Md. Code Regs. 33.16.04.02

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

Section 33.16.04.02 - Pre-Canvass Review

A. Before the Canvass.

(1) Complete Application.

(a) The election director shall review the provisional ballot application to determine if the application is complete.

(b) An application is complete if:

(i) The application is signed by the voter; and

(ii) There is sufficient information on the application for the election director to determine whether the voter is registered to vote.

(c)A special provisional ballot application for extended voting hours is complete if:

(i) The voter's name is printed on the envelope; and

(ii) The voter signed the oath printed on the envelope.

(d) A provisional ballot application used for the purpose of same day registration or address change during early voting or same day registration on election day is complete if:

(i) The registration and oath document is affixed to the provisional ballot application; and

(ii) The voter signed the registration and oath document.

(2) The election director shall determine whether:

(a) The voter is a registered voter;

(b) For a primary election, the voter is affiliated with the political party the voter indicated on the provisional ballot application;

(c) The voter returned a voted absentee ballot or already voted in the election;

(d) The voter satisfied the verification or identification requirement as provided in §B of this regulation;

(e) The ballot cast by the voter is the correct ballot style for the voter based on the address listed on the provisional ballot application;

(f) The challenge to the voter's identity was valid as provided in §D of this regulation;

(g) If the individual attempted to register and vote during early voting or on election day but was not a pre-qualified voter, the individual is eligible to register to vote and provided proof of residency as provided in §E of this regulation; and

(h) If the individual attempted to register and vote during early voting or on election day but did not provide proof of residency, the individual provided proof of residency as provided in §E of this regulation.

(3) The election director shall complete the election director section of the provisional ballot application.

(4) The election director shall enter into the voter registration system all of the required information.

B. Satisfying the Verification Requirement.

(1) A voter whose registration status is pending satisfies the verification requirement if the voter:

(a) Provides personal identification information if the voter is pending because a previously submitted driver's license or partial social security number could not be verified; or

(b) Provides an identification number and the number is verified under COMAR 33.05.04.04 or indicates that the voter does not have an identification number if the voter is pending because the voter had not previously provided a driver's license or partial social security number.

(2) Personal identification information or identification number shall be provided:

(a) To an election judge who will record on the provisional ballot application the type of personal identification information the voter provided;

(b) On the provisional ballot application where the personal identification number is requested; or

(c) To the local board before the start of the provisional ballot canvass.

C. Satisfying the Identification Requirement. A voter satisfies the identification requirement if the voter provides personal identification information to:

(1) An election judge who shall record on the provisional ballot application the type of personal identification information the voter provided; or

(2) The local board before the start of the provisional ballot canvass.

D. Verification of Challenge to Voter's Identity. To determine whether a challenge to a voter's identity is valid, the election director shall:

(1) Review the voter's signature on the affidavit and compare it to the signature on file with the local board or scanned into the voter registration system; and

(2) If, after reviewing the documents, the challenge is inconclusive, contact the voter and request personal identification information.

E. Satisfying the Proof of Residency Requirement. An individual satisfies the proof of residency requirement if the individual provides proof of residency to:

(1) An election judge who shall record the type of proof of residency information the individual provided; or

(2) The local board before the start of the provisional ballot canvass.

Md. Code Regs. 33.16.04.02

Regulation .02 amended effective 43:4 Md. R. 337, eff.2/29/2016; amended effective 44:23 Md. R. 1079, eff. 11/23/2017; amended effective 46:24 Md. R. 1104, eff. 12/2/2019; amended effective 50:13 Md. R. 514, eff. 7/10/2023