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.
Italics indicate opposite chamber/conference committee amendments.
*hb0862*
HOUSE BILL 862
G1 EMERGENCY BILL (2lr2165)
ENROLLED BILL
— Ways and Means/Education, Health, and Environmental Affairs —
Introduced by Delegate Feldmark
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Election Law – Ballot Canvassing – Multiple Ballots Cast by an Individual 2
Ballots – Processing and Reporting Procedures 3
FOR the purpose of altering the procedures for canvassing of and curing of errors on 4
absentee and provisional ballots when more than one ballot is cast by the same 5
individual in the same election; and generally relating to canvassing multiple ballots 6
cast by an individual in the same election; repealing the requirements that a certain 7
statement of election results be by precinct and that the local boards of elections 8
publish copies of the complete election results in a certain manner; requiring that a 9
certain report of election results by the State Board of Elections be reported by 10
precinct, including reports of the early, absentee, and provisional vote; and generally 11
relating to ballot processing and reporting procedures. 12
BY repealing 13
Article – Election Law 14 2 HOUSE BILL 862
Section 11–302(d)(4) 1
Annotated Code of Maryland 2
(2017 Replacement Volume and 2021 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Election Law 5
Section 11–302(d)(4) 11–302(d)(5) and (6) and 11–303(d)(2) Section 11–101, 11–302, 6
11–303(d), and 11–402 7
Annotated Code of Maryland 8
(2017 Replacement Volume and 2021 Supplement) 9
BY adding to 10
Article – Election Law 11
Section 11–303.2 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Election Law 17
11–101. 18
(a) In this title the following words have the meanings indicated. 19
(b) “Board of canvassers” means the local board of elections in a county after the 20
local board organizes itself for the purpose of canvassing the vote [after] FOR an election in 21
that county. 22
(c) (1) “Canvass” means the entire process of vote tallying, vote tabulation, and 23
vote verification [or audit], culminating in the production and certification of the official 24
election results. 25
(2) For absentee ballots, the “canvass” includes the opening of any envelope 26
accompanying an absentee ballot and the assembly and review of absentee ballots in 27
preparation for vote tallying. 28
(3) For provisional ballots, the “canvass” includes the review of the 29
provisional ballot applications described in § 11–303 of this title and the assembly and 30
review of provisional ballots in preparation for vote tallying. 31
(4) For votes cast during early voting, the “canvass” includes the tabulation 32
of votes cast during early voting. 33
(5) For votes cast in a special election conducted by mail under Title 9, 34
Subtitle 5 of this article, the “canvass” includes: 35 HOUSE BILL 862 3
(i) the opening of any envelope accompanying a vote–by–mail ballot 1
and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; and 2
(ii) the tabulation of vote–by–mail ballots. 3
(d) “Counting center” means one or more central locations designated by a local 4
board to conduct the canvass. 5
(e) “Removable data storage device” means a read–only memory device that is 6
programmed to record votes as they are cast on an electronic voting system. 7
(f) (1) “Unofficial returns” means [a] vote [tabulation] TOTALS reported on 8
election night after the polls close. 9
(2) “Unofficial returns” does not include [the absentee ballot count or] the 10
provisional ballot count. 11
(g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast by 12
individual voters to produce vote totals at any level. 13
(h) “Vote tallying” means the recording of votes cast by individual voters on a 14
certified voting system [whether done by: 15
(1) a mechanical lever voting machine; 16
(2) an electronic voting device; or 17
(3) making marks manually on a tally sheet]. 18
11–302. 19
(a) (1) [Following an election, each] EACH local board shall meet at its 20
designated counting center to canvass the absentee ballots cast in that election in accordance 21
with the regulations and guidelines established by the State Board. 22
(2) PROMPTLY AFTER RECEIP T OF AN ABSENTEE BALLO T, A LOCAL 23
BOARD SHALL REVIEW T HE BALLOT ENVELOPE O R BALLOT/RETURN ENVELOPE FOR 24
THE OMISSION OF THE VOTER’S SIGNATURE ON THE O ATH. 25
(b) (1) [A] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION A ND 26
EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION, A local board may not 27
[open] ACCEPT, REJECT, OPEN, OR PROCESS any [envelope of an] absentee ballot [prior 28
to] BEFORE 8 a.m. on the [Wednesday following election day] DAY THAT IS 8 BUSINESS 29
DAYS BEFORE THE FIRS T DAY OF EARLY VOTIN G. 30
4 HOUSE BILL 862
(2) A local board may not delay the commencement of the canvass to await 1
the receipt of late–arriving, timely absentee ballots. 2
(3) A LOCAL BOARD OR AN EM PLOYEE OF A LOCAL BOARD MAY NOT 3
TABULATE ABSENTEE BALLOT VOTE TOTALS B EFORE THE POLLS CLOS E ON 4
ELECTION DAY. 5
(c) (1) An absentee ballot shall be deemed timely received if it is received in 6
accordance with the regulations and guidelines established by the State Board. 7
(2) An absentee ballot that is received after the deadline specified by the 8
regulations and guidelines may not be counted. 9
(d) (1) The State Board shall adopt regulations that reflect the policy that the 10
clarity of the intent of the voter is the overriding consideration in determining the validity 11
of an absentee ballot or the vote cast in a particular contest. 12
(2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 13
not reject an absentee ballot except by unanimous vote and in accordance with regulations 14
of the State Board. 15
(3) The local board shall reject an absentee ballot if: 16
(i) the voter failed to sign the oath on the ballot envelope OR 17
BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFOR E 10 18
A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY; 19
(ii) the local board received more than one ballot from the same 20
individual for the same election in the same ballot envelope; or 21
(iii) the local board determines that an absentee ballot is intentionally 22
marked with an identifying mark that is clearly evident and placed on the ballot for the 23
purpose of identifying the ballot. 24
(4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 25
REQUIRING A LOCAL BO ARD TO: 26
1. AS SOON AS PRACTICAB LE BUT NOT LATER THA N 3 27
BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETERMINED TH AT A VOTER 28
FAILED TO SIGN THE O ATH ON THE BALLOT EN VELOPE OR BALLOT /RETURN 29
ENVELOPE, NOTIFY THE VOTER OF THE FAILURE; AND 30
2. PROVIDE THE VOTER AN OPPORTUNITY TO CORRE CT 31
THE OMISSION AND HAV E THE BALLOT COUNTED. 32
HOUSE BILL 862 5
(II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 1
A VOTER TO: 2
1. SUPPLY A SIGNATURE T O THE LOCAL BOARD 3
THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y E–MAIL OR, BEGINNING JUNE 1, 4
2023, MOBILE TELEPHONE , IF THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT 5
ENVELOPE OR BALLOT /RETURN ENVELOPE ; AND 6
2. CHOOSE AMONG MULTIPL E METHODS OF 7
COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE 8
OATH ON THE BALLOT E NVELOPE OR BALLOT /RETURN ENVELOPE , INCLUDING: 9
A. E–MAIL; 10
B. A MAILED FORM ; 11
C. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE ; 12
AND 13
D. BEGINNING JUNE 1, 2023, TEXT MESSAGE AND AN 14
ACCESSIBLE ONLINE PO RTAL. 15
[(4) If the local board receives more than one legally sufficient ballot, in 16
separate envelopes, from the same individual, the local board shall: 17
(i) count only the ballot with the latest properly signed oath; and 18
(ii) reject any other ballot.] 19
(5) If the intent of the voter is not clearly demonstrated, the local board shall 20
reject only the vote for that office or question. 21
(6) If an absentee voter casts a vote for an individual who has ceased to be 22
a candidate, the vote for that candidate may not be counted, but that vote does not invalidate 23
the remainder of the ballot. 24
(e) [At] BEGINNING AFTER THE POLLS C LOSE ON ELECTION DAY , AT the end 25
of each day of canvassing, a local board shall prepare and release a report of the unofficial 26
[results] RETURNS of the absentee ballot vote tabulation. 27
(d) (4) (I) If the local board receives more than one legally sufficient 28
ABSENTEE ballot, in separate envelopes, from the same individual, the local board shall: 29
[(i)] 1. count only the [ballot with the latest properly signed oath] 30
FIRST LEGALLY SUFFIC IENT ABSENTE E BALLOT RECEIVED ; and 31 6 HOUSE BILL 862
[(ii)] 2. reject any other ABSENTEE ballot. 1
[(5)] (4) If the intent of the voter is not clearly demonstrated, the local 2
board shall reject only the vote for that office or question. 3
[(6)] (5) If an absentee voter casts a vote for an individual who has ceased 4
to be a candidate, the vote for that candidate may not be counted, but that vote does not 5
invalidate the remainder of the ballot. 6
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 7
PARAGRAPH , IF THE LOCAL BOARD RECEIVES A LEGALLY S UFFICIENT ABSENTEE 8
BALLOT AND A PROVISI ONAL BALLOT FROM THE SAME INDIVIDUAL , THE LOCAL 9
BOARD SHALL : 10
1. COUNT THE ABSENTEE B ALLOT; AND 11
2. REJECT THE PROVISION AL BALLOT. 12
(III) IF THE LOCAL BOARD RE CEIVES A LEGALLY SUF FICIENT 13
ABSENTEE BALLOT AFTE R A PROVISIONAL BALL OT FROM THE SAME VOT ER HAS 14
BEEN CANVASSED , THE LOCAL BOARD SHAL L REJECT THE ABSENTE E BALLOT. 15
11–303. 16
(d) (2) The local board shall reject a provisional ballot if: 17
(i) pursuant to paragraph (4) of this subsection, the local board 18
determines that the individual who cast the provisional ballot is not qualified to vote that 19
provisional ballot; 20
(ii) the individual failed to sign the oath on the provisional ballot 21
application; OR 22
(iii) EXCEPT AS PROVIDED IN § 11–302(D)(4)(III) OF THIS 23
SUBTITLE, the individual cast more than one ballot for the same election; or 24
(iv) the local board determines that a provisional ballot is 25
intentionally marked with an identifying mark that is clearly evident and placed on the 26
ballot for the purpose of identifying the ballot. 27
11–303. 28
HOUSE BILL 862 7
(d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 1
not reject a provisional ballot except by unanimous vote and in accordance with regulations 2
of the State Board. 3
(2) The local board shall reject a provisional ballot if: 4
(i) pursuant to paragraph (4) of this subsection, the local board 5
determines that the individual who cast the provisional ballot is not qualified to vote that 6
provisional ballot; 7
(ii) the individual failed to sign the oath on the provisional ballot 8
application; OR 9
(iii) [the individual cast more than one ballot for the same election; or 10
(iv)] the local board determines that a provisional ballot is 11
intentionally marked with an identifying mark that is clearly evident and placed on the 12
ballot for the purpose of identifying the ballot. 13
(3) If the intent of the voter with respect to a particular contest is not clearly 14
demonstrated, the local board shall reject only the vote for that contest. 15
(4) For the purposes of this section, an individual is qualified to vote the 16
provisional ballot cast if the local board determines that: 17
(i) the individual is registered in the State; 18
(ii) if the provisional ballot was cast because the voter failed to 19
provide required identification, the individual who cast the provisional ballot has met the 20
identification requirements established by the State Board; and 21
(iii) if the provisional ballot was cast during a period covered by a 22
court order or other order extending the time for closing the polls, the order has not been 23
invalidated by a subsequent court order. 24
11–303.2. 25
IF A LOCAL BOARD RECE IVES MORE THAN ONE B ALLOT, IN SEPARATE 26
ENVELOPES, FROM THE SAME INDIVI DUAL, THE LOCAL BOARD SHAL L: 27
(1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT IS 28
DETERMINED TO BE LEG ALLY SUFFICIENT ; AND 29
(2) REJECT ANY OTHER BAL LOT. 30
11–402. 31 8 HOUSE BILL 862
(a) Unless otherwise provided by the Maryland Constitution, and [except as 1
provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall 2
prepare a statement of election results [by precinct] for each candidate or question voted on 3
at the election and declare: 4
(1) who is elected or nominated for office: 5
(i) in county government; or 6
(ii) for any other office voted for only within that county, if the 7
certificate of candidacy for that office was issued by the local board; and 8
(2) whether or not a question is adopted or approved. 9
(b) The statement prepared by the board of canvassers under SUBSECTION (A) OF 10
this section [may not] SHALL report the EARLY, absentee, AND PROVISIONAL vote 11
separately [by precinct]. 12
[(c) Each local board shall publish a sufficient number of copies of the complete 13
election results, tabulated by precinct, and shall make the copies available to the public at 14
cost.] 15
[(d)] (C) (1) In addition to the statement of election results specified under 16
subsection (a) of this section, the State Board shall make available in an electronic format a 17
report of election results for each candidate or question voted on at the election: 18
(i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 19
PROVISIONAL VOTE ; 20
(ii) by State legislative district, including any subdistrict; 21
(iii) by county legislative district; and 22
(iv) for each county as a whole. 23
(2) The State Board may make the report specified under paragraph (1) of 24
this subsection available to the public at cost. 25
SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 26
11–302(b)(3) of the Election Law Article, as enacted by Section 1 of this Act, only during the 27
2022 statewide primary election, a local board of elections or an employee of a local board: 28
(1) may tabulate absentee ballot vote totals before the polls close on election 29
day; and 30
HOUSE BILL 862 9
(2) may not release absentee ballot vote totals before the polls close on 1
election day. 2
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
June 1, 2022 is an emergency measure, is necessary for the immediate preservation of the 4
public health or safety, has been passed by a yea and nay vote supported by three–fifths of 5
all the members elected to each of the two Houses of the General Assembly, and shall take 6
effect from the date it is enacted. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.