# COMAR Title 33 — State Board of Elections

## Subtitle 16 — Provisional Voting

### Chapter 01 — Definitions; General Provisions

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 9-402, 9-403, 9-404, 9-406, and 11-303(c) and (e), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01, .02 adopted as an emergency provision effective July 3, 2002 (29:18 Md. R. 1441); adopted permanently effective October 14, 2002 (29:20 Md. R. 1596)

**Administrative History:** Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1655); October 19, 2009 (36:21 Md. R. 1595)

**Administrative History:** Regulation .02 amended effective October 19, 2009 (36:21 Md. R. 1595)

#### Regulation .01 Definitions.

*COMAR 33.16.01.01*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “HAVA” means the federal Help America Vote Act of 2002 (Public Law 107-252—October 29, 2002).

  (2) “Provisional ballot application” means the application that a voter must complete in order to receive a provisional ballot.

  (3) “Provisional ballot packet” means all of the documents necessary for a voter to apply for and vote a provisional ballot, including:

    (a) A provisional ballot application; and

    (b) A ballot.

  (4) Regular Ballot.

    (a) “Regular ballot” means a ballot that is voted and counted at a polling place.

    (b) “Regular ballot” does not include a provisional ballot.

  (5) “Voter” means an individual who is eligible to receive a provisional ballot packet or applies for and casts a provisional ballot.

#### Regulation .02 Procedures.

*COMAR 33.16.01.02*

A. Before each Statewide primary election, the State Board shall formally review and if necessary, revise these regulations for administering the provisional ballot process.

B. The State Administrator may appoint a committee to review these regulations and make recommendations to the State Board for changes. The recommendations shall be considered by the State Board if they are received at least 6 months before a Statewide primary election.