EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0163*
SENATE BILL 163
G1 EMERGENCY BILL 2lr0833
(PRE–FILED)
By: Senator Kagan
Requested: October 19, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Election Law – Ballots – Processing and Reporting Procedures 2
FOR the purpose of altering the procedures for the canvassing of and curing of errors on 3
absentee and provisional ballots; requiring that all election results be reported by 4
precinct, including reports of the early, absentee, and provisional vote; and generally 5
relating to ballot processing and reporting procedures. 6
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 11–302, 11–303(d), and 11–402 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2021 Supplement) 11
BY adding to 12
Article – Election Law 13
Section 11–303.2 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Election Law 19
11–302. 20
(a) (1) [Following an election, each] EACH local board shall meet at its 21
designated counting center to canvass the absentee ballots cast in that election in 22
accordance with the regulations and guidelines established by the State Board. 23 2 SENATE BILL 163
(2) AFTER THE COMMENCEMEN T OF THE CANVASS OF ABSENTEE 1
BALLOTS IN ACCORDANCE WIT H THIS SECTION, A LOCAL BOARD SHALL REVIEW THE 2
BALLOT ENVELOPE OR B ALLOT/RETURN ENVELOPE FOR THE OMISSION OF THE 3
VOTER’S SIGNATURE ON THE O ATH. 4
(b) (1) [A] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A local 5
board may not [open] ACCEPT, REJECT, OPEN, OR PROCESS any envelope of an absentee 6
ballot [prior to] BEFORE 8 a.m. on the [Wednesday following election day] DAY THAT IS 8 7
DAYS BEFORE THE FIRS T DAY OF EARLY VOTIN G. 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
(3) A LOCAL BOARD MAY NOT TABULATE ABSENTEE BA LLOT RESULTS 11
BEFORE ELECTION DAY . 12
(c) (1) An absentee ballot shall be deemed timely received if it is received in 13
accordance with the regulations and guidelines established by the State Board. 14
(2) An absentee ballot that is received after the deadline specified by the 15
regulations and guidelines may not be counted. 16
(d) (1) The State Board shall adopt regulations that reflect the policy that the 17
clarity of the intent of the voter is the overriding consideration in determining the validity 18
of an absentee ballot or the vote cast in a particular contest. 19
(2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 20
not reject an absentee ballot except by unanimous vote and in accordance with regulations 21
of the State Board. 22
(3) The local board shall reject an absentee ballot if: 23
(i) the voter failed to sign the oath on the ballot envelope AND 24
FAILED TO CORRECT TH E OMISSION BEF ORE 10 A.M. ON THE DAY THAT IS 10 DAYS 25
AFTER ELECTION DAY ; 26
(ii) the local board received more than one ballot from the same 27
individual for the same election in the same ballot envelope; or 28
(iii) the local board determines that an absentee ballot is 29
intentionally marked with an identifying mark that is clearly evident and placed on the 30
ballot for the purpose of identifying the ballot. 31
(4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 32
REQUIRING A LOCAL BO ARD TO: 33 SENATE BILL 163 3
1. WITHIN 3 DAYS AFTER THE DATE ON WHICH IT WAS 1
DETERMINED THAT A VO TER FAILED TO SIGN T HE OATH ON THE BALLO T ENVELOPE, 2
NOTIFY THE VOTER OF THE FAILURE; AND 3
2. PROVIDE THE VOTER AN OPPORTUNITY TO CORRE CT 4
THE OMISSION AND HAV E THE BALLOT COUNTED . 5
(II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 6
A VOTER TO: 7
1. SUPPLY A SIGNATURE T O THE LOCAL BOARD 8
THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE O R E–MAIL IF 9
THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVELOPE OR 10
BALLOT/RETURN ENVELOPE ; AND 11
2. CHOOSE AMONG MULTIPLE METHO DS OF 12
COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE 13
OATH ON THE BALLOT E NVELOPE, INCLUDING: 14
A. TEXT MESSAGE ; 15
B. AN ACCESSIBLE ONLINE PORTAL; 16
C. A MAILED FORM ; AND 17
D. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE . 18
[(4)] (5) If the local board receives more than one legally sufficient ballot, 19
in separate envelopes, from the same individual, the local board shall: 20
(i) count only the ballot with the [latest] FIRST properly signed 21
oath; and 22
(ii) reject any other ballot. 23
[(5)] (6) If the intent of the voter is not clearly demonstrated, the local 24
board shall reject only the vote for that office or question. 25
[(6)] (7) If an absentee voter casts a vote for an individual who has ceased 26
to be a candidate, the vote for that candidate may not be counted, but that vote does not 27
invalidate the remainder of the ballot. 28
4 SENATE BILL 163
(e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 1
of each day of canvassing, a local board shall prepare and release a report of the unofficial 2
results of the absentee ballot vote tabulation. 3
11–303. 4
(d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 5
not reject a provisional ballot except by unanimous vote and in accordance with regulations 6
of the State Board. 7
(2) The local board shall reject a provisional ballot if: 8
(i) pursuant to paragraph (4) of this subsection, the local board 9
determines that the individual who cast the provisional ballot is not qualified to vote that 10
provisional ballot; 11
(ii) the individual failed to sign the oath on the provisional ballot 12
application; 13
(iii) the individual cast more than one ballot for the same election; or 14
(iv) the local board determines that a provisional ballot is 15
intentionally marked with an identifying mark that is clearly evident and placed on the 16
ballot for the purpose of identifying the ballot. 17
(3) If the intent of the voter with respect to a particular contest is not 18
clearly demonstrated, the local board shall reject only the vote for that contest. 19
(4) For the purposes of this section, an individual is qualified to vote the 20
provisional ballot cast if the local board determines that: 21
(i) the individual is registered in the State; 22
(ii) if the provisional ballot was cast because the voter failed to 23
provide required identification, the individual who cast the provisional ballot has met the 24
identification requirements established by the State Board; and 25
(iii) if the provisional ballot was cast during a period covered by a 26
court order or other order extending the time for closing the polls, the order has not been 27
invalidated by a subsequent court order. 28
11–303.2. 29
(A) A LOCAL BOARD SHALL CO UNT AN ABSENTEE BALL OT AND REJECT A 30
PROVISIONAL BALLOT C AST BY THE SAME INDI VIDUAL IF THE LOCAL BO ARD: 31
SENATE BILL 163 5
(1) RECEIVED THE ABSENTE E BALLOT BEFORE THE COMMENCEMENT 1
OF THE CANVASS OF PR OVISIONAL BALLOTS ; AND 2
(2) (I) THE ABSENTEE BALLOT WAS LEGALLY SUFFICIE NT WHEN 3
RECEIVED; OR 4
(II) 1. THE ABSENTEE BALLOT WAS LEGALLY INSUFFIC IENT 5
DUE TO THE FAILURE O F THE VOTER TO SIGN THE OATH ON THE BALL OT ENVELOPE; 6
AND 7
2. THE VOTER CORRECTED THE OMISSION UNDER § 8
11–302 OF THIS SUBTITLE . 9
(B) A LOCAL BOARD SHALL CO UNT A PROVISIONAL BA LLOT AND REJECT AN 10
ABSENTEE BALLOT CAST BY THE SAME IND IVIDUAL IF: 11
(1) THE LOCAL BOARD RECEIVED THE ABSENTE E BALLOT AFTER THE 12
COMMENCEMENT OF THE CANVASS OF PROVISION AL BALLOTS; AND 13
(2) THE PROVISIONAL BALL OT IS LEGALLY SUFFIC IENT. 14
11–402. 15
(a) Unless otherwise provided by the Maryland Constitution, and [except as 16
provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall 17
prepare a statement of election results by precinct for each candidate or question voted on 18
at the election and declare: 19
(1) who is elected or nominated for office: 20
(i) in county government; or 21
(ii) for any other office voted for only within that county, if the 22
certificate of candidacy for that office was issued by the local board; and 23
(2) whether or not a question is adopted or approved. 24
(b) The statement prepared by the board of canvassers under this section [may 25
not] SHALL report the EARLY, absentee, AND PROVISIONAL vote separately by precinct. 26
(c) Each local board shall publish a sufficient number of copies of the complete 27
election results, tabulated by precinct, and shall make the copies available to the public at 28
cost. 29
6 SENATE BILL 163
(d) (1) In addition to the statement of election results specified under 1
subsection (a) of this section, the State Board shall make available in an electronic format 2
a report of election results for each candidate or question voted on at the election: 3
(i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 4
PROVISIONAL VOTE ; 5
(ii) by State legislative district, including any subdistrict; 6
(iii) by county legislative district; and 7
(iv) for each county as a whole. 8
(2) The State Board may make the report specified under paragraph (1) of 9
this subsection available to the public at cost. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 11
measure, is necessary for the immediate preservation of the public health or safety, has 12
been passed by a yea and nay vote supported by three–fifths of all the members elected to 13
each of the two Houses of the General Assembly, and shall take effect from the date it is 14
enacted. 15