EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[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.
Italics indicate opposite chamber/conference committee amendments.
*sb0163*
SENATE BILL 163
G1 EMERGENCY BILL (2lr0833)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Ways and Means —
Introduced by Senator Kagan Senators Kagan, Ellis, Hester, Lam, Pinsky, and
Washington
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 163
(2017 Replacement Volume and 2021 Supplement) 1
BY adding to 2
Article – Election Law 3
Section 11–303.2 4
Annotated Code of Maryland 5
(2017 Replacement Volume and 2021 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Election Law 9
11–101. 10
(a) In this title the following words have the meanings indicated. 11
(b) “Board of canvassers” means the local board of elections in a county after the 12
local board organizes itself for the purpose of canvassing the vote [after] FOR an election 13
in that county. 14
(c) (1) “Canvass” means the entire process of vote tallying, vote tabulation, 15
and vote verification [or audit], culminating in the production and certification of the 16
official election results. 17
(2) For absentee ballots, the “canvass” includes the opening of any envelope 18
accompanying an absentee ballot and the assembly and review of absentee ballots [in 19
preparation for vote tallying]. 20
(3) For provisional ballots, the “canvass” includes the review of the 21
provisional ballot applications described in § 11–303 of this title and the assembly and 22
review of provisional ballots [in preparation for vote tallying]. 23
(4) For votes cast during early voting, the “canvass” includes the VOTE 24
tabulation [of votes cast] during early voting. 25
(5) For votes cast in a special election conducted by mail under Title 9, 26
Subtitle 5 of this article, the “canvass” includes: 27
(i) the opening of any envelope accompanying a vote–by–mail ballot 28
and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; 29
and 30
(ii) the tabulation of vote–by–mail ballots. 31
SENATE BILL 163 3
(d) “Counting center” means one or more central locations designated by a local 1
board to conduct the canvass. 2
(e) “Removable data storage device” means a read–only memory device that is 3
programmed to record votes as they are cast on an electronic voting system. 4
(f) [(1)] “Unofficial returns” means [a] vote [tabulation] TOTALS reported on 5
election night after the polls close. 6
[(2) “Unofficial returns” does not include the absentee ballot count or the 7
provisional ballot count.] 8
(g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast 9
by individual voters to produce vote totals at any level. 10
(h) “Vote tallying” means the recording of votes cast by individual voters on a 11
certified voting system [whether done by: 12
(1) a mechanical lever voting machine; 13
(2) an electronic voting device; or 14
(3) making marks manually on a tally sheet]. 15
11–302. 16
(a) (1) [Following an election, each] EACH local board shall meet at its 17
designated counting center to canvass the absentee ballots cast in that election in 18
accordance with the regulations and guidelines established by the State Board. 19
(2) AFTER THE COMMENCEMEN T OF THE CANVASS OF ABSENTEE 20
BALLOTS IN ACCORDANC E WITH THIS SECTION PROMPTLY AFTER RECEIP T OF AN 21
ABSENTEE BALLOT , A LOCAL BOARD SHALL REVIEW THE BALLOT EN VELOPE OR 22
BALLOT/RETURN ENVELOPE FOR THE OMISSION OF THE VOTER’S SIGNATURE ON 23
THE OATH. 24
(b) (1) [A] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION AND 25
EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION, A local board may not 26
[open] ACCEPT, REJECT, OPEN, OR PROCESS any envelope of an absentee ballot [prior 27
to] BEFORE 8 a.m. on the [Wednesday following election day] DAY THAT IS 8 BUSINESS 28
DAYS BEFORE THE FIRS T DAY OF EARLY VOTIN G. 29
(2) A local board may not delay the commencement of the canvass to await 30
the receipt of late–arriving, timely absentee ballots. 31
4 SENATE BILL 163
(3) A LOCAL BOARD OR AN EMPLOYEE OF A LOCAL BOARD MAY NOT 1
TABULATE RELEASE TABULATE ABSENTEE BALLOT RESULTS VOTE TOTALS BEFORE 2
THE POLLS CLOSE ON ELECTION DAY. 3
(c) (1) An absentee ballot shall be deemed timely received if it is received in 4
accordance with the regulations and guidelines established by the State Board. 5
(2) An absentee ballot that is received after the deadline specified by the 6
regulations and guidelines may not be counted. 7
(d) (1) The State Board shall adopt regulations that reflect the policy that the 8
clarity of the intent of the voter is the overriding consideration in determining the validity 9
of an absentee ballot or the vote cast in a particular contest. 10
(2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 11
not reject an absentee ballot except by unanimous vote and in accordance with regulations 12
of the State Board. 13
(3) The local board shall reject an absentee ballot if: 14
(i) the voter failed to sign the oath on the ballot envelope OR 15
BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFORE 10 16
A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY; 17
(ii) the local board received more than one ballot from the same 18
individual for the same election in the same ballot envelope; or 19
(iii) the local board determines that an absentee ballot is 20
intentionally marked with an identifying mark that is clearly evident and placed on the 21
ballot for the purpose of identifying the ballot. 22
(4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 23
REQUIRING A LOCAL BO ARD TO: 24
1. WITHIN 3 AS SOON AS PRACTIC ABLE BUT NOT LATER 25
THAN 3 BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETE RMINED THAT A 26
VOTER FAILED TO SIGN THE OATH ON THE BALL OT ENVELOPE OR BALLOT/RETURN 27
ENVELOPE, NOTIFY THE VOTER OF THE FAILURE; AND 28
2. PROVIDE THE VOTER AN OPPORTUNITY TO CORRE CT 29
THE OMISSION AND HAV E THE BALLOT COUNTED . 30
(II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 31
A VOTER TO: 32
SENATE BILL 163 5
1. SUPPLY A SIGNATURE T O THE LOCAL BOARD 1
THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE OR E–MAIL 2
OR, BEGINNING JUNE 1, 2023, MOBILE TELEPHONE , IF THE VOTER FAILED TO SIGN 3
THE OATH ON THE BALL OT ENVELOPE OR BALLO T/RETURN ENVELOPE ; AND 4
2. CHOOSE AMONG MULTIPL E METHODS OF 5
COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE 6
OATH ON THE BALLOT E NVELOPE OR BALLOT/RETURN ENVELOPE , INCLUDING: 7
A. TEXT MESSAGE ; 8
B. E–MAIL; 9
B. C. B. AN ACCESSIBLE ONLINE PORTAL; 10
C. D. A MAILED FORM ; AND 11
D. E. C. AN IN–PERSON VISIT TO THE LOCAL BOARD 12
OFFICE; AND 13
D. BEGINNING JUNE 1, 2023, TEXT MESSAGE AND AN 14
ACCESSIBLE ONLINE PO RTAL. 15
[(4)] (5) If the local board receives more than one legally sufficient ballot, 16
in separate envelopes, from the same individual, the local board shall: 17
(i) count only the ballot with the [latest] FIRST properly signed 18
oath; and 19
(ii) reject any other ballot. 20
[(5)] (6) (5) If the intent of the voter is not clearly demonstrated, the local 21
board shall reject only the vote for that office or question. 22
[(6)] (7) (6) If an absentee voter casts a vote for an individual who has ceased 23
to be a candidate, the vote for that candidate may not be counted, but that vote does not 24
invalidate the remainder of the ballot. 25
(e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 26
of each day of canvassing, a local board shall prepare and release a report of the unofficial 27
results RETURNS of the absentee ballot vote tabulation. 28
11–303. 29
6 SENATE BILL 163
(d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 1
not reject a provisional ballot except by unanimous vote and in accordance with regulations 2
of the State Board. 3
(2) The local board shall reject a provisional ballot if: 4
(i) pursuant to paragraph (4) of this subsection, the local board 5
determines that the individual who cast the provisional ballot is not qualified to vote that 6
provisional ballot; 7
(ii) the individual failed to sign the oath on the provisional ballot 8
application; OR 9
(iii) the individual cast more than one ballot for the same election; or 10
(iv) the local board determines that a provisional ballot is 11
intentionally marked with an identifying mark that is clearly evident and placed on the 12
ballot for the purpose of identifying the ballot. 13
(3) If the intent of the voter with respect to a particular contest is not 14
clearly demonstrated, the local board shall reject only the vote for that contest. 15
(4) For the purposes of this section, an individual is qualified to vote the 16
provisional ballot cast if the local board determines that: 17
(i) the individual is registered in the State; 18
(ii) if the provisional ballot was cast because the voter failed to 19
provide required identification, the individual who cast the provisional ballot has met the 20
identification requirements established by the State Board; and 21
(iii) if the provisional ballot was cast during a period covered by a 22
court order or other order extending the time for closing the polls, the order has not been 23
invalidated by a subsequent court order. 24
11–303.2. 25
(A) A LOCAL BOARD SHALL CO UNT AN ABSENTEE BALL OT AND REJECT A 26
PROVISIONAL BALLOT C AST BY THE SAME INDI VIDUAL IF THE LOCAL BOARD: 27
(1) RECEIVED THE ABSENTE E BALLOT BEFORE THE COMMENCEMENT 28
OF THE CANVASS OF PR OVISIONAL BALLOTS ; AND 29
(2) (I) THE ABSENTEE BALLOT WAS LEGALLY SUFFICIE NT WHEN 30
RECEIVED; OR 31
SENATE BILL 163 7
(II) 1. THE ABSENTEE BALLOT WAS LEGALLY INSUFFIC IENT 1
DUE TO THE FAILURE O F THE VOTER TO SIGN THE OATH ON THE BALL OT ENVELOPE; 2
AND 3
2. THE VOTER CORRECTED THE OMISSION UNDER § 4
11–302 OF THIS SUBTITLE. 5
(B) A LOCAL BOARD SHALL CO UNT A PROVISIONAL BA LLOT AND REJECT AN 6
ABSENTEE BALLOT CAST BY THE SAME INDIVIDU AL IF: 7
(1) THE LOCAL BOARD RECE IVED THE ABSENTEE BA LLOT AFTER THE 8
COMMENCEMENT OF THE CANVASS OF PROVISION AL BALLOTS; AND 9
(2) THE PROVISIONAL BALLO T IS LEGALLY SUFFICI ENT. 10
IF A LOCAL BOARD RECE IVES MORE THAN ONE B ALLOT, IN SEPARATE 11
ENVELOPES, FROM THE SAME INDIVI DUAL, THE LOCAL BOARD SHAL L: 12
(1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT IS 13
DETERMINED TO BE LEG ALLY SUFFICIENT ; AND 14
(2) REJECT ANY OTHER BAL LOT. 15
11–402. 16
(a) Unless otherwise provided by the Maryland Constitution, and [except as 17
provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall 18
prepare a statement of election results by precinct for each candidate or question voted on 19
at the election and declare: 20
(1) who is elected or nominated for office: 21
(i) in county government; or 22
(ii) for any other office voted for only within that county, if the 23
certificate of candidacy for that office was issued by the local board; and 24
(2) whether or not a question is adopted or approved. 25
(b) The statement prepared by the board of canvassers under SUBSECTION (A) 26
OF this section [may not] SHALL report the EARLY, absentee, AND PROVISIONAL vote 27
separately by precinct. 28
8 SENATE BILL 163
(c) Each local board shall publish a sufficient number of copies of the complete 1
election results, tabulated by precinct, and shall make the copies available to the public at 2
cost. 3
(d) (C) (1) In addition to the statement of election results specified under 4
subsection (a) of this section, the State Board shall make available in an electronic format 5
a report of election results for each candidate or question voted on at the election: 6
(i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 7
PROVISIONAL VOTE ; 8
(ii) by State legislative district, including any subdistrict; 9
(iii) by county legislative district; and 10
(iv) for each county as a whole. 11
(2) The State Board may make the report specified under paragraph (1) of 12
this subsection available to the public at cost. 13
SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstand ing § 14
11–302(b)(3) of the Election Law Article, as enacted by Section 1 of this Act, only during the 15
2022 statewide primary election, a local board or an employee of a local board: 16
(1) may tabulate absentee ballot vote totals before the polls close on election 17
day; and 18
(2) may not release absentee ballot vote totals before the polls close on 19
election day. 20
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
measure, is necessary for the immediate preservation of the public health or safety, has 22
been passed by a yea and nay vote supported by three–fifths of all the members elected to 23
each of the two Houses of the General Assembly, and shall take effect from the date it is 24
enacted. 25