A voter shall be issued a provisional ballot packet if: The voter's name is not on the precinct register; The voter is required under COMAR 33.07.06 to provide personal identification information but is unable to present the required identification; The voter's registration status is pending because the voter's driver's license or full or partial social security number could not be verified or was not provided before the precinct register was created and, if the voter appeared to vote at an early voting center during early voting or at a polling place on election day, the voter did not provide the necessary information to complete the verification inquiry required by COMAR 33.05.04.05; The voter is not eligible to vote a regular ballot because: The precinct register indicates that the voter was issued an absentee ballot or already voted; In a primary election, the voter's party affiliation listed in the precinct register differs from the voter's stated affiliation; The voter indicates, by not signing the change of address affirmation, that the voter changed residence before the close of registration; or During early voting, an individual using the same day registration process: Was not a pre-qualified voter; or Could not provide proof of residency in the county where the individual was attempting to vote; The voter's right to vote is challenged under Election Law Article, §10-312, Annotated Code of Maryland, and the voter was unable to provide one of the forms of identification listed in Election Law Article, §10-312, Annotated Code of Maryland; or The voter votes in an election as a result of a federal or State court order or any other order extending the time established for closing the polls. An election director may authorize the issuance of provisional ballot packets to ensure that voting continues if there is a technical or administrative issue causing delays in voting. A voter may receive a provisional ballot packet at an election office, a polling place, or an early voting center. A voter shall complete the provisional ballot application and vote the ballot while at the election office, polling place, or early voting center where the packet is received. At the Local Board Office. Except as provided in §B of this regulation, the election director may issue a provisional ballot packet to a voter beginning the day after the close of registration through and including election day if the voter is not or will not be eligible to vote a regular ballot in the precinct on election day. The election director may make a determination that the voter is not or will not be on the precinct register due to a clerical error. If there is a clerical error, the election director may correct the error and give the voter the option to: Vote by absentee ballot; or If the precinct register has not yet been created, go to the voter's precinct to vote a regular ballot on election day. Absentee Ballot. If a voter who is required to provide personal identification information under HAVA or whose registration status is pending requests an absentee ballot, the return envelope shall clearly indicate that the absentee ballot is to be treated as a provisional ballot upon its return to the local board office. The chief judges are responsible for and shall oversee provisional voting, including: Making sure that all voters who are not eligible to vote a regular ballot are offered a provisional ballot; Supervising the provisional voting area; and Ensuring the security of the provisional ballot bag and returning the ballot bag to the local board on election night. The election judge assigned to provisional voting shall follow all provisional voting procedures established in the election judges' manual, including: Monitoring the provisional voting area and the security of the provisional ballot bag; Completing the election judge section of the provisional ballot application; Instructing voters on how to complete the provisional ballot application and where to deposit the completed provisional ballot packet; and Reviewing each voter's provisional ballot application to ensure that it is complete and signed. The election judge shall issue a voter a provisional ballot packet if the voter is entitled to a provisional ballot packet under Regulation .01 of this chapter. This regulation does not apply to voters who arrive at the polls before 8 p.m. but vote after 8 p.m. due to lines and normal election day delays. If a chief election judge receives notice from the election director that voting hours have been extended, the election judges shall issue all voters who arrive to vote after 8 p.m. and before the deadline established by the court order: The special provisional ballot application described in COMAR 33.16.02.02A, if the voter would have voted a regular ballot if the voter had arrived before 8 p.m.; or The provisional ballot application described in COMAR 33.16.02.01A, if the voter would have been required to vote a provisional ballot under this chapter. Election Law Article, §§2-102(b)(4), 2-202(b), 3-305(e), 9-402, 9-403, 9-404, 9-406, and 11-303(c) and (e), Annotated Code of Maryland Effective date: Regulations .01—.03 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) Regulation .01A amended effective November 24, 2003 (30:23 Md. R. 1655) Regulation .02A amended and C adopted effective November 24, 2003 (30:23 Md. R. 1655) Regulations .01—.03 repealed and new Regulations .01—.05 adopted effective October 19, 2009 (36:21 Md. R. 1595) Regulation .01A amended effective February 29, 2016 (43:4 Md. R. 338); December 2, 2019 (46:24 Md. R. 1104); June 29, 2020 (47:13 Md. R. 644) Regulation .01C, D amended effective April 15, 2024 (51:7 Md. R. 334)