Md. Code Regs. 33.16.06.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 33.16.06.04 - Ballot Rejection - Multiple Ballots from the Same Individual

A. If a local board receives multiple provisional ballots from the same voter, the local board shall canvass them as follows:

(1) If a single provisional ballot application envelope contains more than one voted ballot from the same individual for the same election, all ballots from that individual shall be rejected; and

(2) If more than one provisional ballot is received from the same individual in different provisional ballot applications, the local board shall:

(a) Count the first provisional ballot cast by the voter that is legally sufficient and acceptable in full;

(b) If no provisional ballots are acceptable in full, count the first provisional ballot cast by the voter that is legally sufficient and accept in part; or

(c) Reject all ballots if none of the voter's provisional ballots are legally sufficient.

B. If an absentee ballot and provisional ballot are received from the same individual:

(1) Except as provided in §B(2) of this regulation, the local board shall count the first ballot the voter cast if the ballot is legally sufficient and reject any other ballot.

(2) If the local board receives an absentee ballot after a provisional ballot from the same voter has been counted, the local board shall reject the absentee ballot.

C. The local board shall reject a provisional ballot that is received from an individual who cast a ballot in a polling place on election day.

Md. Code Regs. 33.16.06.04

Regulations .04 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); amended effective 44:23 Md. R. 1079, eff. 11/23/2017; amended effective 49:25 Md. R.1041-1070, eff. 12/12/2022; amended effective 51:7 Md. R. 321-354, eff. 4/15/2024.