Maryland 2022 Regular Session

Maryland House Bill HB963 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	hb0963
6	6
7	7	HOUSE BILL 963
8	8	G1 EMERGENCY BILL 2lr0811
9	9
10	10	By: Delegates Shoemaker, Adams, Arikan, Beitzel, Boteler, Buckel, Chisholm,
11	11	M. Fisher, Griffith, Hartman, Kittleman, Krebs, Mangione, Mautz,
12	12	McComas, McKay, Parrott, Rose, Saab, and Wivell
13	13	Introduced and read first time: February 10, 2022
14	14	Assigned to: Ways and Means
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Election Law – Absentee Ballots – Signature Verification and Verification 2
21	21	Statements and Unsigned Ballot Statements 3
22	22
23	23	FOR the purpose of establishing signature verification procedures for absentee ballots and 4
24	24	methods by which a voter may cure an unverified signature on an absentee ballot; 5
25	25	requiring a local board of elections to count an unsigned absentee ballot under 6
26	26	certain circumstances; and generally relating to absentee ballots. 7
27	27
28	28	BY repealing and reenacting, with amendments, 8
29	29	Article – Election Law 9
30	30	Section 9–303 and 11–302 10
31	31	Annotated Code of Maryland 11
32	32	(2017 Replacement Volume and 2021 Supplement) 12
33	33
34	34	BY adding to 13
35	35	Article – Election Law 14
36	36	Section 9–310.1 and 9–310.2 15
37	37	Annotated Code of Maryland 16
38	38	(2017 Replacement Volume and 2021 Supplement) 17
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
41	41	That the Laws of Maryland read as follows: 19
42	42
43	43	Article – Election Law 20
44	44
45	45	9–303. 21
46	46
47	47	(a) The State Board shall establish guidelines for the administration of absentee 22
48	48	voting by the local boards. 23 2 HOUSE BILL 963
49	49
50	50
51	51
52	52	(b) The guidelines shall provide for: 1
53	53
54	54	(1) the application process; 2
55	55
56	56	(2) late application for absentee ballots; 3
57	57
58	58	(3) ballot security, including storage of returned ballots; 4
59	59
60	60	(4) determining timeliness of receipt of applications and ballots, including 5
61	61	applications and ballots for overseas voters; 6
62	62
63	63	(5) the canvass process; 7
64	64
65	65	(6) notice of the canvass to candidates, political parties, campaign 8
66	66	organizations, news media, and the general public; 9
67	67
68	68	(7) observers of the process; 10
69	69
70	70	(8) review of voted ballots and envelopes for compliance with the law and 11
71	71	for machine tabulation acceptability; 12
72	72
73	73	(9) standards for disallowance of ballots during the canvass; 13
74	74
75	75	(10) storage and retention of ballots following canvass and certification; 14
76	76	[and] 15
77	77
78	78	(11) the permanent absentee ballot list; AND 16
79	79
80	80	(12) VERIFICATION OF SIGN ATURES ON ABSENTEE BALLOT 17
81	81	ENVELOPES . 18
82	82
83	83	(c) The State Board shall: 19
84	84
85	85	(1) in consultation with the local boards, assess the guidelines before each 20
86	86	primary election; and 21
87	87
88	88	(2) revise the guidelines if indicated. 22
89	89
90	90	9–310.1. 23
91	91
92	92	(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION, AN ABSENTEE BALLOT 24
93	93	CAST IN ACCORDANCE W ITH THIS SUBTITLE SHALL BE COUNTED ON LY IF: 25
94	94
95	95	(1) THE RETURN ENVELOPE OR BALLOT/RETURN ENVELOPE IS 26
96	96	SIGNED BY THE VOTER TO WHOM THE BALLOT W AS ISSUED; AND 27 HOUSE BILL 963 3
97	97
98	98
99	99
100	100	(2) THE VOTER ’S SIGNATURE IS VERIF IED AS PROVIDED IN 1
101	101	SUBSECTION (B) OF THIS SECTION. 2
102	102
103	103	(B) (1) EACH LOCAL BOARD SHAL L VERIFY THE SIGNATU RE OF THE 3
104	104	VOTER ON THE RETURN ENVELOPE OR BALLOT /RETURN ENVELOPE BY C OMPARING 4
105	105	THE SIGNATURE WITH T HE VOTER’S REGISTRATION RECOR D IN ACCORDANCE WITH 5
106	106	REGULATIONS ADOPTED BY THE STATE BOARD. 6
107	107
108	108	(2) (I) A LOCAL BOARD MAY USE A MACHINE TO ELECTRONICALLY 7
109	109	VERIFY SIGNATURES AS REQUIRED IN PARAGRAP H (1) OF THIS SUBSECTION . 8
110	110
111	111	(II) IF A LOCAL BOARD REQUESTS A MACHINE T O 9
112	112	ELECTRONICALLY VERIF Y SIGNATURES IN ACCO RDANCE WITH SUBPARAG RAPH (I) 10
113	113	OF THIS PARAGRAPH , THE STATE BOARD SHALL PROVIDE T HE MACHINE TO THE 11
114	114	LOCAL BOARD . 12
115	115
116	116	(C) (1) IF THE LOCAL BOARD IS UNABLE TO V ERIFY A VOTER ’S 13
117	117	SIGNATURE IN ACCORDA NCE WITH THIS SECTION , THE LOCAL BOARD SHAL L: 14
118	118
119	119	(I) NOTIFY THE VOTER OF THE DISCREPANCY NOT LATER THAN 15
120	120	THE SECOND SUNDAY AFTER THE ELECTION ; AND 16
121	121
122	122	(II) PROVIDE THE VOTER TH E OPPORTUNITY TO COR RECT THE 17
123	123	SIGNATURE IN ACCORDA NCE WITH PARAGRAPH (3) OF THIS SUBSECTION. 18
124	124
125	125	(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 19
126	126	SUBSECTION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM : 20
127	127
128	128	“READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW 21
129	129	THESE INSTRUCTIONS MAY CAUSE YOUR ABSENTEE BALLOT TO BE 22
130	130	REJECTED. 23
131	131
132	132	1. THE LOCAL BOARD OF ELECTIO NS HAS DETERMINED TH AT THE 24
133	133	SIGNATURE YOU PROVID ED ON YOUR RETURN EN VELOPE OR BALLOT /RETURN 25
134	134	ENVELOPE DOES NOT MA TCH THE SIGNATURE ON FILE WITH YOUR REGISTRATI ON 26
135	135	RECORD. IN ORDER TO ENSURE TH AT YOUR ABSENTEE BAL LOT IS COUNTED , 27
136	136	COMPLETE A SIGNATURE VERIFICATI ON FORM AND RETURN I T TO THE LOCAL 28
137	137	BOARD OF ELECTIONS NOT LATER THAN 2 DAYS AFTER THE DATE YOU RECEIVE THIS 29
138	138	NOTICE. 30
139	139
140	140	2. YOU MAY RETURN THE COMPLETED SIGNATURE VERIFICATI ON 31
141	141	STATEMENT TO THE LOC AL BOARD OF ELECTION S BY MAIL, BY DELIVERING IT IN 32 4 HOUSE BILL 963
142	142
143	143
144	144	PERSON, BY E–MAIL, OR BY FACSIMILE TRAN SMISSION. YOU MAY ALSO SUBMIT T HE 1
145	145	COMPLETED SIGNATURE VERIFICATION STATEME NT TO YOUR DESIGNATE D 2
146	146	POLLING PLACE OR TO A BALLOT DROP BOX BEFORE TH E POLLS CLOSE ON 3
147	147	ELECTION DAY. 4
148	148
149	149	3. IF YOU CHOOSE TO RETU RN YOUR COMPLETED SI GNATURE 5
150	150	VERIFICATION STATEME NT BY MAIL, ENSURE THAT THE ADDRESS OF THE L OCAL 6
151	151	BOARD OF ELECTIONS I S CORRECT.”. 7
152	152
153	153	(3) (I) ON RECEIPT OF THE NOTIC E UNDER PARAGRAPH (2) OF 8
154	154	THIS SUBSECTION , THE VOTER SHALL COMP LETE AND RETURN A SIGNATURE 9
155	155	VERIFICATION STATEME NT NOT MORE THAN 2 DAYS AFTER THE DA TE ON WHICH THE 10
156	156	VOTER RECEIVED THE N OTICE. 11
157	157
158	158	(II) THE SIGNATURE VERIFIC ATION STATEMENT UNDER THIS 12
159	159	PARAGRAPH SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM : 13
160	160
161	161	“SIGNATURE VERIFICATION STATEMENT 14
162	162
163	163	I, (NAME), AM A REGISTERED VOTE R OF (COUNTY), MARYLAND. I DECLARE 15
164	164	UNDER PENALTY OF PER JURY THAT I REQUESTED AND RETURN ED AN ABSENTEE 16
165	165	BALLOT. I AM A RESIDENT OF THE PRECINCT IN WHICH I HAVE VOTED, AND I AM THE 17
166	166	INDIVIDUAL WHOSE NAM E APPEARS ON THE RETURN ENVELOPE OR 18
167	167	BALLOT/RETURN ENVELOPE . I UNDERSTAND THAT IF I COMMIT OR ATTEMPT TO 19
168	168	COMMIT FRAUD IN CONN ECTION WITH VOTING , OR IF I AID OR ABET FRAUD OR 20
169	169	ATTEMPT TO AID OR AB ET FRAUD IN CONNECTI ON WITH VOTING , I MAY BE 21
170	170	CONVICTED OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $5,000 22
171	171	OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH . I UNDERSTAND THAT 23
172	172	MY FAILURE TO SUBMIT THIS STATEMENT MEANS THAT THE LOCAL BOARD OF 24
173	173	ELECTIONS WILL REJEC T MY ABSENTEE BALLOT . 25
174	174
175	175	____________________ 26
176	176	VOTER’S SIGNATURE 27
177	177
178	178	____________________ 28
179	179	VOTER’S ADDRESS”. 29
180	180
181	181	(4) (I) IF THE LOCAL BOARD VERI FIES THE VOTER’S SIGNATURE 30
182	182	ON RECEIPT OF A VOTE R’S SIGNATURE VERIFICA TION STATEMENT , THE LOCAL 31
183	183	BOARD SHALL : 32
184	184
185	185	1. UPDATE THE VOTER’S REGISTRATION RECOR D WITH 33
186	186	THE SIGNATURE PROVID ED ON THE SIGNATURE VERIFICATION STATEME NT; AND 34 HOUSE BILL 963 5
187	187
188	188
189	189
190	190	2. COUNT THE VOTER ’S ABSENTEE BALLOT. 1
191	191
192	192	(II) IF THE LOCAL BOARD IS UNABLE TO VERIFY THE VOTER’S 2
193	193	SIGNATURE ON RECEIPT OF A VOTE R’S SIGNATURE VERIFICA TION STATEMENT , THE 3
194	194	LOCAL BOARD SHALL RE JECT THE VOTER ’S ABSENTEE BALLOT. 4
195	195
196	196	(5) (I) EACH LOCAL BOARD SHALL PROVIDE THE SIGNATURE 5
197	197	VERIFICATION STATEME NT, AN ENVELOPE TEMPLATE , AND INSTRUCTIONS FOR 6
198	198	COMPLETING AND RETURNING THE SIGNATURE VERIFICATI ON STATEMENT ON ITS 7
199	199	WEBSITE. 8
200	200
201	201	(II) THE ENVELOPE TEMPLATE REQUIRED UNDER THIS 9
202	202	PARAGRAPH SHALL INCLUDE PREPAI D POSTAGE. 10
203	203
204	204	9–310.2. 11
205	205
206	206	(A) A LOCAL BOARD SHALL CO UNT A VOTER’S ABSENTEE BALLOT IF THE 12
207	207	VOTER FAILS TO SIGN THE OATH ON THE RETURN ENVELOPE OR BALLOT/RETURN 13
208	208	ENVELOPE AND SUBMITS AN UNSIGNED BALLOT S TATEMENT NOT LATER THAN THE 14
209	209	SECOND SUNDAY AFTER THE ELECTION . 15
210	210
211	211	(B) THE UNSIGNED BALLOT S TATEMENT SHALL BE IN SUBSTANTIALLY THE 16
212	212	FOLLOWING FORM : 17
213	213
214	214	“UNSIGNED BALLOT STATEMENT 18
215	215
216	216	I, (NAME), AM A REGISTERED VOTE R OF (COUNTY), MARYLAND. I DECLARE 19
217	217	UNDER PENALTY OF PER JURY THAT I REQUESTED AND RETUR NED AN ABSENTEE 20
218	218	BALLOT AND THAT I HAVE NOT VOTED AND WILL NOT VOTE MO RE THAN ONE BALLOT 21
219	219	IN THIS ELECTION . I AM A RESIDENT OF THE PRECINCT IN WHICH I HAVE VOTED, 22
220	220	AND I AM THE INDIVIDUAL WH OSE NAME APPEARS ON THE RETURN ENVELOPE OR 23
221	221	BALLOT/RETURN ENVELOPE . I UNDERSTAND THAT IF I COMMIT OR ATTEMPT TO 24
222	222	COMMIT FRAUD IN CONN ECTION WITH VOTING , OR IF I AID OR ABET FRAUD OR 25
223	223	ATTEMPT TO AID OR AB ET FRAUD IN CONNECTI ON WITH VOTING , I MAY BE 26
224	224	CONVICTED OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE T HAN $5,000 27
225	225	OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH . I UNDERSTAND THAT 28
226	226	MY FAILURE TO SUBMIT THIS STATEMENT MEANS THAT THE LOCAL BOARD OF 29
227	227	ELECTIONS WILL REJEC T MY ABSENTEE BALLOT . 30
228	228
229	229	____________________ 31
230	230	VOTER’S SIGNATURE 32
231	231	6 HOUSE BILL 963
232	232
233	233
234	234	____________________ 1
235	235	VOTER’S ADDRESS”. 2
236	236
237	237	11–302. 3
238	238
239	239	(a) Following an election, each local board shall meet at its designated counting 4
240	240	center to canvass the absentee ballots cast in that election in accordance with the 5
241	241	regulations and guidelines established by the State Board. 6
242	242
243	243	(b) (1) A local board may not open any envelope of an absentee ballot prior to 7
244	244	8 a.m. on the Wednesday following election day. 8
245	245
246	246	(2) A local board may not delay the commencement of the canvass to await 9
247	247	the receipt of late–arriving, timely absentee ballots. 10
248	248
249	249	(c) (1) An absentee ballot shall be deemed timely received if it is received in 11
250	250	accordance with the regulations and guidelines established by the State Board. 12
251	251
252	252	(2) An absentee ballot that is received after the deadline specified by the 13
253	253	regulations and guidelines may not be counted. 14
254	254
255	255	(d) (1) The State Board shall adopt regulations that reflect the policy that the 15
256	256	clarity of the intent of the voter is the overriding consideration in determining the validity 16
257	257	of an absentee ballot or the vote cast in a particular contest. 17
258	258
259	259	(2) A local board may not reject an absentee ballot except by unanimous 18
260	260	vote and in accordance with regulations of the State Board. 19
261	261
262	262	(3) The local board shall reject an absentee ballot if: 20
263	263
264	264	(i) the voter failed to sign the oath on the [ballot envelope] RETURN 21
265	265	ENVELOPE OR BALLOT /RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION 22
266	266	AS PROVIDED IN § 9–310.2 OF THIS ARTICLE ; 23
267	267
268	268	(ii) the local board received more than one ballot from the same 24
269	269	individual for the same election in the same ballot envelope; or 25
270	270
271	271	(iii) the local board determines that an absentee ballot is 26
272	272	intentionally marked with an identifying mark that is clearly evident and placed on the 27
273	273	ballot for the purpose of identifying the ballot. 28
274	274
275	275	(4) If the local board receives more than one legally sufficient ballot, in 29
276	276	separate envelopes, from the same individual, the local board shall: 30
277	277
278	278	(i) count only the ballot with the latest properly signed oath; and 31
279	279	HOUSE BILL 963 7
280	280
281	281
282	282	(ii) reject any other ballot. 1
283	283
284	284	(5) If the intent of the voter is not clearly demonstrated, the local board 2
285	285	shall reject only the vote for that office or question. 3
286	286
287	287	(6) If an absentee voter casts a vote for an individual who has ceased to be 4
288	288	a candidate, the vote for that candidate may not be counted, but that vote does not 5
289	289	invalidate the remainder of the ballot. 6
290	290
291	291	(e) At the end of each day of canvassing, a local board shall prepare and release 7
292	292	a report of the unofficial results of the absentee ballot vote tabulation. 8
293	293
294	294	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 9
295	295	measure, is necessary for the immediate preservation of the public health or safety, has 10
296	296	been passed by a yea and nay vote supported by three–fifths of all the members elected to 11
297	297	each of the two Houses of the General Assembly, and shall take effect from the date it is 12
298	298	enacted. 13