1. A. This regulation applies whenever a ballot is not marked specifically in accordance with the instructions provided to the voter. For example, where the instructions call for:

   1. (1) Marking a choice with an “x” in a box, and the voter uses a checkmark; or
   2. (2) Filling in a circle, but the voter marks the choice with an asterisk.

2. B. In the situations described in §A of this regulation, the local board shall:

   1. (1) Follow the standards established in COMAR 33.08.02; and
   2. (2) Appropriately mark or duplicate the ballot for tabulating acceptability.

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-402, 9-403, 9-404, 9-406, 11-303(c) and (e), and 11-303.2, Annotated Code of Maryland

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Regulation .06 repealed and new Regulation .06 adopted effective November 24, 2003 (30:23 Md. R. 1655)

Regulation .07 adopted effective November 24, 2003 (30:23 Md. R. 1655)

Regulations .05—.07 recodified to Regulations .06—.08 and new Regulation .05 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1556)

Regulations .05—.07 recodified to Regulations .06—.08 and new Regulation .05 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1556); superseded effective September 13, 2006 (33:21 Md. R. 1672); emergency status expired January 31, 2007

Regulations .05—.07 recodified to Regulations .06—.08 and new Regulation .05 adopted effective November 19, 2007 (34:23 Md. R. 2027)

Chapter revised and recodified from COMAR 33.16.05 effective October 19, 2009 (36:21 Md. R. 1595)

Regulation .04A amended effective April 15, 2024 (51:7 Md. R. 335)

Regulation .04B amended as an emergency provision effective October 13, 2020 (47:23 Md. R. 976); emergency provision expired December 31, 2020

Regulation .04B amended as an emergency provision effective July 18, 2022 (49:17 Md. R. 788); emergency provision expired December 1, 2022

Regulation .04B amended effective December 12, 2022 (49:25 Md. R. 1052); April 15, 2024 (51:7 Md. R. 335)