Maryland 2022 Regular Session

Maryland House Bill HB862 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb0862*
109
1110 HOUSE BILL 862
12-G1 EMERGENCY BILL (2lr2165)
13-ENROLLED BILL
14-— Ways and Means/Education, Health, and Environmental Affairs —
15-Introduced by Delegate Feldmark
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at ________________________ o’clock, ________M.
27-
28-______________________________________________
29-Speaker.
11+G1 2lr2165
12+HB 1068/21 – W&M
13+By: Delegate Feldmark
14+Introduced and read first time: February 7, 2022
15+Assigned to: Ways and Means
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 8, 2022
3019
3120 CHAPTER ______
3221
3322 AN ACT concerning 1
3423
3524 Election Law – Ballot Canvassing – Multiple Ballots Cast by an Individual 2
36-Ballots – Processing and Reporting Procedures 3
3725
38-FOR the purpose of altering the procedures for canvassing of and curing of errors on 4
39-absentee and provisional ballots when more than one ballot is cast by the same 5
40-individual in the same election; and generally relating to canvassing multiple ballots 6
41-cast by an individual in the same election; repealing the requirements that a certain 7
42-statement of election results be by precinct and that the local boards of elections 8
43-publish copies of the complete election results in a certain manner; requiring that a 9
44-certain report of election results by the State Board of Elections be reported by 10
45-precinct, including reports of the early, absentee, and provisional vote; and generally 11
46-relating to ballot processing and reporting procedures. 12
26+FOR the purpose of altering the procedures for canvassing absentee and provisional ballots 3
27+when more than one ballot is cast by the same individual in the same election; and 4
28+generally relating to canvassing multiple ballots cast by an individual in the same 5
29+election. 6
4730
48-BY repealing 13
49- Article – Election Law 14 2 HOUSE BILL 862
31+BY repealing 7
32+ Article – Election Law 8
33+ Section 11–302(d)(4) 9
34+ Annotated Code of Maryland 10
35+ (2017 Replacement Volume and 2021 Supplement) 11
36+
37+BY repealing and reenacting, with amendments, 12
38+ Article – Election Law 13
39+Section 11–302(d)(4) 11–302(d)(5) and (6) and 11–303(d)(2) 14
40+ Annotated Code of Maryland 15
41+ (2017 Replacement Volume and 2021 Supplement) 16
42+
43+BY adding to 17
44+ Article – Election Law 18
45+ Section 11–303.2 19
46+ Annotated Code of Maryland 20
47+ (2017 Replacement Volume and 2021 Supplement) 21
48+ 2 HOUSE BILL 862
5049
5150
52- Section 11–302(d)(4) 1
53- Annotated Code of Maryland 2
54- (2017 Replacement Volume and 2021 Supplement) 3
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
5553
56-BY repealing and reenacting, with amendments, 4
57- Article – Election Law 5
58-Section 11–302(d)(4) 11–302(d)(5) and (6) and 11–303(d)(2) Section 11–101, 11–302, 6
59-11–303(d), and 11–402 7
60- Annotated Code of Maryland 8
61- (2017 Replacement Volume and 2021 Supplement) 9
54+Article – Election Law 3
6255
63-BY adding to 10
64- Article – Election Law 11
65- Section 11–303.2 12
66- Annotated Code of Maryland 13
67- (2017 Replacement Volume and 2021 Supplement) 14
56+11–302. 4
6857
69- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
70-That the Laws of Maryland read as follows: 16
58+ (d) (4) (I) If the local board receives more than one legally sufficient 5
59+ABSENTEE ballot, in separate envelopes, from the same individual, the local board shall: 6
7160
72-Article – Election Law 17
61+ [(i)] 1. count only the [ballot with the latest properly signed oath] 7
62+FIRST LEGALLY SUFFIC IENT ABSENTEE BALLOT RECEIVED; and 8
7363
74-11–101. 18
64+ [(ii)] 2. reject any other ABSENTEE ballot. 9
7565
76- (a) In this title the following words have the meanings indicated. 19
66+ [(5)] (4) If the intent of the voter is not clearly demonstrated, the local 10
67+board shall reject only the vote for that office or question. 11
7768
78- (b) “Board of canvassers” means the local board of elections in a county after the 20
79-local board organizes itself for the purpose of canvassing the vote [after] FOR an election in 21
80-that county. 22
69+ [(6)] (5) If an absentee voter casts a vote for an individual who has ceased 12
70+to be a candidate, the vote for that candidate may not be counted, but that vote does not 13
71+invalidate the remainder of the ballot. 14
8172
82- (c) (1) “Canvass” means the entire process of vote tallying, vote tabulation, and 23
83-vote verification [or audit], culminating in the production and certification of the official 24
84-election results. 25
73+ (II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 15
74+PARAGRAPH , IF THE LOCAL BOARD R ECEIVES A LEGALLY SU FFICIENT ABSENTEE 16
75+BALLOT AND A PROVISI ONAL BALLOT FROM THE SAME INDIVIDUAL, THE LOCAL 17
76+BOARD SHALL : 18
8577
86- (2) For absentee ballots, the “canvass” includes the opening of any envelope 26
87-accompanying an absentee ballot and the assembly and review of absentee ballots in 27
88-preparation for vote tallying. 28
78+ 1. COUNT THE ABSENTEE B ALLOT; AND 19
8979
90- (3) For provisional ballots, the “canvass” includes the review of the 29
91-provisional ballot applications described in § 11–303 of this title and the assembly and 30
92-review of provisional ballots in preparation for vote tallying. 31
80+ 2. REJECT THE PROVISION AL BALLOT. 20
9381
94- (4) For votes cast during early voting, the “canvass” includes the tabulation 32
95-of votes cast during early voting. 33
82+ (III) IF THE LOCAL BOARD RE CEIVES A LEGALLY SUF FICIENT 21
83+ABSENTEE BALLOT AFTE R A PROVISIONAL BALL OT FROM THE SAME VOT ER HAS 22
84+BEEN CANVASSED , THE LOCAL BOARD SHAL L REJECT THE ABSENTE E BALLOT. 23
9685
97- (5) For votes cast in a special election conducted by mail under Title 9, 34
98-Subtitle 5 of this article, the “canvass” includes: 35 HOUSE BILL 862 3
86+11–303. 24
87+
88+ (d) (2) The local board shall reject a provisional ballot if: 25
89+
90+ (i) pursuant to paragraph (4) of this subsection, the local board 26
91+determines that the individual who cast the provisional ballot is not qualified to vote that 27
92+provisional ballot; 28
93+
94+ (ii) the individual failed to sign the oath on the provisional ballot 29
95+application; OR 30
96+ HOUSE BILL 862 3
9997
10098
99+ (iii) EXCEPT AS PROVIDED I N § 11–302(D)(4)(III) OF THIS 1
100+SUBTITLE, the individual cast more than one ballot for the same election; or 2
101101
102- (i) the opening of any envelope accompanying a vote–by–mail ballot 1
103-and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; and 2
102+ (iv) the local board determines that a provisional ballot is 3
103+intentionally marked with an identifying mark that is clearly evident and placed on the 4
104+ballot for the purpose of identifying the ballot. 5
104105
105- (ii) the tabulation of voteby–mail ballots. 3
106+11303.2. 6
106107
107- (d) “Counting center” means one or more central locations designated by a local 4
108-board to conduct the canvass. 5
108+ IF A LOCAL BOARD R ECEIVES MORE THAN ON E BALLOT, IN SEPARATE 7
109+ENVELOPES, FROM THE SAME INDIVI DUAL, THE LOCAL BOARD SHAL L: 8
109110
110- (e) “Removable data storage device” means a read–only memory device that is 6
111-programmed to record votes as they are cast on an electronic voting system. 7
111+ (1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT IS 9
112+DETERMINED TO BE LEG ALLY SUFFICIENT ; AND 10
112113
113- (f) (1) “Unofficial returns” means [a] vote [tabulation] TOTALS reported on 8
114-election night after the polls close. 9
114+ (2) REJECT ANY OTHER BAL LOT. 11
115115
116- (2) “Unofficial returns” does not include [the absentee ballot count or] the 10
117-provisional ballot count. 11
118-
119- (g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast by 12
120-individual voters to produce vote totals at any level. 13
121-
122- (h) “Vote tallying” means the recording of votes cast by individual voters on a 14
123-certified voting system [whether done by: 15
124-
125- (1) a mechanical lever voting machine; 16
126-
127- (2) an electronic voting device; or 17
128-
129- (3) making marks manually on a tally sheet]. 18
130-
131-11–302. 19
132-
133- (a) (1) [Following an election, each] EACH local board shall meet at its 20
134-designated counting center to canvass the absentee ballots cast in that election in accordance 21
135-with the regulations and guidelines established by the State Board. 22
136-
137- (2) PROMPTLY AFTER RECEIP T OF AN ABSENTEE BALLO T, A LOCAL 23
138-BOARD SHALL REVIEW T HE BALLOT ENVELOPE O R BALLOT/RETURN ENVELOPE FOR 24
139-THE OMISSION OF THE VOTER’S SIGNATURE ON THE O ATH. 25
140-
141- (b) (1) [A] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION A ND 26
142-EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION, A local board may not 27
143-[open] ACCEPT, REJECT, OPEN, OR PROCESS any [envelope of an] absentee ballot [prior 28
144-to] BEFORE 8 a.m. on the [Wednesday following election day] DAY THAT IS 8 BUSINESS 29
145-DAYS BEFORE THE FIRS T DAY OF EARLY VOTIN G. 30
146- 4 HOUSE BILL 862
147-
148-
149- (2) A local board may not delay the commencement of the canvass to await 1
150-the receipt of late–arriving, timely absentee ballots. 2
151-
152- (3) A LOCAL BOARD OR AN EM PLOYEE OF A LOCAL BOARD MAY NOT 3
153-TABULATE ABSENTEE BALLOT VOTE TOTALS B EFORE THE POLLS CLOS E ON 4
154-ELECTION DAY. 5
155-
156- (c) (1) An absentee ballot shall be deemed timely received if it is received in 6
157-accordance with the regulations and guidelines established by the State Board. 7
158-
159- (2) An absentee ballot that is received after the deadline specified by the 8
160-regulations and guidelines may not be counted. 9
161-
162- (d) (1) The State Board shall adopt regulations that reflect the policy that the 10
163-clarity of the intent of the voter is the overriding consideration in determining the validity 11
164-of an absentee ballot or the vote cast in a particular contest. 12
165-
166- (2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 13
167-not reject an absentee ballot except by unanimous vote and in accordance with regulations 14
168-of the State Board. 15
169-
170- (3) The local board shall reject an absentee ballot if: 16
171-
172- (i) the voter failed to sign the oath on the ballot envelope OR 17
173-BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFOR E 10 18
174-A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY; 19
175-
176- (ii) the local board received more than one ballot from the same 20
177-individual for the same election in the same ballot envelope; or 21
178-
179- (iii) the local board determines that an absentee ballot is intentionally 22
180-marked with an identifying mark that is clearly evident and placed on the ballot for the 23
181-purpose of identifying the ballot. 24
182-
183- (4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 25
184-REQUIRING A LOCAL BO ARD TO: 26
185-
186- 1. AS SOON AS PRACTICAB LE BUT NOT LATER THA N 3 27
187-BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETERMINED TH AT A VOTER 28
188-FAILED TO SIGN THE O ATH ON THE BALLOT EN VELOPE OR BALLOT /RETURN 29
189-ENVELOPE, NOTIFY THE VOTER OF THE FAILURE; AND 30
190-
191- 2. PROVIDE THE VOTER AN OPPORTUNITY TO CORRE CT 31
192-THE OMISSION AND HAV E THE BALLOT COUNTED. 32
193- HOUSE BILL 862 5
194-
195-
196- (II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 1
197-A VOTER TO: 2
198-
199- 1. SUPPLY A SIGNATURE T O THE LOCAL BOARD 3
200-THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y E–MAIL OR, BEGINNING JUNE 1, 4
201-2023, MOBILE TELEPHONE , IF THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT 5
202-ENVELOPE OR BALLOT /RETURN ENVELOPE ; AND 6
203-
204- 2. CHOOSE AMONG MULTIPL E METHODS OF 7
205-COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE 8
206-OATH ON THE BALLOT E NVELOPE OR BALLOT /RETURN ENVELOPE , INCLUDING: 9
207-
208- A. E–MAIL; 10
209-
210- B. A MAILED FORM ; 11
211-
212- C. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE ; 12
213-AND 13
214-
215- D. BEGINNING JUNE 1, 2023, TEXT MESSAGE AND AN 14
216-ACCESSIBLE ONLINE PO RTAL. 15
217-
218- [(4) If the local board receives more than one legally sufficient ballot, in 16
219-separate envelopes, from the same individual, the local board shall: 17
220-
221- (i) count only the ballot with the latest properly signed oath; and 18
222-
223- (ii) reject any other ballot.] 19
224-
225- (5) If the intent of the voter is not clearly demonstrated, the local board shall 20
226-reject only the vote for that office or question. 21
227-
228- (6) If an absentee voter casts a vote for an individual who has ceased to be 22
229-a candidate, the vote for that candidate may not be counted, but that vote does not invalidate 23
230-the remainder of the ballot. 24
231-
232- (e) [At] BEGINNING AFTER THE POLLS C LOSE ON ELECTION DAY , AT the end 25
233-of each day of canvassing, a local board shall prepare and release a report of the unofficial 26
234-[results] RETURNS of the absentee ballot vote tabulation. 27
235-
236- (d) (4) (I) If the local board receives more than one legally sufficient 28
237-ABSENTEE ballot, in separate envelopes, from the same individual, the local board shall: 29
238-
239- [(i)] 1. count only the [ballot with the latest properly signed oath] 30
240-FIRST LEGALLY SUFFIC IENT ABSENTE E BALLOT RECEIVED ; and 31 6 HOUSE BILL 862
241-
242-
243-
244- [(ii)] 2. reject any other ABSENTEE ballot. 1
245-
246- [(5)] (4) If the intent of the voter is not clearly demonstrated, the local 2
247-board shall reject only the vote for that office or question. 3
248-
249- [(6)] (5) If an absentee voter casts a vote for an individual who has ceased 4
250-to be a candidate, the vote for that candidate may not be counted, but that vote does not 5
251-invalidate the remainder of the ballot. 6
252-
253- (II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 7
254-PARAGRAPH , IF THE LOCAL BOARD RECEIVES A LEGALLY S UFFICIENT ABSENTEE 8
255-BALLOT AND A PROVISI ONAL BALLOT FROM THE SAME INDIVIDUAL , THE LOCAL 9
256-BOARD SHALL : 10
257-
258- 1. COUNT THE ABSENTEE B ALLOT; AND 11
259-
260- 2. REJECT THE PROVISION AL BALLOT. 12
261-
262- (III) IF THE LOCAL BOARD RE CEIVES A LEGALLY SUF FICIENT 13
263-ABSENTEE BALLOT AFTE R A PROVISIONAL BALL OT FROM THE SAME VOT ER HAS 14
264-BEEN CANVASSED , THE LOCAL BOARD SHAL L REJECT THE ABSENTE E BALLOT. 15
265-
266-11–303. 16
267-
268- (d) (2) The local board shall reject a provisional ballot if: 17
269-
270- (i) pursuant to paragraph (4) of this subsection, the local board 18
271-determines that the individual who cast the provisional ballot is not qualified to vote that 19
272-provisional ballot; 20
273-
274- (ii) the individual failed to sign the oath on the provisional ballot 21
275-application; OR 22
276-
277- (iii) EXCEPT AS PROVIDED IN § 11–302(D)(4)(III) OF THIS 23
278-SUBTITLE, the individual cast more than one ballot for the same election; or 24
279-
280- (iv) the local board determines that a provisional ballot is 25
281-intentionally marked with an identifying mark that is clearly evident and placed on the 26
282-ballot for the purpose of identifying the ballot. 27
283-
284-11–303. 28
285- HOUSE BILL 862 7
286-
287-
288- (d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 1
289-not reject a provisional ballot except by unanimous vote and in accordance with regulations 2
290-of the State Board. 3
291-
292- (2) The local board shall reject a provisional ballot if: 4
293-
294- (i) pursuant to paragraph (4) of this subsection, the local board 5
295-determines that the individual who cast the provisional ballot is not qualified to vote that 6
296-provisional ballot; 7
297-
298- (ii) the individual failed to sign the oath on the provisional ballot 8
299-application; OR 9
300-
301- (iii) [the individual cast more than one ballot for the same election; or 10
302-
303- (iv)] the local board determines that a provisional ballot is 11
304-intentionally marked with an identifying mark that is clearly evident and placed on the 12
305-ballot for the purpose of identifying the ballot. 13
306-
307- (3) If the intent of the voter with respect to a particular contest is not clearly 14
308-demonstrated, the local board shall reject only the vote for that contest. 15
309-
310- (4) For the purposes of this section, an individual is qualified to vote the 16
311-provisional ballot cast if the local board determines that: 17
312-
313- (i) the individual is registered in the State; 18
314-
315- (ii) if the provisional ballot was cast because the voter failed to 19
316-provide required identification, the individual who cast the provisional ballot has met the 20
317-identification requirements established by the State Board; and 21
318-
319- (iii) if the provisional ballot was cast during a period covered by a 22
320-court order or other order extending the time for closing the polls, the order has not been 23
321-invalidated by a subsequent court order. 24
322-
323-11–303.2. 25
324-
325- IF A LOCAL BOARD RECE IVES MORE THAN ONE B ALLOT, IN SEPARATE 26
326-ENVELOPES, FROM THE SAME INDIVI DUAL, THE LOCAL BOARD SHAL L: 27
327-
328- (1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT IS 28
329-DETERMINED TO BE LEG ALLY SUFFICIENT ; AND 29
330-
331- (2) REJECT ANY OTHER BAL LOT. 30
332-
333-11–402. 31 8 HOUSE BILL 862
334-
335-
336-
337- (a) Unless otherwise provided by the Maryland Constitution, and [except as 1
338-provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall 2
339-prepare a statement of election results [by precinct] for each candidate or question voted on 3
340-at the election and declare: 4
341-
342- (1) who is elected or nominated for office: 5
343-
344- (i) in county government; or 6
345-
346- (ii) for any other office voted for only within that county, if the 7
347-certificate of candidacy for that office was issued by the local board; and 8
348-
349- (2) whether or not a question is adopted or approved. 9
350-
351- (b) The statement prepared by the board of canvassers under SUBSECTION (A) OF 10
352-this section [may not] SHALL report the EARLY, absentee, AND PROVISIONAL vote 11
353-separately [by precinct]. 12
354-
355- [(c) Each local board shall publish a sufficient number of copies of the complete 13
356-election results, tabulated by precinct, and shall make the copies available to the public at 14
357-cost.] 15
358-
359- [(d)] (C) (1) In addition to the statement of election results specified under 16
360-subsection (a) of this section, the State Board shall make available in an electronic format a 17
361-report of election results for each candidate or question voted on at the election: 18
362-
363- (i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 19
364-PROVISIONAL VOTE ; 20
365-
366- (ii) by State legislative district, including any subdistrict; 21
367-
368- (iii) by county legislative district; and 22
369-
370- (iv) for each county as a whole. 23
371-
372- (2) The State Board may make the report specified under paragraph (1) of 24
373-this subsection available to the public at cost. 25
374-
375- SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 26
376-11–302(b)(3) of the Election Law Article, as enacted by Section 1 of this Act, only during the 27
377-2022 statewide primary election, a local board of elections or an employee of a local board: 28
378-
379- (1) may tabulate absentee ballot vote totals before the polls close on election 29
380-day; and 30
381- HOUSE BILL 862 9
382-
383-
384- (2) may not release absentee ballot vote totals before the polls close on 1
385-election day. 2
386-
387- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
388-June 1, 2022 is an emergency measure, is necessary for the immediate preservation of the 4
389-public health or safety, has been passed by a yea and nay vote supported by three–fifths of 5
390-all the members elected to each of the two Houses of the General Assembly, and shall take 6
391-effect from the date it is enacted. 7
116+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12
117+1, 2022. 13
392118
393119
394120
395121
396122 Approved:
397123 ________________________________________________________________________________
398124 Governor.
399125 ________________________________________________________________________________
400126 Speaker of the House of Delegates.
401127 ________________________________________________________________________________
402128 President of the Senate.