EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1172*
HOUSE BILL 1172
G1 2lr1440
HB 746/21 – W&M
By: Delegates Wivell, Adams, Arikan, Beitzel, Boteler, Buckel, Chisholm,
M. Fisher, Grammer, Griffith, Hartman, Hornberger, Howard, Jacobs,
Kittleman, Krebs, Mangione, Mautz, McComas, McKay, Morgan, Otto,
Pippy, Reilly, Rose, Saab, Shoemaker, Szeliga, and Thiam
Introduced and read first time: February 11, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Absentee Ballot Envelopes – Party Affiliation 2
FOR the purpose of prohibiting absentee ballot envelopes, ballot/return envelopes, return 3
envelopes, and envelope templates from including language or information that 4
visibly identifies the party affiliation of the voter; and generally relating to absentee 5
ballot envelopes. 6
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 9–310 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Election Law 14
9–310. 15
(a) (1) This subsection applies only to an absentee ballot that is sent by mail. 16
(2) (i) 1. An absentee ballot shall be enclosed in specially printed 17
envelopes, the form and content of which shall be prescribed by the State Board. 18
2. THE FORM AND CONTENT PRESCRIBED UNDER 19
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY NOT INCLUDE LANG UAGE OR 20 2 HOUSE BILL 1172
INFORMATION THAT VISIBLY ID ENTIFIES THE PARTY A FFILIATION OF THE VO TER. 1
(ii) The outgoing envelope shall include a statement, prominently 2
placed, requesting that the recipient return the absentee ballot to the local board if the 3
intended recipient no longer lives at that address. 4
(3) (i) A local board may use either two envelopes or three envelopes. 5
(ii) If two envelopes are used, the inner envelope shall be designated 6
the “ballot/return envelope”, and, when issued, it shall fit inside the envelope designated 7
the “outgoing envelope”. 8
(iii) If three envelopes are used, the innermost envelope shall be 9
designated the “ballot envelope”, which shall fit inside the envelope designated the “return 10
envelope”, both of which, when issued, shall fit inside the envelope designated the “outgoing 11
envelope”. 12
(iv) The ballot/return envelope described under subparagraph (ii) of 13
this paragraph and the return envelope described under subparagraph (iii) of this 14
paragraph provided to a voter voting by absentee ballot: 15
1. shall include prepaid postage; AND 16
2. MAY NOT INCLUDE LANG UAGE OR INFORMATION 17
THAT VISIBLY IDENTIF IES THE PARTY AFFILI ATION OF THE VOTER . 18
(4) (i) An absentee ballot shall be accompanied by instructions for 19
postage of the ballot/return envelope or the return envelope. 20
(ii) The instructions for postage shall include: 21
1. a statement that the ballot/return envelope or return 22
envelope includes prepaid postage and may be mailed as is; and 23
2. directions for how a voter may attach postage for the 24
purpose of reducing the costs of the local board. 25
(5) When voted and returned to the local board, an absentee ballot shall be 26
enclosed in a ballot envelope or ballot/return envelope, on which has been printed an oath 27
prescribed by the State Board. 28
(b) The State Board shall reimburse each local board for 50% of the cost of prepaid 29
postage included on ballot/return envelopes or return envelopes provided to a voter voting 30
by absentee ballot under subsection [(a)(3)(iv)] (A)(3)(IV)1 of this section. 31
(c) (1) If an absentee ballot is sent by the Internet or facsimile transmission, 32 HOUSE BILL 1172 3
the local board shall provide the voter with an envelope template, the oath prescribed by 1
the State Board, and instructions for marking and returning the absentee ballot. 2
(2) AN ENVELOPE TEMPLATE PROVIDED UNDER PARAG RAPH (1) OF 3
THIS SUBSECTION MAY NOT INCLUDE LANGUAGE OR INFORMATION THAT VISIBLY 4
IDENTIFIES THE PARTY AFFILIATION OF THE V OTER. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 6
1, 2022. 7