EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0035*
HOUSE BILL 35
G1 3lr0341
(PRE–FILED)
By: Delegate R. Long
Requested: August 21, 2022
Introduced and read first time: January 11, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Elections – In–Person Voting – Proof of Identity 2
FOR the purpose of requiring an election judge to establish a voter’s identity by requiring 3
the voter to present certain proof of identity; requiring a voter to vote a provisional 4
ballot if the voter is unable to provide certain proof of identity; prohibiting a person 5
from knowingly and willfully voting or attempting to vote under a false form of 6
identification; and generally relating to requiring voters to present proof of identity 7
at a polling place. 8
BY repealing and reenacting, with amendments, 9
Article – Election Law 10
Section 10–310 and 16–201 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2022 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Election Law 16
10–310. 17
(a) For each individual who seeks to vote, an election judge, in accordance with 18
instructions provided by the local board, shall: 19
(1) locate the individual’s name in the election register and locate the 20
preprinted voting authority card and then [authorize the individual to vote a regular ballot] 21
ESTABLISH THE VOTER ’S IDENTITY AS PROVID ED IN SUBSECTION (B) OF THIS 22
SECTION; AND 23 2 HOUSE BILL 35
(2) (i) if the individual’s name is not found on the election register, 1
search the inactive list and if the name is found, [authorize the individual to vote a regular 2
ballot] ESTABLISH THE VOTER ’S IDENTITY AS PROVID ED IN SUBSECTION (B) OF THIS 3
SECTION; or 4
(ii) if the individual’s name is not on the inactive list, refer the 5
individual for provisional ballot voting under § 9–404 of this article[;]. 6
[(3)] (B) THE ELECTION JUDGE SH ALL establish the VOTER’S identity 7
[of the voter] by: 8
(1) requesting the voter to state the month and day of the voter’s birth and 9
comparing the response to the information listed in the election register; 10
(2) REQUIRING THE VOTER TO PRESENT: 11
(I) A VALID GOVERNMENT –ISSUED PHOTO IDENTIF ICATION; OR 12
(II) 1. A VALID NONGOVERNMEN T–ISSUED PHOTO 13
IDENTIFICATION ; AND 14
2. A CURRENT UTILITY BI LL, BANK STATEMENT , 15
PAYCHECK, GOVERNMENT CHECK , OR OTHER GOVERNMENT DOC UMENT THAT 16
STATES THE VOTER ’S NAME AND ADDRESS ; 17
[(4)] (3) (i) except if a voter’s personal information has been deemed 18
confidential by the local board, verify the address of the voter’s residence; or 19
(ii) conduct an alternative verification as established by the State 20
Board, if the voter’s personal information has been deemed confidential by the local board; 21
[(5)] (4) if any changes to the voting authority card are indicated by a 22
voter, make the appropriate changes in information on the card or other appropriate form; 23
and 24
[(6)] (5) have the voter sign the voting authority card and either issue the 25
voter a ballot or send the voter to a machine to vote. 26
[(b)] (C) (1) [On] EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS 27
SECTION, ON the completion of the procedures set forth in [subsection (a)] SUBSECTIONS 28
(A) AND (B) of this section, [a] THE ELECTION JUDGE S HALL AUTHORIZE THE 29
INDIVIDUAL TO VOTE A REGULAR BALLOT . 30
HOUSE BILL 35 3
(2) A voter may vote A REGULAR BALLOT in accordance with the 1
procedures appropriate to the voting system used in the polling place. 2
(D) THE ELECTION JUDGE SH ALL REFER THE INDIVI DUAL FOR A 3
PROVISIONAL BALLOT U NDER § 9–404 OF THIS ARTICLE IF THE VOTER IS UNABLE TO 4
PROVIDE IDENTIFICATI ON AS RE QUIRED UNDER SUBSECT ION (B)(2) OF THIS 5
SECTION. 6
[(c)] (E) (1) Before a voter enters a voting booth, at the request of the voter, 7
an election judge shall: 8
(i) instruct the voter about the operation of the voting system; and 9
(ii) allow the voter an opportunity to operate a model voting device, 10
if appropriate to the voting system in use. 11
(2) (i) 1. After a voter enters the voting booth, at the request of the 12
voter, two election judges representing different political parties shall instruct the voter on 13
the operation of the voting device. 14
2. An election judge may not suggest in any way how the 15
voter should vote for a particular ticket, candidate, or position on a question. 16
3. After instructing the voter, the election judges shall exit 17
the voting booth and allow the voter to vote privately. 18
(ii) A voter may take into the polling place any written or printed 19
material to assist the voter in marking or preparing the ballot. 20
(3) (i) Except as provided in subparagraph (ii) of this paragraph, a voter 21
who requires assistance in marking or preparing the ballot because of a physical disability 22
or an inability to read the English language may choose any individual to assist the voter. 23
(ii) A voter may not choose the voter’s employer or agent of that 24
employer or an officer or agent of the voter’s union to assist the voter in marking the ballot. 25
(4) If the voter requires the assistance of another in voting but declines to 26
select an individual to assist, an election judge, in the presence of another election judge 27
that represents another political party, shall assist the voter in the manner prescribed by 28
the voter. 29
(5) An individual assisting a voter may not suggest in any way how the 30
voter should vote for a particular ticket, candidate, or position on a question. 31
(6) If a voter requires assistance under paragraph (4) or (5) of this 32
subsection, the election judge shall record, on a form prescribed by the State Board, the 33 4 HOUSE BILL 35
name of the voter who required assistance and the name of the individual providing 1
assistance to the voter. 2
(7) Except as provided in paragraph (3) or (4) of this subsection, an 3
individual over the age of 17 years may not accompany a voter into a voting booth. 4
16–201. 5
(a) A person may not willfully and knowingly: 6
(1) (i) impersonate another person in order to vote or attempt to vote; 7
[or] 8
(ii) vote or attempt to vote under a false name; OR 9
(III) VOTE OR ATTEMPT TO V OTE UNDER A FALSE FO RM OF 10
IDENTIFICATION ; 11
(2) vote more than once for a candidate for the same office or for the same 12
ballot question; 13
(3) vote or attempt to vote more than once in the same election, or vote in 14
more than one election district or precinct; 15
(4) vote in an election district or precinct without the legal authority to vote 16
in that election district or precinct; 17
(5) influence or attempt to influence a voter’s voting decision through the 18
use of force, threat, menace, intimidation, bribery, reward, or offer of reward; 19
(6) influence or attempt to influence a voter’s decision whether to go to the 20
polls to cast a vote through the use of force, fraud, threat, menace, intimidation, bribery, 21
reward, or offer of reward; or 22
(7) engage in conduct that results or has the intent to result in the denial 23
or abridgement of the right of any citizen of the United States to vote on account of race, 24
color, or disability. 25
(b) Except as provided in § 16–1002 of this title, a person who violates this section 26
is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 27
imprisonment for not more than 5 years or both. 28
(c) A person who violates this section is subject to § 5–106(b) of the Courts Article. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2023. 31