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PARRIS N. GLENDENING, Governor Ch. 404
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[(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.
(3) IF THE INTENT OF THE VOTER IS NOT CLEARLY DEMONSTRATED,
THE LOCAL BOARD SHALL REJECT ONLY THE VOTE FOR THAT OFFICE OR QUESTION.
(4) FOR THE PURPOSES OF THIS SECTION, AN INDIVIDUAL IS A
REGISTERED VOTER IF THE LOCAL BOARD DETERMINES:
(I) THAT THE VOTER'S NAME IS ON ITS LIST OF REGISTERED
VOTERS; OR
(II) 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.
(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.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 2 of this Act
shall take effect June 1, 2002. It shall remain effective until the taking effect of
Section 2 of this Act. January 1, 2003, on the taking effect of Chapter 291 (S.B. 1) of
the Acts of the General Assembly of 2002. If Section 2 of this Act takes effect, Section
1 of this Act shall be abrogated and of no further force and effect.
SECTION 4. AND BE IT FURTHER ENACTED, That, subject to the
provisions of Section 3 of this Act, this Act shall take effect January 1, 2003 June 1,
2002.
Approved May 6, 2002.
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- 3097 -
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