WES MOORE, Governor Ch. 151
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Chapter 151
(House Bill 535)
AN ACT concerning
Election Law – Ballots – Ballot Issuance, Processing, and Reporting Procedures
and 2024 Primary Date
FOR the purpose of requiring that a local board of elections send a ballot to certain voters
who have made a request and qualify to vote by absentee ballot not later than a
certain number of days before an election; altering the procedures for the canvassing
of and curing of errors on absentee and provisional ballots; repealing the
requirements that a certain statement of election results be by precinct and that the
local boards of elections publish copies of the complete election results in a certain
manner; requiring that a certain report of election results by the State Board of
Elections be reported by precinct, including reports of the early, absentee, and
provisional vote; altering, in a certain year, the date of the statewide primary election
and the primary election for municipal offices in Baltimore City; and generally
relating to ballot issuance, processing, and reporting procedures and primary
election dates.
BY repealing and reenacting, without amendments,
Article – Election Law
Section 9–306(b)
Annotated Code of Maryland
(2022 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Election Law
Section 9–306(c), 11–101, 11–302, 11–303(d), and 11–402
Annotated Code of Maryland
(2022 Replacement Volume and 2022 Supplement)
BY adding to
Article – Election Law
Section 11–303.2
Annotated Code of Maryland
(2022 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Election Law
9–306.
Ch. 151 2023 LAWS OF MARYLAND
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(b) If the applicant qualifies to vote by absentee ballot, the local board shall
provide the ballot by one of the following methods requested by the voter:
(1) mail;
(2) facsimile transmission;
(3) the Internet; or
(4) by hand during an in–person transaction.
(c) (1) [Once ballots are available, the] NOT LATER THAN 43 DAYS BEFORE
AN ELECTION, THE LOCAL BOARD SHAL L SEND A BALLOT TO E ACH VOTER WHO
QUALIFIES TO VOTE BY ABSENTEE BALLOT AND HAS MADE A REQUEST A T LEAST 60
DAYS BEFORE THE ELEC TION TO RECEIVE THE BALLOT BY MAIL , FACSIMILE
TRANSMISSION , OR THE INTERNET.
(2) A local board shall provide [the] A ballot to a [qualified applicant]
VOTER WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT AND MAKES A R EQUEST LESS
THAN 60 DAYS BEFORE AN ELECT ION:
[(1)] (I) as soon as practicable after receipt of the request; or
[(2)] (II) immediately for an in–person transaction with a voter or the
voter’s duly authorized agent.
11–101.
(a) In this title the following words have the meanings indicated.
(b) “Board of canvassers” means the local board of elections in a county after the
local board organizes itself for the purpose of canvassing the vote [after] FOR an election
in that county.
(c) (1) “Canvass” means the entire process of vote tallying, vote tabulation,
and vote verification [or audit], culminating in the production and certification of the
official election results.
(2) For absentee ballots, the “canvass” includes the opening of any envelope
accompanying an absentee ballot and the assembly and review of absentee ballots in
preparation for vote tallying.
(3) For provisional ballots, the “canvass” includes the review of the
provisional ballot applications described in § 11–303 of this title and the assembly and
review of provisional ballots in preparation for vote tallying. WES MOORE, Governor Ch. 151
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(4) For votes cast during early voting, the “canvass” includes the VOTE
tabulation of votes cast during early voting.
(5) For votes cast in a special election conducted by mail under Title 9,
Subtitle 5 of this article, the “canvass” includes:
(i) the opening of any envelope accompanying a vote–by–mail ballot
and the assembly and review of vote–by–mail ballots in preparation for vote tabulation;
and
(ii) the tabulation of vote–by–mail ballots.
(d) “Counting center” means one or more central locations designated by a local
board to conduct the canvass.
(e) “Removable data storage device” means a read–only memory device that is
programmed to record votes as they are cast on an electronic voting system.
(f) (1) “Unofficial returns” means [a] vote [tabulation] TOTALS reported on
election night after the polls close.
(2) “Unofficial returns” does not include [the absentee ballot count or] the
provisional ballot count.
(g) “Vote tabulation” or “vote counting” means the aggregation of the votes cast
by individual voters to produce vote totals at any level.
(h) “Vote tallying” means the recording of votes cast by individual voters on a
certified voting system [whether done by:
(1) a mechanical lever voting machine;
(2) an electronic voting device; or
(3) making marks manually on a tally sheet].
11–302.
(a) (1) [Following an election, each] EACH local board shall meet at its
designated counting center to canvass the absentee ballots cast in that election in
accordance with the regulations and guidelines established by the State Board.
(2) PROMPTLY AFTER RECEIP T OF AN ABSENTEE BAL LOT, A LOCAL
BOARD SHALL REVIEW TH E BALLOT ENVELOPE OR BALLOT/RETURN ENVELOPE FOR
THE OMISSION OF THE VOTER’S SIGNATURE ON THE O ATH. Ch. 151 2023 LAWS OF MARYLAND
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(3) A LOCAL BOARD SHALL RE CORD THE RECEIPT OF AN ABSENTEE
BALLOT IN THE STATEW IDE VOTER REGISTRATI ON SYSTEM AND MAKE T HE
INFORMATION AVAILABLE THROUGH TH E FREE ACCESS SYSTEM ESTABLISHED
UNDER COMAR 33.11.06.03 AS SOON AS PRACTICAB LE, BUT NOT LATER THAN :
(I) 2 BUSINESS DAYS AFTER RECEIPT OF THE AN ABSENTEE
BALLOT PROVIDED BY MAIL ; OR
(II) 4 BUSINESS DAYS AFTER RECEIPT OF AN ABSENTEE BALLOT
PROVIDED THROUGH THE INTERNET OR BY FACSIM ILE TRANSMISSION .
(b) (1) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH AND SUBJEC T TO PARAGRAPH (3) OF THIS SUBSECTION , A local board
[may not open any envelope of an] SHALL BEGIN PROCESSI NG absentee [ballot prior to 8
a.m.] BALLOTS on the [Wednesday following election day] DAY THAT IS 8 BUSINESS DAYS
BEFORE THE FIRST DAY OF EARLY VOTING .
(II) THE ADMINISTRATOR STATE ADMINISTRATOR MAY GRANT
A WAIVER TO A LOCAL BOARD FROM THE REQUIREMENT UNDER SUBPARAGRAPH (I)
OF THIS PARAGRAPH IF THE LOCAL BOARD DETERMINES SEEKS A DETERMINATIO N
BY THE STATE ADMINISTRATOR THAT EARLY CANVASSIN G IS NOT:
1. NECESSARY BASED ON DUE TO THE LOW NUMBER OF
ABSENTEE BALLOTS REC EIVED BY THE LOCAL BOARD ; OR
2. PRACTICABLE DUE TO L IMITED RESOURCES OR
OTHER CONSTRAINTS ON THE LOCAL BOARD .
(2) A local board may not delay the commencement of the canvass to await
the receipt of late–arriving, timely absentee ballots.
(3) A LOCAL BOARD MAY CONDUCT VOTE TAL LYING WHEN ABSENTEE
BALLOTS ARE PROCESSE D UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION .
(3) (4) (I) A LOCAL BOARD OR AN EM PLOYEE OF A LOCAL BO ARD
MAY NOT TABULATE CONDUCT ABSENTEE BALLOT VOTE TOTALS TABULATION
BEFORE THE POLLS CLOSE OPEN ON ELECTION DAY .
(II) A LOCAL BOARD MAY NOT RELEASE ABSENTEE BAL LOT VOTE
TOTALS BEFORE THE PO LLS CLOSE ON ELECTIO N DAY.
(c) (1) An absentee ballot shall be deemed timely received if it is received in
accordance with the regulations and guidelines established by the State Board. WES MOORE, Governor Ch. 151
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(2) An absentee ballot that is received after the deadline specified by the
regulations and guidelines may not be counted.
(d) (1) The State Board shall adopt regulations that reflect the policy that the
clarity of the intent of the voter is the overriding consideration in determining the validity
of an absentee ballot or the vote cast in a particular contest.
(2) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may
not reject an absentee ballot except by unanimous vote and in accordance with regulations
of the State Board.
(3) The local board shall reject an absentee ballot if:
(i) the voter failed to sign the oath on the ballot envelope OR
BALLOT/RETURN ENVELOPE AND FAILED TO CORREC T THE OMISSION BEFORE 10
A.M. ON THE DAY THAT IS 10 DAYS AFTER ELECTION DAY;
(ii) the local board received more than one ballot from the same
individual for the same election in the same ballot envelope; or
(iii) the local board determines that an absentee ballot is
intentionally marked with an identifying mark that is clearly evident and placed on the
ballot for the purpose of identifying the ballot.
[(4) If the local board receives more than one legally sufficient ballot, in
separate envelopes, from the same individual, the local board shall:
(i) count only the ballot with the latest properly signed oath; and
(ii) reject any other ballot.]
(4) (I) THE STATE BOARD SHALL ADOPT REG ULATIONS
REQUIRING A LOCAL BO ARD:
1. AS SOON AS PRACTICAB LE BUT NOT LATER THAN 3
BUSINESS DAYS AFTER THE DATE ON WHICH IT WAS DETE RMINED THAT A VOTER
FAILED TO SIGN THE O ATH ON THE BALLOT EN VELOPE OR BALLOT /RETURN
ENVELOPE, TO NOTIFY THE VOTER OF THE FAILURE ; AND
2. TO PROVIDE THE VOTER AN OPPORTUNITY TO
CORRECT THE OMISSION AND HAVE THE BALLOT COUN TED.
(II) THE REGULATIONS UNDER THIS PARAGRAPH SHALL ALLOW
A VOTER: Ch. 151 2023 LAWS OF MARYLAND
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1. TO SUPPLY A SIGNATUR E TO THE LOCAL BOARD
THROUGH A DIGITAL PI CTURE MESSAGE SENT B Y MOBILE TELEPHONE O R E–MAIL IF
THE VOTER FAILED TO SIGN THE OATH ON THE BALLOT ENVELOPE OR
BALLOT/RETURN ENVELOPE ; AND
2. TO CHOOSE AMONG MULT IPLE METHODS OF
COMMUNICATING WITH T HE LOCAL BOARD TO CO RRECT THE FAILURE TO SIGN THE
OATH ON THE BALLOT E NVELOPE OR BALLOT /RETURN ENVELOPE , INCLUDING:
A. TEXT MESSAGE ;
B. E–MAIL;
C. AN ACCESSIBLE ONLINE PORTAL;
D. A MAILED FORM ; AND
E. AN IN–PERSON VISIT TO THE LOCAL BOARD OFFICE .
(5) If the intent of the voter is not clearly demonstrated, the local board
shall reject only the vote for that office or question.
(6) If an absentee voter casts a vote for an individual who has ceased to be
a candidate, the vote for that candidate may not be counted, but that vote does not
invalidate the remainder of the ballot.
(e) [At] BEGINNING AFTER THE P OLLS CLOSE ON ELECTI ON DAY, AT the end
of each day of canvassing, a local board shall prepare and release a report of the unofficial
[results] RETURNS of the absentee ballot vote tabulation.
11–303.
(d) (1) [A] SUBJECT TO § 11–303.2 OF THIS SUBTITLE , A local board may
not reject a provisional ballot except by unanimous vote and in accordance with regulations
of the State Board.
(2) The local board shall reject a provisional ballot if:
(i) pursuant to paragraph (4) of this subsection, the local board
determines that the individual who cast the provisional ballot is not qualified to vote that
provisional ballot;
(ii) the individual failed to sign the oath on the provisional ballot
application; OR WES MOORE, Governor Ch. 151
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(iii) [the individual cast more than one ballot for the same election;
or
(iv)] the local board determines that a provisional ballot is
intentionally marked with an identifying mark that is clearly evident and placed on the
ballot for the purpose of identifying the ballot.
(3) If the intent of the voter with respect to a particular contest is not
clearly demonstrated, the local board shall reject only the vote for that contest.
(4) For the purposes of this section, an individual is qualified to vote the
provisional ballot cast if the local board determines that:
(i) the individual is registered in the State;
(ii) if the provisional ballot was cast because the voter failed to
provide required identification, the individual who cast the provisional ballot has met the
identification requirements established by the State Board; and
(iii) if the provisional ballot was cast during a period covered by a
court order or other order extending the time for closing the polls, the order has not been
invalidated by a subsequent court order.
11–303.2.
SUBJECT TO § 11–302(D)(3)(II) OF THIS SUBTITLE , IF A LOCAL BOARD
RECEIVES MORE THAN O NE BALLOT FROM THE S AME INDIVIDUAL , THE LOCAL
BOARD SHALL :
(1) COUNT THE FIRST BALL OT FROM THE INDIVIDU AL THAT THE
LOCAL BOARD DETERMIN ES IS LEGALLY SUFFIC IENT; AND
(2) REJECT ANY OTHER BAL LOT.
11–402.
(a) Unless otherwise provided by the Maryland Constitution, and [except as
provided in] SUBJECT TO subsection (b) of this section, each board of canvassers shall
prepare a statement of election results [by precinct] for each candidate or question voted
on at the election and declare:
(1) who is elected or nominated for office:
(i) in county government; or Ch. 151 2023 LAWS OF MARYLAND
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(ii) for any other office voted for only within that county, if the
certificate of candidacy for that office was issued by the local board; and
(2) whether or not a question is adopted or approved.
(b) The statement prepared by the board of canvassers under SUBSECTION (A)
OF this section [may not] SHALL report the EARLY, absentee, AND PROVISIONAL vote
separately [by precinct].
(c) [Each local board shall publish a sufficient number of copies of the complete
election results, tabulated by precinct, and shall make the copies available to the public at
cost.
(d)] (1) In addition to the statement of election results specified under
subsection (a) of this section, the State Board shall make available in an electronic format
a report of election results for each candidate or question voted on at the election:
(i) by precinct, INCLUDING THE EARLY , ABSENTEE, AND
PROVISIONAL VOTE ;
(ii) by State legislative district, including any subdistrict;
(iii) by county legislative district; and
(iv) for each county as a whole.
(2) The State Board may make the report specified under paragraph (1) of
this subsection available to the public at cost.
SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 8 –201 of
the Election Law Article, in 2024, the statewide primary election and the primary election
for municipal offices in Baltimore City shall be held on the second Tuesday in May.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 24, 2023.