Md. Code Regs. 33.05.06.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 33.05.06.05 - Notices of Death or Conviction

A. Report of Death from Official Source.

(1) When a local board office receives a report, through the State Board, from the Department of Health and Mental Hygiene or the official vital statistics agency of another state or territory of the United States of the death of a registered voter, as provided in Election Law Article, § 3-504, Annotated Code of Maryland, the election director shall remove from the Statewide voter registration list the registered voter to whom the notice applies.

(2) The notice procedures otherwise required by this regulation do not apply.

(3) All death information received from the Department of Health and Mental Hygiene or from an official vital statistics agency shall remain confidential and may be used only to maintain the voter registry.

B. Report of Death from Other Reliable Source.

(1) When a local board office receives a report of the death of a registered voter in the form of an obituary or other reliable report, other than a report covered by §A of this regulation, the election director shall mail a notice to the address shown on the Statewide voter registration list to verify whether the voter is in fact deceased.

(2) The election director may not remove the voter from the Statewide voter registration list until the voter's death has been verified.

C. Report of Conviction.

(1) This section applies when a local board office receives a report of the conviction of a registered voter for any crime that would affect the voter's qualifications under Election Law Article, § 3-102, Annotated Code of Maryland.

(2) The election director shall mail to the registered voter, by regular U.S. mail, a notice that:

(a) Describes the report received; and

(b) Notifies the registered voter that the registered voter will be removed from the Statewide voter registration list unless, within 2 weeks after the date of the letter, the registered voter:

(i) Objects to the removal, and

(ii) Shows cause why the removal should not proceed.

(3) If the registered voter timely objects and shows cause why the removal should not proceed, the election director may:

(a) Terminate the removal process and retain the registered voter on the Statewide voter registration list; or

(b) Refer the matter to the local board for a hearing to determine the registered voter's status.

(4) If the registered voter fails to timely object and show cause why the removal should not proceed, the registration shall be cancelled and the registered voter removed from the Statewide voter registration list.

(5) If a voter's registration is canceled under this section, the individual may reregister if the individual later satisfies the qualifications for voter registration in Maryland.

Md. Code Regs. 33.05.06.05

Regulations .05 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 635); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)
Regulation .05 amended effective May 31, 2010 (37:11 Md. R. 767)
Regulation .05C amended effective November 24, 2003 (30:23 Md. R. 1654)