Maryland 2023 Regular Session

Maryland Senate Bill SB567 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0567
6	6
7	7	SENATE BILL 567
8	8	G1 3lr2373
9	9	CF HB 35
10	10	By: Senators Ready, Bailey, Carozza, Corderman, Folden, Gallion, Hershey,
11	11	Jennings, Mautz, McKay, Salling, and West
12	12	Introduced and read first time: February 6, 2023
13	13	Assigned to: Education, Energy, and the Environment
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Elections – In–Person Voting – Proof of Identity 2
20	20
21	21	FOR the purpose of requiring an election judge to establish a voter’s identity by requiring 3
22	22	the voter to present certain proof of identity; requiring a voter to vote a provisional 4
23	23	ballot if the voter is unable to provide certain proof of identity; prohibiting a person 5
24	24	from knowingly and willfully voting or attempting to vote under a false form of 6
25	25	identification; and generally relating to requiring voters to present proof of identity 7
26	26	at a polling place. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – Election Law 10
30	30	Section 10–310 and 16–201 11
31	31	Annotated Code of Maryland 12
32	32	(2022 Replacement Volume and 2022 Supplement) 13
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35	35	That the Laws of Maryland read as follows: 15
36	36
37	37	Article – Election Law 16
38	38
39	39	10–310. 17
40	40
41	41	(a) For each individual who seeks to vote, an election judge, in accordance with 18
42	42	instructions provided by the local board, shall: 19
43	43
44	44	(1) locate the individual’s name in the election register and locate the 20
45	45	preprinted voting authority card and then [authorize the individual to vote a regular ballot] 21
46	46	ESTABLISH THE VOTER’S IDENTITY AS PROVID ED IN SUBSECTION (B) OF THIS 22
47	47	SECTION; AND 23 2 SENATE BILL 567
48	48
49	49
50	50
51	51	(2) (i) if the individual’s name is not found on the election register, 1
52	52	search the inactive list and if the name is found, [authorize the individual to vote a regular 2
53	53	ballot] ESTABLISH THE VOTER’S IDENTITY AS PROVID ED IN SUBSECTION (B) OF THIS 3
54	54	SECTION; or 4
55	55
56	56	(ii) if the individual’s name is not on the inactive list, refer the 5
57	57	individual for provisional ballot voting under § 9–404 of this article[;]. 6
58	58
59	59	[(3)] (B) THE ELECTION JUDGE SH ALL establish the VOTER’S identity 7
60	60	[of the voter] by: 8
61	61
62	62	(1) requesting the voter to state the month and day of the voter’s birth and 9
63	63	comparing the response to the information listed in the election register; 10
64	64
65	65	(2) REQUIRING THE VOT ER TO PRESENT : 11
66	66
67	67	(I) A VALID GOVERNMENT –ISSUED PHOTO IDENTIF ICATION; OR 12
68	68
69	69	(II) 1. A VALID NONGOVERNMEN T–ISSUED PHOTO 13
70	70	IDENTIFICATION ; AND 14
71	71
72	72	2. A CURRENT UTILITY BI LL, BANK STATEMENT , 15
73	73	PAYCHECK, GOVERNMENT CHECK , OR OTHER GOVERNMENT DOCUMENT THAT 16
74	74	STATES THE VOTER ’S NAME AND ADDRESS ; 17
75	75
76	76	[(4)] (3) (i) except if a voter’s personal information has been deemed 18
77	77	confidential by the local board, verify the address of the voter’s residence; or 19
78	78
79	79	(ii) conduct an alternative verification as established by the State 20
80	80	Board, if the voter’s personal information has been deemed confidential by the local board; 21
81	81
82	82	[(5)] (4) if any changes to the voting authority card are indicated by a 22
83	83	voter, make the appropriate changes in information on the card or other appropriate form; 23
84	84	and 24
85	85
86	86	[(6)] (5) have the voter sign the voting authority card and either issue the 25
87	87	voter a ballot or send the voter to a machine to vote. 26
88	88
89	89	[(b)] (C) (1) [On] EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS 27
90	90	SECTION, ON the completion of the procedures set forth in [subsection (a)] SUBSECTIONS 28
91	91	(A) AND (B) of this section, [a] THE ELECTION JUDGE S HALL AUTHORIZE THE 29
92	92	INDIVIDUAL TO VOTE A REGULAR BALLOT . 30
93	93	SENATE BILL 567 3
94	94
95	95
96	96	(2) A voter may vote A REGULAR BALLOT in accordance with the 1
97	97	procedures appropriate to the voting system used in the polling place. 2
98	98
99	99	(D) THE ELECTION JUDGE SH ALL REFER THE INDIVI DUAL FOR A 3
100	100	PROVISIONAL BALLOT U NDER § 9–404 OF THIS ARTICLE IF T HE VOTER IS UNABLE T O 4
101	101	PROVIDE IDENTIFICATI ON AS REQUIRED UNDER SUBSECTION (B)(2) OF THIS 5
102	102	SECTION. 6
103	103
104	104	[(c)] (E) (1) Before a voter enters a voting booth, at the request of the voter, 7
105	105	an election judge shall: 8
106	106
107	107	(i) instruct the voter about the operation of the voting system; and 9
108	108
109	109	(ii) allow the voter an opportunity to operate a model voting device, 10
110	110	if appropriate to the voting system in use. 11
111	111
112	112	(2) (i) 1. After a voter enters the voting booth, at the request of the 12
113	113	voter, two election judges representing different political parties shall instruct the voter on 13
114	114	the operation of the voting device. 14
115	115
116	116	2. An election judge may not suggest in any way how the 15
117	117	voter should vote for a particular ticket, candidate, or position on a question. 16
118	118
119	119	3. After instructing the voter, the election judges shall exit 17
120	120	the voting booth and allow the voter to vote privately. 18
121	121
122	122	(ii) A voter may take into the polling place any written or printed 19
123	123	material to assist the voter in marking or preparing the ballot. 20
124	124
125	125	(3) (i) Except as provided in subparagraph (ii) of this paragraph, a voter 21
126	126	who requires assistance in marking or preparing the ballot because of a physical disability 22
127	127	or an inability to read the English language may choose any individual to assist the voter. 23
128	128
129	129	(ii) A voter may not choose the voter’s employer or agent of that 24
130	130	employer or an officer or agent of the voter’s union to assist the voter in marking the ballot. 25
131	131
132	132	(4) If the voter requires the assistance of another in voting but declines to 26
133	133	select an individual to assist, an election judge, in the presence of another election judge 27
134	134	that represents another political party, shall assist the voter in the manner prescribed by 28
135	135	the voter. 29
136	136
137	137	(5) An individual assisting a voter may not suggest in any way how the 30
138	138	voter should vote for a particular ticket, candidate, or position on a question. 31
139	139
140	140	(6) If a voter requires assistance under paragraph (4) or (5) of this 32
141	141	subsection, the election judge shall record, on a form prescribed by the State Board, the 33 4 SENATE BILL 567
142	142
143	143
144	144	name of the voter who required assistance and the name of the individual providing 1
145	145	assistance to the voter. 2
146	146
147	147	(7) Except as provided in paragraph (3) or (4) of this subsection, an 3
148	148	individual over the age of 17 years may not accompany a voter into a voting booth. 4
149	149
150	150	16–201. 5
151	151
152	152	(a) A person may not willfully and knowingly: 6
153	153
154	154	(1) (i) impersonate another person in order to vote or attempt to vote; 7
155	155	[or] 8
156	156
157	157	(ii) vote or attempt to vote under a false name; OR 9
158	158
159	159	(III) VOTE OR ATTEMPT TO V OTE UNDER A FALSE FO RM OF 10
160	160	IDENTIFICATION ; 11
161	161
162	162	(2) vote more than once for a candidate for the same office or for the same 12
163	163	ballot question; 13
164	164
165	165	(3) vote or attempt to vote more than once in the same election, or vote in 14
166	166	more than one election district or precinct; 15
167	167
168	168	(4) vote in an election district or precinct without the legal authority to vote 16
169	169	in that election district or precinct; 17
170	170
171	171	(5) influence or attempt to influence a voter’s voting decision through the 18
172	172	use of force, threat, menace, intimidation, bribery, reward, or offer of reward; 19
173	173
174	174	(6) influence or attempt to influence a voter’s decision whether to go to the 20
175	175	polls to cast a vote through the use of force, fraud, threat, menace, intimidation, bribery, 21
176	176	reward, or offer of reward; or 22
177	177
178	178	(7) engage in conduct that results or has the intent to result in the denial 23
179	179	or abridgement of the right of any citizen of the United States to vote on account of race, 24
180	180	color, or disability. 25
181	181
182	182	(b) Except as provided in § 16–1002 of this title, a person who violates this section 26
183	183	is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 27
184	184	imprisonment for not more than 5 years or both. 28
185	185
186	186	(c) A person who violates this section is subject to § 5–106(b) of the Courts Article. 29
187	187
188	188	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
189	189	October 1, 2023. 31
190	190