Maryland 2022 2022 Regular Session

Maryland House Bill HB554 Introduced / Bill

Filed 02/01/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0554*  
  
HOUSE BILL 554 
G1   	2lr1843 
      
By: Delegate Rosenberg 
Introduced and read first time: January 31, 2022 
Assigned to: Ways and Means 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Election Law – Petitions – Signatures 2 
 
FOR the purpose of altering the manner in which an individual is required to sign a 3 
petition; altering the circumstances under which signatures on a petition must be 4 
validated and counted or invalidated; repealing the prohibition on a person willfully 5 
and knowingly signing a petition more than once; and generally relating to 6 
signatures on petitions. 7 
 
BY repealing and reenacting, with amendments, 8 
 Article – Election Law 9 
Section 6–203 and 16–401 10 
 Annotated Code of Maryland 11 
 (2017 Replacement Volume and 2021 Supplement) 12 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 
That the Laws of Maryland read as follows: 14 
 
Article – Election Law 15 
 
6–203. 16 
 
 (a) To sign a petition, an individual shall: 17 
 
 (1) sign the individual’s name [as it appears on the statewide voter 18 
registration list or the individual’s surname of registration and at least one full given name 19 
and the initials of any other names] IN INK; and 20 
 
 (2) include the following information, printed or typed, in the spaces 21 
provided: 22 
  2 	HOUSE BILL 554  
 
 
 (i) the signer’s name as it was signed; 1 
 
 (ii) the signer’s address; 2 
 
 (iii) the date of signing; and 3 
 
 (iv) other information required by regulations adopted by the State 4 
Board. 5 
 
 (b) The signature of an individual shall be validated and counted if: 6 
 
 (1) the requirements of subsection (a) of this section have been satisfied; 7 
 
 (2) THE IDENTITY OF THE INDIVIDUAL REASONABL Y CAN BE 8 
DETERMINED USING THE INFORMATION REQUIRED UNDER SUBSECTION (A) OF THIS 9 
SECTION;  10 
 
 [(2)] (3) the individual is a registered voter assigned to the county 11 
specified on the signature page and, if applicable, in a particular geographic area of the 12 
county; 13 
 
 [(3) the individual has not previously signed the same petition;] 14 
 
 (4) the signature is attested by an affidavit appearing on the page on which 15 
the signature appears; 16 
 
 (5) the date accompanying the signature is not later than the date of the 17 
affidavit on the page; and 18 
 
 (6) if applicable, the signature was affixed within the requisite period of 19 
time, as specified by law. 20 
 
 (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 21 
THE ELECTION AUTHORI TY REASONABLY CAN CO NFIRM THE IDENTITY OF AN 22 
INDIVIDUAL, THE ELECTION AUTHORI TY MAY NOT INVALIDAT E THE INDIVIDUAL’S 23 
SIGNATURE BECAUSE TH E INDIVIDUAL SIGNED A PETITION USING A DER IVATIVE OF 24 
THE INDIVIDUAL ’S GIVEN NAME.  25 
 
 (2) IF AN INDIVIDUAL’S SURNAME ON A PETIT ION DOES NOT EXACTLY 26 
MATCH THE INDIVIDUAL ’S SURNAME AS IT APPEAR S IN THE INDIVIDUAL ’S VOTER 27 
REGISTRATION RECORD , THE ELECTION AUTHORITY S HALL INVALIDATE THE 28 
INDIVIDUAL’S SIGNATURE.  29 
 
 (D) IF AN INDIVIDUAL SIGN S THE SAME PETITION MORE THAN ONCE : 30 
   	HOUSE BILL 554 	3 
 
 
 (1) THE FIRST SIGNATURE OF THAT INDIVIDUAL TO BE VALIDATED 1 
SHALL BE COUNTED ; AND  2 
 
 (2) ANY SUBSEQUENT SIGNA TURE OF THAT INDIVIDUAL ON THE SAME 3 
PETITION SHALL BE INVALIDATED .  4 
 
 [(c)] (E) (1) A signature may be removed: 5 
 
 (i) by the signer upon written application to the election authority 6 
with which the petition will be filed if the application is received by the election authority 7 
prior to the filing of that signature; or 8 
 
 (ii) prior to the filing of that signature, by the circulator who attested 9 
to that signature or by the sponsor of the petition, if it is concluded that the signature does 10 
not satisfy the requirements of this title. 11 
 
 (2) A signature removed pursuant to paragraph (1)(ii) of this subsection 12 
may not be included in the number of signatures stated on the information page included 13 
in the petition. 14 
 
16–401. 15 
 
 (a) A person may not willfully and knowingly: 16 
 
 (1) give, transfer, promise, or offer anything of value for the purpose of 17 
inducing another person to sign or not sign any petition; 18 
 
 (2) request, receive, or agree to receive, anything of value as an inducement 19 
to sign or not to sign any petition; 20 
 
 (3) misrepresent any fact for the purpose of inducing another person to sign 21 
or not to sign any petition; 22 
 
 (4) sign the name of any other person to a petition; 23 
 
 (5) falsify any signature or purported signature to a petition; 24 
 
 (6) obtain, or attempt to obtain, any signature to a petition by fraud, 25 
duress, or force; 26 
 
 (7) circulate, cause to be circulated, or file with an election authority a 27 
petition that contains any false, forged, or fictitious signatures; 28 
 
 (8) sign a petition that the person is not legally qualified to sign; OR 29 
 
 (9) [sign a petition more than once; or 30  4 	HOUSE BILL 554  
 
 
 
 (10)] alter any petition after it is filed with the election authority. 1 
 
 (b) Each violation of this section shall be considered a separate offense. 2 
 
 (c) A person who violates this section is guilty of a misdemeanor and is subject to 3 
the penalties provided in Subtitle 10 of this title. 4 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 
January 1, 2023. 6