Chapter 06. Changes, Deaths, Convictions
Regulation .01 Requested Change of Name, Party, or Address Within Same County.LinkCopy Citation
A.
Election Director to Process Request. If a registered voter requests, in writing, a change of name, party affiliation, or address within the same county, the election director shall:
(1)
Make the change; and
(2)
Send the registered voter, by nonforwardable mail, a VNC that reflects the change.
B.
When Request Is Not Processed. If the election director is not satisfied that the request is from the registered voter, the election director shall mail notice to the applicant, directing the applicant to respond to any questions that the election director considers necessary and provide any documents requested by the election director. If the applicant fails to respond as directed, the election director may not make the change requested.
Regulation .02 Requested Change of Address to or from Another Maryland County.LinkCopy Citation
A.
Change Request from Voter Who Now Resides in County. When an election director receives a request for a change of address from a voter who is currently registered in another Maryland county but currently resides in the county served by the election director's local board, the election director shall:
(1)
In the Statewide voter registration list, transfer the voter's record into the county served by that local board; and
(2)
Send the voter, by nonforwardable mail, a VNC that informs the voter where the voter is registered to vote.
B.
Change Request from Voter Who Has Moved from County. When an election director receives a request for a change of address from a voter who is currently registered in the county served by that local board but currently resides in a new Maryland county, the election director shall forward to the election director in the new county the request so that the voter may be transferred into that county.
Regulation .03 Requested Change of Address to Jurisdiction Outside Maryland.LinkCopy Citation
A.
In General. If a registered voter requests, in writing, a change of address to a jurisdiction outside Maryland, the election director shall remove the voter from the Statewide voter registration list.
B.
Change of Address Immediately Before Presidential General Election. If a registered voter notifies an election director that the voter moved to a jurisdiction outside Maryland within 30 days of a presidential general election day and is not able to register to vote in that jurisdiction because voter registration is closed, the election director shall:
(1)
Request that the voter provide a written notice of the voter’s move and include in the notice the effective date of the move and the voter’s new address;
(2)
Upon receipt of the written notice, provide the voter with a ballot for President and Vice President only; and
(3)
When voter registration reopens, remove the voter from the Statewide voter registration list.
C.
Further Confirmation Not Needed. Further confirmation is not needed of the voter's removal or of the voter's inability to vote until the voter reregisters.
Regulation .04 Change of Address Indicated on Petition.LinkCopy Citation
A.
In General. If a registered voter signs a petition and provides an address different from the address on file at the local board office, the election director shall treat the signed petition as a request for a change of address.
B.
Address Within Same County. If the address on the petition is within the same county served by the local board office, the election director shall take appropriate action under Regulation .01 of this chapter.
C.
Address in Another Jurisdiction. If the address on the petition is in another jurisdiction, the election director shall take appropriate action under Regulation .02 or .03 of this chapter.
Regulation .05 Notices of Death or Conviction.LinkCopy Citation
A.
Report of Death from Official Source.
(1)
When a local board office receives a report, through the State Board, from the Maryland Department of Health or the official vital statistics agency of another state or territory of the United States of the death of a registered voter, as provided in Election Law Article, §3-504, Annotated Code of Maryland, the election director shall remove from the Statewide voter registration list the registered voter to whom the notice applies.
(2)
The notice procedures otherwise required by this regulation do not apply.
(3)
All death information received from the Maryland Department of Health or from an official vital statistics agency shall remain confidential and may be used only to maintain the voter registry.
B.
Report of Death from Other Reliable Source.
(1)
When a local board office receives a report of the death of a registered voter in the form of an obituary or other reliable report, other than a report covered by §A of this regulation, the election director shall mail a notice to the address shown on the Statewide voter registration list to verify whether the voter is in fact deceased.
(2)
The election director may not remove the voter from the Statewide voter registration list until the voter's death has been verified.
C.
Report of Conviction.
(1)
This section applies when a local board office receives a report of the conviction of a registered voter for any crime that would affect the voter's qualifications under Election Law Article, §3-102, Annotated Code of Maryland.
(2)
The election director shall mail to the registered voter, by regular U.S. mail, a notice that:
(a)
Describes the report received; and
(b)
Notifies the registered voter that the registered voter will be removed from the Statewide voter registration list unless, within 2 weeks after the date of the letter, the registered voter:
(i)
Objects to the removal, and
(ii)
Shows cause why the removal should not proceed.
(3)
If the registered voter timely objects and shows cause why the removal should not proceed, the election director may:
(a)
Terminate the removal process and retain the registered voter on the Statewide voter registration list; or
(b)
Refer the matter to the local board for a hearing to determine the registered voter's status.
(4)
If the registered voter fails to timely object and show cause why the removal should not proceed, the registration shall be cancelled and the registered voter removed from the Statewide voter registration list.
(5)
If a voter's registration is canceled under this section, the individual may reregister if the individual later satisfies the qualifications for voter registration in Maryland.
Regulation .06 Notices from Jury Commissioner, etc.LinkCopy Citation
A.
Scope. This regulation applies when the State Board office receives information from a jury commissioner or clerk, as provided in Courts and Judicial Proceedings Article, §§8-201(c) and 8-212(c)(2), Annotated Code of Maryland, indicating that a prospective juror:
(1)
Has moved from the county;
(2)
Has died; or
(3)
Is not a citizen.
B.
Information To Be Kept Confidential. All information received from the jury commissioner or clerk shall remain confidential and may not be disclosed except as:
(1)
Specifically provided in this regulation; or
(2)
Otherwise authorized by the jury commissioner or clerk.
C.
State Administrator to Forward Jury Notices. The State Administrator shall promptly forward all jury commissioner information to the local board office in the county served by the jury commissioner.
D.
Action by Local Board — Change of Address. If the registered voter has been reported to have moved from the county, the election director shall take appropriate action under Election Law Article, Title 3, Subtitle 5, Annotated Code of Maryland.
E.
Action by Local Board — Death or Citizenship.
(1)
If the registered voter has been reported to have died or not to be a citizen, the election director shall take appropriate action under this section.
(2)
The election director shall mail to the address shown on the Statewide voter registration list, by regular U.S. mail, a notice that:
(a)
States that the registered voter has been reported to have died or not to be a citizen; and
(b)
Notifies the registered voter or anyone attending the affairs of a deceased voter that the voter will be removed from the Statewide voter registration list unless, within 2 weeks after the date of the letter, the registered voter or a representative:
(i)
Objects to the removal; and
(ii)
Shows cause why the removal should not proceed.
(3)
If the registered voter or a representative timely objects and shows cause why the removal should not proceed, the election director may:
(a)
Terminate the removal process and retain the registered voter on the Statewide voter registration list; or
(b)
Refer the matter to the local board for a hearing to determine the registered voter's status.
(4)
If the registered voter or a representative fails to timely object and show cause why the removal should not proceed, the registration shall be canceled and the registered voter removed from the Statewide voter registration list.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 3-301(c), 3-504, and 3-505; Courts and Judicial Proceedings Article, §8-212; Annotated Code of Maryland; 42 U.S.C. 1973aa-1(e)
History: Effective date:
History: Regulations .01—.05 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)
History: Chapter revised as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); revised permanently effective October 14, 2002 (29:20 Md. R. 1595)
History: Regulation .01 amended effective May 31, 2010 (37:11 Md. R. 767)
History: Regulation .02 amended effective May 31, 2010 (37:11 Md. R. 767)
History: Regulation .03A amended effective May 31, 2010 (37:11 Md. R. 767)
History: Regulation .03B, C amended effective August 19, 2013 (40:16 Md. R. 1346)
History: Regulation .05 amended effective May 31, 2010 (37:11 Md. R. 767)
History: Regulation .05C amended effective November 24, 2003 (30:23 Md. R. 1654)
History: Regulation .06E amended effective May 31, 2010 (37:11 Md. R. 767)