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33.11.05.00.htm 49:17 22-139 (REG .04) EMERGENCY ACTION IN EFFECT 7/18/2022―12/1/2022. 33.11.05.00. Title 33 STATE BOARD OF ELECTIONS Subtitle 11 ABSENTEE BALLOTS Chapter 05 Canvass of Ballots ― Rejecting Ballots Authority: Election Law Article, §2-102(b)4) 2-202(b) 9-303, 11-301, 11-302, and 11-303(d)2)iii) Annotated Code of Maryland
33.11.05.01.htm 33.11.05.01. 01 Vote Required.. A. In General. Neither an absentee ballot nor any vote on it may be rejected except by unanimous vote of the local board.B. Abstention. If a member of the local board abstains from voting, the decision of the local board is unanimous if all other members vote for the same outcome.
33.11.05.02.htm 33.11.05.02. 02 Voter Intent.. If a ballot is not marked specifically in accordance with the instructions provided to the voter, the local board shall:A. Follow the standards established in COMAR 33.08.02; and. B. Appropriately mark or duplicate the ballot for tabulating acceptability..
33.11.05.03.htm 33.11.05.03. 03 Ballot Rejection ― Basic Grounds.. The local board shall reject an absentee ballot if:. A. The ballot was not timely received;. B. The voter failed to sign the oath required by Election Law Article, §9-310, Annotated Code of Maryland;C. The local board determines that an absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purposes of identifying the ballot;
33.11.05.04.htm 49:17 22-139 (REG .04) EMERGENCY ACTION IN EFFECT 7/18/2022―12/1/2022. 33.11.05.04. 04 Ballot Rejection ― Multiple Ballots from the Same Individual.. The local board shall reject multiple absentee ballots as follows:. A. If a single return envelope contains more than one ballot from the same individual for the same election, all ballots from that individual shall be rejected.B. If more than one ballot is received from the same individual in different envelopes:.
33.11.05.05.htm 33.11.05.05. 05 Ballot Rejection ― Unusual Marking Device.. A. Duplication.. 1) Absentee ballots may be marked by any kind of pencil or ink.. 2) Certain types of pencil or ink, however, might not be readable by optical scanning equipment. Accordingly, ballots not marked with the appropriate pencil or ink should be referred by the local board to the duplication team.B. Possible Rejection. In a specific case, the local board may consider the particular pencil or ink used to be unusual enoug
33.11.05.06.htm 33.11.05.06. 06 Ballot Rejection ― Unsealed Envelope.. The local board may not reject a ballot solely because its envelope was unsealed unless:. A. The ballot had been issued to an agent; or. B. There is some indication that the integrity of the electoral process has been compromised..
33.11.05.07.htm 33.11.05.07. 07 Ballot Rejection ― Federal Write-In Absentee Ballot.. A. The local board shall reject a Federal Write-In Absentee Ballot if:. 1) The Federal Write-In Absentee Ballot was not timely received;. 2) The voter failed to sign the oath accompanying the Federal Write-in Absentee Ballot;. 3) The local board determines that the Federal Write-in Absentee Ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purposes of identifyin
33.11.05.08.htm 33.11.05.08. 08 Vote or Contest Rejection.. A. Person No Longer a Candidate. If an absentee ballot is voted for an individual who has ceased to be a candidate, the vote for that individual may not be counted but does not invalidate the rest of the ballot.B. Damaged or Marked Ballot. If an absentee ballot is damaged or otherwise marked so that the local board cannot determine the voter's intent in a specific contest, the local board shall reject that contest on the ballot.
33.11.05.9999.htm 49:17 22-139 (REG .04) EMERGENCY ACTION IN EFFECT 7/18/2022―12/1/2022. 33.11.05.9999. Administrative History Effective date:. Regulations .01―07 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 .01 amended effective November 24, 2003 (30:23 Md. R. 1655). Regulation .01 amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062) amended permanently effective Aug
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