Ch. 379

2003 LAWS OF MARYLAND

(i) pursuant to paragraph (4) of this subsection, the local board
determines that the individual who [submitted] CAST the provisional ballot is not [a
registered voter] QUALIFIED TO VOTE THAT PROVISIONAL BALLOT;

(ii) the individual failed to sign the oath on the [temporary
certificate of registration] PROVISIONAL BALLOT APPLICATION;

(iii) the individual [received] CAST more than one ballot for the
same election; or

(iv) the local board determines that a provisional ballot is
intentionally marked with an identifying mark that is clearly evident and placed on
the ballot for the purpose of identifying the ballot.

(3)     If the intent of the voter WITH RESPECT TO A PARTICULAR CONTEST
is not clearly demonstrated, the local board shall reject only the vote for that [office or
question] CONTEST.

(4)     For the purposes of this section, an individual is [a registered voter]
QUALIFIED TO VOTE THE PROVISIONAL BALLOT CAST [if] IF:

(I) the local board determines THAT:

[(i)] 1. [that the voter's name is on its list of registered voters; or]
THE INDIVIDUAL IS REGISTERED IN THE STATE; AN©

[(ii)]2. [pursuant to paragraph (5) of this subsection, that the
voter submitted a temporary certificate of registration that contains the affirmations
required by, and otherwise complies fully with, the requirements of § 3-601 of this
article.] BASED ON THE ADDRESS GIVEN ON THE PROVISIONAL BALLOT
APPLICATION, THE INDIVIDUAL RESIDES IN THE PRECINCT IN WHICH THE
INDIVIDUAL SEEKS TO VOTE; Oft

(II) IN CASES WHERE

(III)   IF THE PROVISIONAL BALLOT WAS CAST BECAUSE THE VOTER
FAILED TO PROVIDE REQUIRED IDENTIFICATION, THE LOCAL BOARD DETERMINES
THAT THE INDIVIDUAL WHO CAST THE PROVISIONAL BALLOT HAS MET THE
IDENTIFICATION REQUIREMENTS ESTABLISHED BY THE STATE BOARD; OR AND

(IV)    IF THE PROVISIONAL BALLOT WAS CAST DURING A PERIOD
COVERED BY A COURT ORDER OR OTHER ORDER EXTENDING THE TIME FOR CLOSING
THE POLLS. THE ORDER HAS NOT BEEN INVALIDATED BY A SUBSEQUENT COURT
ORDER.

[(5) In determining under paragraph (4) of this subsection, whether an
application for a temporary certificate of registration complies with § 3-601 of this
article, a local board shall examine the contents and execution of the application but
may not challenge the accuracy of an assertion in the application unless that
assertion relates to one or more actions of the local board.

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