Chapter 05. Special Assistance
Regulation .01 Inability to Sign.LinkCopy Citation
A.
In General. Subject to the requirements of §B of this regulation:
(1)
If a voter is unable to sign a form used at a polling place, an “X” or similar mark will be accepted as that individual's signature; and
(2)
If a voter is unable to make a mark, the requirement for a signature is met by the execution of the endorsement described in §B of this regulation.
B.
Endorsement. In either of the situations described in §A of this regulation, the election judge checking in or otherwise assisting the voter shall sign and date, on the back of the form, an endorsement indicating that:
(1)
The voter was unable to sign the voter's name; and
(2)
If the form that the voter was unable to sign was the voter authority card, the voter was found qualified to vote by that election judge.
Regulation .02 Assistance Needed to Cast Ballot.LinkCopy Citation
A.
Scope. This regulation applies when, because of a physical disability or an inability to read or write English, a voter requests assistance in marking or casting the ballot or in filling out a provisional ballot application.
B.
Voter's Options.
(1)
As provided in Election Law Article, Annotated Code of Maryland, the voter may select anyone to assist the voter, except:
(a)
The voter's employer;
(b)
The voter's union representative;
(c)
An officer or agent of the voter's employer or union;
(d)
For a voter casting a provisional ballot, a candidate who is on the voter's ballot; or
(e)
A challenger or watcher who has been designated as such for this election.
(2)
If the voter declines to select an individual to assist the voter, two election judges representing different political parties shall assist the voter.
C.
Voter Assistance Record—Voter's Name and Address. The election judges shall enter the voter's name and address on a voter assistance record, in the form that the State Administrator prescribes.
D.
Voter Assistance Record—Signing by Individual Assisting. If the voter has selected someone to assist the voter, the individual selected by the voter shall:
(1)
Enter her or his name and address on the voter assistance record; and
(2)
Sign the record to affirm that she or he:
(a)
Has been asked by the voter to assist the voter in marking or casting the voter's ballot or in filling out a provisional ballot application;
(b)
Is not the voter's employer or an agent of the voter's employer;
(c)
Is not an officer or agent of the voter's union;
(d)
Has not been appointed as a challenger or watcher for this election;
(e)
Will assist the voter only by:
(i)
Reading instructions or the content of the ballot or the application form to the voter, and
(ii)
As directed by the voter, marking or casting the ballot, or completing a provisional ballot application; and
(f)
Will not attempt to influence the voter or suggest in any way how the voter should vote in any contest or question.
E.
Voter Assistance Record—Signing by Judges Assisting. If election judges will be providing the assistance, they shall:
(1)
Sign the voter assistance record; and
(2)
Enter their respective party affiliations.
F.
Scope of Assistance. Assistance provided under this regulation shall be limited to:
(1)
Reading the instructions or the content of the ballot or the application form to the voter; and
(2)
As directed by the voter, marking or casting the ballot, or completing a provisional ballot application.
Regulation .03 Name Not in Election Register.LinkCopy Citation
A.
Manual Procedures. If a voter's name does not appear in the election register, the election judges shall follow the procedures specified in the Judges' Manual.
B.
“Fail-Safe” Procedures.
(1)
The State Administrator shall establish procedures to implement the “fail-safe” provisions of the National Voter Registration Act of 1993.
(2)
The election director shall comply with these procedures when providing instructions to election judges.
Regulation .04 Powers of Attorney.LinkCopy Citation
The right to vote may not be delegated to any other person, whether by power of attorney or otherwise.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 9-403, 9-406, 10-310(c), and 10-311(d), Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)
History: Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 623)
History: Regulation .02 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)
History: Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 623)
History: Regulation .02B amended effective September 6, 2010 (37:18 Md. R. 1215)
History: Regulation .02D, F amended effective February 29, 2016 (43:4 Md. R. 334)
History: Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 623)
History: Regulation .03A amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)