- A. The process specified in COMAR 33.07.08 for challenging voters applies during early voting.
- B. Grounds for Challenge. A challenger may challenge an individual's right to vote only if the challenger has a reasonable basis for asserting that the individual seeking to vote is not the registered voter that the individual claims to be.
C. Challenge Record.
- (1) In General. If a challenge is made to a voter's identity and the challenged individual does not present any of the forms of identification specified in Election Law Article, §10-312(a)(2), Annotated Code of Maryland, the Chief Judge or Chief Judges shall record the proceedings on an identity challenge record, in the form that the State Administrator prescribes.
(2) Contents. The form shall contain appropriate places for:
- (a) The challenger and the challenged voter to sign an oath or affirmation, under penalties of perjury, that the individual's responses and statements will be the truth;
- (b) The signature of the Chief Judge who administered each oath; and
- (c) The reason given for the challenge.
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-406, and 10-301.1, Annotated Code of Maryland
Effective date: April 19, 2010 (37:8 Md. R. 624)
Regulation .05 amended effective September 6, 2010 (37:18 Md. R. 1216)
Regulation .06B amended effective September 6, 2010 (37:18 Md. R. 1215)
Chapter revised effective March 19, 2012 (39:5 Md. R. 384)
Regulation .05A amended as an emergency provision effective October 27, 2020 (47:24 Md. R. 1033); emergency provision expired December 31, 2020
Regulation .05A amended effective February 8, 2021 (48:3 Md. R. 94)
Regulation .05B amended effective January 6, 2025 (51:26 Md. R. 1187)
Regulation .10B, C amended effective April 15, 2024 (51:7 Md. R. 334)