This is a summary of Title III of the Help America Vote Act of 2002.

Voting System Standards (§ 301)

(Effective: January 1, 2006)

Each voting system must:

• Allow a voter to verify the votes selected by the voter on the ballot before the ballot is cast and counted;
• Provide the voter with the opportunity to change the ballot or correct any error before the ballot is cast and counted;
• Produce a record with an audit capacity;
• Be accessible for individuals with disabilities by providing at least one accessible voting system in each polling place;
• Provide alternative language accessibility pursuant to the requirements of § 203 of the Voting Rights Act; and
• Comply with the error rate standards established by the federal voting system standards

In addition, Maryland must:

• Adopt a uniform and nondiscriminatory standard that defines what constitutes a vote and what will be counted as a vote for each type of voting system; and
• Establish a voter education program for the absentee and provisional voting that notifies each voter of the effect of casting multiple votes for an office and instructs each voter on how to correct the ballot or obtain a replacement ballot.

Any notification must preserve the voter's privacy and confidentiality of the ballot.

Provisional Voting (§ 302)

(Effective January 1, 2004)

An individual must be offered a provisional ballot if:

• The individual declares that he or she is a registered voter in Maryland and eligible to vote in the election; and
• The individual's name does not appear on the list of eligible voters or an election official asserts that the individual is not eligible to vote.

Election officials must:

• Provide the individual with written information about how to find out if the provisional ballot was counted and, if the ballot was not counted, the reason why it was not counted;
• Promptly verify the individual's eligibility and, if the individual is eligible to vote, count the ballot; and
• Establish a free access system for individuals to verify whether their provisional ballots were counted and, if not, the reason why it was not counted.

Individuals who vote after hours because the voting hours have been extended must vote by provisional ballot. These ballots must be held apart from other provisional ballots cast during normal voting hours.

Voting Information (§ 302)

(Effective: January 1, 2004)

The following information must be posted in each polling place on Election Day:

• A sample ballot;
• The date of the election and voting hours;
• Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
• Instructions for mail-in registrants and first-time voters; and
• General information on voting rights under federal and State laws and laws prohibiting fraud and misrepresentation.

Statewide Voter Registration List (§ 303)

(Effective: January 1, 2006)

Each state must implement a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level.

The statewide list will:

• Serve as the single system for storing and managing the official list of registered voters in Maryland;
• Contain the name, registration information, and unique identifier of every legally registered voter in Maryland; and
• Be coordinated with other agency databases in Maryland.

Elections officials will:

• Enter into the computerized list all voter registration information in an expedited manner;
• Perform list maintenance on a regular basis;
• Provide adequate technological security measures to prevent the unauthorized access to the list; and
• Ensure that voter registration records are accurate and updated regularly by removing registrants who are ineligible to vote in manner consistent with federal and State law and ensuring that eligible voters are not removed in error;
• Require that new applicants provide a driver's license number or, if the applicant does not have a driver's license, at least the last four digits of the applicant's social security number (If the applicant does not have a social security number, an election official will assign the applicant an unique identifier.); and
• Match voter registration information against information on file with the Motor Vehicle Administration and Social Security Administration.

Voter Registration Processing Requirements (§ 303)

(Effective: January 1, 2006)

An individual applying to register to vote must provide his or her driver's license number on the voter registration application. If the applicant does not have a driver's license number, he or she must provide at least the last four digits of his or her social security number. If the applicant has neither a driver's license nor a social security number, the applicant must indicate this on the application, and an election official will assign the individual a unique identifying number.

The Act also requires that the State verify the applicant's driver's license number or social security number. This verification will occur with Maryland's Motor Vehicle Administration and the U.S. Social Security Administration.

Requirements for Voters Who Register to Vote by Mail (§ 303)

(Effective: January 1, 2004)

A voter who registers to vote by mail after January 1, 2003, and will be voting for the first time after January 1, 2004, is required to satisfy an identification requirement before voting for the first time. A voter can satisfy the identification requirement by providing either before voting or when voting the first time one of the following:

• The voter's driver's license number, MVA-issued identification card number or at least the last four numbers of the voter's social security number and election officials will attempt to verify this information with MVA;
• A copy of a current and valid photo identification (i.e., Maryland driver's license, MVA-issued identification card, student photo identification card, employee photo identification card);
• A copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the voter?s name and address.

A voter registration application submitted by mail must include a question about citizenship and age.