Ch. 379

2003 LAWS OF MARYLAND

(5) enter and leave a polling place for the purpose of taking outside of the
polling place information that identifies registered voters who have cast ballots OR
INDIVIDUALS WHO HAVE CAST PROVISIONAL BALLOTS.

10-312.

(a)     The right of an individual to vote may be challenged at the polls only on
the grounds of identity.

(b)     [(1)] A challenge to an [applicant's] INDIVIDUAL'S right to vote shall be[:

(i)] made before [a voter] THE INDIVIDUAL is issued a ballot or a
voting authority card[; and

(ii) decided before the applicant enters the voting booth].

[(2) (i) An individual who challenges an applicant's right to vote shall
provide the reason for the challenge under an oath administered by an election judge.

(ii) An election judge shall question the challenged voter under
oath about the reason for the challenge.

(3). (i) If a majority of the election judges believes the applicant to be
the individual registered, the applicant shall be permitted to vote.

(ii) If a majority of the election judges believes the applicant to be a
person other than the individual registered, the applicant may not vote and the word
"rejected" shall be written on the applicant's voting authority card.

(4) If an applicant is denied the right to vote under paragraph (3)(ii) of
this subsection, the applicant has the right to appeal the decision to the local board.]

(C)     IF A CHALLENGE IS MADE, THE ELECTION JUDGE RECEIVING THE
CHALLENGE SHALL:

(1)      REQUIRE THE CHALLENGER TO PROVIDE IN WRITING, UNDER
PENALTY OF PERJURY, THE REASONS FOR THE CHALLENGE;

(2)      OFFER THE CHALLENGED INDIVIDUAL THE OPPORTUNITY TO:

(I)      CAST A PROVISIONAL BALLOT; AND

(II)     SUBMIT AN ATTESTATION, WITNESSED BY THE ELECTION
JUDGE, OF THE INDIVIDUAL'S IDENTITY; AND

(3)      SUBMIT THE PROVISIONAL BALLOT AND OTHER MATERIALS
RELATED TO THE CHALLENGE TO THE LOCAL BOARD.

(D)     DURING THE CANVASS OF PROVISIONAL BALLOTS, THE LOCAL BOARD
SHALL DETERMINE, BASED ON THE INFORMATION SUBMITTED BY THE CHALLENGER
AND THE CHALLENGED INDIVIDUAL, WHETHER THE CHALLENGED INDIVIDUAL IS:

(1)      THE REGISTERED VOTER HE OR SHE CLAIMS TO BE; AND

(2)      OTHERWISE QUALIFIED TO VOTE.

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