EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0864*
SENATE BILL 864
G1 3lr2431
By: Senator Kagan
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Reform Act of 2023 2
FOR the purpose of prohibiting a person from knowingly and willfully making a threat to 3
take the life of, kidnap, or cause physical injury to a county election director; 4
establishing requirements and prohibitions related to a contract with an election 5
service provider; authorizing the State Administrator of Elections to terminate, in 6
whole or in part, a contract with an election service provider under certain 7
circumstances; requiring judges of the circuit courts to be elected on a nonpartisan 8
basis; establishing procedures for the nomination and election of circuit court judges 9
on a nonpartisan basis; prohibiting a stray mark, blemish, or writing from being the 10
sole basis for invalidating a ballot under certain circumstances; limiting the 11
individuals to whom a local board of elections may provide an absentee ballot 12
through the Internet; requiring a contractor who is responsible for distributing 13
absentee ballots to voters to mail the ballots in a certain manner but not later than 14
a certain number of days before the election; altering the procedures for the selection, 15
voting, certification, and meetings of presidential electors; providing that 16
presidential electors who take certain actions vacate the office; requiring the State 17
Board of Elections to develop strategies and inform voters about casting absentee 18
ballots by mail and requesting Internet ballots; requiring the State Board to analyze 19
data on the reasons voters cast provisional ballots; and generally relating to the 20
administration of elections. 21
BY repealing and reenacting, with amendments, 22
Article – Criminal Law 23
Section 3–708 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2022 Supplement) 26
BY repealing and reenacting, without amendments, 27
Article – Election Law 28
Section 1–101(a), 9–210(a)(9), and 9–306(a) 29 2 SENATE BILL 864
Annotated Code of Maryland 1
(2022 Replacement Volume and 2022 Supplement) 2
BY adding to 3
Article – Election Law 4
Section 1–101(ii–1) and (tt–1), 2–110, 8–504, 8–506, 8–507, and 8–509; 8–901 5
through 8–905 to be under the new subtitle “Subtitle 9. Election of Circuit 6
Court Judges”; and 9–216.1 and 9–306.1 7
Annotated Code of Maryland 8
(2022 Replacement Volume and 2022 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – Election Law 11
Section 5–203, 5–703(a), 5–703.1(a), 5–706, 8–503 through 8–505, 9–210(a)(6) and 12
(g), and 9–306(b) 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Election Law 17
Section 8–505 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2022 Supplement) 20
(As enacted by Chapters 43 and 44 of the Acts of the General Assembly of 2007) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Criminal Law 24
3–708. 25
(a) (1) In this section the following words have the meanings indicated. 26
(2) “Local official” means an individual serving in a publicly elected office 27
of a local government unit, as defined in § 10–101 of the State Government Article. 28
(3) (i) “State official” has the meaning stated in § 5–101 of the General 29
Provisions Article. 30
(ii) “State official” includes the Governor, Governor –elect, 31
Lieutenant Governor, and Lieutenant Governor–elect. 32
(4) “Threat” includes: 33
(i) an oral threat; or 34
SENATE BILL 864 3
(ii) a threat in any written form, whether or not the writing is signed, 1
or if the writing is signed, whether or not it is signed with a fictitious name or any other 2
mark. 3
(b) A person may not knowingly and willfully make a threat to take the life of, 4
kidnap, or cause physical injury to: 5
(1) a State official[,]; 6
(2) a local official[,]; 7
(3) a deputy State’s Attorney[,]; 8
(4) an assistant State’s Attorney[, or]; 9
(5) an assistant Public Defender; OR 10
(6) A COUNTY ELECTION DI RECTOR APPOINTED UNDER § 2–202 OF 11
THE ELECTION LAW ARTICLE. 12
(c) A person may not knowingly send, deliver, part with, or make for the purpose 13
of sending or delivering a threat prohibited under subsection (b) of this section. 14
(d) A person who violates this section is guilty of a misdemeanor and on conviction 15
is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both. 16
Article – Election Law 17
1–101. 18
(a) In this article the following words have the meanings indicated unless a 19
different meaning is clearly intended from the context. 20
(II–1) “PRESIDENTIAL ELECTOR ” MEANS AN ELECTOR FOR PRESIDENT AN D 21
VICE PRESIDENT OF THE UNITED STATES. 22
(TT–1) “UNAFFILIATED PRESIDEN TIAL CANDIDATE ” MEANS A 23
CANDIDATE FOR PRESIDENT OF THE UNITED STATES WHO QUALIFIES FOR THE 24
GENERAL ELECTION BAL LOT BY MEANS OTHER T HAN NOMINATION BY A POLITICAL 25
PARTY. 26
2–110. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29 4 SENATE BILL 864
(2) “APPROPRIATE PERSONS ” MEANS: 1
(I) THE STATE BOARD; 2
(II) THE GOVERNOR; 3
(III) THE PRESIDENT OF THE SENATE; 4
(IV) THE SPEAKER OF THE HOUSE; 5
(V) THE ATTORNEY GENERAL; AND 6
(VI) THE DEPARTMENT OF INFORMATION TECHNOLOGY . 7
(3) “COMPONENT ” INCLUDES ANY HARDWAR E OR SOFTWARE 8
COMPONENT . 9
(4) “CONTRACT” MEANS AN AGREEMENT I N ANY FORM ENTERED 10
INTO BY A GOVERNMENT AL ENTITY FOR A PROC UREMENT AS DEFINED I N § 11–101 11
OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12
(5) “ELECTION SERVICE PROV IDER” MEANS ANY PERSON 13
PROVIDING, SUPPORTING , OR MAINTAINING AN EL ECTION SYSTEM ON BEH ALF OF 14
THE STATE BOARD OR A LOCAL BOAR D, INCLUDING A CONTRACT OR OR VENDOR . 15
(6) “ELECTION SYSTEM” MEANS ANY INFORMATIO N SYSTEM USED 16
FOR THE MANAGEMENT , SUPPORT, OR ADMINISTRATION OF AN ELECTION , 17
INCLUDING: 18
(I) THE VOTING SYSTEM ; 19
(II) THE ONLINE VOTER REG ISTRATION SYSTEM ; 20
(III) THE VOTER REGISTRATI ON DATABASE; 21
(IV) THE ONLINE BALLOT RE QUEST, DELIVERY, OR MARKING 22
SYSTEMS; 23
(V) THE ELECTRONIC POLLB OOKS; 24
(VI) THE ELECTION MANAGEM ENT SYSTEM; AND 25
(VII) THE SYSTEM FOR TABUL ATING OR REPORTING E LECTION 26
RESULTS. 27 SENATE BILL 864 5
(7) “FOREIGN NATIONAL ” INCLUDES: 1
(I) AN INDIVIDUAL WHO IS A CITIZEN OF A FOREI GN COUNTRY ; 2
AND 3
(II) AN INDIVIDUAL , A PARTNERSHIP , AN ASSOCIATION , A 4
CORPORATION , AN ORGANIZATION , OR ANY OTHER COMBINA TION OF INDIVIDUALS 5
ORGANIZED UNDER THE LAWS OF OR HAVING IT S PRINCIPAL PLACE OF BUSINESS IN 6
A FOREIGN COUNTRY . 7
(B) THE STATE BOARD MAY NOT APPROVE A CONTRACT WITH AN E LECTION 8
SERVICE PROVIDER UNL ESS THE CONTRACT INC LUDES A CLAUSE REQUI RING THE 9
ELECTION SERVICE PRO VIDER TO REPORT TO T HE STATE ADMINISTRATOR IF : 10
(1) ANY STAGE IN THE MAN UFACTURING OF A COMPONENT OF THE 11
ELECTION SERVICE PRO VIDER’S ELECTION SYSTEM OC CURRED OUTSIDE THE 12
UNITED STATES; OR 13
(2) ANY MATERIAL CHANGE TO A COMPONENT IN AN Y STAGE IN THE 14
MANUFACTURING OF THE ELECTION SERVICE PRO VIDER’S ELECTION SYSTEM 15
OCCURRED OUTSIDE T HE UNITED STATES AT ANY TIME FO R THE DURATION OF TH E 16
CONTRACT. 17
(C) THE REPORT REQUIRED U NDER SUBSECTION (B) OF THIS SECTION 18
SHALL INCLUDE : 19
(1) THE SPECIFIC COMPONE NTS OF THE ELECTION SYSTEM THAT 20
WERE MANUFACTURED OU TSIDE THE UNITED STATES; 21
(2) THE FOREIGN NATION I N WHICH THE COMPONEN TS WERE 22
MANUFACTURED ; 23
(3) A DESCRIPTION OF THE MANUFACTURING WORK P ERFORMED 24
OUTSIDE THE UNITED STATES; AND 25
(4) THE MEASURES TAKEN B Y THE ELECTION SERVI CE PROVIDER TO 26
ENSURE THAT THE MANU FACTURING PROCESS IS SECURE. 27
(D) WITHIN 5 DAYS AFTER RECEIVING A REPORT UNDER SUBSE CTION (B) OF 28
THIS SECTION, THE STATE ADMINISTRATOR SHALL F ORWARD A COPY OF THE 29
REPORT TO THE AP PROPRIATE PERSONS . 30
(E) ON A DETERMINATION BY THE STATE ADMINISTRATOR THAT A 31 6 SENATE BILL 864
FOREIGN NATIONAL HAS THE ABILITY TO CONTR OL, INFLUENCE, OR DIRECT THE 1
MANUFACTURING OF AN ELECTION SYSTEM IN A NY MANNER THAT WOULD 2
COMPROMISE OR INFLUE NCE, OR GIVE THE APPEARAN CE OF COMPROMISING OR 3
INFLUENCING , THE INDEPENDENCE AND INTEGRITY OF AN ELEC TION, THE STATE 4
ADMINISTRATOR MAY TER MINATE, IN WHOLE OR IN PART , THE CONTRACT WITH TH E 5
ELECTION SERVICE PRO VIDER. 6
(F) WITHIN 7 DAYS AFTER THE STATE ADMINISTRATOR EXERCIS ES THE 7
AUTHORITY TO TERMINATE , IN WHOLE OR IN PART , A CONTRACT WITH AN E LECTION 8
SERVICE PROVIDER UND ER SUBSECTION (E) OF THIS SECTION , THE STATE 9
ADMINISTRATOR SHALL N OTIFY THE APPROPRIAT E PERSONS IN WRITING OF THE 10
TERMINATION OF THE C ONTRACT AND THE STATE ADMINISTRATOR’S REASONS FOR 11
TERMINATING THE CONT RACT. 12
5–203. 13
(a) (1) This subsection does not apply to a candidate for: 14
(i) President or Vice President of the United States; or 15
(ii) any federal office who seeks nomination by petition. 16
(2) Unless the individual is a registered voter affiliated with the political 17
party, an individual may not be a candidate for: 18
(i) an office of that political party; or 19
(ii) except as provided in subsection (b) of this section, nomination 20
by that political party. 21
(b) The requirements for party affiliation specified under subsection (a) of this 22
section do not apply to a candidate for[: 23
(1) a judicial office; or 24
(2)] a county board of education. 25
5–703. 26
(a) Except for a candidate for CIRCUIT COURT JUDGE OR a nonpartisan county 27
board of education, this section applies to any candidate for public office subject to this title. 28
5–703.1. 29
(a) Except for a candidate for CIRCUIT COURT JUDGE OR a nonpartisan county 30
board of education, this section applies to any candidate for public office subject to this title. 31 SENATE BILL 864 7
5–706. 1
(a) This section does not apply to: 2
(1) a candidate selected by a political party to fill a vacancy in nomination 3
under Subtitle 9 or Subtitle 10 of this title; or 4
(2) a candidate defeated in a presidential preference primary. 5
(b) (1) [Except as provided in subsection (c) of this section, the] THE name of 6
a candidate who is defeated for the nomination for a public office may not appear on the 7
ballot at the next succeeding general election as a candidate for any office. 8
(2) A candidate who is defeated for the nomination for a public office may 9
not file a certificate of candidacy as a write–in candidate at the next succeeding general 10
election as a candidate for any office. 11
[(c) The name of a candidate for the office of judge of the circuit court who is 12
defeated in the primary election in each contest for the office of circuit court judge in which 13
the candidate appears on the ballot may not appear on the ballot at the succeeding general 14
election as a candidate for any office.] 15
8–503. 16
[(a) Each political party shall nominate or provide for the nomination of 17
candidates for presidential elector of the party in accordance with party rules. 18
(b) The number of candidates nominated by each political party shall be the 19
number that this State is entitled to elect.] 20
(A) (1) FOR EACH PRESIDENTIAL ELECTOR, A POLITICAL PARTY 21
CONTESTING THE POSIT ION, OR AN UNAFFILIATED P RESIDENTIAL CANDIDAT E, 22
SHALL SUBMIT TO THE STATE BOARD THE NAMES OF TW O QUALIFIED INDIVIDU ALS. 23
(2) ONE OF THE INDIVIDUAL S SHALL BE DESIGNATE D 24
“PRESIDENTIAL ELECTOR NOMINEE” AND THE OTHER “ALTERNATE PRESIDENTI AL 25
ELECTOR NOMINEE ”. 26
[(c)] (B) (1) The names and residential addresses of [individuals nominated 27
as candidates for presidential elector] THE PRESIDENTIAL ELE CTORS SUBMITTED TO 28
THE STATE BOARD IN ACCORDANCE W ITH SUBSECTION (A) OF THIS SECTION by a 29
political party shall be certified to the State Board by the presiding officers of the political 30
party. 31
(2) The names and residential addresses of [individuals nominated as 32 8 SENATE BILL 864
candidates for presidential elector] THE PRESIDENTIAL ELE CTORS SUBM ITTED TO THE 1
STATE BOARD IN ACCORDANCE W ITH SUBSECTION (A) OF THIS SECTION by a 2
candidate for President of the United States who is nominated by petition shall be certified 3
to the State Board by the candidate. 4
(3) The PRESIDENTIAL electors shall be certified to the State Board at 5
least 30 days before the general election. 6
8–504. 7
(A) EACH PRESIDENTIAL ELE CTOR NOMINEE AND ALT ERNATE 8
PRESIDENTIAL ELECTOR NOMINEE OF A POLITIC AL PARTY SHALL EXECU TE THE 9
FOLLOWING PLEDGE : “IF SELECTED FOR THE P OSITION OF PRESIDENTIAL 10
ELECTOR, I AGREE TO SERVE AND T O MARK MY BALLOTS FO R PRESIDENT AND VICE 11
PRESIDENT FOR THE NOM INEES FOR THOSE OFFI CES OF THE PARTY THA T 12
NOMINATED ME .”. 13
(B) EACH PRESIDENTIAL ELE CTOR NOMINEE AND ALT ERNATE 14
PRESIDENTIAL ELECTOR NOMINEE OF AN UNA FFILIATED PRESIDENTI AL 15
CANDIDATE SHALL EXEC UTE THE FOLLOWING PL EDGE: “IF SELECTED FOR THE 16
POSITION OF PRESIDEN TIAL ELECTOR AS A NO MINEE OF AN UNAFFILI ATED 17
PRESIDENTIAL CANDIDA TE, I AGREE TO SERVE AND T O MARK MY BALLOTS FO R THAT 18
CANDIDATE AND FOR TH AT CANDIDATE’S VICE–PRESIDENTIAL RUNNING MATE.”. 19
(C) THE EXECUTED PLEDGES SHALL ACCOMPANY THE SUBMISSION OF THE 20
CORRESPONDING PRESID ENTIAL ELECTOR NAMES TO THE STATE BOARD. 21
[8–504.] 8–505. 22
(a) (1) At the general election for President and Vice President of the United 23
States there shall be elected, in accordance with subsection (b) of this section, the number 24
of presidential electors to which this State is entitled. 25
(2) Presidential electors shall be elected at large by the voters of the entire 26
State. 27
(b) (1) The names of the candidates for the office of presidential elector may 28
not be printed on the ballot. 29
(2) A vote for the candidates for President and Vice President of a political 30
party shall be considered to be and counted as a vote for each of the presidential electors of 31
the political party [nominated] SUBMITTED in accordance with § 8–503 of this subtitle. 32
(3) A VOTE FOR AN UNAFFILI ATED PRESIDENT AND VICE PRESIDENT 33
SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH OF T HE 34 SENATE BILL 864 9
PRESIDENTIAL ELEC TORS SUBMITTED BY TH E UNAFFILIATED PRESI DENTIAL 1
CANDIDATE TO THE STATE BOARD IN ACCORDANCE W ITH § 8–503 OF THIS 2
SUBTITLE. 3
8–506. 4
IN SUBMITTING THIS STATE’S CERTIFICATE OF ASC ERTAINMENT AS 5
REQUIRED BY 3 U.S.C. § 5, THE GOVERNOR SHALL CERTIF Y THE STATE’S 6
PRESIDENTIAL ELECTOR S AND STATE IN THE C ERTIFICATE THAT : 7
(1) THE PRESIDENTIAL ELE CTORS WILL SERVE AS PRESIDENTIAL 8
ELECTORS UNLESS A VA CANCY OCCURS IN THE OFFICE OF ELECTOR BE FORE THE 9
END OF THE MEETING A T WHICH PRESIDENTIAL ELECTOR VOTES ARE CA ST, IN 10
WHICH CASE A SUBSTITU TE PRESIDENTIAL ELEC TOR WILL FILL THE VA CANCY; AND 11
(2) IF A SUBSTITUTE PRES IDENTIAL ELECTOR IS APPOINTED TO FILL 12
A VACANCY , THE GOVERNOR WILL SUBMIT AN AMENDED CERTIFICA TE OF 13
ASCERTAINMENT STATIN G THE NAMES ON THE F INAL LIST OF THE PRESIDENTIAL 14
ELECTORS. 15
8–507. 16
(A) THE STATE ADMINISTRATOR SHALL P RESIDE AT THE MEETIN G OF 17
PRESIDENTIAL ELECTOR S DESCRIBED IN § 8–508 OF THIS SUBTITLE. 18
(B) THE POSITION OF A PRE SIDENTIAL ELECTOR NO T PRESENT TO VOTE IS 19
VACANT. 20
(C) THE STATE ADMINISTRATOR SHALL A PPOINT AN INDIVIDUAL AS A 21
SUBSTITUTE PRESIDENT IAL ELECTOR TO FILL A VACANCY AS FOLLOWS : 22
(1) IF THE ALTERNATE PRE SIDENTIAL ELECTOR IS PRESENT TO 23
VOTE, BY APPOINTING THE AL TERNATE PRESIDENTIAL ELECTOR FOR THE VACA NT 24
POSITION; 25
(2) IF THE ALTERNATE PRES IDENTIAL ELECTOR FOR THE VACANT 26
POSITION IS NOT PRES ENT TO VOTE, BY APPOINTING A PRES IDENTIAL ELECTOR 27
CHOSEN BY LOT FROM A MONG THE ALTERNATE P RESIDENTIAL ELECTORS PRESENT 28
TO VOTE WHO WERE NOM INATED BY THE SAME P OLITICAL PARTY OR TH E 29
UNAFFILIATED PRESIDENTI AL CANDIDATE; 30
(3) IF THE NUMBER OF ALT ERNATE PRESIDENTIAL ELECTORS 31
PRESENT TO VOTE IS I NSUFFICIENT TO FILL ANY VACANT POSITION IN ACCORDANCE 32 10 SENATE BILL 864
WITH ITEM (1) OR (2) OF THIS SUBSECTION , BY APPOINTING ANY IM MEDIATELY 1
AVAILABLE INDIVIDUAL WHO IS QUALIFIED TO SERVE AS A PRESIDENT IAL ELECTOR 2
AND CHOSEN THROUGH N OMINATION BY AND PLU RALITY VOTE OF THE R EMAINING 3
PRESIDENTIAL ELECTOR S, INCLUDING NOMINATION AND VOTE BY A SINGLE 4
PRESIDENTIAL ELECTOR IF ONLY ONE REMAINS ; 5
(4) IF THERE IS A TIE BE TWEEN AT LEAST TWO N OMINEES FOR 6
SUBSTITUTE PRESIDENT IAL ELECTOR IN A VOT E CONDUCTED UNDER IT EM (3) OF 7
THIS SUBSECTION , BY APPOINTING A PRES IDENTIAL ELECTOR CHO SEN BY LOT 8
FROM AMONG THOSE NOM INEES; OR 9
(5) IF ALL PRESIDENTIAL ELECTOR POSITIONS AR E VACANT AND 10
CANNOT BE FILLED IN ACCORDANCE WITH ITEM (1), (2), (3), OR (4) OF THIS 11
SUBSECTION, BY APPOINTING A SING LE PRESIDENTIAL ELEC TOR, WITH REMAINING 12
VACANT POSITIONS TO BE FILLED IN ACCORDA NCE WITH ITEM (3) OR (4) OF THIS 13
SUBSECTION. 14
(D) TO QUALIFY AS A S UBSTITUTE PRESIDENTI AL ELECTOR UNDER 15
SUBSECTION (C) OF THIS SECTION , AN INDIVIDUAL WHO HA S NOT EXECUTED THE 16
PLEDGE REQUIRED UNDE R § 8–504 OF THIS SUBTITLE SHA LL EXECUTE THE 17
FOLLOWING PLEDGE : “I AGREE TO SERVE AND T O MARK MY BALLOTS FO R 18
PRESIDENT AND VICE PRESIDENT CONSISTENT WITH THE PLEDGE OF T HE 19
INDIVIDUAL TO WHOSE PRESIDENTIAL ELECTOR POSITION I HAVE SUCCEEDED .”. 20
8–509. 21
(A) AFTER THE VOTE OF THI S STATE’S PRESIDENTIAL ELECT ORS IS 22
COMPLETED , IF THE FINAL LIST OF PRESIDENTIAL ELECTOR S DIFFERS FROM ANY 23
LIST THAT THE GOVERNOR PREVIOUSLY I NCLUDED ON A CERTIFI CATE OF 24
ASCERTAINMENT PREPAR ED AND TRANSMITTED U NDER 3 U.S.C. § 5, THE STATE 25
ADMINISTRATOR IMMEDIA TELY SHALL PREPARE A N AMENDED CERTIFICAT E OF 26
ASCERTAINMENT AND TR ANSMIT IT TO THE GOVERNOR FOR THE GOVERNOR’S 27
SIGNATURE. 28
(B) THE GOVERNOR IMMEDIATELY SHALL DELIVER THE SI GNED AMENDED 29
CERTIFICATE OF ASCER TAINMENT TO THE STATE ADMINISTRATOR AND A S IGNED 30
DUPLICATE ORIGINAL O F THE AMENDED CERTIF ICATE OF ASCERTAINME NT TO ALL 31
INDIVIDUALS ENTITLED TO RECEIVE THIS STATE’S CERTIFICATE OF 32
ASCERTAINMENT , INDICATING THAT THE AMENDED CERTIFICATE OF 33
ASCERTAINMENT IS TO BE SUBSTITUTED FOR T HE CERTIFICATE OF 34
ASCERTAINMENT PREVIO USLY SUBMITTED . 35
(C) (1) THE STATE ADMINISTRATOR SHALL P REPARE A CERTIFICATE OF 36 SENATE BILL 864 11
THE VOTE. 1
(2) THE PRESIDENTIAL ELEC TORS ON THE FINAL LI ST SHALL SIGN 2
THE CERTIFICATE . 3
(3) THE STATE ADMINISTRATOR SHALL P ROCESS AND TRANSMIT THE 4
SIGNED CERTIFICATE W ITH THE AMENDED CERT IFICATE OF ASCERTAIN MENT 5
UNDER 3 U.S.C. §§ 9 THROUGH 11. 6
SUBTITLE 9. ELECTION OF CIRCUIT COURT JUDGES. 7
8–901. 8
EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE PROVISIONS OF 9
THIS ARTICLE RELATIN G TO THE NOMINATION AND ELECTION OF CAND IDATES TO 10
PUBLIC OFFICE SHALL GOVERN THE NOMINATIO N AND ELECTION OF JU DGES OF 11
THE CIRCUIT COUR TS. 12
8–902. 13
(A) (1) JUDGES OF THE CIRCUIT COURTS SHALL BE ELEC TED ON A 14
NONPARTISAN BASIS . 15
(2) IN A PRIMARY ELECTION TO NOMINATE CIRCUIT COURT JUDGE 16
CANDIDATES, ANY REGISTERED VOTER OF THE COUNTY , REGARDLESS OF PARTY 17
AFFILIATION OR LACK OF PARTY AFFILIATION, IS ELIGIBLE TO VOTE IN THOSE 18
CONTESTS FOR NOMINAT ION. 19
(B) CANDIDATES FOR ELECTI ON TO THE CIRCUIT CO URT SHALL, WITHOUT 20
PARTY DESIGNATION OR REGARD TO PARTY AFFI LIATION: 21
(1) FILE CERTIFICATES OF CANDIDACY; 22
(2) BE CERTIFIED TO THE BALLOT; 23
(3) APPEAR ON THE BALLOT ; 24
(4) BE VOTED ON; AND 25
(5) BE NOMINATED AND ELE CTED. 26
8–903. 27
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 28 12 SENATE BILL 864
IN EACH YEAR THAT ON E OR MORE JUDGES ARE TO BE ELECTED TO THE CIRCUIT 1
COURT FOR A COUNTY , CANDIDATES SHALL BE NOMIN ATED AT THE PRIMARY 2
ELECTION. 3
(2) IF, AFTER THE DEADLINE F OR WITHDRAWAL AS PRO VIDED IN § 4
5–502 OF THIS ARTICLE , THE NUMBER OF CANDID ATES HAVING FILED 5
CERTIFICATES OF CAND IDACY IN ANY CONTEST DOES NOT EXCEED THE NUMBER OF 6
OFFICES TO BE FILLED, A CERTIFICATE OF NOM INATION SHALL BE ISS UED TO EACH 7
CANDIDATE. 8
(B) (1) IF A CANDIDATE DIES O R BECOMES DISQUALIFI ED BEFORE THE 9
BALLOTS ARE PRINTED OR AT A TIME WHEN TH E BALLOTS CAN BE REP RINTED, THE 10
NAME OF THE CANDIDAT E MAY NOT APPEAR ON THE BALLOT. 11
(2) IF A CANDIDATE DIES O R BECOMES DISQUALIFI ED AFTER THE 12
BALLOTS ARE PRINTED AND IT IS TOO LATE F OR THE BALLOTS TO BE REPRINTED, 13
ANY VOTES CAST FOR T HAT CANDIDATE MAY NO T BE COUNTED. 14
(C) (1) THE CANDIDATES , EQUAL IN NUMBER TO TWICE THE NUMBER OF 15
OFFICES TO BE FILLED , WHO RECEIVE THE LARG EST NUMBER OF TOTAL VOTES CAST 16
IN THE PRIMARY ELECT ION SHALL BE THE NOM INATED CANDIDATES . 17
(2) IF TWO OR MORE CANDID ATES EACH RECEIVE TH E LOWEST 18
NUMBER OF TOTAL VOTE S CAST NECESSARY TO QUALIFY FOR NOMINATI ON, 19
CREATING A TIE FOR T HE LAST NOMINATION F OR THE OFFICE TO BE FILLED, EACH 20
SHALL BE A NOMINATED CANDIDATE. 21
8–904. 22
(A) AFTER THE PRIMARY ELE CTION BUT BEFORE THE GENERAL ELECTION , 23
IF A NOMINEE DIES , DECLINES THE NOMINAT ION, OR BECOMES DISQUALIF IED 24
BEFORE THE BALLOTS ARE PRIN TED OR AT A TIME WHE N THE BALLOTS CAN BE 25
REPRINTED, THE NAME OF THE NOMI NEE MAY NOT APPEAR O N THE BALLOT. 26
(B) IF A NOMINEE DIES , DECLINES THE NOMINAT ION, OR IS DISQUALIFIED 27
AFTER THE BALLOTS AR E PRINTED AND IT IS TOO LATE FOR THE BAL LOTS TO BE 28
REPRINTED, AND IF THAT NOMINEE RECEIVES SUFFICIENT VOTES TO HAVE BEEN 29
ELECTED, THE OFFICE SHALL BE DEEMED VACANT AND SH ALL BE FILLED AS IF THE 30
VACANCY HAD OCCURRED DURING THE TERM OF O FFICE. 31
8–905. 32
(A) IN A GENERAL ELECTION FOR JUDGE OF THE CI RCUIT COURT FOR A 33 SENATE BILL 864 13
COUNTY, A VOTER MAY VOTE FOR A NUMBER OF NOMINEES EQUAL TO THE NUMBER 1
OF JUDGES TO BE ELEC TED IN THAT COUNTY ’S ELECTION. 2
(B) (1) THE NOMINEES , EQUAL IN NUMBER TO T HE NUMBER OF OFFICES 3
TO BE FILLED, WHO RECEIVE THE LARG EST NUMBER OF VOTE S IN THE GENERAL 4
ELECTION SHALL BE DE CLARED ELECTED . 5
(2) (I) IF TWO OR MORE NOMINE ES EACH RECEIVE THE LOWEST 6
NUMBER OF VOTES NECE SSARY TO QUALIFY FOR ELECTION, CREATING A TIE FOR 7
THE LAST OFFICE TO B E FILLED, THE OFFICE SHALL BE CONSIDERED VACANT . 8
(II) A VACANCY OCCURRING UN DER SUBPARAGRAPH (I) OF THIS 9
PARAGRAPH SHALL BE F ILLED: 10
1. AS IF THE VACANCY OC CURRED DURING THE TE RM OF 11
OFFICE FOR WHICH THE ELECTION IS BEING HE LD; AND 12
2. BY THE SELECTION OF ONE OF THE NOMINEES WHO 13
TIES IN THE GENERA L ELECTION. 14
9–210. 15
(a) The offices to be voted on shall be arranged on the ballot in the following order, 16
as applicable: 17
(6) [judicial offices, in the following order: 18
(i) judge of the circuit court; and 19
(ii)] appellate judges, continuance in office, in the following order: 20
[1.] (I) Supreme Court of Maryland; and 21
[2.] (II) Appellate Court of Maryland; 22
(9) offices filled by nonpartisan election. 23
(g) (1) Except for contests for [judicial office or] an office to be filled by 24
nonpartisan election, the party affiliation of a candidate who is a nominee of a political 25
party shall be indicated on the ballot. 26
(2) (i) A candidate who is not a nominee of a political party or affiliated 27
with a partisan organization shall be designated as an “unaffiliated”. 28
(ii) A candidate who is affiliated with a partisan organization shall 29 14 SENATE BILL 864
be designated under “other candidates”. 1
(3) The names of candidates for judge of the circuit court or for a county 2
board of education, and the names of incumbent appellate judges, shall be placed on the 3
ballot without a party label or other distinguishing mark or location which might indicate 4
party affiliation. 5
9–216.1. 6
(A) (1) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A STRAY MARK, 7
BLEMISH, OR WRITING MAY NOT B E THE SOLE BASIS FOR INVALIDATING A BALLO T 8
IF THE EXPRESS INTEN T OF THE VOTER IS CL EAR. 9
(2) A STRAY MARK OR BLEMISH INCLUDE S A TEAR, A FOLD, A FOOD 10
SPILL, OR AN ERRANT PUNCTUATION M ARK. 11
(B) A LOCAL BOARD MAY REJE CT A BALLOT IF THE BOAR D DETERMINES 12
THAT A BALLOT IS INT ENTIONALLY MARKED WI TH AN IDENTIFYING MARK THAT IS 13
CLEARLY EVIDENT AND PLACED ON THE BALLOT FOR THE PURPOSE OF I DENTIFYING 14
THE BALLOT, IN ACCORDANCE WITH §§ 11–302 AND 11–303 OF THIS ARTICLE. 15
9–306. 16
(a) Promptly after receipt of an application, the election director shall review the 17
application and determine whether the applicant qualifies to vote by absentee ballot. 18
(b) (1) If the applicant qualifies to vote by absentee ballot, the local board shall 19
provide the ballot by one of the following methods requested by the voter: 20
[(1)] (I) mail; 21
[(2) facsimile transmission;] 22
[(3)] (II) the Internet, ONLY IF REQUESTED BY A VOTER LISTED IN 23
PARAGRAPH (2) OF THIS SUBSECTION ; or 24
[(4)] (III) by hand during an in–person transaction. 25
(2) THE LOCAL BOARD SHALL PROVIDE AN ABSENTEE BALLOT SENT 26
BY THE INTERNET IF REQUESTED BY: 27
(I) AN ABSENT UNIFORMED SERVICES VOTER OR OV ERSEAS 28
VOTER AS DEFINED IN THE FEDERAL UNIFORMED AND OVERSEAS CITIZENS 29
ABSENTEE VOTING ACT; 30
SENATE BILL 864 15
(II) A VOTER WITH A DISAB ILITY AS DEFINED IN THE 1
AMERICANS WITH DISABILITIES ACT WHO IS UNABLE TO MARK A BALLOT 2
INDEPENDENTLY BY HAN D; 3
(III) A VOTER WHO IS HAVIN G A MEDICAL EMERGENC Y OR IS 4
HOSPITALIZED; 5
(IV) A VOTER WHO HAS AN U NFORESEEN AND SHORT –NOTICE 6
TRAVEL COMMITMENT ; AND 7
(V) ANY OTHER VOTER WHO WOULD BE UNABLE TO V OTE IF THE 8
VOTER COULD NOT RECE IVE AN ABSENTEE BALL OT ELECTRONICALLY . 9
9–306.1. 10
IF A CONTRACTOR IS RE SPONSIBLE FOR DISTRI BUTING ABSENTEE BALL OTS 11
TO VOTERS BY MAIL, THE CONTRACTOR SHALL MAIL REQUESTED BALLOTS: 12
(1) IN A TIMELY MANNER ; BUT 13
(2) NOT LATER THAN 47 DAYS BEFORE THE APPL ICABLE ELECTION 14
DAY. 15
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
as follows: 17
Article – Election Law 18
[8–505.] 8–508. 19
(a) (1) The individuals elected to the office of presidential elector shall meet in 20
the State House in the City of Annapolis on the day provided by the Constitution and laws 21
of the United States. 22
(2) The conduct of the meeting shall be consistent with the requirements 23
of federal law. 24
(b) (1) Before proceeding to perform the duties of their office, the presidential 25
electors who are present shall fill any vacancy in the office of elector IN ACCORDANCE 26
WITH § 8–507 OF THIS SUBTITLE , whether the vacancy is caused by absence or other 27
reason. 28
(2) An individual appointed to fill a vacancy is entitled to all rights and 29
privileges of the duly elected electors. 30
16 SENATE BILL 864
(c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland 1
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence, 2
before one of the Clerk’s deputies, the presidential electors shall cast their votes for the 3
candidates for President and Vice President who received a plurality of the votes cast in 4
the State of Maryland. 5
(2) THE STATE ADMINISTRATOR SHALL P ROVIDE EACH 6
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND A VICE–PRESIDENTIAL 7
BALLOT. 8
(3) EACH PRESIDENTIAL ELE CTOR SHALL MARK THE PRESIDENTIAL 9
ELECTOR’S PRESIDENTIAL AND VICE–PRESIDENTIAL BALLOTS WITH THE 10
PRESIDENTIAL ELECTOR ’S SIGNATURE AND THE PRESIDENTIAL ELECTOR ’S 11
LEGIBLY PRINTED NAME . 12
(D) (1) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT B OTH 13
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR . 14
(2) THE STATE ADMINISTRATOR SHALL EXAMINE THE BA LLOTS 15
PRESENTED UNDER PARA GRAPH (1) OF THIS SUBSECTION A ND ACCEPT AS CAST AL L 16
BALLOTS OF PRESIDENT IAL ELECTORS WHOSE V OTES ARE CONSISTENT WITH THEIR 17
PLEDGES EXECUTED UND ER § 8–504 OR § 8–507(D) OF THIS SUBTITLE. 18
(3) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A 19
PRESIDENTIAL ELECTOR ’S PRESIDENTIAL OR VI CE–PRESIDENTIAL BALLOT IF THE 20
PRESIDENTIAL ELECTOR HAS NOT MARKED BOTH BALLOTS OR HAS MARKE D A 21
BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE. 22
(E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESENT A BALLOT, 23
PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION 24
OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UN DER § 8–504 OR § 8–507(D) 25
OF THIS SUBTITLE VAC ATES THE OFFICE OF E LECTOR, CREATING A VACANT 26
POSITION TO BE F ILLED UNDER § 8–507 OF THIS SUBTITLE. 27
(F) THE STATE ADMINISTRATOR SHALL D ISTRIBUTE BALLOTS AN D 28
COLLECT BALLOTS FROM A SUBSTITUTE PRESIDE NTIAL ELECTOR AND RE PEAT THE 29
PROCESS UNDER THIS S ECTION, DECLARING AND FILLIN G VACANT POSITIONS A S 30
REQUIRED, AND RECOR DING APPROPRIATELY C OMPLETED BALLOTS FRO M THE 31
SUBSTITUTED PRESIDEN TIAL ELECTORS , UNTIL ALL OF THIS STATE’S ELECTORAL 32
VOTES HAVE BEEN CAST AND RECORDED . 33
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 34
as follows: 35
SENATE BILL 864 17
Article – Election Law 1
[8–505.] 8–508. 2
(a) (1) The individuals elected to the office of presidential elector shall meet in 3
the State House in the City of Annapolis on the day provided by the Constitution and laws 4
of the United States. 5
(2) The conduct of the meeting shall be consistent with the requirements 6
of federal law. 7
(b) (1) Before proceeding to perform the duties of their office, the presidential 8
electors who are present shall fill any vacancy in the office of elector IN ACCORDANCE 9
WITH § 8–507 OF THIS SUBTITLE , whether the vacancy is caused by absence or other 10
reason. 11
(2) An individual appointed to fill a vacancy is entitled to all rights and 12
privileges of the duly elected electors. 13
(c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland 14
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence, 15
before one of the Clerk’s deputies, the presidential electors shall cast their votes for the 16
candidates for President and Vice President who received a plurality of the votes cast in 17
the national popular vote total defined in § 8–5A–01 of this title. 18
(2) THE STATE ADMINISTRATOR SHALL P ROVIDE EACH 19
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND VICE–PRESIDENTIAL BALLOT . 20
(3) EACH PRESIDENTIAL ELE CTOR SHALL MARK THE PRESIDENTIAL 21
ELECTOR’S PRESIDENTIAL AND V ICE–PRESIDENTIAL BALLOTS WITH THE 22
PRESIDENTIAL ELECTOR ’S SIGNATURE AND THE PRESIDENTIAL ELECTOR ’S 23
LEGIBLY PRINTED NAME . 24
(D) (1) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT B OTH 25
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR. 26
(2) THE STATE ADMINISTRATOR SHALL EXAMINE THE BA LLOTS 27
PRESENTED UNDER PARA GRAPH (1) OF THIS SUBSECTION AND ACCEPT AS CAST A LL 28
BALLOTS OF PRESIDENT IAL ELECTORS WHOSE V OTES ARE CONSISTENT WITH THEIR 29
PLEDGES EXECUTED FOR THE CANDIDATES FOR PRESIDENT AND VICE PRESIDENT 30
WHO ARE THE NATIONAL POPULAR VOTE WINNERS AS DEFINED IN § 8–5A–01 OF 31
THIS TITLE. 32
(3) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A 33
PRESIDENTIAL ELECTOR ’S PRESIDENTIAL OR VI CE–PRESIDENTIAL BALLOT IF THE 34 18 SENATE BILL 864
PRESIDENTIAL ELECTOR HAS NOT M ARKED BOTH BALLOTS O R HAS MARKED A 1
BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE. 2
(E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESE NT A BALLOT , 3
PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION 4
OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UNDER § 8–504 OR § 8–507(D) 5
OF THIS SUBTITLE VAC ATES THE OFFICE OF E LECTOR, CREATING A VACANT 6
POSITION TO BE FILLE D UNDER § 8–507 OF THIS SUBTITLE. 7
(F) THE STATE ADMINISTRATOR SHALL D ISTRIBUTE BALLOTS AN D 8
COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE 9
PROCESS UNDER THIS S ECTION, DECLARING AND FILLIN G VACANT POSITIONS A S 10
REQUIRED, AND RECORDING APPROP RIATELY COMPLETED BA LLOTS FROM THE 11
SUBSTITUTED PRESIDEN TIAL ELECTORS , UNTIL ALL OF THIS STATE’S ELECTORAL 12
VOTES HAVE BEE N CAST AND RECORDED . 13
SECTION 4. AND BE IT FURTHER ENACTED, That , on or before January 31, 14
2024, the State Board of Elections shall: 15
(1) develop and implement strategies to inform voters about: 16
(i) casting absentee ballots by mail and how voting by mail is the 17
most efficient absentee voting method; and 18
(ii) the rare circumstances under which Internet absentee ballots 19
may be requested; and 20
(2) report on the strategies developed and implemented under item (1) of 21
this section to the Senate Education, Energy, and the Environment Committee and the 22
House Ways and Means Committee, in accordance with § 2–1257 of the State Government 23
Article. 24
SECTION 5. AND BE IT FURTHER ENACTED, That, within 90 days after each 25
primary election day and general election day in 2024 and 2026, the State Board of 26
Elections shall submit a report to the Senate Education, Energy, and the Environment 27
Committee and the House Ways and Means Committee, in accordance with § 2–1257 of the 28
State Government Article, that analyzes data from the electronic pollbooks on the reasons 29
voters cast provisional ballots. 30
SECTION 6. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 31
effect on the taking effect of Section 1 of Chapters 43 and 44 of the Acts of the General 32
Assembly of 2007. 33
SECTION 7. AND BE IT FURTHER ENACTED, That, subject to the provisions of 34
Section 6 of this Act, this Act shall take effect October 1, 2023. Section 2 of this Act shall 35
remain effective until the taking effect of Section 1 of Chapters 43 and 44 of the Acts of the 36 SENATE BILL 864 19
General Assembly of 2007. If the contingency stated in Section 1 of Chapters 43 and 44 of 1
the Acts of the General Assembly of 2007 takes effect, Section 2 of this Act shall be 2
abrogated and of no further force and effect. 3