EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 8, 2022
CHAPTER ______
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 7
Article – Election Law 8
Section 11–302(d)(4) 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Election Law 13
Section 11–302(d)(4) 11–302(d)(5) and (6) and 11–303(d)(2) 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Election Law 18
Section 11–303.2 19
Annotated Code of Maryland 20
(2017 Replacement Volume and 2021 Supplement) 21
2 HOUSE BILL 862
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Election Law 3
11–302. 4
(d) (4) (I) If the local board receives more than one legally sufficient 5
ABSENTEE ballot, in separate envelopes, from the same individual, the local board shall: 6
[(i)] 1. count only the [ballot with the latest properly signed oath] 7
FIRST LEGALLY SUFFIC IENT ABSENTEE BALLOT RECEIVED; and 8
[(ii)] 2. reject any other ABSENTEE ballot. 9
[(5)] (4) If the intent of the voter is not clearly demonstrated, the local 10
board shall reject only the vote for that office or question. 11
[(6)] (5) If an absentee voter casts a vote for an individual who has ceased 12
to be a candidate, the vote for that candidate may not be counted, but that vote does not 13
invalidate the remainder of the ballot. 14
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 15
PARAGRAPH , IF THE LOCAL BOARD R ECEIVES A LEGALLY SU FFICIENT ABSENTEE 16
BALLOT AND A PROVISI ONAL BALLOT FROM THE SAME INDIVIDUAL, THE LOCAL 17
BOARD SHALL : 18
1. COUNT THE ABSENTEE B ALLOT; AND 19
2. REJECT THE PROVISION AL BALLOT. 20
(III) IF THE LOCAL BOARD RE CEIVES A LEGALLY SUF FICIENT 21
ABSENTEE BALLOT AFTE R A PROVISIONAL BALL OT FROM THE SAME VOT ER HAS 22
BEEN CANVASSED , THE LOCAL BOARD SHAL L REJECT THE ABSENTE E BALLOT. 23
11–303. 24
(d) (2) The local board shall reject a provisional ballot if: 25
(i) pursuant to paragraph (4) of this subsection, the local board 26
determines that the individual who cast the provisional ballot is not qualified to vote that 27
provisional ballot; 28
(ii) the individual failed to sign the oath on the provisional ballot 29
application; OR 30
HOUSE BILL 862 3
(iii) EXCEPT AS PROVIDED I N § 11–302(D)(4)(III) OF THIS 1
SUBTITLE, the individual cast more than one ballot for the same election; or 2
(iv) the local board determines that a provisional ballot is 3
intentionally marked with an identifying mark that is clearly evident and placed on the 4
ballot for the purpose of identifying the ballot. 5
11–303.2. 6
IF A LOCAL BOARD R ECEIVES MORE THAN ON E BALLOT, IN SEPARATE 7
ENVELOPES, FROM THE SAME INDIVI DUAL, THE LOCAL BOARD SHAL L: 8
(1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT IS 9
DETERMINED TO BE LEG ALLY SUFFICIENT ; AND 10
(2) REJECT ANY OTHER BAL LOT. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12
1, 2022. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.