Maryland 2022 Regular Session

Maryland Senate Bill SB352 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0352
6	6
7	7	SENATE BILL 352
8	8	G1 EMERGENCY BILL 2lr1880
9	9	CF 2lr2198
10	10	By: Senator Lam
11	11	Introduced and read first time: January 21, 2022
12	12	Assigned to: Education, Health, and Environmental Affairs
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Election Law – Ballots – Processing and Reporting Procedures 2
19	19
20	20	FOR the purpose of altering the procedures for the canvassing of absentee and provisional 3
21	21	ballots; requiring the State Board of Elections to adopt regulations related to the 4
22	22	curing of problems on absentee ballot envelopes; and generally relating to absentee 5
23	23	and provisional ballots. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Election Law 8
27	27	Section 11–302 and 11–303(d) 9
28	28	Annotated Code of Maryland 10
29	29	(2017 Replacement Volume and 2021 Supplement) 11
30	30
31	31	BY adding to 12
32	32	Article – Election Law 13
33	33	Section 11–303.2 14
34	34	Annotated Code of Maryland 15
35	35	(2017 Replacement Volume and 2021 Supplement) 16
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 17
38	38	That the Laws of Maryland read as follows: 18
39	39
40	40	Article – Election Law 19
41	41
42	42	11–302. 20
43	43
44	44	(a) (1) [Following an election, each] EACH local board shall meet at its 21
45	45	designated counting center to canvass the absentee ballots cast in that election in 22
46	46	accordance with the regulations and guidelines established by the State Board. 23
47	47	2 SENATE BILL 352
48	48
49	49
50	50	(2) AFTER THE COMMENCEMEN T OF THE CANVASS OF ABSENTEE 1
51	51	BALLOTS IN ACCORDANC E WITH THIS SECTION , A LOCAL BOARD SHALL REVIEW THE 2
52	52	BALLOT ENVELOPE OR B ALLOT/RETURN ENVELOPE FOR ANY OMISSION BY THE 3
53	53	VOTER. 4
54	54
55	55	(b) (1) A local board may not [open] ACCEPT, REJECT, OPEN, OR PROCESS 5
56	56	any envelope of an absentee ballot [prior to] BEFORE 8 a.m. on the [Wednesday following 6
57	57	election day] DAY THAT IS 8 BUSINESS DAYS BEFORE THE FIRST DAY OF THE EARLY 7
58	58	VOTING PERIOD . 8
59	59
60	60	(2) A local board may not delay the commencement of the canvass to await 9
61	61	the receipt of late–arriving, timely absentee ballots. 10
62	62
63	63	(3) A LOCAL BOARD MAY NOT CANVASS ABSENTEE BAL LOTS DURING 11
64	64	THE EARLY VOTING PER IOD. 12
65	65
66	66	(c) (1) An absentee ballot shall be deemed timely received if it is received in 13
67	67	accordance with the regulations and guidelines established by the State Board. 14
68	68
69	69	(2) An absentee ballot that is received after the deadline specified by the 15
70	70	regulations and guidelines may not be counted. 16
71	71
72	72	(d) (1) The State Board shall adopt regulations that reflect the policy that the 17
73	73	clarity of the intent of the voter is the overriding consideration in determining the validity 18
74	74	of an absentee ballot or the vote cast in a particular contest. 19
75	75
76	76	(2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 20
77	77	not reject an absentee ballot except by unanimous vote and in accordance with regulations 21
78	78	of the State Board. 22
79	79
80	80	(3) The local board shall reject an absentee ballot if: 23
81	81
82	82	(i) the voter failed to sign the oath on the ballot envelope AND 24
83	83	FAILED TO CORRECT TH E OMISSION BEFORE 10 A.M. ON THE DAY THAT IS 10 DAYS 25
84	84	AFTER ELECTION DAY ; 26
85	85
86	86	(ii) the local board received more than one ballot from the same 27
87	87	individual for the same election in the same ballot envelope; or 28
88	88
89	89	(iii) the local board determines that an absentee ballot is 29
90	90	intentionally marked with an identifying mark that is clearly evident and placed on the 30
91	91	ballot for the purpose of identifying the ballot. 31
92	92
93	93	(4) (I) THE STATE BOARD S HALL ADOPT REGULATIO NS 32
94	94	REQUIRING A LOCAL BO ARD TO: 33
95	95	SENATE BILL 352 3
96	96
97	97
98	98	1. AS SOON AS PRACTICAB LE AFTER THE DATE ON 1
99	99	WHICH IT WAS DETERMI NED THAT THERE IS A PROBLEM ON THE BALLOT ENVELO PE, 2
100	100	NOTIFY THE VOTER OF THE PROBLEM; AND 3
101	101
102	102	2. PROVIDE THE VOTER AN OPPORTUNITY TO CO RRECT 4
103	103	THE PROBLEM AND HAVE THE BALLOT COUNTED. 5
104	104
105	105	(II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW 6
106	106	A VOTER TO: 7
107	107
108	108	1. SUPPLY A SIGNATURE T O THE LOCAL BOARD IF THE 8
109	109	VOTER FAILED TO SIGN THE OATH ON THE BALL OT ENVELOPE OR BALLO T/RETURN 9
110	110	ENVELOPE; AND 10
111	111
112	112	2. CHOOSE AMONG MULTIPL E METHODS OF 11
113	113	COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT A PROBLEM ON THE BALLOT 12
114	114	ENVELOPE, INCLUDING: 13
115	115
116	116	A. TEXT MESSAGE ; 14
117	117
118	118	B. E–MAIL; 15
119	119
120	120	C. AN ACCESSIBLE ONLINE PORTAL; 16
121	121
122	122	D. A MAILED FORM ; AND 17
123	123
124	124	E. AN IN–PERSON VISIT TO THE LOCAL BOAR D OFFICE. 18
125	125
126	126	[(4)] (5) If the local board receives more than one legally sufficient ballot, 19
127	127	in separate envelopes, from the same individual, the local board shall: 20
128	128
129	129	(i) count only the ballot with the [latest] FIRST properly signed 21
130	130	oath; and 22
131	131
132	132	(ii) reject any other ballot. 23
133	133
134	134	[(5)] (6) If the intent of the voter is not clearly demonstrated, the local 24
135	135	board shall reject only the vote for that office or question. 25
136	136
137	137	[(6)] (7) If an absentee voter casts a vote for an individual who has ceased 26
138	138	to be a candidate, the vote for that candidate may not be counted, but that vote does not 27
139	139	invalidate the remainder of the ballot. 28
140	140
141	141	(e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 29 4 SENATE BILL 352
142	142
143	143
144	144	of each day of canvassing, a local board shall prepare and release a report of the unofficial 1
145	145	results of the absentee ballot vote tabulation. 2
146	146
147	147	11–303. 3
148	148
149	149	(d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 4
150	150	not reject a provisional ballot except by unanimous vote and in accordance with regulations 5
151	151	of the State Board. 6
152	152
153	153	(2) The local board shall reject a provisional ballot if: 7
154	154
155	155	(i) pursuant to paragraph (4) of this subsection, the local board 8
156	156	determines that the individual who cast the provisional ballot is not qualified to vote that 9
157	157	provisional ballot; 10
158	158
159	159	(ii) the individual failed to sign the oath on the provisional ballot 11
160	160	application; 12
161	161
162	162	(iii) the individual cast more than one ballot for the same election; or 13
163	163
164	164	(iv) the local board determines that a provisional ballot is 14
165	165	intentionally marked with an identifying mark that is clearly evident and placed on the 15
166	166	ballot for the purpose of identifying the ballot. 16
167	167
168	168	(3) If the intent of the voter with respect to a particular contest is not 17
169	169	clearly demonstrated, the local board shall reject only the vote for that contest. 18
170	170
171	171	(4) For the purposes of this section, an individual is qualified to vote the 19
172	172	provisional ballot cast if the local board determines that: 20
173	173
174	174	(i) the individual is registered in the State; 21
175	175
176	176	(ii) if the provisional ballot was cast because the voter failed to 22
177	177	provide required identification, the individual who cast the provisional ballot has met the 23
178	178	identification requirements established by the State Board; and 24
179	179
180	180	(iii) if the provisional ballot was cast during a period covered by a 25
181	181	court order or other order extending the time for closing the polls, the order has not been 26
182	182	invalidated by a subsequent court order. 27
183	183
184	184	11–303.2. 28
185	185
186	186	(A) A LOCAL BOARD SHALL CO UNT AN ABSENTEE BALL OT AND REJECT A 29
187	187	PROVISIONAL BALLOT C AST BY THE SAME INDI VIDUAL IF THE LOCAL BOARD: 30
188	188
189	189	(1) RECEIVED THE ABSENTE E BALLOT BEFORE THE COMMENCEMENT 31 SENATE BILL 352 5
190	190
191	191
192	192	OF THE CANVASS OF PR OVISIONAL BALLOTS ; AND 1
193	193
194	194	(2) (I) THE ABSENTEE BALLOT WAS LEGALLY SUFFICIENT W HEN 2
195	195	RECEIVED; OR 3
196	196
197	197	(II) 1. THE ABSENTEE BALLOT WAS LEGALLY INSUFFIC IENT; 4
198	198	AND 5
199	199
200	200	2. THE VOTER CORRECTED THE PROBLEM UNDER § 6
201	201	11–302 OF THIS SUBTITLE . 7
202	202
203	203	(B) A LOCAL BOARD SHALL CO UNT A PROVISIONAL BA LLOT AND REJECT AN 8
204	204	ABSENTEE BALLOT CAST BY THE SAME INDIVIDU AL IF: 9
205	205
206	206	(1) THE LOCAL BOARD RECE IVED THE ABSENTEE BA LLOT AFTER THE 10
207	207	COMMENCEMENT OF THE CANVASS OF PROVISION AL BALLOTS; AND 11
208	208
209	209	(2) THE PROVISIONAL BALL OT IS LEGALLY SUFFIC IENT. 12
210	210
211	211	SECTION 2. AND BE IT FURTHER EN ACTED, That this Act is an emergency 13
212	212	measure, is necessary for the immediate preservation of the public health or safety, has 14
213	213	been passed by a yea and nay vote supported by three–fifths of all the members elected to 15
214	214	each of the two Houses of the General Assembly, and shall take effect from the date it is 16
215	215	enacted. 17
216	216