EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0963*
HOUSE BILL 963
G1 EMERGENCY BILL 2lr0811
By: Delegates Shoemaker, Adams, Arikan, Beitzel, Boteler, Buckel, Chisholm,
M. Fisher, Griffith, Hartman, Kittleman, Krebs, Mangione, Mautz,
McComas, McKay, Parrott, Rose, Saab, and Wivell
Introduced and read first time: February 10, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Absentee Ballots – Signature Verification and Verification 2
Statements and Unsigned Ballot Statements 3
FOR the purpose of establishing signature verification procedures for absentee ballots and 4
methods by which a voter may cure an unverified signature on an absentee ballot; 5
requiring a local board of elections to count an unsigned absentee ballot under 6
certain circumstances; and generally relating to absentee ballots. 7
BY repealing and reenacting, with amendments, 8
Article – Election Law 9
Section 9–303 and 11–302 10
Annotated Code of Maryland 11
(2017 Replacement Volume and 2021 Supplement) 12
BY adding to 13
Article – Election Law 14
Section 9–310.1 and 9–310.2 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Election Law 20
9–303. 21
(a) The State Board shall establish guidelines for the administration of absentee 22
voting by the local boards. 23 2 HOUSE BILL 963
(b) The guidelines shall provide for: 1
(1) the application process; 2
(2) late application for absentee ballots; 3
(3) ballot security, including storage of returned ballots; 4
(4) determining timeliness of receipt of applications and ballots, including 5
applications and ballots for overseas voters; 6
(5) the canvass process; 7
(6) notice of the canvass to candidates, political parties, campaign 8
organizations, news media, and the general public; 9
(7) observers of the process; 10
(8) review of voted ballots and envelopes for compliance with the law and 11
for machine tabulation acceptability; 12
(9) standards for disallowance of ballots during the canvass; 13
(10) storage and retention of ballots following canvass and certification; 14
[and] 15
(11) the permanent absentee ballot list; AND 16
(12) VERIFICATION OF SIGN ATURES ON ABSENTEE BALLOT 17
ENVELOPES . 18
(c) The State Board shall: 19
(1) in consultation with the local boards, assess the guidelines before each 20
primary election; and 21
(2) revise the guidelines if indicated. 22
9–310.1. 23
(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION, AN ABSENTEE BALLOT 24
CAST IN ACCORDANCE W ITH THIS SUBTITLE SHALL BE COUNTED ON LY IF: 25
(1) THE RETURN ENVELOPE OR BALLOT/RETURN ENVELOPE IS 26
SIGNED BY THE VOTER TO WHOM THE BALLOT W AS ISSUED; AND 27 HOUSE BILL 963 3
(2) THE VOTER ’S SIGNATURE IS VERIF IED AS PROVIDED IN 1
SUBSECTION (B) OF THIS SECTION. 2
(B) (1) EACH LOCAL BOARD SHAL L VERIFY THE SIGNATU RE OF THE 3
VOTER ON THE RETURN ENVELOPE OR BALLOT /RETURN ENVELOPE BY C OMPARING 4
THE SIGNATURE WITH T HE VOTER’S REGISTRATION RECOR D IN ACCORDANCE WITH 5
REGULATIONS ADOPTED BY THE STATE BOARD. 6
(2) (I) A LOCAL BOARD MAY USE A MACHINE TO ELECTRONICALLY 7
VERIFY SIGNATURES AS REQUIRED IN PARAGRAP H (1) OF THIS SUBSECTION . 8
(II) IF A LOCAL BOARD REQUESTS A MACHINE T O 9
ELECTRONICALLY VERIF Y SIGNATURES IN ACCO RDANCE WITH SUBPARAG RAPH (I) 10
OF THIS PARAGRAPH , THE STATE BOARD SHALL PROVIDE T HE MACHINE TO THE 11
LOCAL BOARD . 12
(C) (1) IF THE LOCAL BOARD IS UNABLE TO V ERIFY A VOTER ’S 13
SIGNATURE IN ACCORDA NCE WITH THIS SECTION , THE LOCAL BOARD SHAL L: 14
(I) NOTIFY THE VOTER OF THE DISCREPANCY NOT LATER THAN 15
THE SECOND SUNDAY AFTER THE ELECTION ; AND 16
(II) PROVIDE THE VOTER TH E OPPORTUNITY TO COR RECT THE 17
SIGNATURE IN ACCORDA NCE WITH PARAGRAPH (3) OF THIS SUBSECTION. 18
(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 19
SUBSECTION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM : 20
“READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW 21
THESE INSTRUCTIONS MAY CAUSE YOUR ABSENTEE BALLOT TO BE 22
REJECTED. 23
1. THE LOCAL BOARD OF ELECTIO NS HAS DETERMINED TH AT THE 24
SIGNATURE YOU PROVID ED ON YOUR RETURN EN VELOPE OR BALLOT /RETURN 25
ENVELOPE DOES NOT MA TCH THE SIGNATURE ON FILE WITH YOUR REGISTRATI ON 26
RECORD. IN ORDER TO ENSURE TH AT YOUR ABSENTEE BAL LOT IS COUNTED , 27
COMPLETE A SIGNATURE VERIFICATI ON FORM AND RETURN I T TO THE LOCAL 28
BOARD OF ELECTIONS NOT LATER THAN 2 DAYS AFTER THE DATE YOU RECEIVE THIS 29
NOTICE. 30
2. YOU MAY RETURN THE COMPLETED SIGNATURE VERIFICATI ON 31
STATEMENT TO THE LOC AL BOARD OF ELECTION S BY MAIL, BY DELIVERING IT IN 32 4 HOUSE BILL 963
PERSON, BY E–MAIL, OR BY FACSIMILE TRAN SMISSION. YOU MAY ALSO SUBMIT T HE 1
COMPLETED SIGNATURE VERIFICATION STATEME NT TO YOUR DESIGNATE D 2
POLLING PLACE OR TO A BALLOT DROP BOX BEFORE TH E POLLS CLOSE ON 3
ELECTION DAY. 4
3. IF YOU CHOOSE TO RETU RN YOUR COMPLETED SI GNATURE 5
VERIFICATION STATEME NT BY MAIL, ENSURE THAT THE ADDRESS OF THE L OCAL 6
BOARD OF ELECTIONS I S CORRECT.”. 7
(3) (I) ON RECEIPT OF THE NOTIC E UNDER PARAGRAPH (2) OF 8
THIS SUBSECTION , THE VOTER SHALL COMP LETE AND RETURN A SIGNATURE 9
VERIFICATION STATEME NT NOT MORE THAN 2 DAYS AFTER THE DA TE ON WHICH THE 10
VOTER RECEIVED THE N OTICE. 11
(II) THE SIGNATURE VERIFIC ATION STATEMENT UNDER THIS 12
PARAGRAPH SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM : 13
“SIGNATURE VERIFICATION STATEMENT 14
I, (NAME), AM A REGISTERED VOTE R OF (COUNTY), MARYLAND. I DECLARE 15
UNDER PENALTY OF PER JURY THAT I REQUESTED AND RETURN ED AN ABSENTEE 16
BALLOT. I AM A RESIDENT OF THE PRECINCT IN WHICH I HAVE VOTED, AND I AM THE 17
INDIVIDUAL WHOSE NAM E APPEARS ON THE RETURN ENVELOPE OR 18
BALLOT/RETURN ENVELOPE . I UNDERSTAND THAT IF I COMMIT OR ATTEMPT TO 19
COMMIT FRAUD IN CONN ECTION WITH VOTING , OR IF I AID OR ABET FRAUD OR 20
ATTEMPT TO AID OR AB ET FRAUD IN CONNECTI ON WITH VOTING , I MAY BE 21
CONVICTED OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $5,000 22
OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH . I UNDERSTAND THAT 23
MY FAILURE TO SUBMIT THIS STATEMENT MEANS THAT THE LOCAL BOARD OF 24
ELECTIONS WILL REJEC T MY ABSENTEE BALLOT . 25
____________________ 26
VOTER’S SIGNATURE 27
____________________ 28
VOTER’S ADDRESS”. 29
(4) (I) IF THE LOCAL BOARD VERI FIES THE VOTER’S SIGNATURE 30
ON RECEIPT OF A VOTE R’S SIGNATURE VERIFICA TION STATEMENT , THE LOCAL 31
BOARD SHALL : 32
1. UPDATE THE VOTER’S REGISTRATION RECOR D WITH 33
THE SIGNATURE PROVID ED ON THE SIGNATURE VERIFICATION STATEME NT; AND 34 HOUSE BILL 963 5
2. COUNT THE VOTER ’S ABSENTEE BALLOT. 1
(II) IF THE LOCAL BOARD IS UNABLE TO VERIFY THE VOTER’S 2
SIGNATURE ON RECEIPT OF A VOTE R’S SIGNATURE VERIFICA TION STATEMENT , THE 3
LOCAL BOARD SHALL RE JECT THE VOTER ’S ABSENTEE BALLOT. 4
(5) (I) EACH LOCAL BOARD SHALL PROVIDE THE SIGNATURE 5
VERIFICATION STATEME NT, AN ENVELOPE TEMPLATE , AND INSTRUCTIONS FOR 6
COMPLETING AND RETURNING THE SIGNATURE VERIFICATI ON STATEMENT ON ITS 7
WEBSITE. 8
(II) THE ENVELOPE TEMPLATE REQUIRED UNDER THIS 9
PARAGRAPH SHALL INCLUDE PREPAI D POSTAGE. 10
9–310.2. 11
(A) A LOCAL BOARD SHALL CO UNT A VOTER’S ABSENTEE BALLOT IF THE 12
VOTER FAILS TO SIGN THE OATH ON THE RETURN ENVELOPE OR BALLOT/RETURN 13
ENVELOPE AND SUBMITS AN UNSIGNED BALLOT S TATEMENT NOT LATER THAN THE 14
SECOND SUNDAY AFTER THE ELECTION . 15
(B) THE UNSIGNED BALLOT S TATEMENT SHALL BE IN SUBSTANTIALLY THE 16
FOLLOWING FORM : 17
“UNSIGNED BALLOT STATEMENT 18
I, (NAME), AM A REGISTERED VOTE R OF (COUNTY), MARYLAND. I DECLARE 19
UNDER PENALTY OF PER JURY THAT I REQUESTED AND RETUR NED AN ABSENTEE 20
BALLOT AND THAT I HAVE NOT VOTED AND WILL NOT VOTE MO RE THAN ONE BALLOT 21
IN THIS ELECTION . I AM A RESIDENT OF THE PRECINCT IN WHICH I HAVE VOTED, 22
AND I AM THE INDIVIDUAL WH OSE NAME APPEARS ON THE RETURN ENVELOPE OR 23
BALLOT/RETURN ENVELOPE . I UNDERSTAND THAT IF I COMMIT OR ATTEMPT TO 24
COMMIT FRAUD IN CONN ECTION WITH VOTING , OR IF I AID OR ABET FRAUD OR 25
ATTEMPT TO AID OR AB ET FRAUD IN CONNECTI ON WITH VOTING , I MAY BE 26
CONVICTED OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE T HAN $5,000 27
OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH . I UNDERSTAND THAT 28
MY FAILURE TO SUBMIT THIS STATEMENT MEANS THAT THE LOCAL BOARD OF 29
ELECTIONS WILL REJEC T MY ABSENTEE BALLOT . 30
____________________ 31
VOTER’S SIGNATURE 32
6 HOUSE BILL 963
____________________ 1
VOTER’S ADDRESS”. 2
11–302. 3
(a) Following an election, each local board shall meet at its designated counting 4
center to canvass the absentee ballots cast in that election in accordance with the 5
regulations and guidelines established by the State Board. 6
(b) (1) A local board may not open any envelope of an absentee ballot prior to 7
8 a.m. on the Wednesday following election day. 8
(2) A local board may not delay the commencement of the canvass to await 9
the receipt of late–arriving, timely absentee ballots. 10
(c) (1) An absentee ballot shall be deemed timely received if it is received in 11
accordance with the regulations and guidelines established by the State Board. 12
(2) An absentee ballot that is received after the deadline specified by the 13
regulations and guidelines may not be counted. 14
(d) (1) The State Board shall adopt regulations that reflect the policy that the 15
clarity of the intent of the voter is the overriding consideration in determining the validity 16
of an absentee ballot or the vote cast in a particular contest. 17
(2) A local board may not reject an absentee ballot except by unanimous 18
vote and in accordance with regulations of the State Board. 19
(3) The local board shall reject an absentee ballot if: 20
(i) the voter failed to sign the oath on the [ballot envelope] RETURN 21
ENVELOPE OR BALLOT /RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION 22
AS PROVIDED IN § 9–310.2 OF THIS ARTICLE ; 23
(ii) the local board received more than one ballot from the same 24
individual for the same election in the same ballot envelope; or 25
(iii) the local board determines that an absentee ballot is 26
intentionally marked with an identifying mark that is clearly evident and placed on the 27
ballot for the purpose of identifying the ballot. 28
(4) If the local board receives more than one legally sufficient ballot, in 29
separate envelopes, from the same individual, the local board shall: 30
(i) count only the ballot with the latest properly signed oath; and 31
HOUSE BILL 963 7
(ii) reject any other ballot. 1
(5) If the intent of the voter is not clearly demonstrated, the local board 2
shall reject only the vote for that office or question. 3
(6) If an absentee voter casts a vote for an individual who has ceased to be 4
a candidate, the vote for that candidate may not be counted, but that vote does not 5
invalidate the remainder of the ballot. 6
(e) At the end of each day of canvassing, a local board shall prepare and release 7
a report of the unofficial results of the absentee ballot vote tabulation. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 9
measure, is necessary for the immediate preservation of the public health or safety, has 10
been passed by a yea and nay vote supported by three–fifths of all the members elected to 11
each of the two Houses of the General Assembly, and shall take effect from the date it is 12
enacted. 13