MD
Maryland House Bill HB535

Maryland 2023 Regular Session

Maryland House Bill HB535 Compare Versions

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1- WES MOORE, Governor Ch. 151
21
3-– 1 –
4-Chapter 151
5-(House Bill 535)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [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.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0535*
810
9-Election Law – Ballots – Ballot Issuance, Processing, and Reporting Procedures
10-and 2024 Primary Date
11+HOUSE BILL 535
12+G1 (3lr0387)
13+ENROLLED BILL
14+— Ways and Means/Education, Energy, and the Environment —
15+Introduced by Delegates Feldmark, Allen, Amprey, Attar, Atterbeary, Bagnall,
16+D. Barnes, Bartlett, Barve, Bhandari, Boyce, Bridges, Chang, Charles,
17+Crosby, Crutchfield, Ebersole, Fennell, Foley, Forbes, Grossman, Guzzone,
18+Healey, Henson, Jackson, A. Johnson, S. Johnson, D. Jones, Kaiser,
19+Kaufman, Kelly, Kerr, Le hman, Love, Mireku –North, Moon, Pasteur,
20+Patterson, Pena–Melnyk, Pruski, Rogers, Ruth, Shetty, Simmons, Simpson,
21+Smith, Stewart, Taveras, Terrasa, Toles, Valderrama, Vogel, Watson, Wells,
22+White, Williams, and Wu
1123
12-FOR the purpose of requiring that a local board of elections send a ballot to certain voters
13-who have made a request and qualify to vote by absentee ballot not later than a
14-certain number of days before an election; altering the procedures for the canvassing
15-of and curing of errors on absentee and provisional ballots; repealing the
16-requirements that a certain statement of election results be by precinct and that the
17-local boards of elections publish copies of the complete election results in a certain
18-manner; requiring that a certain report of election results by the State Board of
19-Elections be reported by precinct, including reports of the early, absentee, and
20-provisional vote; altering, in a certain year, the date of the statewide primary election
21-and the primary election for municipal offices in Baltimore City; and generally
22-relating to ballot issuance, processing, and reporting procedures and primary
23-election dates.
24+Read and Examined by Proofreaders:
2425
25-BY repealing and reenacting, without amendments,
26- Article – Election Law
27- Section 9–306(b)
28- Annotated Code of Maryland
29- (2022 Replacement Volume and 2022 Supplement)
26+_______________________________________________
27+Proofreader.
28+_______________________________________________
29+Proofreader.
3030
31-BY repealing and reenacting, with amendments,
32- Article – Election Law
33-Section 9–306(c), 11–101, 11–302, 11–303(d), and 11–402
34- Annotated Code of Maryland
35- (2022 Replacement Volume and 2022 Supplement)
31+Sealed with the Great Seal and presented to the Governor, for his approval this
3632
37-BY adding to
38- Article – Election Law
39-Section 11–303.2
40- Annotated Code of Maryland
41- (2022 Replacement Volume and 2022 Supplement)
33+_______ day of _______________ at ______________________ __ o’clock, ________M.
4234
43- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
44-That the Laws of Maryland read as follows:
35+______________________________________________
36+Speaker.
4537
46-Article – Election Law
38+CHAPTER ______
4739
48-9–306.
49- Ch. 151 2023 LAWS OF MARYLAND
40+AN ACT concerning 1
5041
51-– 2 –
52- (b) If the applicant qualifies to vote by absentee ballot, the local board shall
53-provide the ballot by one of the following methods requested by the voter:
42+Election Law – Ballots – Ballot Issuance, Processing, and Reporting Procedures 2
43+and 2024 Primary Date 3
5444
55- (1) mail;
45+FOR the purpose of requiring that a local board of elections send a ballot to certain voters 4
46+who have made a request and qualify to vote by absentee ballot not later than a 5
47+certain number of days before an election; altering the procedures for the canvassing 6
48+of and curing of errors on absentee and provisional ballots; repealing the 7
49+requirements that a certain statement of election results be by precinct and that the 8 2 HOUSE BILL 535
5650
57- (2) facsimile transmission;
5851
59- (3) the Internet; or
52+local boards of elections publish copies of the complete election results in a certain 1
53+manner; requiring that a certain report of election results by the State Board of 2
54+Elections be reported by precinct, including reports of the early, absentee, and 3
55+provisional vote; altering, in a certain year, the date of the statewide primary election 4
56+and the primary election for municipal offices in Baltimore City; and generally 5
57+relating to ballot issuance, processing, and reporting procedures and primary 6
58+election dates. 7
6059
61- (4) by hand during an in–person transaction.
60+BY repealing and reenacting, without amendments, 8
61+ Article – Election Law 9
62+ Section 9–306(b) 10
63+ Annotated Code of Maryland 11
64+ (2022 Replacement Volume and 2022 Supplement) 12
6265
63- (c) (1) [Once ballots are available, the] NOT LATER THAN 43 DAYS BEFORE
64-AN ELECTION, THE LOCAL BOARD SHAL L SEND A BALLOT TO E ACH VOTER WHO
65-QUALIFIES TO VOTE BY ABSENTEE BALLOT AND HAS MADE A REQUEST A T LEAST 60
66-DAYS BEFORE THE ELEC TION TO RECEIVE THE BALLOT BY MAIL , FACSIMILE
67-TRANSMISSION , OR THE INTERNET.
66+BY repealing and reenacting, with amendments, 13
67+ Article – Election Law 14
68+Section 9–306(c), 11–101, 11–302, 11–303(d), and 11–402 15
69+ Annotated Code of Maryland 16
70+ (2022 Replacement Volume and 2022 Supplement) 17
6871
69- (2) A local board shall provide [the] A ballot to a [qualified applicant]
70-VOTER WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT AND MAKES A R EQUEST LESS
71-THAN 60 DAYS BEFORE AN ELECT ION:
72+BY adding to 18
73+ Article – Election Law 19
74+Section 11–303.2 20
75+ Annotated Code of Maryland 21
76+ (2022 Replacement Volume and 2022 Supplement) 22
7277
73- [(1)] (I) as soon as practicable after receipt of the request; or
78+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
79+That the Laws of Maryland read as follows: 24
7480
75- [(2)] (II) immediately for an in–person transaction with a voter or the
76-voter’s duly authorized agent.
81+Article – Election Law 25
7782
78-11–101.
83+9–306. 26
7984
80- (a) In this title the following words have the meanings indicated.
85+ (b) If the applicant qualifies to vote by absentee ballot, the local board shall 27
86+provide the ballot by one of the following methods requested by the voter: 28
8187
82- (b) “Board of canvassers” means the local board of elections in a county after the
83-local board organizes itself for the purpose of canvassing the vote [after] FOR an election
84-in that county.
88+ (1) mail; 29
8589
86- (c) (1) “Canvass” means the entire process of vote tallying, vote tabulation,
87-and vote verification [or audit], culminating in the production and certification of the
88-official election results.
90+ (2) facsimile transmission; 30
8991
90- (2) For absentee ballots, the “canvass” includes the opening of any envelope
91-accompanying an absentee ballot and the assembly and review of absentee ballots in
92-preparation for vote tallying.
92+ (3) the Internet; or 31
9393
94- (3) For provisional ballots, the “canvass” includes the review of the
95-provisional ballot applications described in § 11–303 of this title and the assembly and
96-review of provisional ballots in preparation for vote tallying. WES MOORE, Governor Ch. 151
94+ (4) by hand during an in–person transaction. 32
9795
98-– 3 –
96+ (c) (1) [Once ballots are available, the] NOT LATER THAN 43 DAYS BEFORE 33
97+AN ELECTION, THE LOCAL BOARD SHAL L SEND A BALLOT TO E ACH VOTER WHO 34 HOUSE BILL 535 3
9998
100- (4) For votes cast during early voting, the “canvass” includes the VOTE
101-tabulation of votes cast during early voting.
10299
103- (5) For votes cast in a special election conducted by mail under Title 9,
104-Subtitle 5 of this article, the “canvass” includes:
100+QUALIFIES TO VOTE BY ABSENTEE BALLOT AND HAS MADE A REQUEST A T LEAST 60 1
101+DAYS BEFORE THE ELEC TION TO RECEIVE THE BALLOT BY MAIL , FACSIMILE 2
102+TRANSMISSION , OR THE INTERNET. 3
105103
106- (i) the opening of any envelope accompanying a vote–by–mail ballot
107-and the assembly and review of vote–by–mail ballots in preparation for vote tabulation;
108-and
104+ (2) A local board shall provide [the] A ballot to a [qualified applicant] 4
105+VOTER WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT AND MAKES A R EQUEST LESS 5
106+THAN 60 DAYS BEFORE AN ELECT ION: 6
109107
110- (ii) the tabulation of vote–by–mail ballots.
108+ [(1)] (I) as soon as practicable after receipt of the request; or 7
111109
112- (d) “Counting center” means one or more central locations designated by a local
113-board to conduct the canvass.
110+ [(2)] (II) immediately for an in–person transaction with a voter or the 8
111+voter’s duly authorized agent. 9
114112
115- (e) “Removable data storage device” means a read–only memory device that is
116-programmed to record votes as they are cast on an electronic voting system.
113+11–101. 10
117114
118- (f) (1) “Unofficial returns” means [a] vote [tabulation] TOTALS reported on
119-election night after the polls close.
115+ (a) In this title the following words have the meanings indicated. 11
120116
121- (2) “Unofficial returns” does not include [the absentee ballot count or] the
122-provisional ballot count.
117+ (b) “Board of canvassers” means the local board of elections in a county after the 12
118+local board organizes itself for the purpose of canvassing the vote [after] FOR an election 13
119+in that county. 14
123120
124- (g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast
125-by individual voters to produce vote totals at any level.
121+ (c) (1) “Canvass” means the entire process of vote tallying, vote tabulation, 15
122+and vote verification [or audit], culminating in the production and certification of the 16
123+official election results. 17
126124
127- (h) “Vote tallying” means the recording of votes cast by individual voters on a
128-certified voting system [whether done by:
125+ (2) For absentee ballots, the “canvass” includes the opening of any envelope 18
126+accompanying an absentee ballot and the assembly and review of absentee ballots in 19
127+preparation for vote tallying. 20
129128
130- (1) a mechanical lever voting machine;
129+ (3) For provisional ballots, the “canvass” includes the review of the 21
130+provisional ballot applications described in § 11–303 of this title and the assembly and 22
131+review of provisional ballots in preparation for vote tallying. 23
131132
132- (2) an electronic voting device; or
133+ (4) For votes cast during early voting, the “canvass” includes the VOTE 24
134+tabulation of votes cast during early voting. 25
133135
134- (3) making marks manually on a tally sheet].
136+ (5) For votes cast in a special election conducted by mail under Title 9, 26
137+Subtitle 5 of this article, the “canvass” includes: 27
135138
136-11–302.
139+ (i) the opening of any envelope accompanying a vote–by–mail ballot 28
140+and the assembly and review of vote–by–mail ballots in preparation for vote tabulation; 29
141+and 30
137142
138- (a) (1) [Following an election, each] EACH local board shall meet at its
139-designated counting center to canvass the absentee ballots cast in that election in
140-accordance with the regulations and guidelines established by the State Board.
143+ (ii) the tabulation of vote–by–mail ballots. 31
144+ 4 HOUSE BILL 535
141145
142- (2) PROMPTLY AFTER RECEIP T OF AN ABSENTEE BAL LOT, A LOCAL
143-BOARD SHALL REVIEW TH E BALLOT ENVELOPE OR BALLOT/RETURN ENVELOPE FOR
144-THE OMISSION OF THE VOTER’S SIGNATURE ON THE O ATH. Ch. 151 2023 LAWS OF MARYLAND
145146
146-– 4 –
147+ (d) “Counting center” means one or more central locations designated by a local 1
148+board to conduct the canvass. 2
147149
148- (3) A LOCAL BOARD SHALL RE CORD THE RECEIPT OF AN ABSENTEE
149-BALLOT IN THE STATEW IDE VOTER REGISTRATI ON SYSTEM AND MAKE T HE
150-INFORMATION AVAILABLE THROUGH TH E FREE ACCESS SYSTEM ESTABLISHED
151-UNDER COMAR 33.11.06.03 AS SOON AS PRACTICAB LE, BUT NOT LATER THAN :
150+ (e) “Removable data storage device” means a read–only memory device that is 3
151+programmed to record votes as they are cast on an electronic voting system. 4
152152
153- (I) 2 BUSINESS DAYS AFTER RECEIPT OF THE AN ABSENTEE
154-BALLOT PROVIDED BY MAIL ; OR
153+ (f) (1) “Unofficial returns” means [a] vote [tabulation] TOTALS reported on 5
154+election night after the polls close. 6
155155
156- (II) 4 BUSINESS DAYS AFTER RECEIPT OF AN ABSENTEE BALLOT
157-PROVIDED THROUGH THE INTERNET OR BY FACSIM ILE TRANSMISSION .
156+ (2) “Unofficial returns” does not include [the absentee ballot count or] the 7
157+provisional ballot count. 8
158158
159- (b) (1) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
160-PARAGRAPH AND SUBJEC T TO PARAGRAPH (3) OF THIS SUBSECTION , A local board
161-[may not open any envelope of an] SHALL BEGIN PROCESSI NG absentee [ballot prior to 8
162-a.m.] BALLOTS on the [Wednesday following election day] DAY THAT IS 8 BUSINESS DAYS
163-BEFORE THE FIRST DAY OF EARLY VOTING .
159+ (g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast 9
160+by individual voters to produce vote totals at any level. 10
164161
165- (II) THE ADMINISTRATOR STATE ADMINISTRATOR MAY GRANT
166-A WAIVER TO A LOCAL BOARD FROM THE REQUIREMENT UNDER SUBPARAGRAPH (I)
167-OF THIS PARAGRAPH IF THE LOCAL BOARD DETERMINES SEEKS A DETERMINATIO N
168-BY THE STATE ADMINISTRATOR THAT EARLY CANVASSIN G IS NOT:
162+ (h) “Vote tallying” means the recording of votes cast by individual voters on a 11
163+certified voting system [whether done by: 12
169164
170- 1. NECESSARY BASED ON DUE TO THE LOW NUMBER OF
171-ABSENTEE BALLOTS REC EIVED BY THE LOCAL BOARD ; OR
165+ (1) a mechanical lever voting machine; 13
172166
173- 2. PRACTICABLE DUE TO L IMITED RESOURCES OR
174-OTHER CONSTRAINTS ON THE LOCAL BOARD .
167+ (2) an electronic voting device; or 14
175168
176- (2) A local board may not delay the commencement of the canvass to await
177-the receipt of late–arriving, timely absentee ballots.
169+ (3) making marks manually on a tally sheet]. 15
178170
179- (3) A LOCAL BOARD MAY CONDUCT VOTE TAL LYING WHEN ABSENTEE
180-BALLOTS ARE PROCESSE D UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION .
171+11–302. 16
181172
182- (3) (4) (I) A LOCAL BOARD OR AN EM PLOYEE OF A LOCAL BO ARD
183-MAY NOT TABULATE CONDUCT ABSENTEE BALLOT VOTE TOTALS TABULATION
184-BEFORE THE POLLS CLOSE OPEN ON ELECTION DAY .
173+ (a) (1) [Following an election, each] EACH local board shall meet at its 17
174+designated counting center to canvass the absentee ballots cast in that election in 18
175+accordance with the regulations and guidelines established by the State Board. 19
185176
186- (II) A LOCAL BOARD MAY NOT RELEASE ABSENTEE BAL LOT VOTE
187-TOTALS BEFORE THE PO LLS CLOSE ON ELECTIO N DAY.
177+ (2) PROMPTLY AFTER RECEIP T OF AN ABSENTEE BAL LOT, A LOCAL 20
178+BOARD SHALL REVIEW T HE BALLOT ENVELOPE O R BALLOT/RETURN ENVELOPE FOR 21
179+THE OMISSION OF THE VOTER’S SIGNATURE ON THE OATH . 22
188180
189- (c) (1) An absentee ballot shall be deemed timely received if it is received in
190-accordance with the regulations and guidelines established by the State Board. WES MOORE, Governor Ch. 151
181+ (3) A LOCAL BOARD SHALL RE CORD THE RECEIPT OF AN ABSENTEE 23
182+BALLOT IN THE STATEW IDE VOTER REGISTRATI ON SYSTEM AND MAKE T HE 24
183+INFORMATION AVAILABL E THROUGH THE FREE A CCESS SYSTEM ESTABLI SHED 25
184+UNDER COMAR 33.11.06.03 AS SOON AS PRACTICAB LE, BUT NOT LATER THAN : 26
191185
192-– 5 –
186+ (I) 2 BUSINESS DAYS AFTER RECEIPT OF THE AN ABSENTEE 27
187+BALLOT PROVIDED BY MAIL ; OR 28
193188
194- (2) An absentee ballot that is received after the deadline specified by the
195-regulations and guidelines may not be counted.
189+ (II) 4 BUSINESS DAYS AFTER RECEIPT OF AN ABSENT EE BALLOT 29
190+PROVIDED THROUGH THE INTERNET OR BY FACSIM ILE TRANSMISSION . 30
191+ HOUSE BILL 535 5
196192
197- (d) (1) The State Board shall adopt regulations that reflect the policy that the
198-clarity of the intent of the voter is the overriding consideration in determining the validity
199-of an absentee ballot or the vote cast in a particular contest.
200193
201- (2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may
202-not reject an absentee ballot except by unanimous vote and in accordance with regulations
203-of the State Board.
194+ (b) (1) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 1
195+PARAGRAPH AND SUBJEC T TO PARAGRAPH (3) OF THIS SUBSECTION , A local board 2
196+[may not open any envelope of an] SHALL BEGIN PROCESSI NG absentee [ballot prior to 8 3
197+a.m.] BALLOTS on the [Wednesday following election day] DAY THAT IS 8 BUSINESS DAYS 4
198+BEFORE THE FIRST DAY OF EARLY VOTING . 5
204199
205- (3) The local board shall reject an absentee ballot if:
200+ (II) THE ADMINISTRATOR STATE ADMINISTRATOR MAY GRANT 6
201+A WAIVER TO A LOCAL BOARD FROM THE REQUI REMENT UNDER SUBPARA GRAPH (I) 7
202+OF THIS PARAGRAPH IF THE LOCAL BOARD DETERMINES SEEKS A DETERMINATION 8
203+BY THE STATE ADMINISTRATOR THAT EARLY CANVASSIN G IS NOT: 9
206204
207- (i) the voter failed to sign the oath on the ballot envelope OR
208-BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFORE 10
209-A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY;
205+ 1. NECESSARY BASED ON DUE TO THE LOW NUMBER OF 10
206+ABSENTEE BALLOTS REC EIVED BY THE LOCAL B OARD; OR 11
210207
211- (ii) the local board received more than one ballot from the same
212-individual for the same election in the same ballot envelope; or
208+ 2. PRACTICABLE DUE TO L IMITED RESOURCES OR 12
209+OTHER CONSTRAINTS ON THE LOCAL BOARD . 13
213210
214- (iii) the local board determines that an absentee ballot is
215-intentionally marked with an identifying mark that is clearly evident and placed on the
216-ballot for the purpose of identifying the ballot.
211+ (2) A local board may not delay the commencement of the canvass to await 14
212+the receipt of late–arriving, timely absentee ballots. 15
217213
218- [(4) If the local board receives more than one legally sufficient ballot, in
219-separate envelopes, from the same individual, the local board shall:
214+ (3) A LOCAL BOARD MAY COND UCT VOTE TALLYING WH EN ABSENTEE 16
215+BALLOTS ARE PROCESSE D UNDER PARAGRAPH (1)(I) OF THIS SUBSECTIO N. 17
220216
221- (i) count only the ballot with the latest properly signed oath; and
217+ (3) (4) (I) A LOCAL BOARD OR AN EM PLOYEE OF A LOCAL BO ARD 18
218+MAY NOT TABULATE CONDUCT ABSENTEE BALLOT VOTE TOTALS TABULATION 19
219+BEFORE THE POLLS CLOSE OPEN ON ELECTION DAY . 20
222220
223- (ii) reject any other ballot.]
221+ (II) A LOCAL BOARD MAY NOT RELEASE ABSENTEE BAL LOT VOTE 21
222+TOTALS BEFORE THE POLLS CLOSE ON ELECT ION DAY. 22
224223
225- (4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS
226-REQUIRING A LOCAL BO ARD:
224+ (c) (1) An absentee ballot shall be deemed timely received if it is received in 23
225+accordance with the regulations and guidelines established by the State Board. 24
227226
228- 1. AS SOON AS PRACTICAB LE BUT NOT LATER THAN 3
229-BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETE RMINED THAT A VOTER
230-FAILED TO SIGN THE O ATH ON THE BALLOT EN VELOPE OR BALLOT /RETURN
231-ENVELOPE, TO NOTIFY THE VOTER OF THE FAILURE ; AND
227+ (2) An absentee ballot that is received after the deadline specified by the 25
228+regulations and guidelines may not be counted. 26
232229
233- 2. TO PROVIDE THE VOTER AN OPPORTUNITY TO
234-CORRECT THE OMISSION AND HAVE THE BALLOT COUN TED.
230+ (d) (1) The State Board shall adopt regulations that reflect the policy that the 27
231+clarity of the intent of the voter is the overriding consideration in determining the validity 28
232+of an absentee ballot or the vote cast in a particular contest. 29
235233
236- (II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW
237-A VOTER: Ch. 151 2023 LAWS OF MARYLAND
234+ (2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 30
235+not reject an absentee ballot except by unanimous vote and in accordance with regulations 31
236+of the State Board. 32
238237
239-– 6 –
238+ (3) The local board shall reject an absentee ballot if: 33 6 HOUSE BILL 535
240239
241- 1. TO SUPPLY A SIGNATUR E TO THE LOCAL BOARD
242-THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE O R E–MAIL IF
243-THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVELOPE OR
244-BALLOT/RETURN ENVELOPE ; AND
245240
246- 2. TO CHOOSE AMONG MULT IPLE METHODS OF
247-COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE
248-OATH ON THE BALLOT E NVELOPE OR BALLOT /RETURN ENVELOPE , INCLUDING:
249241
250- A. TEXT MESSAGE ;
242+ (i) the voter failed to sign the oath on the ballot envelope OR 1
243+BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFOR E 10 2
244+A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY; 3
251245
252- B. E–MAIL;
246+ (ii) the local board received more than one ballot from the same 4
247+individual for the same election in the same ballot envelope; or 5
253248
254- C. AN ACCESSIBLE ONLINE PORTAL;
249+ (iii) the local board determines that an absentee ballot is 6
250+intentionally marked with an identifying mark that is clearly evident and placed on the 7
251+ballot for the purpose of identifying the ballot. 8
255252
256- D. A MAILED FORM ; AND
253+ [(4) If the local board receives more than one legally sufficient ballot, in 9
254+separate envelopes, from the same individual, the local board shall: 10
257255
258- E. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE .
256+ (i) count only the ballot with the latest properly signed oath; and 11
259257
260- (5) If the intent of the voter is not clearly demonstrated, the local board
261-shall reject only the vote for that office or question.
258+ (ii) reject any other ballot.] 12
262259
263- (6) If an absentee voter casts a vote for an individual who has ceased to be
264-a candidate, the vote for that candidate may not be counted, but that vote does not
265-invalidate the remainder of the ballot.
260+ (4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS 13
261+REQUIRING A LOCAL BO ARD: 14
266262
267- (e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end
268-of each day of canvassing, a local board shall prepare and release a report of the unofficial
269-[results] RETURNS of the absentee ballot vote tabulation.
263+ 1. AS SOON AS PRACTICAB LE BUT NOT LATER THA N 3 15
264+BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETE RMINED THAT A VOTER 16
265+FAILED TO SIGN THE O ATH ON THE BALLOT EN VELOPE OR BALLOT /RETURN 17
266+ENVELOPE, TO NOTIFY THE VOTER OF THE FAILURE ; AND 18
270267
271-11–303.
268+ 2. TO PROVIDE THE VOTER AN OPPORTUNITY TO 19
269+CORRECT THE OMISSION AND HAVE THE BALLOT COUNTED. 20
272270
273- (d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may
274-not reject a provisional ballot except by unanimous vote and in accordance with regulations
275-of the State Board.
271+ (II) THE REGULATIONS UNDER THIS PARAGRAP H SHALL ALLOW 21
272+A VOTER: 22
276273
277- (2) The local board shall reject a provisional ballot if:
274+ 1. TO SUPPLY A SIGNATUR E TO THE LOCAL BOARD 23
275+THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE O R E–MAIL IF 24
276+THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVELOPE OR 25
277+BALLOT/RETURN ENVELOPE ; AND 26
278278
279- (i) pursuant to paragraph (4) of this subsection, the local board
280-determines that the individual who cast the provisional ballot is not qualified to vote that
281-provisional ballot;
279+ 2. TO CHOOSE AMONG MULTIPLE METHODS OF 27
280+COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE 28
281+OATH ON THE BALLOT E NVELOPE OR BALLOT /RETURN ENVELOPE , INCLUDING: 29
282282
283- (ii) the individual failed to sign the oath on the provisional ballot
284-application; OR WES MOORE, Governor Ch. 151
283+ A. TEXT MESSAGE ; 30
285284
286-– 7 –
285+ B. E–MAIL; 31 HOUSE BILL 535 7
287286
288- (iii) [the individual cast more than one ballot for the same election;
289-or
290287
291- (iv)] the local board determines that a provisional ballot is
292-intentionally marked with an identifying mark that is clearly evident and placed on the
293-ballot for the purpose of identifying the ballot.
294288
295- (3) If the intent of the voter with respect to a particular contest is not
296-clearly demonstrated, the local board shall reject only the vote for that contest.
289+ C. AN ACCESSIBLE ONLINE PORTAL; 1
297290
298- (4) For the purposes of this section, an individual is qualified to vote the
299-provisional ballot cast if the local board determines that:
291+ D. A MAILED FORM ; AND 2
300292
301- (i) the individual is registered in the State;
293+ E. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE . 3
302294
303- (ii) if the provisional ballot was cast because the voter failed to
304-provide required identification, the individual who cast the provisional ballot has met the
305-identification requirements established by the State Board; and
295+ (5) If the intent of the voter is not clearly demonstrated, the local board 4
296+shall reject only the vote for that office or question. 5
306297
307- (iii) if the provisional ballot was cast during a period covered by a
308-court order or other order extending the time for closing the polls, the order has not been
309-invalidated by a subsequent court order.
298+ (6) If an absentee voter casts a vote for an individual who has ceased to be 6
299+a candidate, the vote for that candidate may not be counted, but that vote does not 7
300+invalidate the remainder of the ballot. 8
310301
311-11–303.2.
302+ (e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end 9
303+of each day of canvassing, a local board shall prepare and release a report of the unofficial 10
304+[results] RETURNS of the absentee ballot vote tabulation. 11
312305
313- SUBJECT TO § 11–302(D)(3)(II) OF THIS SUBTITLE , IF A LOCAL BOARD
314-RECEIVES MORE THAN O NE BALLOT FROM THE S AME INDIVIDUAL , THE LOCAL
315-BOARD SHALL :
306+11–303. 12
316307
317- (1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT THE
318-LOCAL BOARD DETERMIN ES IS LEGALLY SUFFIC IENT; AND
308+ (d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may 13
309+not reject a provisional ballot except by unanimous vote and in accordance with regulations 14
310+of the State Board. 15
319311
320- (2) REJECT ANY OTHER BAL LOT.
312+ (2) The local board shall reject a provisional ballot if: 16
321313
322-11–402.
314+ (i) pursuant to paragraph (4) of this subsection, the local board 17
315+determines that the individual who cast the provisional ballot is not qualified to vote that 18
316+provisional ballot; 19
323317
324- (a) Unless otherwise provided by the Maryland Constitution, and [except as
325-provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall
326-prepare a statement of election results [by precinct] for each candidate or question voted
327-on at the election and declare:
318+ (ii) the individual failed to sign the oath on the provisional ballot 20
319+application; OR 21
328320
329- (1) who is elected or nominated for office:
321+ (iii) [the individual cast more than one ballot for the same election; 22
322+or 23
330323
331- (i) in county government; or Ch. 151 2023 LAWS OF MARYLAND
324+ (iv)] the local board determines that a provisional ballot is 24
325+intentionally marked with an identifying mark that is clearly evident and placed on the 25
326+ballot for the purpose of identifying the ballot. 26
332327
333-– 8 –
328+ (3) If the intent of the voter with respect to a particular contest is not 27
329+clearly demonstrated, the local board shall reject only the vote for that contest. 28
334330
335- (ii) for any other office voted for only within that county, if the
336-certificate of candidacy for that office was issued by the local board; and
331+ (4) For the purposes of this section, an individual is qualified to vote the 29
332+provisional ballot cast if the local board determines that: 30
333+ 8 HOUSE BILL 535
337334
338- (2) whether or not a question is adopted or approved.
339335
340- (b) The statement prepared by the board of canvassers under SUBSECTION (A)
341-OF this section [may not] SHALL report the EARLY, absentee, AND PROVISIONAL vote
342-separately [by precinct].
336+ (i) the individual is registered in the State; 1
343337
344- (c) [Each local board shall publish a sufficient number of copies of the complete
345-election results, tabulated by precinct, and shall make the copies available to the public at
346-cost.
338+ (ii) if the provisional ballot was cast because the voter failed to 2
339+provide required identification, the individual who cast the provisional ballot has met the 3
340+identification requirements established by the State Board; and 4
347341
348- (d)] (1) In addition to the statement of election results specified under
349-subsection (a) of this section, the State Board shall make available in an electronic format
350-a report of election results for each candidate or question voted on at the election:
342+ (iii) if the provisional ballot was cast during a period covered by a 5
343+court order or other order extending the time for closing the polls, the order has not been 6
344+invalidated by a subsequent court order. 7
351345
352- (i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND
353-PROVISIONAL VOTE ;
346+11–303.2. 8
354347
355- (ii) by State legislative district, including any subdistrict;
348+ SUBJECT TO § 11–302(D)(3)(II) OF THIS SUBTITLE , IF A LOCAL BOARD 9
349+RECEIVES MORE THAN O NE BALLOT FROM THE S AME INDIVIDUAL , THE LOCAL 10
350+BOARD SHALL : 11
356351
357- (iii) by county legislative district; and
352+ (1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT THE 12
353+LOCAL BOARD DETERMIN ES IS LEGALLY SUFFIC IENT; AND 13
358354
359- (iv) for each county as a whole.
355+ (2) REJECT ANY OTHER BALLOT. 14
360356
361- (2) The State Board may make the report specified under paragraph (1) of
362-this subsection available to the public at cost.
357+11–402. 15
363358
364- SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 8 –201 of
365-the Election Law Article, in 2024, the statewide primary election and the primary election
366-for municipal offices in Baltimore City shall be held on the second Tuesday in May.
359+ (a) Unless otherwise provided by the Maryland Constitution, and [except as 16
360+provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall 17
361+prepare a statement of election results [by precinct] for each candidate or question voted 18
362+on at the election and declare: 19
367363
368- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
369-October 1, 2023.
364+ (1) who is elected or nominated for office: 20
370365
371-Approved by the Governor, April 24, 2023.
366+ (i) in county government; or 21
367+
368+ (ii) for any other office voted for only within that county, if the 22
369+certificate of candidacy for that office was issued by the local board; and 23
370+
371+ (2) whether or not a question is adopted or approved. 24
372+
373+ (b) The statement prepared by the board of canvassers under SUBSECTION (A) 25
374+OF this section [may not] SHALL report the EARLY, absentee, AND PROVISIONAL vote 26
375+separately [by precinct]. 27
376+
377+ (c) [Each local board shall publish a sufficient number of copies of the complete 28
378+election results, tabulated by precinct, and shall make the copies available to the public at 29
379+cost. 30
380+ HOUSE BILL 535 9
381+
382+
383+ (d)] (1) In addition to the statement of election results specified under 1
384+subsection (a) of this section, the State Board shall make available in an electronic format 2
385+a report of election results for each candidate or question voted on at the election: 3
386+
387+ (i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND 4
388+PROVISIONAL VOTE; 5
389+
390+ (ii) by State legislative district, including any subdistrict; 6
391+
392+ (iii) by county legislative district; and 7
393+
394+ (iv) for each county as a whole. 8
395+
396+ (2) The State Board may make the report specified under paragraph (1) of 9
397+this subsection available to the public at cost. 10
398+
399+ SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 8 –201 of 11
400+the Election Law Article, in 2024, the statewide primary election and the primary election 12
401+for municipal offices in Baltimore City shall be held on the second Tuesday in May. 13
402+
403+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
404+October 1, 2023. 15
405+
406+
407+
408+
409+
410+
411+
412+Approved:
413+________________________________________________________________________________
414+ Governor.
415+________________________________________________________________________________
416+ Speaker of the House of Delegates.
417+________________________________________________________________________________
418+ President of the Senate.