Section 3-602 - Administrative complaint. - Maryland Statutes

§ 3-602. Administrative complaint.
 

(a)  In general.- Under the procedures established by the State Board, an administrative complaint may be filed by: 

(1) a person who feels aggrieved by an action of a local board regarding voter registration; or 

(2) a local board with reason to believe that a registration has been erroneously added to or omitted from the statewide voter registration list other than by clerical error. 

(b)  Presumption of residency.- In determining whether an individual is or is not a resident of an election district or precinct, the presumption shall be that an individual shown to have acquired a residence in one locality retains that residence until it is affirmatively shown that the individual has acquired a residence elsewhere. 

(c)  Judicial review.-  

(1) Except as provided in paragraph (2) of this subsection, a final determination issued under the administrative complaint procedures established by the State Board is not subject to judicial review. 

(2) Any final determination regarding the eligibility of an individual to register to vote or remain registered to vote is subject to judicial review. 

(i) 1. A petition for judicial review shall be filed with the Circuit Court for Anne Arundel County. 

2. The petition may be brought at any time, except that it may not be later than the third Tuesday preceding the next succeeding election. 

(ii) 1. The court, on presentation of satisfactory evidence, may, in its discretion, dispose of the matter summarily or otherwise set the matter for hearing. 

2. On appropriate order of the court, the State Board shall make the required corrections. 

(d)  Appeal.-  

(1) An appeal may be taken from any ruling of the circuit court to the Court of Special Appeals. 

(2) The appeal shall be taken within 5 days from the date of the decision by the circuit court, and the appeal shall be heard and decided by the Court of Special Appeals as soon after the transmission of the record as practicable. 
 

[2005, ch. 572, § 1; 2006, ch. 354.]