EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[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.
*sb0163*
SENATE BILL 163
G1 EMERGENCY BILL 2lr0833
(PRE–FILED)
By: Senator Kagan Senators Kagan, Ellis, Hester, Lam, Pinsky, and Washington
Requested: October 19, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 9, 2022
CHAPTER ______
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; repealing the requirements that a certain 4
statement of election results be by precinct and that the local boards of elections 5
publish copies of the complete election results in a certain manner; requiring that all 6
a certain report of election results by the State Board of Elections be reported by 7
precinct, including reports of the early, absentee, and provisional vote; and generally 8
relating to ballot processing and reporting procedures. 9
BY repealing and reenacting, with amendments, 10
Article – Election Law 11
Section 11–101, 11–302, 11–303(d), and 11–402 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Election Law 16
Section 11–303.2 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21 2 SENATE BILL 163
Article – Election Law 1
11–101. 2
(a) In this title the following words have the meanings indicated. 3
(b) “Board of canvassers” means the local board of elections in a county after the 4
local board organizes itself for the purpose of canvassing the vote [after] FOR an election 5
in that county. 6
(c) (1) “Canvass” means the entire process of vote tallying, vote tabulation, 7
and vote verification [or audit], culminating in the production and certification of the 8
official election results. 9
(2) For absentee ballots, the “canvass” includes the opening of any envelope 10
accompanying an absentee ballot and the assembly and review of absentee ballots [in 11
preparation for vote tallying]. 12
(3) For provisional ballots, the “canvass” includes the review of the 13
provisional ballot applications described in § 11–303 of this title and the assembly and 14
review of provisional ballots [in preparation for vote tallying]. 15
(4) For votes cast during early voting, the “canvass” includes the VOTE 16
tabulation [of votes cast] during early voting. 17
(5) For votes cast in a special election conducted by mail under Title 9, 18
Subtitle 5 of this article, the “canvass” includes: 19
(i) the opening of any envelope accompanying a vote–by–mail ballot 20
and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; 21
and 22
(ii) the tabulation of vote–by–mail ballots. 23
(d) “Counting center” means one or more central locations designated by a local 24
board to conduct the canvass. 25
(e) “Removable data storage device” means a read–only memory device that is 26
programmed to record votes as they are cast on an electronic voting system. 27
(f) [(1)] “Unofficial returns” means [a] vote [tabulation] TOTALS reported on 28
election night after the polls close. 29
[(2) “Unofficial returns” does not include the absentee ballot count or the 30
provisional ballot count.] 31 SENATE BILL 163 3
(g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast 1
by individual voters to produce vote totals at any level. 2
(h) “Vote tallying” means the recording of votes cast by individual voters on a 3
certified voting system [whether done by: 4
(1) a mechanical lever voting machine; 5
(2) an electronic voting device; or 6
(3) making marks manually on a tally sheet]. 7
11–302. 8
(a) (1) [Following an election, each] EACH local board shall meet at its 9
designated counting center to canvass the absentee ballots cast in that election in 10
accordance with the regulations and guidelines established by the State Board. 11
(2) AFTER THE COMMENCEMEN T OF THE CANVASS OF ABSENTEE 12
BALLOTS IN ACCORDANC E WITH THIS SECTION , A LOCAL BOARD SHALL REVIEW THE 13
BALLOT ENVELOPE OR B ALLOT/RETURN ENVELOPE FOR THE OMISSION OF THE 14
VOTER’S SIGNATURE ON THE O ATH. 15
(b) (1) [A] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A local 16
board may not [open] ACCEPT, REJECT, OPEN, OR PROCESS any envelope of an absentee 17
ballot [prior to] BEFORE 8 a.m. on the [Wednesday following election day] DAY THAT IS 8 18
BUSINESS DAYS BEFORE THE FIRS T DAY OF EARLY VOTIN G. 19
(2) A local board may not delay the commencement of the canvass to await 20
the receipt of late–arriving, timely absentee ballots. 21
(3) A LOCAL BOARD OR AN EMPLOYEE OF A LOCAL BOARD MAY NOT 22
TABULATE RELEASE ABSENTEE BALLOT RESULTS VOTE TOTALS BEFORE ELECTION 23
DAY. 24
(c) (1) An absentee ballot shall be deemed timely received if it is received in 25
accordance with the regulations and guidelines established by the State Board. 26
(2) An absentee ballot that is received after the deadline specified by the 27
regulations and guidelines may not be counted. 28
(d) (1) The State Board shall adopt regulations that reflect the policy that the 29
clarity of the intent of the voter is the overriding consideration in determining the validity 30
of an absentee ballot or the vote cast in a particular contest. 31
4 SENATE BILL 163
(2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 1
not reject an absentee ballot except by unanimous vote and in accordance with regulations 2
of the State Board. 3
(3) The local board shall reject an absentee ballot if: 4
(i) the voter failed to sign the oath on the ballot envelope OR 5
BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFOR E 10 6
A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY; 7
(ii) the local board received more than one ballot from the same 8
individual for the same election in the same ballot envelope; or 9
(iii) the local board determines that an absentee ballot is 10
intentionally marked with an identifying mark that is clearly evident and placed on the 11
ballot for the purpose of identifying the ballot. 12
(4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 13
REQUIRING A LOCAL BO ARD TO: 14
1. WITHIN 3 AS SOON AS PRACTICAB LE BUT NOT LATER 15
THAN 3 BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETE RMINED THAT A 16
VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVE LOPE OR BALLOT/RETURN 17
ENVELOPE, NOTIFY THE VOTER OF THE FAILURE; AND 18
2. PROVIDE THE VOTER AN OPPORTUNITY TO CORRE CT 19
THE OMISSION AND HAV E THE BALLOT COUNTED . 20
(II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 21
A VOTER TO: 22
1. SUPPLY A SIGNATURE T O THE LOCAL BOARD 23
THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE O R E–MAIL IF 24
THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVELOPE OR 25
BALLOT/RETURN ENVELOPE ; AND 26
2. CHOOSE AMONG MULTIPL E METHODS OF 27
COMMUNICATI NG WITH THE LOCAL BO ARD TO CORRECT THE F AILURE TO SIGN THE 28
OATH ON THE BALLOT E NVELOPE OR BALLOT/RETURN ENVELOPE , INCLUDING: 29
A. TEXT MESSAGE ; 30
B. E–MAIL; 31
B. C. AN ACCESSIBLE ONLINE PORTAL; 32 SENATE BILL 163 5
C. D. A MAILED FORM ; AND 1
D. E. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE . 2
[(4)] (5) If the local board receives more than one legally sufficient ballot, 3
in separate envelopes, from the same individual, the local board shall: 4
(i) count only the ballot with the [latest] FIRST properly signed 5
oath; and 6
(ii) reject any other ballot. 7
[(5)] (6) If the intent of the voter is not clearly demonstrated, the local 8
board shall reject only the vote for that office or question. 9
[(6)] (7) If an absentee voter casts a vote for an individual who has ceased 10
to be a candidate, the vote for that candidate may not be counted, but that vote does not 11
invalidate the remainder of the ballot. 12
(e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 13
of each day of canvassing, a local board shall prepare and release a report of the unofficial 14
results RETURNS of the absentee ballot vote tabulation. 15
11–303. 16
(d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 17
not reject a provisional ballot except by unanimous vote and in accordance with regulations 18
of the State Board. 19
(2) The local board shall reject a provisional ballot if: 20
(i) pursuant to paragraph (4) of this subsection, the local board 21
determines that the individual who cast the provisional ballot is not qualified to vote that 22
provisional ballot; 23
(ii) the individual failed to sign the oath on the provisional ballot 24
application; 25
(iii) the individual cast more than one ballot for the same election; or 26
(iv) the local board determines that a provisional ballot is 27
intentionally marked with an identifying mark that is clearly evident and placed on the 28
ballot for the purpose of identifying the ballot. 29
6 SENATE BILL 163
(3) If the intent of the voter with respect to a particular contest is not 1
clearly demonstrated, the local board shall reject only the vote for that contest. 2
(4) For the purposes of this section, an individual is qualified to vote the 3
provisional ballot cast if the local board determines that: 4
(i) the individual is registered in the State; 5
(ii) if the provisional ballot was cast because the voter failed to 6
provide required identification, the individual who cast the provisional ballot has met the 7
identification requirements established by the State Board; and 8
(iii) if the provisional ballot was cast during a period covered by a 9
court order or other order extending the time for closing the polls, the order has not been 10
invalidated by a subsequent court order. 11
11–303.2. 12
(A) A LOCAL BOARD SHALL CO UNT AN ABSENTEE BALL OT AND REJECT A 13
PROVISIONAL BALLOT C AST BY THE SAME INDI VIDUAL IF THE LOCAL BOARD: 14
(1) RECEIVED THE ABSENTE E BALLOT BEFORE THE COMMENCEMENT 15
OF THE CANVASS OF PR OVISIONAL BALLOTS ; AND 16
(2) (I) THE ABSENTEE BALLOT WAS LEGALLY SUFFICIENT W HEN 17
RECEIVED; OR 18
(II) 1. THE ABSENTEE BALLOT WAS LEGALLY INSUFFIC IENT 19
DUE TO THE FAILURE O F THE VOTER TO SIGN THE OATH ON THE BALL OT ENVELOPE; 20
AND 21
2. THE VOTER CORRECTED THE OMISSION UNDER § 22
11–302 OF THIS SUBTITLE. 23
(B) A LOCAL BOARD SHALL CO UNT A PROVISIONAL BA LLOT AND REJECT AN 24
ABSENTEE BALLOT CAST BY THE SAME INDIVIDU AL IF: 25
(1) THE LOCAL BOARD RECE IVED THE ABSENTEE BA LLOT AFTER THE 26
COMMENCEMENT OF THE CANVASS OF PROVISION AL BALLOTS; AND 27
(2) THE PROVISIONAL BALLOT IS LEGALLY SUFFICIENT . 28
11–402. 29
SENATE BILL 163 7
(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 this section [may 10
not] SHALL report the EARLY, absentee, AND PROVISIONAL vote separately by precinct. 11
(c) Each local board shall publish a sufficient number of copies of the complete 12
election results, tabulated by precinct, and shall make the copies available to the public at 13
cost. 14
(d) (C) (1) In addition to the statement of election results specified under 15
subsection (a) of this section, the State Board shall make available in an electronic format 16
a report of election results for each candidate or question voted on at the election: 17
(i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 18
PROVISIONAL VOTE ; 19
(ii) by State legislative district, including any subdistrict; 20
(iii) by county legislative district; and 21
(iv) for each county as a whole. 22
(2) The State Board may make the report specified under paragraph (1) of 23
this subsection available to the public at cost. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
measure, is necessary for the immediate preservation of the public health or safety, has 26
been passed by a yea and nay vote supported by three–fifths of all the members elected to 27
each of the two Houses of the General Assembly, and shall take effect from the date it is 28
enacted. 29