MD
Maryland Senate Bill SB163

Maryland 2022 Regular Session

Maryland Senate Bill SB163 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
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 *sb0163*
109
1110 SENATE BILL 163
12-G1 EMERGENCY BILL (2lr0833)
13-ENROLLED BILL
14-— Education, Health, and Environmental Affairs/Ways and Means —
15-Introduced by Senator Kagan Senators Kagan, Ellis, Hester, Lam, Pinsky, and
16-Washington
17-
18-Read and Examined by Proofreaders:
19-
20-_______________________________________________
21-Proofreader.
22-_______________________________________________
23-Proofreader.
24-
25-Sealed with the Great Seal and presented to the Governor, for his approval this
26-
27-_______ day of _______________ at ________________________ o’clock, ________M.
28-
29-______________________________________________
30-President.
11+G1 EMERGENCY BILL 2lr0833
12+ (PRE–FILED)
13+By: Senator Kagan Senators Kagan, Ellis, Hester, Lam, Pinsky, and Washington
14+Requested: October 19, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Education, Health, and Environmental Affairs
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 9, 2022
3120
3221 CHAPTER ______
3322
3423 AN ACT concerning 1
3524
3625 Election Law – Ballots – Processing and Reporting Procedures 2
3726
3827 FOR the purpose of altering the procedures for the canvassing of and curing of errors on 3
3928 absentee and provisional ballots; repealing the requirements that a certain 4
4029 statement of election results be by precinct and that the local boards of elections 5
4130 publish copies of the complete election results in a certain manner; requiring that all 6
4231 a certain report of election results by the State Board of Elections be reported by 7
4332 precinct, including reports of the early, absentee, and provisional vote; and generally 8
4433 relating to ballot processing and reporting procedures. 9
4534
4635 BY repealing and reenacting, with amendments, 10
4736 Article – Election Law 11
4837 Section 11–101, 11–302, 11–303(d), and 11–402 12
49- Annotated Code of Maryland 13 2 SENATE BILL 163
38+ Annotated Code of Maryland 13
39+ (2017 Replacement Volume and 2021 Supplement) 14
40+
41+BY adding to 15
42+ Article – Election Law 16
43+Section 11–303.2 17
44+ Annotated Code of Maryland 18
45+ (2017 Replacement Volume and 2021 Supplement) 19
46+
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
48+That the Laws of Maryland read as follows: 21 2 SENATE BILL 163
5049
5150
52- (2017 Replacement Volume and 2021 Supplement) 1
5351
54-BY adding to 2
55- Article – Election Law 3
56-Section 11–303.2 4
57- Annotated Code of Maryland 5
58- (2017 Replacement Volume and 2021 Supplement) 6
52+Article – Election Law 1
5953
60- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
61-That the Laws of Maryland read as follows: 8
54+11–101. 2
6255
63-Article – Election Law 9
56+ (a) In this title the following words have the meanings indicated. 3
6457
65-11–101. 10
58+ (b) “Board of canvassers” means the local board of elections in a county after the 4
59+local board organizes itself for the purpose of canvassing the vote [after] FOR an election 5
60+in that county. 6
6661
67- (a) In this title the following words have the meanings indicated. 11
62+ (c) (1) “Canvass” means the entire process of vote tallying, vote tabulation, 7
63+and vote verification [or audit], culminating in the production and certification of the 8
64+official election results. 9
6865
69- (b) “Board of canvassers” means the local board of elections in a county after the 12
70-local board organizes itself for the purpose of canvassing the vote [after] FOR an election 13
71-in that county. 14
66+ (2) For absentee ballots, the “canvass” includes the opening of any envelope 10
67+accompanying an absentee ballot and the assembly and review of absentee ballots [in 11
68+preparation for vote tallying]. 12
7269
73- (c) (1) “Canvass” means the entire process of vote tallying, vote tabulation, 15
74-and vote verification [or audit], culminating in the production and certification of the 16
75-official election results. 17
70+ (3) For provisional ballots, the “canvass” includes the review of the 13
71+provisional ballot applications described in § 11–303 of this title and the assembly and 14
72+review of provisional ballots [in preparation for vote tallying]. 15
7673
77- (2) For absentee ballots, the “canvass” includes the opening of any envelope 18
78-accompanying an absentee ballot and the assembly and review of absentee ballots [in 19
79-preparation for vote tallying]. 20
74+ (4) For votes cast during early voting, the “canvass” includes the VOTE 16
75+tabulation [of votes cast] during early voting. 17
8076
81- (3) For provisional ballots, the “canvass” includes the review of the 21
82-provisional ballot applications described in § 11–303 of this title and the assembly and 22
83-review of provisional ballots [in preparation for vote tallying]. 23
77+ (5) For votes cast in a special election conducted by mail under Title 9, 18
78+Subtitle 5 of this article, the “canvass” includes: 19
8479
85- (4) For votes cast during early voting, the “canvass” includes the VOTE 24
86-tabulation [of votes cast] during early voting. 25
80+ (i) the opening of any envelope accompanying a vote–by–mail ballot 20
81+and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; 21
82+and 22
8783
88- (5) For votes cast in a special election conducted by mail under Title 9, 26
89-Subtitle 5 of this article, the “canvass” includes: 27
84+ (ii) the tabulation of vote–by–mail ballots. 23
9085
91- (i) the opening of any envelope accompanying a vote–by–mail ballot 28
92-and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; 29
93-and 30
86+ (d) “Counting center” means one or more central locations designated by a local 24
87+board to conduct the canvass. 25
9488
95- (ii) the tabulation of vote–by–mail ballots. 31
96- SENATE BILL 163 3
89+ (e) “Removable data storage device” means a read–only memory device that is 26
90+programmed to record votes as they are cast on an electronic voting system. 27
91+
92+ (f) [(1)] “Unofficial returns” means [a] vote [tabulation] TOTALS reported on 28
93+election night after the polls close. 29
94+
95+ [(2) “Unofficial returns” does not include the absentee ballot count or the 30
96+provisional ballot count.] 31 SENATE BILL 163 3
9797
9898
99- (d) “Counting center” means one or more central locations designated by a local 1
100-board to conduct the canvass. 2
10199
102- (e) “Removable data storage device” means a read–only memory device that is 3
103-programmed to record votes as they are cast on an electronic voting system. 4
100+ (g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast 1
101+by individual voters to produce vote totals at any level. 2
104102
105- (f) [(1)] “Unofficial returns” means [a] vote [tabulation] TOTALS reported on 5
106-election night after the polls close. 6
103+ (h) “Vote tallying” means the recording of votes cast by individual voters on a 3
104+certified voting system [whether done by: 4
107105
108- [(2) “Unofficial returns” does not include the absentee ballot count or the 7
109-provisional ballot count.] 8
106+ (1) a mechanical lever voting machine; 5
110107
111- (g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast 9
112-by individual voters to produce vote totals at any level. 10
108+ (2) an electronic voting device; or 6
113109
114- (h) “Vote tallying” means the recording of votes cast by individual voters on a 11
115-certified voting system [whether done by: 12
110+ (3) making marks manually on a tally sheet]. 7
116111
117- (1) a mechanical lever voting machine; 13
112+11–302. 8
118113
119- (2) an electronic voting device; or 14
114+ (a) (1) [Following an election, each] EACH local board shall meet at its 9
115+designated counting center to canvass the absentee ballots cast in that election in 10
116+accordance with the regulations and guidelines established by the State Board. 11
120117
121- (3) making marks manually on a tally sheet]. 15
118+ (2) AFTER THE COMMENCEMEN T OF THE CANVASS OF ABSENTEE 12
119+BALLOTS IN ACCORDANC E WITH THIS SECTION , A LOCAL BOARD SHALL REVIEW THE 13
120+BALLOT ENVELOPE OR B ALLOT/RETURN ENVELOPE FOR THE OMISSION OF THE 14
121+VOTER’S SIGNATURE ON THE O ATH. 15
122122
123-11–302. 16
123+ (b) (1) [A] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A local 16
124+board may not [open] ACCEPT, REJECT, OPEN, OR PROCESS any envelope of an absentee 17
125+ballot [prior to] BEFORE 8 a.m. on the [Wednesday following election day] DAY THAT IS 8 18
126+BUSINESS DAYS BEFORE THE FIRS T DAY OF EARLY VOTIN G. 19
124127
125- (a) (1) [Following an election, each] EACH local board shall meet at its 17
126-designated counting center to canvass the absentee ballots cast in that election in 18
127-accordance with the regulations and guidelines established by the State Board. 19
128+ (2) A local board may not delay the commencement of the canvass to await 20
129+the receipt of late–arriving, timely absentee ballots. 21
128130
129- (2) AFTER THE COMMENCEMEN T OF THE CANVASS OF ABSENTEE 20
130-BALLOTS IN ACCORDANC E WITH THIS SECTION PROMPTLY AFTER RECEIP T OF AN 21
131-ABSENTEE BALLOT , A LOCAL BOARD SHALL REVIEW THE BALLOT EN VELOPE OR 22
132-BALLOT/RETURN ENVELOPE FOR THE OMISSION OF THE VOTER’S SIGNATURE ON 23
133-THE OATH. 24
131+ (3) A LOCAL BOARD OR AN EMPLOYEE OF A LOCAL BOARD MAY NOT 22
132+TABULATE RELEASE ABSENTEE BALLOT RESULTS VOTE TOTALS BEFORE ELECTION 23
133+DAY. 24
134134
135- (b) (1) [A] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION AND 25
136-EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION, A local board may not 26
137-[open] ACCEPT, REJECT, OPEN, OR PROCESS any envelope of an absentee ballot [prior 27
138-to] BEFORE 8 a.m. on the [Wednesday following election day] DAY THAT IS 8 BUSINESS 28
139-DAYS BEFORE THE FIRS T DAY OF EARLY VOTIN G. 29
135+ (c) (1) An absentee ballot shall be deemed timely received if it is received in 25
136+accordance with the regulations and guidelines established by the State Board. 26
140137
141- (2) A local board may not delay the commencement of the canvass to await 30
142-the receipt of late–arriving, timely absentee ballots. 31
138+ (2) An absentee ballot that is received after the deadline specified by the 27
139+regulations and guidelines may not be counted. 28
140+
141+ (d) (1) The State Board shall adopt regulations that reflect the policy that the 29
142+clarity of the intent of the voter is the overriding consideration in determining the validity 30
143+of an absentee ballot or the vote cast in a particular contest. 31
143144 4 SENATE BILL 163
144145
145146
146- (3) A LOCAL BOARD OR AN EMPLOYEE OF A LOCAL BOARD MAY NOT 1
147-TABULATE RELEASE TABULATE ABSENTEE BALLOT RESULTS VOTE TOTALS BEFORE 2
148-THE POLLS CLOSE ON ELECTION DAY. 3
147+ (2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 1
148+not reject an absentee ballot except by unanimous vote and in accordance with regulations 2
149+of the State Board. 3
149150
150- (c) (1) An absentee ballot shall be deemed timely received if it is received in 4
151-accordance with the regulations and guidelines established by the State Board. 5
151+ (3) The local board shall reject an absentee ballot if: 4
152152
153- (2) An absentee ballot that is received after the deadline specified by the 6
154-regulations and guidelines may not be counted. 7
153+ (i) the voter failed to sign the oath on the ballot envelope OR 5
154+BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFOR E 10 6
155+A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY; 7
155156
156- (d) (1) The State Board shall adopt regulations that reflect the policy that the 8
157-clarity of the intent of the voter is the overriding consideration in determining the validity 9
158-of an absentee ballot or the vote cast in a particular contest. 10
157+ (ii) the local board received more than one ballot from the same 8
158+individual for the same election in the same ballot envelope; or 9
159159
160- (2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 11
161-not reject an absentee ballot except by unanimous vote and in accordance with regulations 12
162-of the State Board. 13
160+ (iii) the local board determines that an absentee ballot is 10
161+intentionally marked with an identifying mark that is clearly evident and placed on the 11
162+ballot for the purpose of identifying the ballot. 12
163163
164- (3) The local board shall reject an absentee ballot if: 14
164+ (4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 13
165+REQUIRING A LOCAL BO ARD TO: 14
165166
166- (i) the voter failed to sign the oath on the ballot envelope OR 15
167-BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFORE 10 16
168-A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY; 17
167+ 1. WITHIN 3 AS SOON AS PRACTICAB LE BUT NOT LATER 15
168+THAN 3 BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETE RMINED THAT A 16
169+VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVE LOPE OR BALLOT/RETURN 17
170+ENVELOPE, NOTIFY THE VOTER OF THE FAILURE; AND 18
169171
170- (ii) the local board received more than one ballot from the same 18
171-individual for the same election in the same ballot envelope; or 19
172+ 2. PROVIDE THE VOTER AN OPPORTUNITY TO CORRE CT 19
173+THE OMISSION AND HAV E THE BALLOT COUNTED . 20
172174
173- (iii) the local board determines that an absentee ballot is 20
174-intentionally marked with an identifying mark that is clearly evident and placed on the 21
175-ballot for the purpose of identifying the ballot. 22
175+ (II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 21
176+A VOTER TO: 22
176177
177- (4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 23
178-REQUIRING A LOCAL BO ARD TO: 24
178+ 1. SUPPLY A SIGNATURE T O THE LOCAL BOARD 23
179+THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE O R E–MAIL IF 24
180+THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVELOPE OR 25
181+BALLOT/RETURN ENVELOPE ; AND 26
179182
180- 1. WITHIN 3 AS SOON AS PRACTIC ABLE BUT NOT LATER 25
181-THAN 3 BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETE RMINED THAT A 26
182-VOTER FAILED TO SIGN THE OATH ON THE BALL OT ENVELOPE OR BALLOT/RETURN 27
183-ENVELOPE, NOTIFY THE VOTER OF THE FAILURE; AND 28
183+ 2. CHOOSE AMONG MULTIPL E METHODS OF 27
184+COMMUNICATI NG WITH THE LOCAL BO ARD TO CORRECT THE F AILURE TO SIGN THE 28
185+OATH ON THE BALLOT E NVELOPE OR BALLOT/RETURN ENVELOPE , INCLUDING: 29
184186
185- 2. PROVIDE THE VOTER AN OPPORTUNITY TO CORRE CT 29
186-THE OMISSION AND HAV E THE BALLOT COUNTED . 30
187+ A. TEXT MESSAGE ; 30
187188
188- (II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 31
189-A VOTER TO: 32
190- SENATE BILL 163 5
189+ B. E–MAIL; 31
190+
191+ B. C. AN ACCESSIBLE ONLINE PORTAL; 32 SENATE BILL 163 5
191192
192193
193- 1. SUPPLY A SIGNATURE T O THE LOCAL BOARD 1
194-THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE OR E–MAIL 2
195-OR, BEGINNING JUNE 1, 2023, MOBILE TELEPHONE , IF THE VOTER FAILED TO SIGN 3
196-THE OATH ON THE BALL OT ENVELOPE OR BALLO T/RETURN ENVELOPE ; AND 4
197194
198- 2. CHOOSE AMONG MULTIPL E METHODS OF 5
199-COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE 6
200-OATH ON THE BALLOT E NVELOPE OR BALLOT/RETURN ENVELOPE , INCLUDING: 7
195+ C. D. A MAILED FORM ; AND 1
201196
202- A. TEXT MESSAGE ; 8
197+ D. E. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE . 2
203198
204- B. E–MAIL; 9
199+ [(4)] (5) If the local board receives more than one legally sufficient ballot, 3
200+in separate envelopes, from the same individual, the local board shall: 4
205201
206- B. C. B. AN ACCESSIBLE ONLINE PORTAL; 10
202+ (i) count only the ballot with the [latest] FIRST properly signed 5
203+oath; and 6
207204
208- C. D. A MAILED FORM ; AND 11
205+ (ii) reject any other ballot. 7
209206
210- D. E. C. AN IN–PERSON VISIT TO THE LOCAL BOARD 12
211-OFFICE; AND 13
207+ [(5)] (6) If the intent of the voter is not clearly demonstrated, the local 8
208+board shall reject only the vote for that office or question. 9
212209
213- D. BEGINNING JUNE 1, 2023, TEXT MESSAGE AND AN 14
214-ACCESSIBLE ONLINE PO RTAL. 15
210+ [(6)] (7) If an absentee voter casts a vote for an individual who has ceased 10
211+to be a candidate, the vote for that candidate may not be counted, but that vote does not 11
212+invalidate the remainder of the ballot. 12
215213
216- [(4)] (5) If the local board receives more than one legally sufficient ballot, 16
217-in separate envelopes, from the same individual, the local board shall: 17
214+ (e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 13
215+of each day of canvassing, a local board shall prepare and release a report of the unofficial 14
216+results RETURNS of the absentee ballot vote tabulation. 15
218217
219- (i) count only the ballot with the [latest] FIRST properly signed 18
220-oath; and 19
218+11–303. 16
221219
222- (ii) reject any other ballot. 20
220+ (d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 17
221+not reject a provisional ballot except by unanimous vote and in accordance with regulations 18
222+of the State Board. 19
223223
224- [(5)] (6) (5) If the intent of the voter is not clearly demonstrated, the local 21
225-board shall reject only the vote for that office or question. 22
224+ (2) The local board shall reject a provisional ballot if: 20
226225
227- [(6)] (7) (6) If an absentee voter casts a vote for an individual who has ceased 23
228-to be a candidate, the vote for that candidate may not be counted, but that vote does not 24
229-invalidate the remainder of the ballot. 25
226+ (i) pursuant to paragraph (4) of this subsection, the local board 21
227+determines that the individual who cast the provisional ballot is not qualified to vote that 22
228+provisional ballot; 23
230229
231- (e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 26
232-of each day of canvassing, a local board shall prepare and release a report of the unofficial 27
233-results RETURNS of the absentee ballot vote tabulation. 28
230+ (ii) the individual failed to sign the oath on the provisional ballot 24
231+application; 25
234232
235-11–303. 29
233+ (iii) the individual cast more than one ballot for the same election; or 26
234+
235+ (iv) the local board determines that a provisional ballot is 27
236+intentionally marked with an identifying mark that is clearly evident and placed on the 28
237+ballot for the purpose of identifying the ballot. 29
236238 6 SENATE BILL 163
237239
238240
239- (d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 1
240-not reject a provisional ballot except by unanimous vote and in accordance with regulations 2
241-of the State Board. 3
241+ (3) If the intent of the voter with respect to a particular contest is not 1
242+clearly demonstrated, the local board shall reject only the vote for that contest. 2
242243
243- (2) The local board shall reject a provisional ballot if: 4
244+ (4) For the purposes of this section, an individual is qualified to vote the 3
245+provisional ballot cast if the local board determines that: 4
244246
245- (i) pursuant to paragraph (4) of this subsection, the local board 5
246-determines that the individual who cast the provisional ballot is not qualified to vote that 6
247-provisional ballot; 7
247+ (i) the individual is registered in the State; 5
248248
249- (ii) the individual failed to sign the oath on the provisional ballot 8
250-application; OR 9
249+ (ii) if the provisional ballot was cast because the voter failed to 6
250+provide required identification, the individual who cast the provisional ballot has met the 7
251+identification requirements established by the State Board; and 8
251252
252- (iii) the individual cast more than one ballot for the same election; or 10
253+ (iii) if the provisional ballot was cast during a period covered by a 9
254+court order or other order extending the time for closing the polls, the order has not been 10
255+invalidated by a subsequent court order. 11
253256
254- (iv) the local board determines that a provisional ballot is 11
255-intentionally marked with an identifying mark that is clearly evident and placed on the 12
256-ballot for the purpose of identifying the ballot. 13
257+11–303.2. 12
257258
258- (3) If the intent of the voter with respect to a particular contest is not 14
259-clearly demonstrated, the local board shall reject only the vote for that contest. 15
259+ (A) A LOCAL BOARD SHALL CO UNT AN ABSENTEE BALL OT AND REJECT A 13
260+PROVISIONAL BALLOT C AST BY THE SAME INDI VIDUAL IF THE LOCAL BOARD: 14
260261
261- (4) For the purposes of this section, an individual is qualified to vote the 16
262-provisional ballot cast if the local board determines that: 17
262+ (1) RECEIVED THE ABSENTE E BALLOT BEFORE THE COMMENCEMENT 15
263+OF THE CANVASS OF PR OVISIONAL BALLOTS ; AND 16
263264
264- (i) the individual is registered in the State; 18
265+ (2) (I) THE ABSENTEE BALLOT WAS LEGALLY SUFFICIENT W HEN 17
266+RECEIVED; OR 18
265267
266- (ii) if the provisional ballot was cast because the voter failed to 19
267-provide required identification, the individual who cast the provisional ballot has met the 20
268-identification requirements established by the State Board; and 21
268+ (II) 1. THE ABSENTEE BALLOT WAS LEGALLY INSUFFIC IENT 19
269+DUE TO THE FAILURE O F THE VOTER TO SIGN THE OATH ON THE BALL OT ENVELOPE; 20
270+AND 21
269271
270- (iii) if the provisional ballot was cast during a period covered by a 22
271-court order or other order extending the time for closing the polls, the order has not been 23
272-invalidated by a subsequent court order. 24
272+ 2. THE VOTER CORRECTED THE OMISSION UNDER § 22
273+11–302 OF THIS SUBTITLE. 23
273274
274-11–303.2. 25
275+ (B) A LOCAL BOARD SHALL CO UNT A PROVISIONAL BA LLOT AND REJECT AN 24
276+ABSENTEE BALLOT CAST BY THE SAME INDIVIDU AL IF: 25
275277
276- (A) A LOCAL BOARD SHALL CO UNT AN ABSENTEE BALL OT AND REJECT A 26
277-PROVISIONAL BALLOT C AST BY THE SAME INDI VIDUAL IF THE LOCAL BOARD: 27
278+ (1) THE LOCAL BOARD RECE IVED THE ABSENTEE BA LLOT AFTER THE 26
279+COMMENCEMENT OF THE CANVASS OF PROVISION AL BALLOTS; AND 27
278280
279- (1) RECEIVED THE ABSENTE E BALLOT BEFORE THE COMMENCEMENT 28
280-OF THE CANVASS OF PR OVISIONAL BALLOTS ; AND 29
281+ (2) THE PROVISIONAL BALLOT IS LEGALLY SUFFICIENT . 28
281282
282- (2) (I) THE ABSENTEE BALLOT WAS LEGALLY SUFFICIE NT WHEN 30
283-RECEIVED; OR 31
283+11–402. 29
284284 SENATE BILL 163 7
285285
286286
287- (II) 1. THE ABSENTEE BALLOT WAS LEGALLY INSUFFIC IENT 1
288-DUE TO THE FAILURE O F THE VOTER TO SIGN THE OATH ON THE BALL OT ENVELOPE; 2
289-AND 3
287+ (a) Unless otherwise provided by the Maryland Constitution, and [except as 1
288+provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall 2
289+prepare a statement of election results by precinct for each candidate or question voted on 3
290+at the election and declare: 4
290291
291- 2. THE VOTER CORRECTED THE OMISSION UNDER § 4
292-11–302 OF THIS SUBTITLE. 5
292+ (1) who is elected or nominated for office: 5
293293
294- (B) A LOCAL BOARD SHALL CO UNT A PROVISIONAL BA LLOT AND REJECT AN 6
295-ABSENTEE BALLOT CAST BY THE SAME INDIVIDU AL IF: 7
294+ (i) in county government; or 6
296295
297- (1) THE LOCAL BOARD RECE IVED THE ABSENTEE BA LLOT AFTER THE 8
298-COMMENCEMENT OF THE CANVASS OF PROVISION AL BALLOTS; AND 9
296+ (ii) for any other office voted for only within that county, if the 7
297+certificate of candidacy for that office was issued by the local board; and 8
299298
300- (2) THE PROVISIONAL BALLO T IS LEGALLY SUFFICI ENT. 10
299+ (2) whether or not a question is adopted or approved. 9
301300
302- IF A LOCAL BOARD RECE IVES MORE THAN ONE B ALLOT, IN SEPARATE 11
303-ENVELOPES, FROM THE SAME INDIVI DUAL, THE LOCAL BOARD SHAL L: 12
301+ (b) The statement prepared by the board of canvassers under this section [may 10
302+not] SHALL report the EARLY, absentee, AND PROVISIONAL vote separately by precinct. 11
304303
305- (1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT IS 13
306-DETERMINED TO BE LEG ALLY SUFFICIENT ; AND 14
304+ (c) Each local board shall publish a sufficient number of copies of the complete 12
305+election results, tabulated by precinct, and shall make the copies available to the public at 13
306+cost. 14
307307
308- (2) REJECT ANY OTHER BAL LOT. 15
308+ (d) (C) (1) In addition to the statement of election results specified under 15
309+subsection (a) of this section, the State Board shall make available in an electronic format 16
310+a report of election results for each candidate or question voted on at the election: 17
309311
310-11–402. 16
312+ (i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 18
313+PROVISIONAL VOTE ; 19
311314
312- (a) Unless otherwise provided by the Maryland Constitution, and [except as 17
313-provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall 18
314-prepare a statement of election results by precinct for each candidate or question voted on 19
315-at the election and declare: 20
315+ (ii) by State legislative district, including any subdistrict; 20
316316
317- (1) who is elected or nominated for office: 21
317+ (iii) by county legislative district; and 21
318318
319- (i) in county government; or 22
319+ (iv) for each county as a whole. 22
320320
321- (ii) for any other office voted for only within that county, if the 23
322-certificate of candidacy for that office was issued by the local board; and 24
321+ (2) The State Board may make the report specified under paragraph (1) of 23
322+this subsection available to the public at cost. 24
323323
324- (2) whether or not a question is adopted or approved. 25
325-
326- (b) The statement prepared by the board of canvassers under SUBSECTION (A) 26
327-OF this section [may not] SHALL report the EARLY, absentee, AND PROVISIONAL vote 27
328-separately by precinct. 28
329- 8 SENATE BILL 163
330-
331-
332- (c) Each local board shall publish a sufficient number of copies of the complete 1
333-election results, tabulated by precinct, and shall make the copies available to the public at 2
334-cost. 3
335-
336- (d) (C) (1) In addition to the statement of election results specified under 4
337-subsection (a) of this section, the State Board shall make available in an electronic format 5
338-a report of election results for each candidate or question voted on at the election: 6
339-
340- (i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 7
341-PROVISIONAL VOTE ; 8
342-
343- (ii) by State legislative district, including any subdistrict; 9
344-
345- (iii) by county legislative district; and 10
346-
347- (iv) for each county as a whole. 11
348-
349- (2) The State Board may make the report specified under paragraph (1) of 12
350-this subsection available to the public at cost. 13
351-
352- SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstand ing § 14
353-11–302(b)(3) of the Election Law Article, as enacted by Section 1 of this Act, only during the 15
354-2022 statewide primary election, a local board or an employee of a local board: 16
355-
356- (1) may tabulate absentee ballot vote totals before the polls close on election 17
357-day; and 18
358-
359- (2) may not release absentee ballot vote totals before the polls close on 19
360-election day. 20
361-
362- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
363-measure, is necessary for the immediate preservation of the public health or safety, has 22
364-been passed by a yea and nay vote supported by three–fifths of all the members elected to 23
365-each of the two Houses of the General Assembly, and shall take effect from the date it is 24
366-enacted. 25
367-
368-
324+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
325+measure, is necessary for the immediate preservation of the public health or safety, has 26
326+been passed by a yea and nay vote supported by three–fifths of all the members elected to 27
327+each of the two Houses of the General Assembly, and shall take effect from the date it is 28
328+enacted. 29
369329