Title 9. Voting — Subtitle 4. Provisional Ballots
Statutes in effect as of October 1, 2026.
Md. Code Ann., Election Law § 9-401 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–401LinkCopy Citation
(a)
This subtitle applies to every election governed by this article.
(b)
The State Board shall prescribe all forms required to comply with:
(1)
this subtitle; and
(2)
any requirements of relevant federal law.
(c)
The budget of the State Board for each fiscal year shall include funding necessary to support any additional personnel costs associated with the implementation of the provisional ballot system required under this article.
Md. Code Ann., Election Law § 9-402 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–402LinkCopy Citation
Each local board shall maintain a full record of provisional ballot voting in the county, including, for each voter who votes using a provisional ballot:
(1)
the action taken with regard to the registration;
(2)
the appropriate ballot style; and
(3)
any other information specified by the State Board.
Md. Code Ann., Election Law § 9-403 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–403LinkCopy Citation
(a)
The State Board shall establish guidelines for the administration of provisional ballot voting by the local boards.
(b)
The guidelines shall provide for:
(1)
the provisional ballot application process;
(2)
ballot security, including storage of returned ballots;
(3)
the canvass process;
(4)
notice of the canvass to candidates, political parties, campaign organizations, news media, and the general public;
(5)
observers of the process;
(6)
review of ballots and envelopes submitted for compliance with the law and for machine tabulation acceptability;
(7)
standards for disallowance of ballots during the canvass;
(8)
storage and retention of ballots following canvass and certification; and
(9)
the free access system required under § 11-303(f) of this article.
(c)
The State Board shall:
(1)
in consultation with the local boards, assess the guidelines before each primary election; and
(2)
revise the guidelines if indicated.
Md. Code Ann., Election Law § 9-404 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–404LinkCopy Citation
(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.
(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.
(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.
Md. Code Ann., Election Law § 9-405 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–405LinkCopy Citation
Before an individual casts a provisional ballot:
(1)
the individual shall complete and sign the provisional ballot application prescribed by the State Board; and
(2)
the election official issuing the ballot shall give the individual written information advising the individual that, and describing how, the individual will be able to ascertain whether the vote was counted and, if it was not counted, the reason it was not.
Md. Code Ann., Election Law § 9-406 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–406LinkCopy Citation
(a)
A voter who requires assistance in casting a provisional ballot by reason of disability, inability to write, or inability to read the ballot may be assisted by any individual other than:
(1)
a candidate who is on that ballot;
(2)
the individual’s employer or an agent of the employer; or
(3)
an officer or agent of the individual’s union.
(b)
An individual rendering assistance under this section shall execute a certification as prescribed by the State Board and included in the instructions under § 9–407 of this subtitle.
Md. Code Ann., Election Law § 9-407 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–407LinkCopy Citation
(a)
A provisional ballot shall be accompanied by instructions, prescribed by the State Board, for marking and returning the ballot.
(b)
When voted, a provisional ballot shall be:
(1)
enclosed in an envelope designated “provisional ballot/return envelope”; or
(2)
stored in an electronic format, as specified by the State Board.
Md. Code Ann., Election Law § 9-408 (2026)
Title 9. Voting
Subtitle 4. Provisional Ballots
§ 9–408LinkCopy Citation
Any person who is convicted of a violation of any of the provisions of this subtitle is subject to a fine of not more than $1,000 or imprisonment for not more than 2 years or both.