temporary certificate of registration that contains the affirmations required by, and otherwise complies fully with, the requirements of § 3-601 of this article.
“(5) In determining under paragraph (4) of this subsection, whether an application for a temporary certificate of registration complies with § 3-601 of this article, a local board shall examine the contents and execution of the application but may not challenge the accuracy of an assertion in the application unless that assertion relates to one or more actions of the local board.
“(e)(1) Within 10 days after any election, an individual who voted by provisional ballot may request confirmation from the local board that the ballot submitted by the individual is either accepted or rejected by the local board.
“(2) Upon receiving a request under paragraph (1) of this subsection, the local board is required to provide confirmation that the individual's ballot is either accepted or rejected.
“(3) If the ballot is rejected, at the request of the individual the local board shall state in writing the basis for rejecting the ballot.”
2006 Legislation
Acts 2006, c. 4, § 1, deleted former subsec. (d)(4)(ii); redesignated former subsecs. (d)(4)(iii) and (d)(4)(iv) as subsecs. (d)(4)(ii) and (d)(4)(iii), respectively; added new subsec. (e); and redesignated former subsec. (e) as subsec. (f). Prior to amendment, subsec. (d)(4)(ii) read:
“[(d)(4)](ii) based on the address given on the provisional ballot application, the individual resides in the precinct in which the individual seeks to vote;”.
MD Code, Election Law, § 11-303, MD ELEC LAW § 11-303
Current through all legislation from the 2018 Regular Session of the General Assembly
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