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2005 LAWS OF MARYLAND
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Ch. 572
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(2) The willful failure of the challenger to appear at a hearing under this
section shall be punishable by the penalties provided in § 16-1001 of this article.
(3) At the request of a party, or on its own motion, the local board shall
issue subpoenas to witnesses to appear and testify at the hearings.
(4) Witnesses at the hearings shall be sworn.
(e) (1) All challenges shall be decided promptly after the hearing.
(2) An individual may not be removed from the registry unless the
individual's ineligibility is substantiated by affirmative proof. In the absence of such
proof, the presumption shall be that the individual is properly registered.
(3) If the local board determines that an individual should be added to or
removed from the registry, the local board immediately shall add or remove the
individual and notify the individual, by first class mail, of the board's action.]
3-602.
(A) AN INDIVIDUAL WHO FEELS AGGRIEVED BY ANY ACTION OF A LOCAL
BOARD REGARDING VOTER REGISTRATION MAY FILE AN ADMINISTRATIVE
COMPLAINT UNDER PROCEDURES ESTABLISHED BY THE STATE BOARD.
(B) IN DETERMINING WHETHER AN INDIVIDUAL IS OR IS NOT A RESIDENT OF
AN ELECTION DISTRICT OR PRECINCT, THE PRESUMPTION SHALL BE THAT AN
INDIVIDUAL SHOWN TO HAVE ACQUIRED A RESIDENCE IN ONE LOCALITY RETAINS
THAT RESIDENCE UNTIL IT IS AFFIRMATIVELY SHOWN THAT THE INDIVIDUAL HAS
ACQUIRED A RESIDENCE ELSEWHERE.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
FINAL DETERMINATION ISSUED UNDER THE ADMINISTRATIVE COMPLAINT
PROCEDURES ESTABLISHED BY THE STATE BOARD IS NOT SUBJECT TO JUDICIAL
REVIEW.
(2) ANY FINAL DETERMINATION REGARDING THE ELIGIBILITY OF AN
INDIVIDUAL TO REGISTER TO VOTE IS SUBJECT TO JUDICIAL REVIEW.
(I) 1. A PETITION FOR JUDICIAL REVIEW SHALL BE FILED WITH
THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY.
2. THE PETITION MAY BE BROUGHT AT ANY TIME, EXCEPT
THAT IT MAY NOT BE LATER THAN THE THIRD TUESDAY PRECEDING THE NEXT
SUCCEEDING ELECTION.
(II) 1. THE COURT, ON PRESENTATION OF SATISFACTORY
EVIDENCE, MAY, IN ITS DISCRETION, DISPOSE OF THE MATTER SUMMARILY OR
OTHERWISE SET THE MATTER FOR HEARING.
2. ON APPROPRIATE ORDER OF THE COURT, THE STATE
BOARD SHALL MAKE THE REQUIRED CORRECTIONS.
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- 3260 -
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