Md. Code Regs. 33.07.05.02

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

Section 33.07.05.02 - Assistance Needed to Cast Ballot

A. Scope. This regulation applies when, because of a physical disability or an inability to read or write English, a voter requests assistance in marking or casting the ballot or in filling out a provisional ballot application.

B. Voter's Options.

(1) As provided in Election Law Article, Annotated Code of Maryland, the voter may select anyone to assist the voter, except:

(a) The voter's employer;

(b) The voter's union representative;

(c) An officer or agent of the voter's employer or union;

(d) For a voter casting a provisional ballot, a candidate who is on the voter's ballot; or

(e) A challenger or watcher who has been designated as such for this election.

(2) If the voter declines to select an individual to assist the voter, two election judges representing different political parties shall assist the voter.

C. Voter Assistance Record-Voter's Name and Address. The election judges shall enter the voter's name and address on a voter assistance record, in the form that the State Administrator prescribes.

D. Voter Assistance Record-Signing by Individual Assisting. If the voter has selected someone to assist the voter, the individual selected by the voter shall:

(1) Enter her or his name and address on the voter assistance record; and

(2) Sign the record to affirm that she or he:

(a) Has been asked by the voter to assist the voter in marking or casting the voter's ballot or in filling out a provisional ballot application;

(b) Is not the voter's employer or an agent of the voter's employer;

(c) Is not an officer or agent of the voter's union;

(d) Has not been appointed as a challenger or watcher for this election;

(e) Will assist the voter only by:

(i) (text unchanged)

(ii) As directed by the voter, marking or casting the ballot, or completing a provisional ballot application; and

(f) Will not attempt to influence the voter or suggest in any way how the voter should vote in any contest or question.

E. Voter Assistance Record-Signing by Judges Assisting. If election judges will be providing the assistance, they shall:

(1) Sign the voter assistance record; and

(2) Enter their respective party affiliations.

F. Scope of Assistance. Assistance provided under this regulation shall be limited to:

(1) Reading the instructions or the content of the ballot or the application form to the voter; and

(2) As directed by the voter, marking or casting the ballot, or completing a provisional ballot application.

Md. Code Regs. 33.07.05.02

Regulations .02 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 636); adopted permanently effective July 10, 2000 (27:13 Md. R. 1213)
Regulation .02 amended as an emergency provision effective July 3, 2002 (29:18 Md. R. 1440); amended permanently effective October 14, 2002 (29:20 Md. R. 1595)
Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 623)
Regulation .02B amended effective September 6, 2010 (37:18 Md. R. 1215); amended effective 43:4 Md. R. 334, eff.2/29/2016