EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0212*
HOUSE BILL 212
G1 2lr1905
HB 1192/21 – W&M
By: Delegate Parrott
Introduced and read first time: January 13, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Signature Verification of Absentee Ballots and Absentee Ballot 2
Applications and Ballot Canvassing 3
FOR the purpose of establishing requirements and procedures for the verification of 4
signatures on absentee ballot applications and requests and absentee ballots; 5
altering the reasons for which local boards of elections are required to reject absentee 6
and provisional ballots during the canvass; and generally relating to signature 7
verification and the canvassing of ballots. 8
BY repealing and reenacting, with amendments, 9
Article – Election Law 10
Section 9–303, 9–305(a), 9–306, 11–302(d), and 11–303(d)(2) 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Election Law 15
Section 9–310.1 16
Annotated Code of Maryland 17
(2017 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Election Law 20
Section 10–312(a)(2) 21
Annotated Code of Maryland 22
(2017 Replacement Volume and 2021 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Election Law 26 2 HOUSE BILL 212
9–303. 1
(a) The State Board shall establish guidelines for the administration of absentee 2
voting by the local boards. 3
(b) The guidelines shall provide for: 4
(1) the application process; 5
(2) late application for absentee ballots; 6
(3) ballot security, including storage of returned ballots; 7
(4) determining timeliness of receipt of applications and ballots, including 8
applications and ballots for overseas voters; 9
(5) the canvass process; 10
(6) notice of the canvass to candidates, political parties, campaign 11
organizations, news media, and the general public; 12
(7) observers of the process; 13
(8) review of voted ballots and envelopes for compliance with the law and 14
for machine tabulation acceptability; 15
(9) standards for disallowance of ballots during the canvass; 16
(10) storage and retention of ballots following canvass and certification; 17
[and] 18
(11) the permanent absentee ballot list; AND 19
(12) VERIFICATION OF SIGN ATURES ON ABSENTEE B ALLOT 20
APPLICATIONS AND ABS ENTEE BALLOTS . 21
(c) The State Board shall: 22
(1) in consultation with the local boards, assess the guidelines before each 23
primary election; and 24
(2) revise the guidelines if indicated. 25
9–305. 26
HOUSE BILL 212 3
(a) (1) A voter may request an absentee ballot by completing and submitting: 1
[(1)] (I) the State [Board approved] BOARD–APPROVED absentee ballot 2
application; 3
[(2)] (II) a form provided under federal law; 4
[(3)] (III) subject to subsection (b) of this section, a written request that 5
includes: 6
[(i)] 1. the voter’s name, residence address, and signature; and 7
[(ii)] 2. the address to which the ballot is to be mailed, if different 8
from the residence address; or 9
[(4)] (IV) the accessible online absentee ballot application provided by the 10
State Board. 11
(2) THE STATE BOARD–APPROVED ABSENTEE BA LLOT APPLICATION , 12
A WRITTEN REQUEST UN DER PARAGRAPH (1)(III) OF THIS SUBSECTION , AND THE 13
ONLINE ABSENTEE BALLOT APPL ICATION SHALL REQUIR E THE VOTER TO INDIC ATE 14
THE VOTER ’S PREFERRED METHOD T O RECEIVE COMMUNICAT IONS, IN 15
ACCORDANCE WITH § 9–310.1 OF THIS SUBTITLE , FROM AMONG THE FOLLO WING 16
METHODS: 17
(I) MAIL; 18
(II) E–MAIL; OR 19
(III) TEXT MESSAGE. 20
9–306. 21
(a) [Promptly] SUBJECT TO SUBSECTION (B) OF THIS SECTION , PROMPTLY 22
after receipt of an application, the election director shall review the application and 23
determine whether the applicant qualifies to vote by absentee ballot. 24
(B) (1) (I) FOR THE STATE BOARD–APPROVED ABSENTEE BA LLOT 25
APPLICATION, THE FORM PROVIDED UN DER FEDERAL LAW , OR A WRITTEN 26
REQUEST, THE ELECTION DIRECTO R SHALL VERIFY THE S IGNATURE OF A VOTER ON 27
THE APPLICATION , FORM, OR WRITTEN REQUEST B Y COMPARING THE SIGN ATURE 28
WITH THE SIGNATURE ON THE VOTER’S REGISTRATION RECOR D IN ACCORDANCE 29
WITH REGULATIONS ADO PTED BY THE STATE BOARD. 30
(II) THE STATE BOARD SHALL PROVIDE T O EACH LOCAL BOARD 31 4 HOUSE BILL 212
MACHINES REQUIRED TO ELECTRONICALLY VERIF Y SIGNATURES AS REQU IRED IN 1
SUBPARAGRAPH (I) OF THIS PARAGRAPH . 2
(2) (I) IF THE ELECTION DIREC TOR IS UNABLE TO VER IFY A 3
VOTER’S SIGNATURE IN ACCOR DANCE WITH PARAGRAPH (1) OF THIS SUBSECTION , 4
THE LOCAL BOARD SHAL L: 5
1. NOTIFY THE VOTER BY THE VOTER’S PREFERRED 6
METHOD OF COMMUNICAT ION INDICATED IN A CCORDANCE WITH § 9–305 OF THIS 7
SUBTITLE; AND 8
2. DIRECT THE VOTER TO PROVIDE AN ADDITIONA L 9
FORM OF IDENTIFICATI ON IN ACCORDANCE WIT H SUBPARAGRAPH (II) OF THIS 10
PARAGRAPH . 11
(II) ON NOTIFICATION BY TH E LOCAL BOARD UNDER 12
SUBPARAGRAPH (I) OF THIS PARAGR APH, THE VOTER SHALL PROV IDE TO THE 13
LOCAL BOARD A COPY O F ANY OF THE FORMS O F IDENTIFICATION LIS TED IN § 14
10–312 OF THIS ARTICLE. 15
[(b)] (C) If the applicant qualifies to vote by absentee ballot, the local board shall 16
provide the ballot by one of the following methods requested by the voter: 17
(1) mail; 18
(2) facsimile transmission; 19
(3) the Internet; or 20
(4) by hand during an in–person transaction. 21
[(c)] (D) Once ballots are available, the local board shall provide the ballot to a 22
qualified applicant: 23
(1) as soon as practicable after receipt of the request; or 24
(2) immediately for an in–person transaction with a voter or the voter’s 25
duly authorized agent. 26
[(d)] (E) (1) If the members of the local board determine that the applicant is 27
not entitled to vote by absentee ballot, the local board shall notify the applicant as soon as 28
practicable after receipt of the application of the reasons for the rejection. 29
(2) (i) The local board may delegate the determination under 30
paragraph (1) of this subsection to the staff of the local board. 31 HOUSE BILL 212 5
(ii) If the determination has been delegated, the applicant may 1
appeal the rejection to the members of the local board, who shall decide the appeal as 2
expeditiously as practicable. 3
[(e)] (F) Not more than one absentee ballot may be issued to a voter unless the 4
election director of the local board has reasonable grounds to believe that an absentee ballot 5
previously issued to the voter has been lost, destroyed, or spoiled. 6
9–310.1. 7
(A) AN ABSENTEE BALLOT CAST IN ACCORDANCE W ITH THIS SUBTITLE 8
SHALL BE COUNTED ONL Y IF: 9
(1) THE RETURN IDENTIFIC ATION ENVELOPE IS SI GNED BY THE 10
VOTER TO WHOM THE BA LLOT WAS ISSUED ; AND 11
(2) THE SIGNATURE IS VER IFIED AS PROVIDED IN SUBSECTION (C) OF 12
THIS SECTION. 13
(B) IF A VOTER IS UNABLE TO P ROVIDE A SIGNATURE T HAT MATCHES THE 14
SIGNATURE ON THE VOT ER’S REGISTRATION RECOR D, THE VOTER SHALL IDEN TIFY 15
THE REASON WHY THE P ROVIDED SIGNATURE IS INCONSISTENT WITH TH E 16
SIGNATURE ON RECORD . 17
(C) (1) EACH LOCAL BOARD SHAL L VERIFY THE SIGNATURE OF A VOTER 18
ON THE RETURN IDENTI FICATION ENVELOPE BY COMPARING THE SIGNAT URE WITH 19
THE SIGNATURE ON THE VOTER’S REGISTRATION RECOR D IN ACCORDANCE WITH 20
REGULATIONS ADOPTED BY THE STATE BOARD. 21
(2) THE STATE BOARD SHALL PROVIDE T O EACH LOCAL BOARD 22
MACHINES REQUIRED TO ELECTRONICALLY VERIF Y SIGNATURES AS REQU IRED IN 23
PARAGRAPH (1) OF THIS SUBSECTION . 24
(D) (1) IF THE LOCAL BOARD IS UNABLE TO VERIFY A V OTER’S 25
SIGNATURE IN ACCORDA NCE WITH THIS SECTIO N, THE LOCAL BOARD SHAL L: 26
(I) NOTIFY THE VOTER BY THE VOTER’S PREFERRED METHOD 27
OF COMMUNICATION IND ICATED IN ACCORDANCE WITH § 9–305 OF THIS SUBTITLE ; 28
AND 29
(II) DIRECT THE VOTER EIT HER: 30
1. TO PROVIDE AN ADDITI ONAL FORM OF 31 6 HOUSE BILL 212
IDENTIFICATION IN AC CORDANCE WITH PARAGR APH (2) OF THIS SUBSECTION ; OR 1
2. TO VOTE IN PERSON . 2
(2) ON NOTIFICATION BY TH E LOCAL BOARD UNDER PARAGRAPH (1) 3
OF THIS SUBSECTION , FOR THE VOTER ’S ABSENTEE BALLOT TO BE COUNTED , THE 4
VOTER MUST PROVIDE T O THE LOCAL BOARD A COPY OF ANY OF THE F ORMS OF 5
IDENTIFICATION LISTE D IN § 10–312 OF THIS ARTICLE. 6
(E) THE STATE BOARD SHALL ADOPT REG ULATIONS TO CARRY OU T THIS 7
SECTION. 8
10–312. 9
(a) (2) An individual whose right to vote is challenged at the polls may 10
establish the individual’s identity by presenting any of the following forms of identification: 11
(i) the individual’s voter registration card; 12
(ii) the individual’s Social Security card; 13
(iii) the individual’s valid Maryland driver’s license; 14
(iv) any identification card issued to the individual by a political 15
subdivision of the State, the State, the federal government, or any unit of a political 16
subdivision of the State, the State, or the federal government; 17
(v) any employee identification card of the individual that contains 18
a photograph of the individual and is issued by the employer of the individual in the 19
ordinary course of the employer’s business; or 20
(vi) a copy of a current bill, bank statement, government check, 21
paycheck, or other government document that shows the name and current address of the 22
individual. 23
11–302. 24
(d) (1) The State Board shall adopt regulations that reflect the policy that the 25
clarity of the intent of the voter is the overriding consideration in determining the validity 26
of an absentee ballot or the vote cast in a particular contest. 27
(2) A local board may not reject an absentee ballot except by unanimous 28
vote and in accordance with regulations of the State Board. 29
(3) The local board shall reject an absentee ballot if: 30
HOUSE BILL 212 7
(i) the voter failed to sign the oath on the ballot envelope; 1
(ii) the local board received more than one ballot from the same 2
individual for the same election in the same ballot envelope; [or] 3
(iii) the local board determines that an absentee ballot is 4
intentionally marked with an identifying mark that is clearly evident and placed on the 5
ballot for the purpose of identifying the ballot; OR 6
(IV) THE LOCAL BOARD DETE RMINES THAT THE VOTE R VOTED 7
IN PERSON AT A POLLI NG PLACE IN THE SAME ELECTION. 8
(4) If the local board receives more than one legally sufficient ballot, in 9
separate envelopes, from the same individual, the local board shall: 10
(i) count only the ballot with the latest properly signed oath; and 11
(ii) reject any other ballot. 12
(5) If the intent of the voter is not clearly demonstrated, the local board 13
shall reject only the vote for that office or question. 14
(6) If an absentee voter casts a vote for an individual who has ceased to be 15
a candidate, the vote for that candidate may not be counted, but that vote does not 16
invalidate the remainder of the ballot. 17
11–303. 18
(d) (2) (I) The local board shall reject a provisional ballot if: 19
[(i)] 1. pursuant to paragraph (4) of this subsection, the local 20
board determines that the individual who cast the provisional ballot is not qualified to vote 21
that provisional ballot; 22
[(ii)] 2. the individual failed to sign the oath on the provisional 23
ballot application; 24
[(iii)] 3. EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 25
PARAGRAPH , the individual cast more than one ballot for the same election; or 26
[(iv)] 4. the local board determines that a provisional ballot is 27
intentionally marked with an identifying mark that is clearly evident and placed on the 28
ballot for the purpose of identifying the ballot. 29
(II) IF A VOTER’S ABSENTEE BALLOT IS REJEC TED UNDER § 30
11–302(D)(3)(IV) OF THIS SUBTITLE , THE VOTER’S PROVISIONAL BALLOT MAY NOT 31 8 HOUSE BILL 212
BE REJECTED BECAUSE THE VOTER CAST MORE THAN ONE BALLOT FOR THE SAME 1
ELECTION. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effec t 3
January 1, 2024. 4