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§ 9-404. Qualifications for provisional ballots

West's Annotated Code of MarylandElection LawEffective: October 1, 2009

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 9. Voting (Refs & Annos)
Subtitle 4. Provisional Ballots (Refs & Annos)
Effective: October 1, 2009
MD Code, Election Law, § 9-404
Formerly cited as MD CODE Art. 33, § 9-404
§ 9-404. Qualifications for provisional ballots
In general
(a) If an individual is eligible under subsection (b) of this section, the individual shall be issued and may cast a provisional ballot:
(1) at a polling place on election day;
(2) at an early voting center during early voting; or
(3) at the local board office in the county where the individual resides after the close of registration and before the closing of the polls on election day.
Eligibility to cast provisional ballot
(b) An individual is eligible to cast a provisional ballot if:
(1) the individual declares in a written affirmation submitted with the provisional ballot that the individual is a registered voter in the State and is eligible to vote in that election; and
(2)(i) the individual's name does not appear on the election register;
(ii) an election official asserts that the individual is not eligible to vote; or
(iii) the individual does not have the necessary identification.
Extension of time for closing the polls
(c) In addition to the individuals who cast provisional ballots under subsections (a) and (b) of this section, any individual who appears to vote during a period covered by a court order or other order extending the time for closing the polls shall cast a provisional ballot. A provisional ballot cast under this subsection shall be separated and held apart from other provisional ballots cast by those not affected by the order.


Added as Art. 33, § 9-404, by Acts 2001, c. 424, § 2, eff. June 1, 2001. Transferred to Election Law § 9-404 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 2009, c. 445, § 3, eff. Oct. 1, 2009.
Formerly Art. 33, § 9-404.

Editors' Notes

Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 9-404.
No changes are made.
2002 Legislation
Acts 2002, c. 291, § 4, repealed and reenacted this section without amendment.
2003 Legislation
Acts 2003, c. 379, § 2, rewrote this section, which previously read:
“An individual may vote using a provisional ballot on election day if the individual meets the requirements for a temporary certificate of registration set forth under § 3-601 of this article.”
2009 Legislation
Acts 2009, c. 445, § 1, redesignated subsec. (a)(2) as subsec. (a)(3); added a new subsec. (a)(2); and in subsec. (b)(2)(i), replaced “precinct” with “election”.
MD Code, Election Law, § 9-404, MD ELEC LAW § 9-404
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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