|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 291
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
(d) (1) The local board shall conduct the hearing on each challenge.
(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.
REVISOR'S NOTE: This section formerly was Art. 33, § 3-602.
In subsection (c)(1)(ii) of this section, the former phrase "by certified mail"
is deleted as redundant in light of subsection (c)(2) of this section.
No other changes are made.
Defined terms: "Local board" § 1-101
"State Board" § 1-101
3-603.
(a) (1) A party who is aggrieved by the final decision in a hearing by a local
board is entitled to judicial review of the decision as provided in this section.
(2) (i) A petition for judicial review shall be filed with the circuit court
of the county in which the local board is located.
(ii) The petition may be brought at any time, except that it may not
be later than the third Tuesday preceding the next succeeding election.
(b) (1) The court, upon the presentation of evidence satisfactory to it, in its
discretion may dispose of the matter summarily or in its discretion otherwise set the
matter for hearing.
(2) Upon appropriate order of the court the local board shall make the
required corrections.
(c) 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.
(d) (1) An appeal may be taken from any ruling of the circuit court to the
Court of Special Appeals.
|
|
|
|
|
|
|
|
|
|
- 2384 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
