Sec. 33.16.03.01. In General

A. A voter shall be issued a provisional ballot packet if:

(1) The voter's name is not on the precinct register;

(2) The voter is required under COMAR 33.07.06 to provide personal identification information but is unable to present the required identification;

(3) The voter’s registration status is pending because the voter’s driver’s license or full or partial social security number could not be verified or was not provided before the precinct register was created and, if the voter appeared to vote at an early voting center during early voting or at a polling place on election day, the voter did not provide the necessary information to complete the verification inquiry required by COMAR 33.05.04.05;

(4) The voter is not eligible to vote a regular ballot because:

(a) The precinct register indicates that the voter was issued an absentee ballot or already voted;

(b) In a primary election, the voter’s party affiliation listed in the precinct register differs from the voter’s stated affiliation;

(c) The voter indicates, by not signing the change of address affirmation, that the voter changed residence before the close of registration; or

(d) During early voting, an individual using the same day registration process:

(i) Was not a pre-qualified voter; or

(ii) Could not provide proof of residency in the county where the individual was attempting to vote;

(5) The voter's right to vote is challenged under Election Law Article, §10-312, Annotated Code of Maryland, and the voter was unable to provide one of the forms of identification listed in Election Law Article, §10-312, Annotated Code of Maryland; or

(6) The voter votes in an election as a result of a federal or State court order or any other order extending the time established for closing the polls.

B. An election director may authorize the issuance of provisional ballot packets to ensure that voting continues if there is a technical or administrative issue causing delays in voting.

C. A voter may receive a provisional ballot packet at an election office or at a polling place.

D. A voter shall complete the provisional ballot application and vote the ballot while at the election office or polling place where the packet is received.