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§ 11-304. Appeals relating to rejected absentee ballots

West's Annotated Code of MarylandElection LawEffective: December 14, 2022

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 11. Canvassing
Subtitle 3. Vote Canvassing by Local Board (Refs & Annos)
Effective: December 14, 2022
MD Code, Election Law, § 11-304
Formerly cited as MD CODE Art. 33, § 11-303
§ 11-304. Appeals relating to rejected absentee ballots
Right to appeal
(a) A candidate or absentee voter aggrieved by the decision of a local board to reject, or not to reject, an absentee ballot shall have the right of appeal to the circuit court for the county.
Time to file appeal
(b) The appeal must be filed within 5 days from the date of the completion of the official canvass by the board of all the votes cast at the election.
Appeals heard de novo
(c) The appeal shall be heard de novo, without a jury, as soon as possible.
Appeals to Appellate Court of Maryland
(d)(1) The decision of the circuit court may be appealed to the Appellate Court of Maryland, provided the appeal is taken within 48 hours from the entry of the decision of the circuit court.
(2) The appeal shall be heard and decided on the original papers, including a written transcript of the testimony taken in the case.
(3) The original papers and the transcript shall be transmitted to the Appellate Court of Maryland within 5 days from the taking of the appeal, and the appeal shall be heard as soon as possible.

Credits

Added as Art. 33, § 11-303, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 11-303 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Renumbered as Election Law § 11-304 by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2023, c. 49, § 6.
Formerly Art. 33, § 11-303.
MD Code, Election Law, § 11-304, MD ELEC LAW § 11-304
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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