Town of Mount Airy, MD Provisional Ballots

For the purposes of this article and section, the term "provisional ballot" means a ballot that is cast by an individual but not counted until the individual's qualifications to vote have been confirmed by the Town Board of Supervisors of Elections.

An individual is eligible to cast a provisional ballot if:

(1)

The individual declares in a written affirmation submitted with the provisional ballot that the individual is a registered voter and is eligible to vote in the Town election; and

(a)

The individual's name does not appear on the election registry;

(b)

An election official asserts that the individual is not eligible to vote; or

(c)

The individual does not have the necessary government-issued identification, and:

[1]

Registered by mail and has not previously met the identification requirements; or

[2]

Where there is a challenge to the voter's identity.

An individual eligible to cast a provisional ballot pursuant to Subsection B above shall be issued and may cast a provisional ballot at the polling place on the day of a Town election.

Before an individual is permitted to cast a provisional ballot:

(1)

The individual shall complete and sign a provisional ballot application prescribed by the Town's Board of Supervisors of Elections, which shall be completed and signed by the individual seeking to vote under the penalties of perjury, and which shall be attached to or printed on a provisional ballot envelope into which the ballot shall be placed and sealed pursuant to Subsection F below; and

(2)

The election official issuing the provisional ballot shall give the individual written information advising the individual that, and describing how, the individual will be able to ascertain whether the vote was counted and, if it was not counted, the reason it was not.

The provisional ballot application shall at a minimum contain:

(1)

The name and address of the individual issued a provisional ballot;

(2)

An oath, under the penalties of perjury, by the individual seeking to vote stating that he or she is qualified to vote in the Town election and that the other information provided by the individual in the application is true and complete;

(3)

The name and address of the person(s), including any election judge(s), making challenge to the individual's right to vote; and

(4)

A statement of the nature of the challenge to the individual's right to vote signed by the person making challenge under the penalties of perjury.

A provisional ballot shall be accompanied by instructions, prescribed by the Town Board of Supervisors of Elections, for marking and returning the ballot, and shall be marked "provisional ballot."

When voted, a provisional ballot shall be enclosed and sealed in an envelope designated "provisional ballot," and which shall have printed on it the provisional ballot application to be completed and signed by the individual seeking to vote under the penalties of perjury.

The Town Board of Supervisors of Elections shall promptly, but in no event more than 24 hours after the polls close, or within 24 hours after the County Board of Elections Office next opens after the polls close in the event that the County Board of Elections is closed during that twenty-four-hour period, make a determination as to whether a provisional ballot that has been cast shall be counted. A provisional ballot shall be counted only if a majority of the members of the Town Board of Supervisors of Elections agree that the vote should be counted. Each individual casting a provisional ballot shall then promptly, but in no event more than the twenty-four-hour period specified above, be sent written notification of the action taken on the provisional ballot and the reasons therefor. The Board of Supervisors of Elections' determination on whether to count a provisional ballot shall be subject to further challenge as set forth in § 10-27 below after announcement of final election results.

Whether to announce election results before and/or after making determinations as to whether provisional ballots shall be counted shall be in the sound discretion of the Chairman of the Town Board of Supervisors of Elections, except that election results announced before determinations and/or counting of provisional ballots shall be preliminary only and only the final announcement of election results after the counting of all provisional ballots that the Board has determined should be counted shall trigger the forty-eight-hour periods for applications for recount or contest as set forth respectively in §§ 10-26 and 10-27.

The Town Board of Supervisors of Elections, using forms approved by the Board, shall create and maintain a full record of provisional ballot voting, including:

(1)

The provisional ballot application;

(2)

The action taken with regard to the provisional ballot; and the reasons therefor;

(3)

Any provisional ballot that is rejected by the Board of Supervisors of Elections sealed inside the provisional ballot application envelope;

(4)

The envelope and ballot for any provisional ballot accepted and counted, with provisional ballots accepted and counted kept segregated from the remainder of the ballots counted;

(5)

A record of the vote of the Board of Supervisors of Elections as to whether the ballot should be counted; and

(6)

A copy of the notice to each individual voting by provisional ballot as to the action taken on the ballot and the reasons therefor.

A voter casting a provisional ballot may receive assistance under the circumstances, and subject to the conditions, set forth in § 10-21 above.

Public access to provisional ballot applications prior to announcement of final election results shall be prohibited. Public access after announcement of final election results shall thereafter be permitted, except that provisional ballots rejected by the Board of Supervisors of Elections shall remain in their sealed envelopes.