Maryland Election Law Section 3-602

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      (1)      An individual who feels aggrieved by any action of a local board regarding voter registration may file a challenge with that local board.

            (2)      A registered voter may file a challenge with the appropriate local board objecting to the addition or omission of an individual from the registry.

            (3)      A municipal corporation may file a challenge with the appropriate local board if the municipal corporation has reason to believe that an individual has been erroneously added to or omitted from the municipal corporation registry.

            (4)      A local board may initiate the challenge procedures if the local board has reason to believe that a registration has been erroneously added to or omitted from the registry other than by clerical error as provided in § 3-601.1 of this subtitle.

      (b)      (1)      An aggrieved individual or a municipal corporation shall file a challenge on a form, approved by the State Board, stating under oath the basis for the challenge.

            (2)      A challenge filed during the 45 days prior to an election may not be heard until after that election.

      (c)      (1)      Within 5 days of a challenge being filed pursuant to subsection (a)(1) or (2) of this section, or within 5 days of a determination by a local board that a registration has been erroneously added or omitted, the local board shall:

                  (i)      schedule a hearing that shall be held no sooner than 10 days and no later than 15 days after the determination or receipt of a challenge;

                  (ii)      if applicable, send a notice of the hearing to the challenger and advise the challenger of the requirement to appear at the hearing to substantiate the application or objection by affirmative proof; and

                  (iii)      send a notice of the hearing, and a statement of the reason for the hearing, to the individual who is the subject of the challenge.

            (2)      A notice under this subsection shall be sent by certified mail.

            (3)      A notice under paragraph (1)(iii) of this subsection shall be addressed to the individual's most recent address as reflected by the registration records.

            (4)      An individual specified in paragraph (1)(iii) of this subsection may appear in person or by counsel.

      (d)      (1)      The local board shall conduct the hearing on each challenge.

            (2)      The willful failure of the challenger to appear at a hearing under this section shall be punishable by the penalties provided in § 16-1001 of this article.

            (3)      At the request of a party, or on its own motion, the local board shall issue subpoenas to witnesses to appear and testify at the hearings.

            (4)      Witnesses at the hearings shall be sworn.

      (e)      (1)      All challenges shall be decided promptly after the hearing.

            (2)      An individual may not be removed from the registry unless the individual's ineligibility is substantiated by affirmative proof. In the absence of such proof, the presumption shall be that the individual is properly registered.

            (3)      If the local board determines that an individual should be added to or removed from the registry, the local board immediately shall add or remove the individual and notify the individual, by first class mail, of the board's action.

** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 572 - 2005 **

      (a)      An individual who feels aggrieved by any action of a local board regarding voter registration may file an administrative complaint under procedures established by the State Board.

      (b)      In determining whether an individual is or is not a resident of an election district or precinct, the presumption shall be that an individual shown to have acquired a residence in one locality retains that residence until it is affirmatively shown that the individual has acquired a residence elsewhere.

      (c)      (1)      Except as provided in paragraph (2) of this subsection, a final determination issued under the administrative complaint procedures established by the State Board is not subject to judicial review.

            (2)      Any final determination regarding the eligibility of an individual to register to vote is subject to judicial review.

                  (i)      1.      A petition for judicial review shall be filed with the Circuit Court for Anne Arundel County.

                        2.      The petition may be brought at any time, except that it may not be later than the third Tuesday preceding the next succeeding election.

                  (ii)      1.      The court, on presentation of satisfactory evidence, may, in its discretion, dispose of the matter summarily or otherwise set the matter for hearing.

                        2.      On appropriate order of the court, the State Board shall make the required corrections.

      (d)      (1)      An appeal may be taken from any ruling of the circuit court to the Court of Special Appeals.

            (2)      The appeal shall be taken within 5 days from the date of the decision by the circuit court, and the appeal shall be heard and decided by the Court of Special Appeals as soon after the transmission of the record as practicable.