Md. Code Regs. 33.11.03.08

Current through Register Vol. 51, No. 24, December 2, 2024

Section 33.11.03.08 - When Ballots Are Timely

A. United States.

(1) "United States" means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

(2) "United States" does not include American Samoa, the Canal Zone, Guam, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, an Army Post Office address, or a Fleet Post Office address.

B. In General. An absentee ballot is considered to have been timely received only if:

(1) The ballot is received by the local board office before the polls close on election day;

(2) The ballot is received by a polling place before the polls close at that polling place on election day;

(3) The ballot is deposited into a ballot drop box before the polls close on election day;

(4) The ballot:

(a) Is received by the local board office from the United States Postal Service or a private mail carrier on or before 10 a.m. on the second Friday after an election; and

(b) Was mailed on or before election day, as verified:

(i) By a postmark of the United States Postal Service, an Army Post Office, a Fleet Post Office, or the postal service of any other country; or

(ii) By the voter's affidavit that the ballot was completed and mailed on or before election day, if the return envelope does not contain a postmark or the postmark is illegible; or

(5) The ballot is received by an early voting center before the polls close at that polling place on the last day of early voting.

C. Untimely Ballots. A ballot that is not timely received as provided in this regulation may not be counted.

Md. Code Regs. 33.11.03.08

Regulations .08 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709)
Regulation .08B amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)
Regulation .08B amended effective November 24, 2003 (30:23 Md. R. 1655)
Regulation .08B amended as an emergency provision effective January 2, 2004 (30:24 Md. R. 1738); amended permanently effective March 1, 2004 (31:4 Md. R. 319)
Regulation .08B amended as an emergency provision effective October 4, 2004 (31:20 Md. R. 1483); amended permanently effective January 6, 2005 (31:26 Md. R. 1868)
Regulation .08B amended as an emergency provision effective June 21, 2006 (33:15 Md. R. 1277); amended permanently effective September 25, 2006 (33:19 Md. R. 1562)
Regulation .08B amended as an emergency provision effective July 27, 2007 (34:18 Md. R. 1578)
Regulation .08B amended effective September 24, 2007 (34:19 Md. R. 1650); March 19, 2012 (39:5 Md. R. 385);40:16 Md. R. 1346, eff. 8/19/2013 ; amended effective 47:1 Md. R. 19, eff. 1/13/2020; amended effective 49:1 Md. R.16, eff. 1/13/2022; amended effective 51:7 Md. R. 321-354, eff. 4/15/2024.