Plain Text Law

Chapter 07. Post-Election Procedures

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Regulation .01 Storage of Materials.Copy Citation

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A.
A provisional ballot application submitted to a local board shall be retained for at least 22 months after the election.
B.
If a provisional ballot application was rejected, the ballot shall remain sealed inside the provisional ballot application envelope or in any other form in which it was received from the voter.

Regulation .02 Public Information.Copy Citation

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A.
Access to Provisional Ballot Applications.
(1)
Except as provided in §A(2) of this regulation, public access to provisional ballot applications prior to the completion of the canvass is prohibited.
(2)
Members of the public attending a canvass shall be provided visual access to the provisional ballot applications presented at that canvass.
(3)
After the canvass, access to provisional ballot applications for inspection purposes is permitted.
B.
Upon request, the State Administrator may provide a list of registered voters who were checked in to vote as provisional voters.

Regulation .03 Post-Election Correspondence.Copy Citation

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The election director shall send:
A.
A letter requesting personal identification information from each voter whose provisional ballot application was rejected because the voter failed to provide the required personal identification information; and
B.
The appropriate letter to each voter whose provisional ballot application was rejected because the voter's registration status was pending because:
(1)
The voter's driver's license or full or partial social security number could not be verified under COMAR 33.05.04.04; or
(2)
The voter did not provide personal identification information.

Regulation .04 Free Access System for Determining Whether an Application Was Accepted.Copy Citation

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A.
In accordance with State and federal law, the State Board shall establish a free access system that any individual who casts a provisional ballot may access to determine whether a provisional ballot application was accepted and, if not, why the application was not accepted.
B.
Information for Free Access System.
(1)
Each election director shall use the Statewide voter registration system to enter all provisional voting information, including information about a provisional ballot voted by a non-registered voter.
(2)
The State Board shall use the provisional voting information in the Statewide voter registration system for the free access system.
C.
The free access system shall be accessible online through the State Board's website and by calling the State Board's toll-free telephone number.
D.
A provisional voter shall be required to provide the voter's name and date of birth to be able to access information about the voter's provisional ballot.

Regulation .05 Administrative Complaint Procedures.Copy Citation

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Any person who asserts that a State or local election official has violated provisions of law or of this subtitle relating to provisional ballots may file an administrative complaint under COMAR 33.01.05.
Chapter annotations
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
History: Effective date: October 19, 2009 (36:21 Md. R. 1595)
History: Regulation .02 amended effective June 17, 2019 (46:12 Md. R. 548)
History: Regulation .03 amended effective November 23, 2017 (44:23 Md. R. 1079)