Maryland 2023 Regular Session

Maryland Senate Bill SB864 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 MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0864
6	6
7	7	SENATE BILL 864
8	8	G1 3lr2431
9	9
10	10	By: Senator Kagan
11	11	Introduced and read first time: February 6, 2023
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Election Reform Act of 2023 2
19	19
20	20	FOR the purpose of prohibiting a person from knowingly and willfully making a threat to 3
21	21	take the life of, kidnap, or cause physical injury to a county election director; 4
22	22	establishing requirements and prohibitions related to a contract with an election 5
23	23	service provider; authorizing the State Administrator of Elections to terminate, in 6
24	24	whole or in part, a contract with an election service provider under certain 7
25	25	circumstances; requiring judges of the circuit courts to be elected on a nonpartisan 8
26	26	basis; establishing procedures for the nomination and election of circuit court judges 9
27	27	on a nonpartisan basis; prohibiting a stray mark, blemish, or writing from being the 10
28	28	sole basis for invalidating a ballot under certain circumstances; limiting the 11
29	29	individuals to whom a local board of elections may provide an absentee ballot 12
30	30	through the Internet; requiring a contractor who is responsible for distributing 13
31	31	absentee ballots to voters to mail the ballots in a certain manner but not later than 14
32	32	a certain number of days before the election; altering the procedures for the selection, 15
33	33	voting, certification, and meetings of presidential electors; providing that 16
34	34	presidential electors who take certain actions vacate the office; requiring the State 17
35	35	Board of Elections to develop strategies and inform voters about casting absentee 18
36	36	ballots by mail and requesting Internet ballots; requiring the State Board to analyze 19
37	37	data on the reasons voters cast provisional ballots; and generally relating to the 20
38	38	administration of elections. 21
39	39
40	40	BY repealing and reenacting, with amendments, 22
41	41	Article – Criminal Law 23
42	42	Section 3–708 24
43	43	Annotated Code of Maryland 25
44	44	(2021 Replacement Volume and 2022 Supplement) 26
45	45
46	46	BY repealing and reenacting, without amendments, 27
47	47	Article – Election Law 28
48	48	Section 1–101(a), 9–210(a)(9), and 9–306(a) 29 2 SENATE BILL 864
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2022 Replacement Volume and 2022 Supplement) 2
53	53
54	54	BY adding to 3
55	55	Article – Election Law 4
56	56	Section 1–101(ii–1) and (tt–1), 2–110, 8–504, 8–506, 8–507, and 8–509; 8–901 5
57	57	through 8–905 to be under the new subtitle “Subtitle 9. Election of Circuit 6
58	58	Court Judges”; and 9–216.1 and 9–306.1 7
59	59	Annotated Code of Maryland 8
60	60	(2022 Replacement Volume and 2022 Supplement) 9
61	61
62	62	BY repealing and reenacting, with amendments, 10
63	63	Article – Election Law 11
64	64	Section 5–203, 5–703(a), 5–703.1(a), 5–706, 8–503 through 8–505, 9–210(a)(6) and 12
65	65	(g), and 9–306(b) 13
66	66	Annotated Code of Maryland 14
67	67	(2022 Replacement Volume and 2022 Supplement) 15
68	68
69	69	BY repealing and reenacting, with amendments, 16
70	70	Article – Election Law 17
71	71	Section 8–505 18
72	72	Annotated Code of Maryland 19
73	73	(2022 Replacement Volume and 2022 Supplement) 20
74	74	(As enacted by Chapters 43 and 44 of the Acts of the General Assembly of 2007) 21
75	75
76	76	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
77	77	That the Laws of Maryland read as follows: 23
78	78
79	79	Article – Criminal Law 24
80	80
81	81	3–708. 25
82	82
83	83	(a) (1) In this section the following words have the meanings indicated. 26
84	84
85	85	(2) “Local official” means an individual serving in a publicly elected office 27
86	86	of a local government unit, as defined in § 10–101 of the State Government Article. 28
87	87
88	88	(3) (i) “State official” has the meaning stated in § 5–101 of the General 29
89	89	Provisions Article. 30
90	90
91	91	(ii) “State official” includes the Governor, Governor –elect, 31
92	92	Lieutenant Governor, and Lieutenant Governor–elect. 32
93	93
94	94	(4) “Threat” includes: 33
95	95
96	96	(i) an oral threat; or 34
97	97	SENATE BILL 864 3
98	98
99	99
100	100	(ii) a threat in any written form, whether or not the writing is signed, 1
101	101	or if the writing is signed, whether or not it is signed with a fictitious name or any other 2
102	102	mark. 3
103	103
104	104	(b) A person may not knowingly and willfully make a threat to take the life of, 4
105	105	kidnap, or cause physical injury to: 5
106	106
107	107	(1) a State official[,]; 6
108	108
109	109	(2) a local official[,]; 7
110	110
111	111	(3) a deputy State’s Attorney[,]; 8
112	112
113	113	(4) an assistant State’s Attorney[, or]; 9
114	114
115	115	(5) an assistant Public Defender; OR 10
116	116
117	117	(6) A COUNTY ELECTION DI RECTOR APPOINTED UNDER § 2–202 OF 11
118	118	THE ELECTION LAW ARTICLE. 12
119	119
120	120	(c) A person may not knowingly send, deliver, part with, or make for the purpose 13
121	121	of sending or delivering a threat prohibited under subsection (b) of this section. 14
122	122
123	123	(d) A person who violates this section is guilty of a misdemeanor and on conviction 15
124	124	is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both. 16
125	125
126	126	Article – Election Law 17
127	127
128	128	1–101. 18
129	129
130	130	(a) In this article the following words have the meanings indicated unless a 19
131	131	different meaning is clearly intended from the context. 20
132	132
133	133	(II–1) “PRESIDENTIAL ELECTOR ” MEANS AN ELECTOR FOR PRESIDENT AN D 21
134	134	VICE PRESIDENT OF THE UNITED STATES. 22
135	135
136	136	(TT–1) “UNAFFILIATED PRESIDEN TIAL CANDIDATE ” MEANS A 23
137	137	CANDIDATE FOR PRESIDENT OF THE UNITED STATES WHO QUALIFIES FOR THE 24
138	138	GENERAL ELECTION BAL LOT BY MEANS OTHER T HAN NOMINATION BY A POLITICAL 25
139	139	PARTY. 26
140	140
141	141	2–110. 27
142	142
143	143	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
144	144	INDICATED. 29 4 SENATE BILL 864
145	145
146	146
147	147
148	148	(2) “APPROPRIATE PERSONS ” MEANS: 1
149	149
150	150	(I) THE STATE BOARD; 2
151	151
152	152	(II) THE GOVERNOR; 3
153	153
154	154	(III) THE PRESIDENT OF THE SENATE; 4
155	155
156	156	(IV) THE SPEAKER OF THE HOUSE; 5
157	157
158	158	(V) THE ATTORNEY GENERAL; AND 6
159	159
160	160	(VI) THE DEPARTMENT OF INFORMATION TECHNOLOGY . 7
161	161
162	162	(3) “COMPONENT ” INCLUDES ANY HARDWAR E OR SOFTWARE 8
163	163	COMPONENT . 9
164	164
165	165	(4) “CONTRACT” MEANS AN AGREEMENT I N ANY FORM ENTERED 10
166	166	INTO BY A GOVERNMENT AL ENTITY FOR A PROC UREMENT AS DEFINED I N § 11–101 11
167	167	OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12
168	168
169	169	(5) “ELECTION SERVICE PROV IDER” MEANS ANY PERSON 13
170	170	PROVIDING, SUPPORTING , OR MAINTAINING AN EL ECTION SYSTEM ON BEH ALF OF 14
171	171	THE STATE BOARD OR A LOCAL BOAR D, INCLUDING A CONTRACT OR OR VENDOR . 15
172	172
173	173	(6) “ELECTION SYSTEM” MEANS ANY INFORMATIO N SYSTEM USED 16
174	174	FOR THE MANAGEMENT , SUPPORT, OR ADMINISTRATION OF AN ELECTION , 17
175	175	INCLUDING: 18
176	176
177	177	(I) THE VOTING SYSTEM ; 19
178	178
179	179	(II) THE ONLINE VOTER REG ISTRATION SYSTEM ; 20
180	180
181	181	(III) THE VOTER REGISTRATI ON DATABASE; 21
182	182
183	183	(IV) THE ONLINE BALLOT RE QUEST, DELIVERY, OR MARKING 22
184	184	SYSTEMS; 23
185	185
186	186	(V) THE ELECTRONIC POLLB OOKS; 24
187	187
188	188	(VI) THE ELECTION MANAGEM ENT SYSTEM; AND 25
189	189
190	190	(VII) THE SYSTEM FOR TABUL ATING OR REPORTING E LECTION 26
191	191	RESULTS. 27 SENATE BILL 864 5
192	192
193	193
194	194
195	195	(7) “FOREIGN NATIONAL ” INCLUDES: 1
196	196
197	197	(I) AN INDIVIDUAL WHO IS A CITIZEN OF A FOREI GN COUNTRY ; 2
198	198	AND 3
199	199
200	200	(II) AN INDIVIDUAL , A PARTNERSHIP , AN ASSOCIATION , A 4
201	201	CORPORATION , AN ORGANIZATION , OR ANY OTHER COMBINA TION OF INDIVIDUALS 5
202	202	ORGANIZED UNDER THE LAWS OF OR HAVING IT S PRINCIPAL PLACE OF BUSINESS IN 6
203	203	A FOREIGN COUNTRY . 7
204	204
205	205	(B) THE STATE BOARD MAY NOT APPROVE A CONTRACT WITH AN E LECTION 8
206	206	SERVICE PROVIDER UNL ESS THE CONTRACT INC LUDES A CLAUSE REQUI RING THE 9
207	207	ELECTION SERVICE PRO VIDER TO REPORT TO T HE STATE ADMINISTRATOR IF : 10
208	208
209	209	(1) ANY STAGE IN THE MAN UFACTURING OF A COMPONENT OF THE 11
210	210	ELECTION SERVICE PRO VIDER’S ELECTION SYSTEM OC CURRED OUTSIDE THE 12
211	211	UNITED STATES; OR 13
212	212
213	213	(2) ANY MATERIAL CHANGE TO A COMPONENT IN AN Y STAGE IN THE 14
214	214	MANUFACTURING OF THE ELECTION SERVICE PRO VIDER’S ELECTION SYSTEM 15
215	215	OCCURRED OUTSIDE T HE UNITED STATES AT ANY TIME FO R THE DURATION OF TH E 16
216	216	CONTRACT. 17
217	217
218	218	(C) THE REPORT REQUIRED U NDER SUBSECTION (B) OF THIS SECTION 18
219	219	SHALL INCLUDE : 19
220	220
221	221	(1) THE SPECIFIC COMPONE NTS OF THE ELECTION SYSTEM THAT 20
222	222	WERE MANUFACTURED OU TSIDE THE UNITED STATES; 21
223	223
224	224	(2) THE FOREIGN NATION I N WHICH THE COMPONEN TS WERE 22
225	225	MANUFACTURED ; 23
226	226
227	227	(3) A DESCRIPTION OF THE MANUFACTURING WORK P ERFORMED 24
228	228	OUTSIDE THE UNITED STATES; AND 25
229	229
230	230	(4) THE MEASURES TAKEN B Y THE ELECTION SERVI CE PROVIDER TO 26
231	231	ENSURE THAT THE MANU FACTURING PROCESS IS SECURE. 27
232	232
233	233	(D) WITHIN 5 DAYS AFTER RECEIVING A REPORT UNDER SUBSE CTION (B) OF 28
234	234	THIS SECTION, THE STATE ADMINISTRATOR SHALL F ORWARD A COPY OF THE 29
235	235	REPORT TO THE AP PROPRIATE PERSONS . 30
236	236
237	237	(E) ON A DETERMINATION BY THE STATE ADMINISTRATOR THAT A 31 6 SENATE BILL 864
238	238
239	239
240	240	FOREIGN NATIONAL HAS THE ABILITY TO CONTR OL, INFLUENCE, OR DIRECT THE 1
241	241	MANUFACTURING OF AN ELECTION SYSTEM IN A NY MANNER THAT WOULD 2
242	242	COMPROMISE OR INFLUE NCE, OR GIVE THE APPEARAN CE OF COMPROMISING OR 3
243	243	INFLUENCING , THE INDEPENDENCE AND INTEGRITY OF AN ELEC TION, THE STATE 4
244	244	ADMINISTRATOR MAY TER MINATE, IN WHOLE OR IN PART , THE CONTRACT WITH TH E 5
245	245	ELECTION SERVICE PRO VIDER. 6
246	246
247	247	(F) WITHIN 7 DAYS AFTER THE STATE ADMINISTRATOR EXERCIS ES THE 7
248	248	AUTHORITY TO TERMINATE , IN WHOLE OR IN PART , A CONTRACT WITH AN E LECTION 8
249	249	SERVICE PROVIDER UND ER SUBSECTION (E) OF THIS SECTION , THE STATE 9
250	250	ADMINISTRATOR SHALL N OTIFY THE APPROPRIAT E PERSONS IN WRITING OF THE 10
251	251	TERMINATION OF THE C ONTRACT AND THE STATE ADMINISTRATOR’S REASONS FOR 11
252	252	TERMINATING THE CONT RACT. 12
253	253
254	254	5–203. 13
255	255
256	256	(a) (1) This subsection does not apply to a candidate for: 14
257	257
258	258	(i) President or Vice President of the United States; or 15
259	259
260	260	(ii) any federal office who seeks nomination by petition. 16
261	261
262	262	(2) Unless the individual is a registered voter affiliated with the political 17
263	263	party, an individual may not be a candidate for: 18
264	264
265	265	(i) an office of that political party; or 19
266	266
267	267	(ii) except as provided in subsection (b) of this section, nomination 20
268	268	by that political party. 21
269	269
270	270	(b) The requirements for party affiliation specified under subsection (a) of this 22
271	271	section do not apply to a candidate for[: 23
272	272
273	273	(1) a judicial office; or 24
274	274
275	275	(2)] a county board of education. 25
276	276
277	277	5–703. 26
278	278
279	279	(a) Except for a candidate for CIRCUIT COURT JUDGE OR a nonpartisan county 27
280	280	board of education, this section applies to any candidate for public office subject to this title. 28
281	281
282	282	5–703.1. 29
283	283
284	284	(a) Except for a candidate for CIRCUIT COURT JUDGE OR a nonpartisan county 30
285	285	board of education, this section applies to any candidate for public office subject to this title. 31 SENATE BILL 864 7
286	286
287	287
288	288
289	289	5–706. 1
290	290
291	291	(a) This section does not apply to: 2
292	292
293	293	(1) a candidate selected by a political party to fill a vacancy in nomination 3
294	294	under Subtitle 9 or Subtitle 10 of this title; or 4
295	295
296	296	(2) a candidate defeated in a presidential preference primary. 5
297	297
298	298	(b) (1) [Except as provided in subsection (c) of this section, the] THE name of 6
299	299	a candidate who is defeated for the nomination for a public office may not appear on the 7
300	300	ballot at the next succeeding general election as a candidate for any office. 8
301	301
302	302	(2) A candidate who is defeated for the nomination for a public office may 9
303	303	not file a certificate of candidacy as a write–in candidate at the next succeeding general 10
304	304	election as a candidate for any office. 11
305	305
306	306	[(c) The name of a candidate for the office of judge of the circuit court who is 12
307	307	defeated in the primary election in each contest for the office of circuit court judge in which 13
308	308	the candidate appears on the ballot may not appear on the ballot at the succeeding general 14
309	309	election as a candidate for any office.] 15
310	310
311	311	8–503. 16
312	312
313	313	[(a) Each political party shall nominate or provide for the nomination of 17
314	314	candidates for presidential elector of the party in accordance with party rules. 18
315	315
316	316	(b) The number of candidates nominated by each political party shall be the 19
317	317	number that this State is entitled to elect.] 20
318	318
319	319	(A) (1) FOR EACH PRESIDENTIAL ELECTOR, A POLITICAL PARTY 21
320	320	CONTESTING THE POSIT ION, OR AN UNAFFILIATED P RESIDENTIAL CANDIDAT E, 22
321	321	SHALL SUBMIT TO THE STATE BOARD THE NAMES OF TW O QUALIFIED INDIVIDU ALS. 23
322	322
323	323	(2) ONE OF THE INDIVIDUAL S SHALL BE DESIGNATE D 24
324	324	“PRESIDENTIAL ELECTOR NOMINEE” AND THE OTHER “ALTERNATE PRESIDENTI AL 25
325	325	ELECTOR NOMINEE ”. 26
326	326
327	327	[(c)] (B) (1) The names and residential addresses of [individuals nominated 27
328	328	as candidates for presidential elector] THE PRESIDENTIAL ELE CTORS SUBMITTED TO 28
329	329	THE STATE BOARD IN ACCORDANCE W ITH SUBSECTION (A) OF THIS SECTION by a 29
330	330	political party shall be certified to the State Board by the presiding officers of the political 30
331	331	party. 31
332	332
333	333	(2) The names and residential addresses of [individuals nominated as 32 8 SENATE BILL 864
334	334
335	335
336	336	candidates for presidential elector] THE PRESIDENTIAL ELE CTORS SUBM ITTED TO THE 1
337	337	STATE BOARD IN ACCORDANCE W ITH SUBSECTION (A) OF THIS SECTION by a 2
338	338	candidate for President of the United States who is nominated by petition shall be certified 3
339	339	to the State Board by the candidate. 4
340	340
341	341	(3) The PRESIDENTIAL electors shall be certified to the State Board at 5
342	342	least 30 days before the general election. 6
343	343
344	344	8–504. 7
345	345
346	346	(A) EACH PRESIDENTIAL ELE CTOR NOMINEE AND ALT ERNATE 8
347	347	PRESIDENTIAL ELECTOR NOMINEE OF A POLITIC AL PARTY SHALL EXECU TE THE 9
348	348	FOLLOWING PLEDGE : “IF SELECTED FOR THE P OSITION OF PRESIDENTIAL 10
349	349	ELECTOR, I AGREE TO SERVE AND T O MARK MY BALLOTS FO R PRESIDENT AND VICE 11
350	350	PRESIDENT FOR THE NOM INEES FOR THOSE OFFI CES OF THE PARTY THA T 12
351	351	NOMINATED ME .”. 13
352	352
353	353	(B) EACH PRESIDENTIAL ELE CTOR NOMINEE AND ALT ERNATE 14
354	354	PRESIDENTIAL ELECTOR NOMINEE OF AN UNA FFILIATED PRESIDENTI AL 15
355	355	CANDIDATE SHALL EXEC UTE THE FOLLOWING PL EDGE: “IF SELECTED FOR THE 16
356	356	POSITION OF PRESIDEN TIAL ELECTOR AS A NO MINEE OF AN UNAFFILI ATED 17
357	357	PRESIDENTIAL CANDIDA TE, I AGREE TO SERVE AND T O MARK MY BALLOTS FO R THAT 18
358	358	CANDIDATE AND FOR TH AT CANDIDATE’S VICE–PRESIDENTIAL RUNNING MATE.”. 19
359	359
360	360	(C) THE EXECUTED PLEDGES SHALL ACCOMPANY THE SUBMISSION OF THE 20
361	361	CORRESPONDING PRESID ENTIAL ELECTOR NAMES TO THE STATE BOARD. 21
362	362
363	363	[8–504.] 8–505. 22
364	364
365	365	(a) (1) At the general election for President and Vice President of the United 23
366	366	States there shall be elected, in accordance with subsection (b) of this section, the number 24
367	367	of presidential electors to which this State is entitled. 25
368	368
369	369	(2) Presidential electors shall be elected at large by the voters of the entire 26
370	370	State. 27
371	371
372	372	(b) (1) The names of the candidates for the office of presidential elector may 28
373	373	not be printed on the ballot. 29
374	374
375	375	(2) A vote for the candidates for President and Vice President of a political 30
376	376	party shall be considered to be and counted as a vote for each of the presidential electors of 31
377	377	the political party [nominated] SUBMITTED in accordance with § 8–503 of this subtitle. 32
378	378
379	379	(3) A VOTE FOR AN UNAFFILI ATED PRESIDENT AND VICE PRESIDENT 33
380	380	SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH OF T HE 34 SENATE BILL 864 9
381	381
382	382
383	383	PRESIDENTIAL ELEC TORS SUBMITTED BY TH E UNAFFILIATED PRESI DENTIAL 1
384	384	CANDIDATE TO THE STATE BOARD IN ACCORDANCE W ITH § 8–503 OF THIS 2
385	385	SUBTITLE. 3
386	386
387	387	8–506. 4
388	388
389	389	IN SUBMITTING THIS STATE’S CERTIFICATE OF ASC ERTAINMENT AS 5
390	390	REQUIRED BY 3 U.S.C. § 5, THE GOVERNOR SHALL CERTIF Y THE STATE’S 6
391	391	PRESIDENTIAL ELECTOR S AND STATE IN THE C ERTIFICATE THAT : 7
392	392
393	393	(1) THE PRESIDENTIAL ELE CTORS WILL SERVE AS PRESIDENTIAL 8
394	394	ELECTORS UNLESS A VA CANCY OCCURS IN THE OFFICE OF ELECTOR BE FORE THE 9
395	395	END OF THE MEETING A T WHICH PRESIDENTIAL ELECTOR VOTES ARE CA ST, IN 10
396	396	WHICH CASE A SUBSTITU TE PRESIDENTIAL ELEC TOR WILL FILL THE VA CANCY; AND 11
397	397
398	398	(2) IF A SUBSTITUTE PRES IDENTIAL ELECTOR IS APPOINTED TO FILL 12
399	399	A VACANCY , THE GOVERNOR WILL SUBMIT AN AMENDED CERTIFICA TE OF 13
400	400	ASCERTAINMENT STATIN G THE NAMES ON THE F INAL LIST OF THE PRESIDENTIAL 14
401	401	ELECTORS. 15
402	402
403	403	8–507. 16
404	404
405	405	(A) THE STATE ADMINISTRATOR SHALL P RESIDE AT THE MEETIN G OF 17
406	406	PRESIDENTIAL ELECTOR S DESCRIBED IN § 8–508 OF THIS SUBTITLE. 18
407	407
408	408	(B) THE POSITION OF A PRE SIDENTIAL ELECTOR NO T PRESENT TO VOTE IS 19
409	409	VACANT. 20
410	410
411	411	(C) THE STATE ADMINISTRATOR SHALL A PPOINT AN INDIVIDUAL AS A 21
412	412	SUBSTITUTE PRESIDENT IAL ELECTOR TO FILL A VACANCY AS FOLLOWS : 22
413	413
414	414	(1) IF THE ALTERNATE PRE SIDENTIAL ELECTOR IS PRESENT TO 23
415	415	VOTE, BY APPOINTING THE AL TERNATE PRESIDENTIAL ELECTOR FOR THE VACA NT 24
416	416	POSITION; 25
417	417
418	418	(2) IF THE ALTERNATE PRES IDENTIAL ELECTOR FOR THE VACANT 26
419	419	POSITION IS NOT PRES ENT TO VOTE, BY APPOINTING A PRES IDENTIAL ELECTOR 27
420	420	CHOSEN BY LOT FROM A MONG THE ALTERNATE P RESIDENTIAL ELECTORS PRESENT 28
421	421	TO VOTE WHO WERE NOM INATED BY THE SAME P OLITICAL PARTY OR TH E 29
422	422	UNAFFILIATED PRESIDENTI AL CANDIDATE; 30
423	423
424	424	(3) IF THE NUMBER OF ALT ERNATE PRESIDENTIAL ELECTORS 31
425	425	PRESENT TO VOTE IS I NSUFFICIENT TO FILL ANY VACANT POSITION IN ACCORDANCE 32 10 SENATE BILL 864
426	426
427	427
428	428	WITH ITEM (1) OR (2) OF THIS SUBSECTION , BY APPOINTING ANY IM MEDIATELY 1
429	429	AVAILABLE INDIVIDUAL WHO IS QUALIFIED TO SERVE AS A PRESIDENT IAL ELECTOR 2
430	430	AND CHOSEN THROUGH N OMINATION BY AND PLU RALITY VOTE OF THE R EMAINING 3
431	431	PRESIDENTIAL ELECTOR S, INCLUDING NOMINATION AND VOTE BY A SINGLE 4
432	432	PRESIDENTIAL ELECTOR IF ONLY ONE REMAINS ; 5
433	433
434	434	(4) IF THERE IS A TIE BE TWEEN AT LEAST TWO N OMINEES FOR 6
435	435	SUBSTITUTE PRESIDENT IAL ELECTOR IN A VOT E CONDUCTED UNDER IT EM (3) OF 7
436	436	THIS SUBSECTION , BY APPOINTING A PRES IDENTIAL ELECTOR CHO SEN BY LOT 8
437	437	FROM AMONG THOSE NOM INEES; OR 9
438	438
439	439	(5) IF ALL PRESIDENTIAL ELECTOR POSITIONS AR E VACANT AND 10
440	440	CANNOT BE FILLED IN ACCORDANCE WITH ITEM (1), (2), (3), OR (4) OF THIS 11
441	441	SUBSECTION, BY APPOINTING A SING LE PRESIDENTIAL ELEC TOR, WITH REMAINING 12
442	442	VACANT POSITIONS TO BE FILLED IN ACCORDA NCE WITH ITEM (3) OR (4) OF THIS 13
443	443	SUBSECTION. 14
444	444
445	445	(D) TO QUALIFY AS A S UBSTITUTE PRESIDENTI AL ELECTOR UNDER 15
446	446	SUBSECTION (C) OF THIS SECTION , AN INDIVIDUAL WHO HA S NOT EXECUTED THE 16
447	447	PLEDGE REQUIRED UNDE R § 8–504 OF THIS SUBTITLE SHA LL EXECUTE THE 17
448	448	FOLLOWING PLEDGE : “I AGREE TO SERVE AND T O MARK MY BALLOTS FO R 18
449	449	PRESIDENT AND VICE PRESIDENT CONSISTENT WITH THE PLEDGE OF T HE 19
450	450	INDIVIDUAL TO WHOSE PRESIDENTIAL ELECTOR POSITION I HAVE SUCCEEDED .”. 20
451	451
452	452	8–509. 21
453	453
454	454	(A) AFTER THE VOTE OF THI S STATE’S PRESIDENTIAL ELECT ORS IS 22
455	455	COMPLETED , IF THE FINAL LIST OF PRESIDENTIAL ELECTOR S DIFFERS FROM ANY 23
456	456	LIST THAT THE GOVERNOR PREVIOUSLY I NCLUDED ON A CERTIFI CATE OF 24
457	457	ASCERTAINMENT PREPAR ED AND TRANSMITTED U NDER 3 U.S.C. § 5, THE STATE 25
458	458	ADMINISTRATOR IMMEDIA TELY SHALL PREPARE A N AMENDED CERTIFICAT E OF 26
459	459	ASCERTAINMENT AND TR ANSMIT IT TO THE GOVERNOR FOR THE GOVERNOR’S 27
460	460	SIGNATURE. 28
461	461
462	462	(B) THE GOVERNOR IMMEDIATELY SHALL DELIVER THE SI GNED AMENDED 29
463	463	CERTIFICATE OF ASCER TAINMENT TO THE STATE ADMINISTRATOR AND A S IGNED 30
464	464	DUPLICATE ORIGINAL O F THE AMENDED CERTIF ICATE OF ASCERTAINME NT TO ALL 31
465	465	INDIVIDUALS ENTITLED TO RECEIVE THIS STATE’S CERTIFICATE OF 32
466	466	ASCERTAINMENT , INDICATING THAT THE AMENDED CERTIFICATE OF 33
467	467	ASCERTAINMENT IS TO BE SUBSTITUTED FOR T HE CERTIFICATE OF 34
468	468	ASCERTAINMENT PREVIO USLY SUBMITTED . 35
469	469
470	470	(C) (1) THE STATE ADMINISTRATOR SHALL P REPARE A CERTIFICATE OF 36 SENATE BILL 864 11
471	471
472	472
473	473	THE VOTE. 1
474	474
475	475	(2) THE PRESIDENTIAL ELEC TORS ON THE FINAL LI ST SHALL SIGN 2
476	476	THE CERTIFICATE . 3
477	477
478	478	(3) THE STATE ADMINISTRATOR SHALL P ROCESS AND TRANSMIT THE 4
479	479	SIGNED CERTIFICATE W ITH THE AMENDED CERT IFICATE OF ASCERTAIN MENT 5
480	480	UNDER 3 U.S.C. §§ 9 THROUGH 11. 6
481	481
482	482	SUBTITLE 9. ELECTION OF CIRCUIT COURT JUDGES. 7
483	483
484	484	8–901. 8
485	485
486	486	EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE PROVISIONS OF 9
487	487	THIS ARTICLE RELATIN G TO THE NOMINATION AND ELECTION OF CAND IDATES TO 10
488	488	PUBLIC OFFICE SHALL GOVERN THE NOMINATIO N AND ELECTION OF JU DGES OF 11
489	489	THE CIRCUIT COUR TS. 12
490	490
491	491	8–902. 13
492	492
493	493	(A) (1) JUDGES OF THE CIRCUIT COURTS SHALL BE ELEC TED ON A 14
494	494	NONPARTISAN BASIS . 15
495	495
496	496	(2) IN A PRIMARY ELECTION TO NOMINATE CIRCUIT COURT JUDGE 16
497	497	CANDIDATES, ANY REGISTERED VOTER OF THE COUNTY , REGARDLESS OF PARTY 17
498	498	AFFILIATION OR LACK OF PARTY AFFILIATION, IS ELIGIBLE TO VOTE IN THOSE 18
499	499	CONTESTS FOR NOMINAT ION. 19
500	500
501	501	(B) CANDIDATES FOR ELECTI ON TO THE CIRCUIT CO URT SHALL, WITHOUT 20
502	502	PARTY DESIGNATION OR REGARD TO PARTY AFFI LIATION: 21
503	503
504	504	(1) FILE CERTIFICATES OF CANDIDACY; 22
505	505
506	506	(2) BE CERTIFIED TO THE BALLOT; 23
507	507
508	508	(3) APPEAR ON THE BALLOT ; 24
509	509
510	510	(4) BE VOTED ON; AND 25
511	511
512	512	(5) BE NOMINATED AND ELE CTED. 26
513	513
514	514	8–903. 27
515	515
516	516	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 28 12 SENATE BILL 864
517	517
518	518
519	519	IN EACH YEAR THAT ON E OR MORE JUDGES ARE TO BE ELECTED TO THE CIRCUIT 1
520	520	COURT FOR A COUNTY , CANDIDATES SHALL BE NOMIN ATED AT THE PRIMARY 2
521	521	ELECTION. 3
522	522
523	523	(2) IF, AFTER THE DEADLINE F OR WITHDRAWAL AS PRO VIDED IN § 4
524	524	5–502 OF THIS ARTICLE , THE NUMBER OF CANDID ATES HAVING FILED 5
525	525	CERTIFICATES OF CAND IDACY IN ANY CONTEST DOES NOT EXCEED THE NUMBER OF 6
526	526	OFFICES TO BE FILLED, A CERTIFICATE OF NOM INATION SHALL BE ISS UED TO EACH 7
527	527	CANDIDATE. 8
528	528
529	529	(B) (1) IF A CANDIDATE DIES O R BECOMES DISQUALIFI ED BEFORE THE 9
530	530	BALLOTS ARE PRINTED OR AT A TIME WHEN TH E BALLOTS CAN BE REP RINTED, THE 10
531	531	NAME OF THE CANDIDAT E MAY NOT APPEAR ON THE BALLOT. 11
532	532
533	533	(2) IF A CANDIDATE DIES O R BECOMES DISQUALIFI ED AFTER THE 12
534	534	BALLOTS ARE PRINTED AND IT IS TOO LATE F OR THE BALLOTS TO BE REPRINTED, 13
535	535	ANY VOTES CAST FOR T HAT CANDIDATE MAY NO T BE COUNTED. 14
536	536
537	537	(C) (1) THE CANDIDATES , EQUAL IN NUMBER TO TWICE THE NUMBER OF 15
538	538	OFFICES TO BE FILLED , WHO RECEIVE THE LARG EST NUMBER OF TOTAL VOTES CAST 16
539	539	IN THE PRIMARY ELECT ION SHALL BE THE NOM INATED CANDIDATES . 17
540	540
541	541	(2) IF TWO OR MORE CANDID ATES EACH RECEIVE TH E LOWEST 18
542	542	NUMBER OF TOTAL VOTE S CAST NECESSARY TO QUALIFY FOR NOMINATI ON, 19
543	543	CREATING A TIE FOR T HE LAST NOMINATION F OR THE OFFICE TO BE FILLED, EACH 20
544	544	SHALL BE A NOMINATED CANDIDATE. 21
545	545
546	546	8–904. 22
547	547
548	548	(A) AFTER THE PRIMARY ELE CTION BUT BEFORE THE GENERAL ELECTION , 23
549	549	IF A NOMINEE DIES , DECLINES THE NOMINAT ION, OR BECOMES DISQUALIF IED 24
550	550	BEFORE THE BALLOTS ARE PRIN TED OR AT A TIME WHE N THE BALLOTS CAN BE 25
551	551	REPRINTED, THE NAME OF THE NOMI NEE MAY NOT APPEAR O N THE BALLOT. 26
552	552
553	553	(B) IF A NOMINEE DIES , DECLINES THE NOMINAT ION, OR IS DISQUALIFIED 27
554	554	AFTER THE BALLOTS AR E PRINTED AND IT IS TOO LATE FOR THE BAL LOTS TO BE 28
555	555	REPRINTED, AND IF THAT NOMINEE RECEIVES SUFFICIENT VOTES TO HAVE BEEN 29
556	556	ELECTED, THE OFFICE SHALL BE DEEMED VACANT AND SH ALL BE FILLED AS IF THE 30
557	557	VACANCY HAD OCCURRED DURING THE TERM OF O FFICE. 31
558	558
559	559	8–905. 32
560	560
561	561	(A) IN A GENERAL ELECTION FOR JUDGE OF THE CI RCUIT COURT FOR A 33 SENATE BILL 864 13
562	562
563	563
564	564	COUNTY, A VOTER MAY VOTE FOR A NUMBER OF NOMINEES EQUAL TO THE NUMBER 1
565	565	OF JUDGES TO BE ELEC TED IN THAT COUNTY ’S ELECTION. 2
566	566
567	567	(B) (1) THE NOMINEES , EQUAL IN NUMBER TO T HE NUMBER OF OFFICES 3
568	568	TO BE FILLED, WHO RECEIVE THE LARG EST NUMBER OF VOTE S IN THE GENERAL 4
569	569	ELECTION SHALL BE DE CLARED ELECTED . 5
570	570
571	571	(2) (I) IF TWO OR MORE NOMINE ES EACH RECEIVE THE LOWEST 6
572	572	NUMBER OF VOTES NECE SSARY TO QUALIFY FOR ELECTION, CREATING A TIE FOR 7
573	573	THE LAST OFFICE TO B E FILLED, THE OFFICE SHALL BE CONSIDERED VACANT . 8
574	574
575	575	(II) A VACANCY OCCURRING UN DER SUBPARAGRAPH (I) OF THIS 9
576	576	PARAGRAPH SHALL BE F ILLED: 10
577	577
578	578	1. AS IF THE VACANCY OC CURRED DURING THE TE RM OF 11
579	579	OFFICE FOR WHICH THE ELECTION IS BEING HE LD; AND 12
580	580
581	581	2. BY THE SELECTION OF ONE OF THE NOMINEES WHO 13
582	582	TIES IN THE GENERA L ELECTION. 14
583	583
584	584	9–210. 15
585	585
586	586	(a) The offices to be voted on shall be arranged on the ballot in the following order, 16
587	587	as applicable: 17
588	588
589	589	(6) [judicial offices, in the following order: 18
590	590
591	591	(i) judge of the circuit court; and 19
592	592
593	593	(ii)] appellate judges, continuance in office, in the following order: 20
594	594
595	595	[1.] (I) Supreme Court of Maryland; and 21
596	596
597	597	[2.] (II) Appellate Court of Maryland; 22
598	598
599	599	(9) offices filled by nonpartisan election. 23
600	600
601	601	(g) (1) Except for contests for [judicial office or] an office to be filled by 24
602	602	nonpartisan election, the party affiliation of a candidate who is a nominee of a political 25
603	603	party shall be indicated on the ballot. 26
604	604
605	605	(2) (i) A candidate who is not a nominee of a political party or affiliated 27
606	606	with a partisan organization shall be designated as an “unaffiliated”. 28
607	607
608	608	(ii) A candidate who is affiliated with a partisan organization shall 29 14 SENATE BILL 864
609	609
610	610
611	611	be designated under “other candidates”. 1
612	612
613	613	(3) The names of candidates for judge of the circuit court or for a county 2
614	614	board of education, and the names of incumbent appellate judges, shall be placed on the 3
615	615	ballot without a party label or other distinguishing mark or location which might indicate 4
616	616	party affiliation. 5
617	617
618	618	9–216.1. 6
619	619
620	620	(A) (1) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A STRAY MARK, 7
621	621	BLEMISH, OR WRITING MAY NOT B E THE SOLE BASIS FOR INVALIDATING A BALLO T 8
622	622	IF THE EXPRESS INTEN T OF THE VOTER IS CL EAR. 9
623	623
624	624	(2) A STRAY MARK OR BLEMISH INCLUDE S A TEAR, A FOLD, A FOOD 10
625	625	SPILL, OR AN ERRANT PUNCTUATION M ARK. 11
626	626
627	627	(B) A LOCAL BOARD MAY REJE CT A BALLOT IF THE BOAR D DETERMINES 12
628	628	THAT A BALLOT IS INT ENTIONALLY MARKED WI TH AN IDENTIFYING MARK THAT IS 13
629	629	CLEARLY EVIDENT AND PLACED ON THE BALLOT FOR THE PURPOSE OF I DENTIFYING 14
630	630	THE BALLOT, IN ACCORDANCE WITH §§ 11–302 AND 11–303 OF THIS ARTICLE. 15
631	631
632	632	9–306. 16
633	633
634	634	(a) Promptly after receipt of an application, the election director shall review the 17
635	635	application and determine whether the applicant qualifies to vote by absentee ballot. 18
636	636
637	637	(b) (1) If the applicant qualifies to vote by absentee ballot, the local board shall 19
638	638	provide the ballot by one of the following methods requested by the voter: 20
639	639
640	640	[(1)] (I) mail; 21
641	641
642	642	[(2) facsimile transmission;] 22
643	643
644	644	[(3)] (II) the Internet, ONLY IF REQUESTED BY A VOTER LISTED IN 23
645	645	PARAGRAPH (2) OF THIS SUBSECTION ; or 24
646	646
647	647	[(4)] (III) by hand during an in–person transaction. 25
648	648
649	649	(2) THE LOCAL BOARD SHALL PROVIDE AN ABSENTEE BALLOT SENT 26
650	650	BY THE INTERNET IF REQUESTED BY: 27
651	651
652	652	(I) AN ABSENT UNIFORMED SERVICES VOTER OR OV ERSEAS 28
653	653	VOTER AS DEFINED IN THE FEDERAL UNIFORMED AND OVERSEAS CITIZENS 29
654	654	ABSENTEE VOTING ACT; 30
655	655	SENATE BILL 864 15
656	656
657	657
658	658	(II) A VOTER WITH A DISAB ILITY AS DEFINED IN THE 1
659	659	AMERICANS WITH DISABILITIES ACT WHO IS UNABLE TO MARK A BALLOT 2
660	660	INDEPENDENTLY BY HAN D; 3
661	661
662	662	(III) A VOTER WHO IS HAVIN G A MEDICAL EMERGENC Y OR IS 4
663	663	HOSPITALIZED; 5
664	664
665	665	(IV) A VOTER WHO HAS AN U NFORESEEN AND SHORT –NOTICE 6
666	666	TRAVEL COMMITMENT ; AND 7
667	667
668	668	(V) ANY OTHER VOTER WHO WOULD BE UNABLE TO V OTE IF THE 8
669	669	VOTER COULD NOT RECE IVE AN ABSENTEE BALL OT ELECTRONICALLY . 9
670	670
671	671	9–306.1. 10
672	672
673	673	IF A CONTRACTOR IS RE SPONSIBLE FOR DISTRI BUTING ABSENTEE BALL OTS 11
674	674	TO VOTERS BY MAIL, THE CONTRACTOR SHALL MAIL REQUESTED BALLOTS: 12
675	675
676	676	(1) IN A TIMELY MANNER ; BUT 13
677	677
678	678	(2) NOT LATER THAN 47 DAYS BEFORE THE APPL ICABLE ELECTION 14
679	679	DAY. 15
680	680
681	681	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
682	682	as follows: 17
683	683
684	684	Article – Election Law 18
685	685
686	686	[8–505.] 8–508. 19
687	687
688	688	(a) (1) The individuals elected to the office of presidential elector shall meet in 20
689	689	the State House in the City of Annapolis on the day provided by the Constitution and laws 21
690	690	of the United States. 22
691	691
692	692	(2) The conduct of the meeting shall be consistent with the requirements 23
693	693	of federal law. 24
694	694
695	695	(b) (1) Before proceeding to perform the duties of their office, the presidential 25
696	696	electors who are present shall fill any vacancy in the office of elector IN ACCORDANCE 26
697	697	WITH § 8–507 OF THIS SUBTITLE , whether the vacancy is caused by absence or other 27
698	698	reason. 28
699	699
700	700	(2) An individual appointed to fill a vacancy is entitled to all rights and 29
701	701	privileges of the duly elected electors. 30
702	702	16 SENATE BILL 864
703	703
704	704
705	705	(c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland 1
706	706	Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence, 2
707	707	before one of the Clerk’s deputies, the presidential electors shall cast their votes for the 3
708	708	candidates for President and Vice President who received a plurality of the votes cast in 4
709	709	the State of Maryland. 5
710	710
711	711	(2) THE STATE ADMINISTRATOR SHALL P ROVIDE EACH 6
712	712	PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND A VICE–PRESIDENTIAL 7
713	713	BALLOT. 8
714	714
715	715	(3) EACH PRESIDENTIAL ELE CTOR SHALL MARK THE PRESIDENTIAL 9
716	716	ELECTOR’S PRESIDENTIAL AND VICE–PRESIDENTIAL BALLOTS WITH THE 10
717	717	PRESIDENTIAL ELECTOR ’S SIGNATURE AND THE PRESIDENTIAL ELECTOR ’S 11
718	718	LEGIBLY PRINTED NAME . 12
719	719
720	720	(D) (1) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT B OTH 13
721	721	COMPLETED BALLOTS TO THE STATE ADMINISTRATOR . 14
722	722
723	723	(2) THE STATE ADMINISTRATOR SHALL EXAMINE THE BA LLOTS 15
724	724	PRESENTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND ACCEPT AS CAST AL L 16
725	725	BALLOTS OF PRESIDENT IAL ELECTORS WHOSE V OTES ARE CONSISTENT WITH THEIR 17
726	726	PLEDGES EXECUTED UND ER § 8–504 OR § 8–507(D) OF THIS SUBTITLE. 18
727	727
728	728	(3) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A 19
729	729	PRESIDENTIAL ELECTOR ’S PRESIDENTIAL OR VI CE–PRESIDENTIAL BALLOT IF THE 20
730	730	PRESIDENTIAL ELECTOR HAS NOT MARKED BOTH BALLOTS OR HAS MARKE D A 21
731	731	BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE. 22
732	732
733	733	(E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESENT A BALLOT, 23
734	734	PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION 24
735	735	OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UN DER § 8–504 OR § 8–507(D) 25
736	736	OF THIS SUBTITLE VAC ATES THE OFFICE OF E LECTOR, CREATING A VACANT 26
737	737	POSITION TO BE F ILLED UNDER § 8–507 OF THIS SUBTITLE. 27
738	738
739	739	(F) THE STATE ADMINISTRATOR SHALL D ISTRIBUTE BALLOTS AN D 28
740	740	COLLECT BALLOTS FROM A SUBSTITUTE PRESIDE NTIAL ELECTOR AND RE PEAT THE 29
741	741	PROCESS UNDER THIS S ECTION, DECLARING AND FILLIN G VACANT POSITIONS A S 30
742	742	REQUIRED, AND RECOR DING APPROPRIATELY C OMPLETED BALLOTS FRO M THE 31
743	743	SUBSTITUTED PRESIDEN TIAL ELECTORS , UNTIL ALL OF THIS STATE’S ELECTORAL 32
744	744	VOTES HAVE BEEN CAST AND RECORDED . 33
745	745
746	746	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 34
747	747	as follows: 35
748	748	SENATE BILL 864 17
749	749
750	750
751	751	Article – Election Law 1
752	752
753	753	[8–505.] 8–508. 2
754	754
755	755	(a) (1) The individuals elected to the office of presidential elector shall meet in 3
756	756	the State House in the City of Annapolis on the day provided by the Constitution and laws 4
757	757	of the United States. 5
758	758
759	759	(2) The conduct of the meeting shall be consistent with the requirements 6
760	760	of federal law. 7
761	761
762	762	(b) (1) Before proceeding to perform the duties of their office, the presidential 8
763	763	electors who are present shall fill any vacancy in the office of elector IN ACCORDANCE 9
764	764	WITH § 8–507 OF THIS SUBTITLE , whether the vacancy is caused by absence or other 10
765	765	reason. 11
766	766
767	767	(2) An individual appointed to fill a vacancy is entitled to all rights and 12
768	768	privileges of the duly elected electors. 13
769	769
770	770	(c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland 14
771	771	Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence, 15
772	772	before one of the Clerk’s deputies, the presidential electors shall cast their votes for the 16
773	773	candidates for President and Vice President who received a plurality of the votes cast in 17
774	774	the national popular vote total defined in § 8–5A–01 of this title. 18
775	775
776	776	(2) THE STATE ADMINISTRATOR SHALL P ROVIDE EACH 19
777	777	PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND VICE–PRESIDENTIAL BALLOT . 20
778	778
779	779	(3) EACH PRESIDENTIAL ELE CTOR SHALL MARK THE PRESIDENTIAL 21
780	780	ELECTOR’S PRESIDENTIAL AND V ICE–PRESIDENTIAL BALLOTS WITH THE 22
781	781	PRESIDENTIAL ELECTOR ’S SIGNATURE AND THE PRESIDENTIAL ELECTOR ’S 23
782	782	LEGIBLY PRINTED NAME . 24
783	783
784	784	(D) (1) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT B OTH 25
785	785	COMPLETED BALLOTS TO THE STATE ADMINISTRATOR. 26
786	786
787	787	(2) THE STATE ADMINISTRATOR SHALL EXAMINE THE BA LLOTS 27
788	788	PRESENTED UNDER PARA GRAPH (1) OF THIS SUBSECTION AND ACCEPT AS CAST A LL 28
789	789	BALLOTS OF PRESIDENT IAL ELECTORS WHOSE V OTES ARE CONSISTENT WITH THEIR 29
790	790	PLEDGES EXECUTED FOR THE CANDIDATES FOR PRESIDENT AND VICE PRESIDENT 30
791	791	WHO ARE THE NATIONAL POPULAR VOTE WINNERS AS DEFINED IN § 8–5A–01 OF 31
792	792	THIS TITLE. 32
793	793
794	794	(3) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A 33
795	795	PRESIDENTIAL ELECTOR ’S PRESIDENTIAL OR VI CE–PRESIDENTIAL BALLOT IF THE 34 18 SENATE BILL 864
796	796
797	797
798	798	PRESIDENTIAL ELECTOR HAS NOT M ARKED BOTH BALLOTS O R HAS MARKED A 1
799	799	BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE. 2
800	800
801	801	(E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESE NT A BALLOT , 3
802	802	PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION 4
803	803	OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UNDER § 8–504 OR § 8–507(D) 5
804	804	OF THIS SUBTITLE VAC ATES THE OFFICE OF E LECTOR, CREATING A VACANT 6
805	805	POSITION TO BE FILLE D UNDER § 8–507 OF THIS SUBTITLE. 7
806	806
807	807	(F) THE STATE ADMINISTRATOR SHALL D ISTRIBUTE BALLOTS AN D 8
808	808	COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE 9
809	809	PROCESS UNDER THIS S ECTION, DECLARING AND FILLIN G VACANT POSITIONS A S 10
810	810	REQUIRED, AND RECORDING APPROP RIATELY COMPLETED BA LLOTS FROM THE 11
811	811	SUBSTITUTED PRESIDEN TIAL ELECTORS , UNTIL ALL OF THIS STATE’S ELECTORAL 12
812	812	VOTES HAVE BEE N CAST AND RECORDED . 13
813	813
814	814	SECTION 4. AND BE IT FURTHER ENACTED, That , on or before January 31, 14
815	815	2024, the State Board of Elections shall: 15
816	816
817	817	(1) develop and implement strategies to inform voters about: 16
818	818
819	819	(i) casting absentee ballots by mail and how voting by mail is the 17
820	820	most efficient absentee voting method; and 18
821	821
822	822	(ii) the rare circumstances under which Internet absentee ballots 19
823	823	may be requested; and 20
824	824
825	825	(2) report on the strategies developed and implemented under item (1) of 21
826	826	this section to the Senate Education, Energy, and the Environment Committee and the 22
827	827	House Ways and Means Committee, in accordance with § 2–1257 of the State Government 23
828	828	Article. 24
829	829
830	830	SECTION 5. AND BE IT FURTHER ENACTED, That, within 90 days after each 25
831	831	primary election day and general election day in 2024 and 2026, the State Board of 26
832	832	Elections shall submit a report to the Senate Education, Energy, and the Environment 27
833	833	Committee and the House Ways and Means Committee, in accordance with § 2–1257 of the 28
834	834	State Government Article, that analyzes data from the electronic pollbooks on the reasons 29
835	835	voters cast provisional ballots. 30
836	836
837	837	SECTION 6. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 31
838	838	effect on the taking effect of Section 1 of Chapters 43 and 44 of the Acts of the General 32
839	839	Assembly of 2007. 33
840	840
841	841	SECTION 7. AND BE IT FURTHER ENACTED, That, subject to the provisions of 34
842	842	Section 6 of this Act, this Act shall take effect October 1, 2023. Section 2 of this Act shall 35
843	843	remain effective until the taking effect of Section 1 of Chapters 43 and 44 of the Acts of the 36 SENATE BILL 864 19
844	844
845	845
846	846	General Assembly of 2007. If the contingency stated in Section 1 of Chapters 43 and 44 of 1
847	847	the Acts of the General Assembly of 2007 takes effect, Section 2 of this Act shall be 2
848	848	abrogated and of no further force and effect. 3
849	849
850	850