§ 9-404. Requirements for casting provisional ballots.

   (a) In general. -- If an individual is eligible under subsection (b) of this section, the individual shall be issued and may cast a provisional ballot:

   (1) at a polling place on election day;

   (2) at an early voting center during early voting; or

   (3) at the local board office in the county where the individual resides after the close of registration and before the closing of the polls on election day.

(b) Eligibility. -- An individual is eligible to cast a provisional ballot if:

   (1) the individual declares in a written affirmation submitted with the provisional ballot that the individual is a registered voter in the State and is eligible to vote in that election; and

   (2) (i) the individual's name does not appear on the election register;

      (ii) an election official asserts that the individual is not eligible to vote; or

      (iii) the individual does not have the necessary identification.

(c) Under court order. -- In addition to the individuals who cast provisional ballots under subsections (a) and (b) of this section, any individual who appears to vote during a period covered by a court order or other order extending the time for closing the polls shall cast a provisional ballot. A provisional ballot cast under this subsection shall be separated and held apart from other provisional ballots cast by those not affected by the order.

HISTORY: An. Code 1957, art. 33, § 9-404; 2002, ch. 291, § 2, 4; 2003, ch. 379, § 2; 2009, ch. 445, § 3.