Sec. 33.16.05.03. Disposition of Provisional Ballot Application

A. Election Director Recommendation. The election director shall:

(1) Present the provisional ballot applications to the local board; and

(2) Based on the pre-canvass review of the applications, make recommendations to the local board as to whether the provisional ballot applications should be accepted or rejected.

B. Votes Required. The local board shall reject a provisional ballot application only by unanimous vote and as provided in this chapter.

C. Acceptance of Provisional Ballot Application. The local board shall accept a provisional ballot application only if:

(1) The voter is registered to vote, including a voter whose registration status was pending in the precinct register but who satisfied the verification requirement before the start of the provisional canvass;

(2) The voter signed the provisional ballot application;

(3) A voter who was required under COMAR 33.07.06 to provide personal identification information satisfied the identification requirement before the start of the provisional canvass;

(4) In a primary election, the party affiliation the voter indicated on the provisional ballot application is the party affiliation of the voter’s record;

(5) The voter voted a provisional ballot because the precinct register indicated that the voter had been issued an absentee ballot or already voted and the voter did not return a voted absentee ballot or voted again in the election;

(6) The voter voted a provisional ballot during extended voting hours and the local board has received confirmation from the State Administrator that the order extending voting hours has not been invalidated;

(7) The voter voted a provisional ballot because the voter’s identity was challenged and the local board, after reviewing the affidavits and any other relevant information, has denied the challenge; and

(8) An individual who was not a pre-qualified voter during early voting or on election day was determined to be eligible to vote and satisfied the proof of residency requirement under COMAR 33.16.04.02E.

D. Full or Partial Count of Provisional Ballot. If the local board accepts the provisional ballot application, the local board shall count:

(1) The entire provisional ballot if the ballot is the correct ballot style for the voter based on the address on the provisional ballot application; or

(2) Only votes for the specific contests for which the voter is entitled to vote based on the address on the provisional ballot application, if the ballot is not the correct ballot style for the voter based on the address on the provisional ballot application.

E. Rejection of Provisional Ballot Application. If the local board does not accept the provisional ballot application as provided in §§B and C of this regulation, the local board shall reject the provisional ballot application.