Maryland 2022 Regular Session

Maryland House Bill HB554 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0554
6	6
7	7	HOUSE BILL 554
8	8	G1 2lr1843
9	9
10	10	By: Delegate Rosenberg
11	11	Introduced and read first time: January 31, 2022
12	12	Assigned to: Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Election Law – Petitions – Signatures 2
19	19
20	20	FOR the purpose of altering the manner in which an individual is required to sign a 3
21	21	petition; altering the circumstances under which signatures on a petition must be 4
22	22	validated and counted or invalidated; repealing the prohibition on a person willfully 5
23	23	and knowingly signing a petition more than once; and generally relating to 6
24	24	signatures on petitions. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Election Law 9
28	28	Section 6–203 and 16–401 10
29	29	Annotated Code of Maryland 11
30	30	(2017 Replacement Volume and 2021 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Election Law 15
36	36
37	37	6–203. 16
38	38
39	39	(a) To sign a petition, an individual shall: 17
40	40
41	41	(1) sign the individual’s name [as it appears on the statewide voter 18
42	42	registration list or the individual’s surname of registration and at least one full given name 19
43	43	and the initials of any other names] IN INK; and 20
44	44
45	45	(2) include the following information, printed or typed, in the spaces 21
46	46	provided: 22
47	47	2 HOUSE BILL 554
48	48
49	49
50	50	(i) the signer’s name as it was signed; 1
51	51
52	52	(ii) the signer’s address; 2
53	53
54	54	(iii) the date of signing; and 3
55	55
56	56	(iv) other information required by regulations adopted by the State 4
57	57	Board. 5
58	58
59	59	(b) The signature of an individual shall be validated and counted if: 6
60	60
61	61	(1) the requirements of subsection (a) of this section have been satisfied; 7
62	62
63	63	(2) THE IDENTITY OF THE INDIVIDUAL REASONABL Y CAN BE 8
64	64	DETERMINED USING THE INFORMATION REQUIRED UNDER SUBSECTION (A) OF THIS 9
65	65	SECTION; 10
66	66
67	67	[(2)] (3) the individual is a registered voter assigned to the county 11
68	68	specified on the signature page and, if applicable, in a particular geographic area of the 12
69	69	county; 13
70	70
71	71	[(3) the individual has not previously signed the same petition;] 14
72	72
73	73	(4) the signature is attested by an affidavit appearing on the page on which 15
74	74	the signature appears; 16
75	75
76	76	(5) the date accompanying the signature is not later than the date of the 17
77	77	affidavit on the page; and 18
78	78
79	79	(6) if applicable, the signature was affixed within the requisite period of 19
80	80	time, as specified by law. 20
81	81
82	82	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 21
83	83	THE ELECTION AUTHORI TY REASONABLY CAN CO NFIRM THE IDENTITY OF AN 22
84	84	INDIVIDUAL, THE ELECTION AUTHORI TY MAY NOT INVALIDAT E THE INDIVIDUAL’S 23
85	85	SIGNATURE BECAUSE TH E INDIVIDUAL SIGNED A PETITION USING A DER IVATIVE OF 24
86	86	THE INDIVIDUAL ’S GIVEN NAME. 25
87	87
88	88	(2) IF AN INDIVIDUAL’S SURNAME ON A PETIT ION DOES NOT EXACTLY 26
89	89	MATCH THE INDIVIDUAL ’S SURNAME AS IT APPEAR S IN THE INDIVIDUAL ’S VOTER 27
90	90	REGISTRATION RECORD , THE ELECTION AUTHORITY S HALL INVALIDATE THE 28
91	91	INDIVIDUAL’S SIGNATURE. 29
92	92
93	93	(D) IF AN INDIVIDUAL SIGN S THE SAME PETITION MORE THAN ONCE : 30
94	94	HOUSE BILL 554 3
95	95
96	96
97	97	(1) THE FIRST SIGNATURE OF THAT INDIVIDUAL TO BE VALIDATED 1
98	98	SHALL BE COUNTED ; AND 2
99	99
100	100	(2) ANY SUBSEQUENT SIGNA TURE OF THAT INDIVIDUAL ON THE SAME 3
101	101	PETITION SHALL BE INVALIDATED . 4
102	102
103	103	[(c)] (E) (1) A signature may be removed: 5
104	104
105	105	(i) by the signer upon written application to the election authority 6
106	106	with which the petition will be filed if the application is received by the election authority 7
107	107	prior to the filing of that signature; or 8
108	108
109	109	(ii) prior to the filing of that signature, by the circulator who attested 9
110	110	to that signature or by the sponsor of the petition, if it is concluded that the signature does 10
111	111	not satisfy the requirements of this title. 11
112	112
113	113	(2) A signature removed pursuant to paragraph (1)(ii) of this subsection 12
114	114	may not be included in the number of signatures stated on the information page included 13
115	115	in the petition. 14
116	116
117	117	16–401. 15
118	118
119	119	(a) A person may not willfully and knowingly: 16
120	120
121	121	(1) give, transfer, promise, or offer anything of value for the purpose of 17
122	122	inducing another person to sign or not sign any petition; 18
123	123
124	124	(2) request, receive, or agree to receive, anything of value as an inducement 19
125	125	to sign or not to sign any petition; 20
126	126
127	127	(3) misrepresent any fact for the purpose of inducing another person to sign 21
128	128	or not to sign any petition; 22
129	129
130	130	(4) sign the name of any other person to a petition; 23
131	131
132	132	(5) falsify any signature or purported signature to a petition; 24
133	133
134	134	(6) obtain, or attempt to obtain, any signature to a petition by fraud, 25
135	135	duress, or force; 26
136	136
137	137	(7) circulate, cause to be circulated, or file with an election authority a 27
138	138	petition that contains any false, forged, or fictitious signatures; 28
139	139
140	140	(8) sign a petition that the person is not legally qualified to sign; OR 29
141	141
142	142	(9) [sign a petition more than once; or 30 4 HOUSE BILL 554
143	143
144	144
145	145
146	146	(10)] alter any petition after it is filed with the election authority. 1
147	147
148	148	(b) Each violation of this section shall be considered a separate offense. 2
149	149
150	150	(c) A person who violates this section is guilty of a misdemeanor and is subject to 3
151	151	the penalties provided in Subtitle 10 of this title. 4
152	152
153	153	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
154	154	January 1, 2023. 6