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33.16.05.00.htm 33.16.05.00. Title 33 STATE BOARD OF ELECTIONS Subtitle 16 PROVISIONAL VOTING Chapter 05 Canvass of Ballots ― Procedures Authority: Election Law Article, §2-102(b)4) 2-202(b) 3-305(e) 3-306, 9-402, 9-403, 9-404, 9-406, and 11-303(c) and (e) Annotated Code of Maryland
33.16.05.01.htm 33.16.04.01. 01 Conduct Generally.. The local board's review, inspection, and tabulation of provisional ballots shall:. A. Begin as provided in Regulation .03 of this chapter;. B. Be conducted separately from the review, inspection, and tabulation of polling place ballots;. C. Be conducted in a public session; and. D. Otherwise be conducted in the same manner as for polling place ballots, insofar as those procedures are appropriate.
33.16.05.02.htm 33.16.05.02. 02 Start of Canvass.. A. When Required.. 1) Except as provided in §A(2) of this regulation, the local board shall start to canvass the provisional ballots at 10 a.m. on the second Wednesday after an election.2) If the start of a provisional canvass falls on a legal holiday, the board shall convene the provisional canvass on the next regular business day.B. Opening Ballots. The provisional ballot application envelopes and any absentee ballots being canvassed as provisional ball
33.16.05.03.htm 33.16.05.03. 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 v
33.16.05.04.htm 33.16.05.04. 04 Record of Disposition.. A. The local board or the election director shall record on the back of the provisional ballot application whether the provisional ballot application was accepted, either in full or in part, or rejected and, if rejected, the reason why the application was rejected.B. This record shall furnish the basis for the information provided through the free access system required by COMAR 33.16.07.04.
33.16.05.05.htm 33.16.05.05. 05 Opening and Ballot Tabulation.. A. If the local board rejects a provisional ballot application, the provisional ballot application envelope shall remain sealed.B. If the local board accepts a provisional ballot application or an absentee ballot being canvassed as a provisional ballot, the ballot shall be removed from the envelope consistent with COMAR 33.11.04.05 with special consideration given to the fact that the voter's personal identification informat
33.16.05.06.htm 33.16.05.06. 06 Reporting Results.. The unofficial results of the provisional ballot canvass shall be released when the tabulation is completed.
33.16.05.9999.htm 33.16.05.9999. Administrative History Effective date:. Regulations .01―06 adopted as an emergency provision effective July 3, 2002 (29:18 Md. R. 1441) adopted permanently effective October 14, 2002 (29:20 Md. R. 1596)Regulation .01 amended effective November 24, 2003 (30:23 Md. R. 1655). Regulation .03 amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062) amended permanently effective August 14, 2006 (33:16 Md. R. 1366)Regulation .06 repealed and new Regulation .06 ado
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