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Ch. 547 2002 LAWS OF MARYLAND
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providing for the effective date of certain provisions of this Act; providing for the
termination of certain provisions of this Act; and generally relating to the
confirmation of the status of provisional ballots.
BY repealing and reenacting, with amendments,
Article 33 - Election Code
Section 11-302.1
Annotated Code of Maryland
(1997 Replacement Volume and 2001 Supplement)
BY repealing and reenacting, with amendments,
Article - Election Law
Section 11-303
Annotated Code of Maryland
(As enacted by Chapter 291 (S.B. 1) of the Acts of the General Assembly of 2002)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 33 - Election Code
11-302.1.
(a) Following an election, each local board shall meet at its designated
counting center to canvass the provisional ballots cast in that election in accordance
with the regulations and guidelines established by the State Board.
(b) A local board may not open any envelope of a provisional ballot prior to 8
a.m. on the Wednesday following election day.
(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.
(2) A local board may not reject a provisional ballot except by unanimous
vote and in accordance with regulations of the State Board.
(3) 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 local election board determines that the individual is not a
registered voter;
(iii) The individual failed to sign the oath on the temporary
certificate of registration;
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(iv) The individual failed to sign the oath on the provisional ballot
envelope;
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- 4152 -
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