EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0862*
HOUSE BILL 862
G1 2lr2165
HB 1068/21 – W&M
By: Delegate Feldmark
Introduced and read first time: February 7, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Ballot Canvassing – Multiple Ballots Cast by an Individual 2
FOR the purpose of altering the procedures for canvassing absentee and provisional ballots 3
when more than one ballot is cast by the same individual in the same election; and 4
generally relating to canvassing multiple ballots cast by an individual in the same 5
election. 6
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 11–302(d)(4) and 11–303(d)(2) 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
11–302. 15
(d) (4) (I) If the local board receives more than one legally sufficient 16
ABSENTEE ballot, in separate envelopes, from the same individual, the local board shall: 17
[(i)] 1. count only the [ballot with the latest properly signed oath] 18
FIRST LEGALLY SUFFIC IENT ABSENTE E BALLOT RECEIVED ; and 19
[(ii)] 2. reject any other ABSENTEE ballot. 20
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 21
PARAGRAPH , IF THE LOCAL BOARD RECE IVES A LEGALLY SUFFI CIENT ABSENTEE 22 2 HOUSE BILL 862
BALLOT AND A PROVISI ONAL BALLOT FROM THE SAME INDIVIDUAL , THE LOCAL 1
BOARD SHALL : 2
1. COUNT THE ABSENTEE B ALLOT; AND 3
2. REJECT THE PROVISION AL BALLOT. 4
(III) IF THE LOCAL BOARD RE CEIVES A LEGALLY SUFFICIENT 5
ABSENTEE BALLOT AFTE R A PROVISIONAL BALL OT FROM THE SAME VOTER HAS 6
BEEN CANVASSED , THE LOCAL BOARD SHALL REJECT THE ABSENTEE BALLOT. 7
11–303. 8
(d) (2) The local board shall reject a provisional ballot if: 9
(i) pursuant to paragraph (4) of this subsection, the local board 10
determines that the individual who cast the provisional ballot is not qualified to vote that 11
provisional ballot; 12
(ii) the individual failed to sign the oath on the provisional ballot 13
application; 14
(iii) EXCEPT AS PROVIDED I N § 11–302(D)(4)(III) OF THIS 15
SUBTITLE, the individual cast more than one ballot for the same election; or 16
(iv) the local board determines that a provisional ballot is 17
intentionally marked with an identifying mark that is clearly evident and placed on the 18
ballot for the purpose of identifying the ballot. 19
SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act shall take effect June 20
1, 2022. 21