EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0352*
SENATE BILL 352
G1 EMERGENCY BILL 2lr1880
CF 2lr2198
By: Senator Lam
Introduced and read first time: January 21, 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 absentee and provisional 3
ballots; requiring the State Board of Elections to adopt regulations related to the 4
curing of problems on absentee ballot envelopes; and generally relating to absentee 5
and provisional ballots. 6
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 11–302 and 11–303(d) 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 O F 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 352
(2) AFTER THE COMMENCEMEN T OF THE CANVASS OF ABSENTEE 1
BALLOTS IN ACCORDANC E WITH THIS SECTION , A LOCAL BOARD SHALL REVIEW THE 2
BALLOT ENVELOPE OR B ALLOT/RETURN ENVELOPE FOR ANY OMISSION BY THE 3
VOTER. 4
(b) (1) A local board may not [open] ACCEPT, REJECT, OPEN, OR PROCESS 5
any envelope of an absentee ballot [prior to] BEFORE 8 a.m. on the [Wednesday following 6
election day] DAY THAT IS 8 BUSINESS DAYS BEFORE THE FIRST DAY OF THE EARLY 7
VOTING PERIOD . 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 CANVASS ABSENTEE BAL LOTS DURING 11
THE EARLY VOTING PER IOD. 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 BEFORE 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 S HALL ADOPT REGULATIO NS 32
REQUIRING A LOCAL BO ARD TO: 33
SENATE BILL 352 3
1. AS SOON AS PRACTICAB LE AFTER THE DATE ON 1
WHICH IT WAS DETERMI NED THAT THERE IS A PROBLEM ON THE BALLOT ENVELO PE, 2
NOTIFY THE VOTER OF THE PROBLEM; AND 3
2. PROVIDE THE VOTER AN OPPORTUNITY TO CO RRECT 4
THE PROBLEM AND HAVE 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 IF THE 8
VOTER FAILED TO SIGN THE OATH ON THE BALL OT ENVELOPE OR BALLO T/RETURN 9
ENVELOPE; AND 10
2. CHOOSE AMONG MULTIPL E METHODS OF 11
COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT A PROBLEM ON THE BALLOT 12
ENVELOPE, INCLUDING: 13
A. TEXT MESSAGE ; 14
B. E–MAIL; 15
C. AN ACCESSIBLE ONLINE PORTAL; 16
D. A MAILED FORM ; AND 17
E. AN IN–PERSON VISIT TO THE LOCAL BOAR D 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
(e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 29 4 SENATE BILL 352
of each day of canvassing, a local board shall prepare and release a report of the unofficial 1
results of the absentee ballot vote tabulation. 2
11–303. 3
(d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 4
not reject a provisional ballot except by unanimous vote and in accordance with regulations 5
of the State Board. 6
(2) The local board shall reject a provisional ballot if: 7
(i) pursuant to paragraph (4) of this subsection, the local board 8
determines that the individual who cast the provisional ballot is not qualified to vote that 9
provisional ballot; 10
(ii) the individual failed to sign the oath on the provisional ballot 11
application; 12
(iii) the individual cast more than one ballot for the same election; or 13
(iv) the local board determines that a provisional ballot is 14
intentionally marked with an identifying mark that is clearly evident and placed on the 15
ballot for the purpose of identifying the ballot. 16
(3) If the intent of the voter with respect to a particular contest is not 17
clearly demonstrated, the local board shall reject only the vote for that contest. 18
(4) For the purposes of this section, an individual is qualified to vote the 19
provisional ballot cast if the local board determines that: 20
(i) the individual is registered in the State; 21
(ii) if the provisional ballot was cast because the voter failed to 22
provide required identification, the individual who cast the provisional ballot has met the 23
identification requirements established by the State Board; and 24
(iii) if the provisional ballot was cast during a period covered by a 25
court order or other order extending the time for closing the polls, the order has not been 26
invalidated by a subsequent court order. 27
11–303.2. 28
(A) A LOCAL BOARD SHALL CO UNT AN ABSENTEE BALL OT AND REJECT A 29
PROVISIONAL BALLOT C AST BY THE SAME INDI VIDUAL IF THE LOCAL BOARD: 30
(1) RECEIVED THE ABSENTE E BALLOT BEFORE THE COMMENCEMENT 31 SENATE BILL 352 5
OF THE CANVASS OF PR OVISIONAL BALLOTS ; AND 1
(2) (I) THE ABSENTEE BALLOT WAS LEGALLY SUFFICIENT W HEN 2
RECEIVED; OR 3
(II) 1. THE ABSENTEE BALLOT WAS LEGALLY INSUFFIC IENT; 4
AND 5
2. THE VOTER CORRECTED THE PROBLEM UNDER § 6
11–302 OF THIS SUBTITLE . 7
(B) A LOCAL BOARD SHALL CO UNT A PROVISIONAL BA LLOT AND REJECT AN 8
ABSENTEE BALLOT CAST BY THE SAME INDIVIDU AL IF: 9
(1) THE LOCAL BOARD RECE IVED THE ABSENTEE BA LLOT AFTER THE 10
COMMENCEMENT OF THE CANVASS OF PROVISION AL BALLOTS; AND 11
(2) THE PROVISIONAL BALL OT IS LEGALLY SUFFIC IENT. 12
SECTION 2. AND BE IT FURTHER EN ACTED, That this Act is an emergency 13
measure, is necessary for the immediate preservation of the public health or safety, has 14
been passed by a yea and nay vote supported by three–fifths of all the members elected to 15
each of the two Houses of the General Assembly, and shall take effect from the date it is 16
enacted. 17