# COMAR Title 33 — State Board of Elections

## Subtitle 16 — Provisional Voting

### Chapter 06 — Canvass of Ballots — Rejecting Ballots

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), 9-402, 9-403, 9-404, 9-406, 11-303(c) and (e), and 11-303.2, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 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 .01 amended effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .03 amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); amended permanently effective August 14, 2006 (33:16 Md. R. 1366)

**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulation .07 adopted effective November 24, 2003 (30:23 Md. R. 1655)

**Administrative History:** Regulations .05—.07 recodified to Regulations .06—.08 and new Regulation .05 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1556)

**Administrative History:** Regulations .05—.07 recodified to Regulations .06—.08 and new Regulation .05 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1556); superseded effective September 13, 2006 (33:21 Md. R. 1672); emergency status expired January 31, 2007

**Administrative History:** Regulations .05—.07 recodified to Regulations .06—.08 and new Regulation .05 adopted effective November 19, 2007 (34:23 Md. R. 2027)

**Administrative History:** Chapter revised and recodified from COMAR 33.16.05 effective October 19, 2009 (36:21 Md. R. 1595)

**Administrative History:** Regulation .04A amended effective April 15, 2024 (51:7 Md. R. 335)

**Administrative History:** Regulation .04B amended as an emergency provision effective October 13, 2020 (47:23 Md. R. 976); emergency provision expired December 31, 2020

**Administrative History:** Regulation .04B amended as an emergency provision effective July 18, 2022 (49:17 Md. R. 788); emergency provision expired December 1, 2022

**Administrative History:** Regulation .04B amended effective December 12, 2022 (49:25 Md. R. 1052); April 15, 2024 (51:7 Md. R. 335)

#### Regulation .01 Unanimous Vote Required.

*COMAR 33.16.06.01*

A provisional ballot or a vote on a provisional ballot may not be rejected except by unanimous vote of the local board.

#### Regulation .02 Voter Intent.

*COMAR 33.16.06.02*

A. This regulation applies whenever a ballot is not marked specifically in accordance with the instructions provided to the voter. For example, where the instructions call for:

  (1) Marking a choice with an “x” in a box, and the voter uses a checkmark; or

  (2) Filling in a circle, but the voter marks the choice with an asterisk.

B. In the situations described in §A of this regulation, the local board shall:

  (1) Follow the standards established in COMAR 33.08.02; and

  (2) Appropriately mark or duplicate the ballot for tabulating acceptability.

#### Regulation .03 Ballot Rejection — Basic Grounds.

*COMAR 33.16.06.03*

A. The local board shall reject a provisional ballot if:

  (1) The local board determines that the ballot was intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot; or

  (2) The ballot envelope was unsealed and there is some indication that the integrity of the electoral process has been compromised.

B. The local board may not reject a provisional ballot solely because the voter included personal identification information in the envelope with the ballot.

#### Regulation .04 Ballot Rejection — Multiple Ballots from the Same Individual.

*COMAR 33.16.06.04*

A. If a local board receives multiple provisional ballots from the same voter, the local board shall canvass them as follows:

  (1) If a single provisional ballot application envelope contains more than one voted ballot from the same individual for the same election, all ballots from that individual shall be rejected; and

  (2) If more than one provisional ballot is received from the same individual in different provisional ballot applications, the local board shall:

    (a) Count the first provisional ballot cast by the voter that is legally sufficient and acceptable in full;

    (b) If no provisional ballots are acceptable in full, count the first provisional ballot cast by the voter that is legally sufficient and accept in part; or

    (c) Reject all ballots if none of the voter’s provisional ballots are legally sufficient.

B. If an absentee ballot and provisional ballot are received from the same individual:

  (1) Except as provided in §B(2) of this regulation, the local board shall count the first ballot the voter cast if the ballot is legally sufficient and reject any other ballot.

  (2) If the local board receives an absentee ballot after a provisional ballot from the same voter has been counted, the local board shall reject the absentee ballot.

C. The local board shall reject a provisional ballot that is received from an individual who cast a ballot in a polling place on election day.

#### Regulation .05 Vote or Contest Rejection.

*COMAR 33.16.06.05*

A. Person No Longer a Candidate. If a provisional ballot is voted for an individual who has ceased to be a candidate, the vote for that individual may not be counted but does not invalidate the rest of the ballot.

B. Damaged or Marked Ballot. If a provisional ballot is damaged or otherwise marked so that the local board cannot determine the voter's intent in a specific contest, the local board shall reject only that contest on the ballot.

C. Erasures or Alterations. If a provisional ballot has erasures or has been altered or repaired:

  (1) For all contests where the voter's intent is clear, the local board shall process the ballot or, if necessary, have it duplicated and processed; or

  (2) For any contest where the local board cannot determine the voter's intent, the local board shall reject that contest on the ballot.