Maryland 2022 Regular Session

Maryland Senate Bill SB925 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0925*
96
107 SENATE BILL 925
118 G1 2lr3155
129
1310 By: Senator Patterson
1411 Introduced and read first time: February 11, 2022
1512 Assigned to: Rules
16-Re–referred to: Education, Health, and Environmental Affairs, February 25, 2022
17-Committee Report: Favorable
18-Senate action: Adopted
19-Read second time: March 8, 2022
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
2518 Prince George’s County – Special Elections Conducted by Mail – Voting Centers 2
2619
2720 FOR the purpose of altering requirements for voting centers used in a special election 3
2821 conducted by mail in Prince George’s County; and generally relating to special 4
2922 elections in Prince George’s County. 5
3023
3124 BY repealing and reenacting, without amendments, 6
3225 Article – Election Law 7
3326 Section 9–501 8
3427 Annotated Code of Maryland 9
3528 (2017 Replacement Volume and 2021 Supplement) 10
3629
3730 BY repealing and reenacting, with amendments, 11
3831 Article – Election Law 12
3932 Section 9–503 13
4033 Annotated Code of Maryland 14
4134 (2017 Replacement Volume and 2021 Supplement) 15
4235
4336 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
4437 That the Laws of Maryland read as follows: 17
4538
4639 Article – Election Law 18
4740
48-9–501. 19 2 SENATE BILL 925
41+9–501. 19
42+
43+ (a) This subtitle applies only to a special election that is not held concurrently 20
44+with a regularly scheduled primary or general election. 21
45+
46+ (b) Voting by mail may be utilized in a special election in accordance with this 22
47+subtitle. 23
48+ 2 SENATE BILL 925
49+
50+
51+ (c) A special election to fill a vacancy in the Office of Representative in Congress 1
52+shall be conducted by mail if the Governor’s proclamation issued under § 8–710 of this 2
53+article directs that the election be conducted by mail. 3
54+
55+ (d) (1) In this subsection, “local special election” means a special election to: 4
56+
57+ (i) fill a vacancy in the offices of county council member, chief 5
58+executive officer, or county executive of a charter county if the charter of that county 6
59+provides for special elections; 7
60+
61+ (ii) fill a vacancy in the board of county commissioners of a code 8
62+home rule county if a local law enacted by that county provides for special elections; 9
63+
64+ (iii) fill a vacancy in the board of county commissioners of a 10
65+commission county if a law provides for special elections; 11
66+
67+ (iv) fill a vacancy in a local board of education if State law provides 12
68+for special elections; 13
69+
70+ (v) elect members of a charter board or submit a proposed charter to 14
71+the voters for adoption or rejection in accordance with Article XI–A, § 1A of the Maryland 15
72+Constitution; or 16
73+
74+ (vi) submit a local law enacted by a code home rule county to the 17
75+voters for adoption or rejection in accordance with § 9–313 of the Local Government Article. 18
76+
77+ (2) A local special election shall be conducted by mail if the resolution of 19
78+the county council or board of county commissioners establishing the date of the special 20
79+election directs that the election be conducted by mail. 21
80+
81+ (e) Except as otherwise provided in this subtitle: 22
82+
83+ (1) provisions of this article relating to absentee voting apply to voting by 23
84+mail; and 24
85+
86+ (2) all pertinent State or local laws relating to the conduct of a special 25
87+election apply to a special election conducted under this subtitle. 26
88+
89+ (f) Provisions of this article relating to the conduct of elections apply to a special 27
90+election conducted under this subtitle, unless a law specifically relevant to a special election 28
91+applies. 29
92+
93+9–503. 30
94+
95+ (a) Each local board shall establish at least one voting center for the use of any 31
96+eligible voter who chooses to cast a ballot in person in a special election in accordance with 32
97+this section. 33 SENATE BILL 925 3
4998
5099
51100
52- (a) This subtitle applies only to a special election that is not held concurrently 1
53-with a regularly scheduled primary or general election. 2
101+ (b) (1) A voting center shall be located at a local board office or another location 1
102+within the constituency where the special election is being held. 2
54103
55- (b) Voting by mail may be utilized in a special election in accordance with this 3
56-subtitle. 4
104+ (2) In Montgomery County AND PRINCE GEORGE’S COUNTY: 3
57105
58- (c) A special election to fill a vacancy in the Office of Representative in Congress 5
59-shall be conducted by mail if the Governor’s proclamation issued under § 8–710 of this 6
60-article directs that the election be conducted by mail. 7
106+ (i) in a special election held in a single county council district, at 4
107+least one voting center shall be established in the county council district where the special 5
108+election is being held; and 6
61109
62- (d) (1) In this subsection, “local special election” means a special election to: 8
110+ (ii) in a countywide special election, at least one voting center shall 7
111+be established in each county council district. 8
63112
64- (i) fill a vacancy in the offices of county council member, chief 9
65-executive officer, or county executive of a charter county if the charter of that county 10
66-provides for special elections; 11
113+ (c) A voting center established under this section shall: 9
67114
68- (ii) fill a vacancy in the board of county commissioners of a code 12
69-home rule county if a local law enacted by that county provides for special elections; 13
115+ (1) provide access to a voting system that is accessible to voters with 10
116+disabilities in accordance with the federal Americans with Disabilities Act and the federal 11
117+Help America Vote Act; 12
70118
71- (iii) fill a vacancy in the board of county commissioners of a 14
72-commission county if a law provides for special elections; 15
119+ (2) provide for provisional voting in accordance with Subtitle 4 of this title; 13
73120
74- (iv) fill a vacancy in a local board of education if State law provides 16
75-for special elections; 17
121+ (3) satisfy the requirements of § 10–101 of this article; and 14
76122
77- (v) elect members of a charter board or submit a proposed charter to 18
78-the voters for adoption or rejection in accordance with Article XI–A, § 1A of the Maryland 19
79-Constitution; or 20
123+ (4) (i) unless otherwise specified in the proclamation issued by the 15
124+Governor that directs that the special election be conducted by mail, and except as provided 16
125+in item (ii) of this item, be open for voting each day beginning 6 days before the day of a 17
126+special election through the day of a special election during the hours between: 18
80127
81- (vi) submit a local law enacted by a code home rule county to the 21
82-voters for adoption or rejection in accordance with § 9–313 of the Local Government Article. 22
128+ 1. 10 a.m. and 8 p.m. Monday through Saturday; and 19
83129
84- (2) A local special election shall be conducted by mail if the resolution of 23
85-the county council or board of county commissioners establishing the date of the special 24
86-election directs that the election be conducted by mail. 25
130+ 2. 12 noon to 6 p.m. on Sunday; and 20
87131
88- (e) Except as otherwise provided in this subtitle: 26
132+ (ii) in Montgomery County AND PRINCE GEORGE’S COUNTY, be 21
133+open for voting during the days and for the hours that the county council directs in the 22
134+resolution under § 9–501(d)(2) of this subtitle. 23
89135
90- (1) provisions of this article relating to absentee voting apply to voting by 27
91-mail; and 28
136+ (d) If necessary to expedite the conduct of a special election and subject to the 24
137+approval of the State Board, a local board may establish a voting center under this section 25
138+during a period when a change in polling places is prohibited under § 2–303 of this article. 26
92139
93- (2) all pertinent State or local laws relating to the conduct of a special 29
94-election apply to a special election conducted under this subtitle. 30
95- SENATE BILL 925 3
140+ (e) The process for applying in person for an absentee ballot at the office of a local 27
141+board under § 9–305 of this title does not apply to a special election conducted by mail. 28
96142
97-
98- (f) Provisions of this article relating to the conduct of elections apply to a special 1
99-election conducted under this subtitle, unless a law specifically relevant to a special election 2
100-applies. 3
101-
102-9–503. 4
103-
104- (a) Each local board shall establish at least one voting center for the use of any 5
105-eligible voter who chooses to cast a ballot in person in a special election in accordance with 6
106-this section. 7
107-
108- (b) (1) A voting center shall be located at a local board office or another location 8
109-within the constituency where the special election is being held. 9
110-
111- (2) In Montgomery County AND PRINCE GEORGE’S COUNTY: 10
112-
113- (i) in a special election held in a single county council district, at 11
114-least one voting center shall be established in the county council district where the special 12
115-election is being held; and 13
116-
117- (ii) in a countywide special election, at least one voting center shall 14
118-be established in each county council district. 15
119-
120- (c) A voting center established under this section shall: 16
121-
122- (1) provide access to a voting system that is accessible to voters with 17
123-disabilities in accordance with the federal Americans with Disabilities Act and the federal 18
124-Help America Vote Act; 19
125-
126- (2) provide for provisional voting in accordance with Subtitle 4 of this title; 20
127-
128- (3) satisfy the requirements of § 10–101 of this article; and 21
129-
130- (4) (i) unless otherwise specified in the proclamation issued by the 22
131-Governor that directs that the special election be conducted by mail, and except as provided 23
132-in item (ii) of this item, be open for voting each day beginning 6 days before the day of a 24
133-special election through the day of a special election during the hours between: 25
134-
135- 1. 10 a.m. and 8 p.m. Monday through Saturday; and 26
136-
137- 2. 12 noon to 6 p.m. on Sunday; and 27
138-
139- (ii) in Montgomery County AND PRINCE GEORGE’S COUNTY, be 28
140-open for voting during the days and for the hours that the county council directs in the 29
141-resolution under § 9–501(d)(2) of this subtitle. 30
143+ (f) Except as otherwise provided in this section, any provision of this article that 29
144+applies to voting at a polling place on election day also applies to voting at a voting center 30
145+established under this section. 31
142146 4 SENATE BILL 925
143147
144148
145- (d) If necessary to expedite the conduct of a special election and subject to the 1
146-approval of the State Board, a local board may establish a voting center under this section 2
147-during a period when a change in polling places is prohibited under § 2–303 of this article. 3
148-
149- (e) The process for applying in person for an absentee ballot at the office of a local 4
150-board under § 9–305 of this title does not apply to a special election conducted by mail. 5
151-
152- (f) Except as otherwise provided in this section, any provision of this article that 6
153-applies to voting at a polling place on election day also applies to voting at a voting center 7
154-established under this section. 8
155-
156- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 9
157-1, 2022. 10
158-
159-
160-
161-Approved:
162-________________________________________________________________________________
163- Governor.
164-________________________________________________________________________________
165- President of the Senate.
166-________________________________________________________________________________
167- Speaker of the House of Delegates.
149+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
150+1, 2022. 2