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§ 10-310. Duties of election judges on election day; during voting hours

West's Annotated Code of MarylandElection LawEffective: April 10, 2012

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 10. Polling Places
Subtitle 3. Polling Place Procedures (Refs & Annos)
Effective: April 10, 2012
MD Code, Election Law, § 10-310
Formerly cited as MD CODE Art. 33, § 10-310
§ 10-310. Duties of election judges on election day; during voting hours
Verification of voter qualifications
(a) For each individual who seeks to vote, an election judge, in accordance with instructions provided by the local board, shall:
(1) locate the individual's name in the election register and locate the preprinted voting authority card and then authorize the individual to vote a regular ballot;
(2)(i) if the individual's name is not found on the election register, search the inactive list and if the name is found, authorize the individual to vote a regular ballot; or
(ii) if the individual's name is not on the inactive list, refer the individual for provisional ballot voting under § 9-404 of this article;
(3) establish the identity of the voter by requesting the voter to state the month and day of the voter's birth and comparing the response to the information listed in the election register;
(4)(i) except if a voter's personal information has been deemed confidential by the local board, verify the address of the voter's residence; or
(ii) conduct an alternative verification as established by the State Board, if the voter's personal information has been deemed confidential by the local board;
(5) if any changes to the voting authority card are indicated by a voter, make the appropriate changes in information on the card or other appropriate form; and
(6) have the voter sign the voting authority card and either issue the voter a ballot or send the voter to a machine to vote.
Right to vote
(b) On the completion of the procedures set forth in subsection (a) of this section, a voter may vote in accordance with the procedures appropriate to the voting system used in the polling place.
Instructions and assistance to voters
(c)(1) Before a voter enters a voting booth, at the request of the voter, an election judge shall:
(i) instruct the voter about the operation of the voting system; and
(ii) allow the voter an opportunity to operate a model voting device, if appropriate to the voting system in use.
(2)(i) 1. After a voter enters the voting booth, at the request of the voter, two election judges representing different political parties shall instruct the voter on the operation of the voting device.
2. An election judge may not suggest in any way how the voter should vote for a particular ticket, candidate, or position on a question.
3. After instructing the voter, the election judges shall exit the voting booth and allow the voter to vote privately.
(ii) A voter may take into the polling place any written or printed material to assist the voter in marking or preparing the ballot.
(3)(i) Except as provided in subparagraph (ii) of this paragraph, a voter who requires assistance in marking or preparing the ballot because of a physical disability or an inability to read the English language may choose any individual to assist the voter.
(ii) A voter may not choose the voter's employer or agent of that employer or an officer or agent of the voter's union to assist the voter in marking the ballot.
(4) If the voter requires the assistance of another in voting but declines to select an individual to assist, an election judge, in the presence of another election judge that represents another political party, shall assist the voter in the manner prescribed by the voter.
(5) An individual assisting a voter may not suggest in any way how the voter should vote for a particular ticket, candidate, or position on a question.
(6) If a voter requires assistance under paragraph (4) or (5) of this subsection, the election judge shall record, on a form prescribed by the State Board, the name of the voter who required assistance and the name of the individual providing assistance to the voter.
(7) Except as provided in paragraph (3) or (4) of this subsection, an individual over the age of 17 years may not accompany a voter into a voting booth.

Credits

Added as Art. 33, § 10-310, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 10-310 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 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 317, § 1, eff. June 1, 2004; Acts 2006, c. 41, § 1, eff. April 8, 2006; Acts 2009, c. 445, § 3, eff. Oct. 1, 2009; Acts 2011, c. 585, § 1, eff. June 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012.
Formerly Art. 33, § 10-310.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 291):
This section formerly was Art. 33, § 10-310.
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, in subsec. (a), rewrote the introductory paragraph and subsecs. (1) and (2), which previously read:
“(a) In accordance with instructions provided by the local board, an election judge shall qualify a voter by:
“(1) Locating the voter's name in the precinct register and locating the preprinted voting authority card;
“(2)(i) If the voter's name is not found on the precinct register, searching the inactive list and if the name is found, qualifying the voter for voting as instructed; or
“(ii) If the voter's name is not on the inactive list, contacting the local board office and, if authorized, issuing a temporary certificate of registration, as provided in § 3-601 of this article;”
2004 Legislation
Acts 2004, c. 25, § 1, made technical corrections to the Code.
Acts 2004, c. 317, § 1, in subsec. (c)(6), substituted “paragraph” for “paragraphs”; and, in subsec. (c)(7), substituted “paragraph” for “paragraphs” and “an individual over the age of 12 years” for “a person over the age of 10 years”.
2006 Legislation
Acts 2006, c. 41, § 1, rewrote subsec. (a)(4), which previously read:
“[(a)](4) verify the address of the voter's residence;”
2009 Legislation
Acts 2009, c. 445, § 1, replaced “precinct” with “election” in subsecs. (a)(1), (a)(2), and (a)(3).
2011 Legislation
Acts 2011, c. 585, § 1, in subsec. (c)(7), replaced “age of 12 years” with “age of 17 years”.
2012 Legislation
Acts 2012, c. 66, § 1, in subsec. (c)(4), corrected punctuation.
MD Code, Election Law, § 10-310, MD ELEC LAW § 10-310
Current through all legislation from the 2018 Regular Session of the General Assembly
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