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Session Laws, 2002
Volume 800, Page 3090   View pdf image
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Ch. 404 2002 LAWS OF MARYLAND
9-407. (a) A provisional ballot shall be accompanied by instructions, prescribed by
the State Board, for marking and returning the ballot. (b) When voted, a provisional ballot shall be: (1) [enclosed] ENCLOSED in an envelope designated "provisional
ballot/return envelope"; OR (2) STORED IN AN ELECTRONIC FORMAT, AS SPECIFIED BY THE STATE BOARD.
11-302.1. (a) Following an election, each local board shall meet at its designated
counting center to canvass the provisional ballots [cast] SUBMITTED in that election
in accordance with the regulations and guidelines established by the State Board. (b) A local board may not open [any] AN envelope of a provisional ballot [prior
to 8 a.m. on the Wednesday following election day] UNTIL THE LOCAL BOARD HAS
APPROVED THE TEMPORARY CERTIFICATE. (c) [(1)] The State Board shall adopt regulations [that reflect the policy that
the clarity of the intent of the voter is the overriding consideration in determining the
validity of a provisional ballot or the vote cast in a particular contest] TO IMPLEMENT
THIS SECTION. (D) [(2)] (1) A local board may not reject a provisional ballot except by
unanimous vote and in accordance with regulations of the State Board. [(3)] (2) The local board shall reject a provisional ballot if: (i) [The local board determines that the temporary certificate of
registration that corresponds to the provisional ballot is not valid; (ii) The] PURSUANT TO PARAGRAPH (4) OF THIS SUBSECTION, THE
local election board determines that the individual WHO SUBMITTED THE
PROVISIONAL BALLOT is not a registered voter; [(iii)] (II) The individual failed to sign the oath on the temporary
certificate of registration; [(iv) The individual failed to sign the oath on the provisional ballot envelope; (v)] (III) The individual received more than one ballot for the same election; or [(vi)] (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.
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Session Laws, 2002
Volume 800, Page 3090   View pdf image
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