Section 11-304 - Rejected absentee ballot; appeal. - Maryland Statutes

§ 11-304. Rejected absentee ballot; appeal.
 

(a)  Right of appeal.- A candidate or absentee voter aggrieved by the decision of a local board to reject, or not to reject, an absentee ballot shall have the right of appeal to the circuit court for the county. 

(b)  Time of filing.- The appeal must be filed within 5 days from the date of the completion of the official canvass by the board of all the votes cast at the election. 

(c)  Procedures.- The appeal shall be heard de novo, without a jury, as soon as possible. 

(d)  Appeal to Court of Special Appeals.-  

(1) The decision of the circuit court may be appealed to the Court of Special Appeals, provided the appeal is taken within 48 hours from the entry of the decision of the circuit court. 

(2) The appeal shall be heard and decided on the original papers, including a written transcript of the testimony taken in the case. 

(3) The original papers and the transcript shall be transmitted to the Court of Special Appeals within 5 days from the taking of the appeal, and the appeal shall be heard as soon as possible. 
 

[An. Code 1957, art. 33, § 11-303(a)-(d)(3); 2002, ch. 291, §§ 2, 4.]