EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1088*
HOUSE BILL 1088
G1, E5 4lr3135
CF SB 605
By: Delegate Feldmark
Introduced and read first time: February 7, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Automatic Voter Registration – Alterations 2
FOR the purpose of altering automatic voter registration procedures at the Motor Vehicle 3
Administration and the Maryland Health Benefit Exchange; establishing 4
requirements regarding the transmission of automatic voter registration 5
information by the Administration and the Exchange, the processing of the voter 6
registration information by the State Board of Elections, and the sending of notices 7
by the State Board and the Exchange; authorizing the State Board to implement 8
certain automatic voter registration procedures at certain agencies with the consent 9
of the agencies; providing that certain automatic voter registration procedures do not 10
apply to participants in certain confidentiality programs; and generally relating to 11
automatic voter registration. 12
BY renumbering 13
Article – Election Law 14
Section 3–203(c) through (j) 15
to be Section 3–203(d) through (k), respectively 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Election Law 20
Section 3–203(a)(1), (2)(i)1. and 2. and (ii), (3)(i) and (ii), and (4) 21
Annotated Code of Maryland 22
(2022 Replacement Volume and 2023 Supplement) 23
BY adding to 24
Article – Election Law 25
Section 3–203(b) and 3–203.1 26
Annotated Code of Maryland 27
(2022 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 1088
BY repealing and reenacting, with amendments, 1
Article – Election Law 2
Section 3–203(b), 3–303, and 3–503 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Section(s) 3–203(c) through (j) of Article – Election Law of the Annotated Code of 7
Maryland be renumbered to be Section(s) 3–203(d) through (k), respectively. 8
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
as follows: 10
Article – Election Law 11
3–203. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) (i) “Applicable transaction” means: 14
1. at the Motor Vehicle Administration, an initial application 15
for or renewal of a driver’s license or identification card, or a change of name or address on 16
an existing driver’s license or identification card, or any other transaction in which the 17
Motor Vehicle Administration obtains all of the information from an applicant that satisfies 18
the requirements to register to vote; 19
2. at the Maryland Health Benefit Exchange, any application 20
for or renewal of health insurance coverage; 21
(ii) “Applicable transaction” includes any transaction described in 22
subparagraph (i) of this paragraph that is completed online. 23
(3) “Automatic voter registration agency” means: 24
(i) the Motor Vehicle Administration; 25
(ii) the Maryland Health Benefit Exchange; 26
(4) “Automatic voter registration system” means a system that, as an 27
integral part of each applicable transaction at an automatic voter registration agency: 28
(i) informs an applicant: 29
1. that the applicant shall be registered to vote or shall have 30
a voter registration record updated, if applicable, unless the applicant declines to register 31 HOUSE BILL 1088 3
to vote or update a voter registration record or if the applicant is not eligible to register to 1
vote; 2
2. of the qualifications to register to vote under § 3–102 of 3
this title; 4
3. that the applicant should not register if the applicant does 5
not meet all the qualifications; 6
4. of the penalties for the submission of a false application; 7
and 8
5. that voter registration is voluntary and that neither 9
registering nor declining to register to vote will in any way affect the availability of services 10
or benefits; 11
(ii) requires the electronic signature of the applicant, subject to the 12
penalties for perjury, by which the applicant attests that the information provided by the 13
applicant is true and that the applicant meets all the qualifications to become a registered 14
voter, including United States citizenship; and 15
(iii) electronically transmits the voter registration information of 16
each applicant who does not decline to register to vote or update a voter registration record 17
directly to the State Board: 18
1. in a manner and format specified jointly by the automatic 19
voter registration agency and the State Board; and 20
2. within 5 days of the applicable transaction. 21
(B) (1) WITH RESPECT TO APPLI CABLE TRANSACTIONS A T THE MOTOR 22
VEHICLE ADMINISTRATION , THIS SECTION APPLIES ONLY IF THE APPLICAN T MEETS 23
THE CRITERIA DESCRIB ED IN § 3–203.1(D)(4) OF THIS SUBTITLE. 24
(2) WITH RESPECT TO APPLI CABLE TRANSACTIONS A T THE 25
MARYLAND HEALTH BENEFIT EXCHANGE, THIS SECTION APPLIES ONLY IF THE 26
APPLICANT MEETS THE CRITERIA DESCRIBED I N § 3–203.1(G)(3) OF THIS SUBTITLE. 27
[(b)] (C) (1) Except as provided in paragraph (2) of this subsection, an 28
automatic voter registration agency shall implement an automatic voter registration 29
system on or before July 1, 2019. 30
(2) A local department of social services shall implement an automatic 31
voter registration system on or before December 1, 2019. 32
3–203.1. 33 4 HOUSE BILL 1088
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “ADMINISTRATION ” MEANS THE MOTOR VEHICLE 3
ADMINISTRATION . 4
(3) (I) “APPLICABLE TRANSACTIO N” MEANS: 5
1. AT THE MOTOR VEHICLE ADMINISTRATION , AN 6
INITIAL APPLICATION FOR OR RENEWAL OF A DRIVER’S LICENSE OR 7
IDENTIFICATION CARD , OR A CHANGE OF NAME OR ADDRESS ON AN EXI STING 8
DRIVER’S LICENSE OR IDENTIF ICATION CARD; OR 9
2. AT THE EXCHANGE, ANY APPLICATION FOR OR 10
RENEWAL OF HEALTH IN SURANCE COVERAGE . 11
(II) “APPLICABLE TRANSACTIO N” INCLUDES ANY 12
TRANSACTION DESCRIBE D IN SUBPARAGRAPH (I) OF THIS PARAGRAPH TH AT IS 13
COMPLETED ONLINE . 14
(4) “EXCHANGE” MEANS THE MARYLAND HEALTH BENEFIT 15
EXCHANGE. 16
(B) THE ADMINISTRATION SHALL VERIFY WITH THE STATE BOARD AT THE 17
TIME THAT AN APPLICA NT SUBMITS INFORMATI ON TO THE ADMINISTRATION IN AN 18
APPLICABLE TRANSACTI ON, WHETHER THE APPLICAN T IS CURRENTLY REGIS TERED 19
TO VOTE IN THE STATE. 20
(C) THE ADMINISTRATION SHALL CATEGORIZE EACH TYPE OF DOCUMEN T 21
ACCEPTED AS PROOF OF IDENTITY BY THE ADMINISTRATION FOR AN APPLICABLE 22
TRANSACTION AS A DOC UMENT THAT : 23
(1) DEMONSTRATES THAT TH E APPLICANT IS A UNITED STATES 24
CITIZEN; 25
(2) DEMONSTRATES THAT TH E APPLICANT IS NOT A UNITED STATES 26
CITIZEN AT THE TIME OF THE APPLICABLE TRANS ACTION; OR 27
(3) DOES NOT DEMONSTRATE WHETHER OR NOT THE A PPLICANT IS A 28
UNITED STATES CITIZEN AT THE TIME OF THE APPLICAB LE TRANSACTION . 29
HOUSE BILL 1088 5
(D) (1) THE ADMINISTRATION MAY NO T OFFER A VOTER REGI STRATION 1
OPPORTUNITY T O AN APPLICANT , AND MAY NOT TRANSMIT ANY VOTER 2
REGISTRATION INFORMA TION ABOUT AN APPLIC ANT TO THE STATE BOARD, IF THE 3
APPLICANT DURING AN APPLICABLE TRANSACTI ON PRESENTS A DOCUME NT THAT 4
DEMONSTRATES THAT TH E APPLICANT IS NOT A UNITED STATES CITIZEN AT THE 5
TIME OF THE APPLICAB LE TRANSACTION . 6
(2) THE ADMINISTRATION SHALL ELECTRONICALLY TRANS MIT THE 7
VOTER REGISTRATION I NFORMATION OF AN APP LICANT DIRECTLY TO T HE STATE 8
BOARD IF THE APPLICAN T FOR AN APPLICABLE TRANSACTION IS CURRE NTLY 9
REGISTERED TO VOTE I N THE STATE. 10
(3) (I) THE ADMINISTRATION SHAL L ELECTRONICALLY TRA NSMIT 11
THE VOTER REGISTRATI ON INFORMATION OF AN APPLICANT FOR AN APP LICABLE 12
TRANSACTION DIRECTLY TO THE STATE BOARD IF: 13
1. THE APPLICANT IS NOT CURRENTLY REGISTERED TO 14
VOTE IN THE STATE; 15
2. THE APPLICANT PRESEN TS A DOCUMENT 16
DEMONSTRATING THAT TH E APPLICANT IS A UNITED STATES CITIZEN; AND 17
3. THE APPLICANT PROVID ES INFORMATION , AS PART 18
OF THE APPLICABLE TR ANSACTION, DEMONSTRATING THAT T HE APPLICANT IS AT 19
LEAST 16 YEARS OLD AND IS A R ESIDENT OF THE STATE AS OF THE DATE OF THE 20
APPLICABLE TRANSACTI ON. 21
(II) BEFORE THE ADMINISTRATION ELECTR ONICALLY 22
TRANSMITS AN APPLICA NT’S VOTER REGISTRATION INFORMATION TO THE STATE 23
BOARD UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE ADMINISTRATION 24
SHALL OFFER THE APPL ICANT THE OPPORTUNIT Y TO SELECT A POLITI CAL PARTY 25
AFFILIATION. 26
(4) THE ADMINISTRATION SHALL OFFER AN APPLICANT F OR AN 27
APPLICABLE TRANSACTI ON A VOTER REGISTRAT ION OPPORTUNITY THRO UGH AN 28
AUTOMATIC VOTER REGI STRATION SYSTEM IN A CCORDANCE WITH § 3–203 OF THIS 29
SUBTITLE IF THE APPL ICANT: 30
(I) IS NOT CURRENTLY RE GISTERED TO VOTE IN THE STATE; 31
AND 32
(II) PRESENTS ONLY DOCUME NTS THAT DO NOT DEMO NSTRATE 33
WHETHER THE APPLICAN T IS A UNITED STATES CITIZEN AT THE TIME OF THE 34 6 HOUSE BILL 1088
APPLICABLE TRANSACTI ON, OR THE APPLICANT DOE S NOT PRESENT ANY 1
DOCUMENT AT THE TIME OF THE APPLIC ABLE TRANSACTION . 2
(E) (1) IF THE VOTER REGISTRA TION INFORMATION REC EIVED BY THE 3
STATE BOARD UNDER SUBSECTIO N (D)(2) OF THIS SECTION FOR AN APPLICANT 4
WHO IS CURRENTLY REG ISTERED TO VOTE IN T HE STATE: 5
(I) INDICATES THAT THE A PPLICANT HAS NOT CHA NGED THE 6
APPLICANT’S RESIDENTIAL ADDRES S, MAILING ADDRESS , OR NAME, THE STATE 7
BOARD SHALL: 8
1. CAUSE THE DATE OF TH E UPDATE TO BE RECOR DED 9
IN THE STATEWIDE VOT ER REGISTRATION LIST ; AND 10
2. IF THE APPLICANT IS IN INACTIVE VOTER ST ATUS, 11
CAUSE THE APPLICANT TO BE RESTORED TO AC TIVE VOTER STATUS AS PROVIDED IN 12
§ 3–503 OF THIS TITLE; OR 13
(II) INDICATES THAT THE A PPLICANT HAS CHANGED THE 14
APPLICANT’S RESIDENTIAL ADDRES S, MAILING ADDRESS , OR NAME, THE STATE 15
BOARD SHALL: 16
1. CAUSE THE STATEWIDE VOTER REGISTRATION LIST 17
TO BE UPDATED ; 18
2. IF THE APPLICANT IS IN INACTIVE VOTER ST ATUS, 19
CAUSE THE APPLICANT TO BE RESTORED TO AC TIVE VOTER STATUS AS PROVIDED IN 20
§ 3–503 OF THIS TITLE; 21
3. WITHIN 5 BUSINESS DAYS AFTER THE RECEIPT OF THE 22
VOTER REGISTRATIO N INFORMATION FROM T HE ADMINISTRATION , CAUSE AN 23
AUTOMATIC VOTER REGI STRATION UPDATE NOTI CE TO BE SENT BY 24
NONFORWARDABLE MAIL TO THE APPLICANT ; AND 25
4. IF THE APPLICANT AFF IRMATIVELY CORRECTS THE 26
UPDATE IN WRITING , CAUSE THE APPLICANT ’S INFORMATION TO B E MODIFIED 27
APPROPRIATELY IN THE STATEWIDE VOTER REGI STRATION LIST. 28
(2) THE STATE BOARD MAY ASSIGN RESP ONSIBILITY FOR 29
PERFORMING SOME OR A LL OF THE PROCEDURES DESCRIBED IN PARAGRA PH (1) OF 30
THIS SUBSECTION TO T HE LOCAL BOARDS . 31
HOUSE BILL 1088 7
(3) THE STATE BOARD SHAL L PROVIDE AN ELECTRO NIC MEANS BY 1
WHICH AN APPLICANT M AY CORRECT A VOTER R EGISTRATION UPDATE U NDER 2
PARAGRAPH (1)(II) OF THIS SUBSECTION . 3
(4) AN AUTOMATIC VOTER RE GISTRATION UPDATE NO TICE MAY BE 4
COMBINED WITH A VOTE R ACKNOWLEDGMENT NOT ICE OR VOTER NOTIFIC ATION 5
CARD DESCRIBED IN § 3–301(C) OF THIS TITLE, SHALL BE IN A FORMAT PRESCRIBED 6
BY THE STATE BOARD, AND SHALL: 7
(I) INCLUDE A STATEMENT EXPLAINING THAT THE 8
APPLICANT’S VOTER REGISTRATION HAS BEEN UPDATED , AND STATING THAT IF THE 9
UPDATE WAS IN ERROR , THE APPLICANT SHOULD AFFIRMATIVELY CORREC T THE 10
UPDATE; 11
(II) ALLOW THE APPLICANT TO CORRECT THE UPDAT E BY 12
MAKING AN APPROPRIAT E NOTATION AND RETUR NING THE NOTICE POST AGE 13
PREPAID; AND 14
(III) INCLUDE INSTRUCTIONS REGARDING HOW THE AP PLICANT 15
MAY: 16
1. CORRECT THE UPDATE E LECTRONICALLY ; AND 17
2. OBTAIN MORE INFORMAT ION ABOUT THE NOTICE . 18
(F) (1) WHEN THE STATE BOARD RECEIVES AN APP LICANT’S VOTER 19
REGISTRATION INFORMA TION UNDER SUBSECTIO N (D)(3) OF THIS SECTION AND NO 20
OTHER INFORMATION IN DICATES TH AT THE APPLICANT IS NOT QUALIFIED TO 21
BECOME A REGISTERED VOTER, THE STATE BOARD SHALL: 22
(I) WITHIN 5 BUSINESS DAYS AFTER THE RECEIPT OF THE 23
APPLICANT’S VOTER REGISTRATION INFORMATION , CAUSE AN AUTOMATIC V OTER 24
REGISTRATION NOTICE TO BE SENT BY NONFOR WARDABLE MAIL TO THE 25
APPLICANT; AND 26
(II) 1. IF THE APPLICANT DOE S NOT AFFIRMATIVELY 27
DECLINE TO BE REGISTERED TO VOT E WITHIN 21 DAYS AFTER THE MAILI NG OF THE 28
AUTOMATIC VOTER REGI STRATION NOTICE , CAUSE THE APPLICANT TO BE LISTED IN 29
ACTIVE VOTER STATUS IN THE STATEWIDE VOT ER REGISTRATION LIST ; OR 30
2. IF THE APPLICANT AFF IRMATIVELY DECLINES TO BE 31
REGISTERED TO VOTE , CAUSE THE APPLICANT ’S INFORMATION TO BE CANCELED 32
FROM THE STATEWIDE V OTER REGISTRATION LI ST. 33 8 HOUSE BILL 1088
(2) THE STATE BOARD MAY ASSIGN RESP ONSIBILITY FOR 1
PERFORMING SOME OR A LL OF THE PROCEDURES DESCRIBED IN PARAGRA PH (1) OF 2
THIS SUBSECTION TO T HE LOCAL BOARDS . 3
(3) THE STATE BOARD SHALL PROVIDE A N ELECTRONIC MEANS B Y 4
WHICH AN APPLICANT M AY SELECT A POLITICA L PARTY AFFILIATION . 5
(4) AN AUTOMATIC VOTER RE GISTRATION NOTICE MA Y BE COMBINED 6
WITH A VOTER ACKNOWL EDGMENT NOTICE OR VO TER NOTIFICATIO N CARD 7
DESCRIBED IN § 3–301(C) OF THIS TITLE, SHALL BE IN A FORMAT PRESCRIBED BY 8
THE STATE BOARD, AND SHALL: 9
(I) INFORM THE APPLICANT : 10
1. THAT THE APPLICANT S HALL BE REGISTERED T O 11
VOTE UNLESS THE APPL ICANT DECLINES TO RE GISTER TO VOTE OR IF THE 12
APPLICANT IS NOT ELIG IBLE TO REGISTER TO VOTE; 13
2. OF THE QUALIFICATION S TO REGISTER TO VOT E 14
UNDER § 3–102 OF THIS TITLE; 15
3. THAT THE APPLICANT S HOULD DECLINE 16
REGISTRATION IF THE APPLICANT DOES NOT M EET ALL THE QUALIFIC ATIONS FOR 17
VOTER REGISTRATI ON; 18
4. OF THE PENALTIES FOR THE SUBMISSION OF A FALSE 19
APPLICATION; 20
5. THAT VOTER REGISTRAT ION IS VOLUNTARY AND THAT 21
NEITHER REGISTERING NOR DECLINING TO REG ISTER TO VOTE WILL I N ANY WAY 22
AFFECT THE AVAILABIL ITY OF SERVICES OR B ENEFITS; AND 23
6. THAT IF THE APPLICAN T DOES NOT SELECT A 24
POLITICAL PARTY AFFI LIATION, THE APPLICANT WILL B E DESIGNATED AS NOT 25
AFFILIATED WITH A PO LITICAL PARTY AND WI LL BE UNABLE TO VOTE IN A PARTY 26
PRIMARY ELECTION ; 27
(II) ALLOW THE APPLICANT TO: 28
1. DECLINE TO BE REGISTERED TO VOTE B Y MAKING AN 29
APPROPRIATE NOTATION AND RETURNING THE NO TICE POSTAGE PREPAID ; AND 30
HOUSE BILL 1088 9
2. SELECT A POLITICAL P ARTY AFFILIATION BY MAKING 1
AN APPROPRIATE NOTAT ION AND RETURNING TH E NOTICE POSTAGE PRE PAID; AND 2
(III) INCLUDE INSTRUCTIONS REGARDING HOW THE AP PLICANT 3
MAY: 4
1. SELECT A POLITICAL P ARTY AFFILIATION 5
ELECTRONICALLY ; AND 6
2. OBTAIN MORE INFORMAT ION ABOUT THE NOTICE . 7
(5) IF THE STATE BOARD OR A LOCAL BOAR D, AFTER REVIEWING THE 8
VOTER REGISTRATION I NFORMATION RECEIVED BY THE STATE BOARD UNDER 9
SUBSECTION (D)(3) OF THIS SECTION , DETERMINES THAT AN A PPLICANT IS 10
CURRENTLY REGISTERED TO VOTE, THE STATE BOARD OR LOCAL BOARD SHALL 11
PROCESS THE VOTER RE GISTRATION INFORMATI ON IN ACCORDANCE WIT H 12
SUBSECTION (E) OF THIS SECTION. 13
(6) A DOCUMENT DEMONSTRATI NG THAT AN APPLICANT IS A UNITED 14
STATES CITIZEN PRESEN TED DURING AN APPLIC ANT’S PREVIOUS TRANSACTI ON 15
WITH THE ADMINISTRATION AND RE TAINED BY THE ADMINISTRATION UNDER 6 16
C.F.R. § 37.31 SATISFIES THE REQUIR EMENT OF SUBSECTION (D)(3)(I)2 OF THIS 17
SECTION FOR A SUBSEQ UENT APPLICABLE TRAN SACTION AT THE ADMINISTRATION . 18
(7) SOLELY FOR PURPOSES O F DETERMINING WHETHE R AN 19
APPLICANT HAS MET TH E REQUIREMENT OF SUB SECTION (D)(3)(I)2 OF THIS 20
SECTION, THE ADMINISTRATION MAY IM PLEMENT ADDITIONAL P ROCEDURES TO 21
REVIEW COPIES OF DOC UMENTS DEMONSTRATING THAT THE APPLICANT I S A 22
UNITED STATES CITIZEN THAT WERE PRESENTED DURING AN APPLICANT’S 23
PREVIOUS TRANSACTION WITH THE ADMINISTRATION AND RE TAINED BY THE 24
ADMINISTRATION UNDER 6 C.F.R. § 37.31. 25
(G) (1) THE EXCHANGE SHALL IDENTI FY EACH APPLICABLE 26
TRANSACTION AT THE EXCHANGE IN WHICH AN APPLICANT’S ATTESTATION OF 27
UNITED STATES CITIZENSHIP IS RELIABLY VERIFIED TH ROUGH AN ELECTRONIC 28
DATABASE MATCH AS PA RT OF THE ELIGIBILIT Y DETERMINATION PROC ESS. 29
(2) THE EXCHANGE MAY NOT OFFE R A VOTER REGISTRATI ON 30
OPPORTUNITY TO AN AP PLICANT, AND MAY NOT TR ANSMIT ANY VOTER 31
REGISTRATION INFORMA TION ABOUT AN APPLIC ANT TO THE STATE BOARD, IF THE 32
APPLICANT ATTESTS TH AT THE APPLICANT IS NOT A UNITED STATES CITIZEN AT 33
THE TIME OF THE APPL ICABLE TRANSACTION . 34
10 HOUSE BILL 1088
(3) THE EXCHANGE SHALL OFFER AN APPLICANT FOR AN 1
APPLICABLE TRANSACTION A VOTER REGISTRATION O PPORTUNITY IN 2
ACCORDANCE WITH § 3–203 OF THIS SUBTITLE IF: 3
(I) THE APPLICANT ’S ATTESTATION OF CIT IZENSHIP IS NOT 4
RELIABLY VERIFIED TH ROUGH AN ELECTRONIC DATABASE MATCH ; AND 5
(II) THE APPLICANT HAS NO T ATTESTED THAT THE APPLICA NT 6
IS NOT A UNITED STATES CITIZEN. 7
(4) THE EXCHANGE SHALL MAINTA IN AN ELECTRONIC INF ORMATION 8
SYSTEM THAT ALLOWS T HE EXCHANGE TO DETERMINE , AT THE TIME THAT AN 9
APPLICANT SUBMITS IN FORMATION TO THE EXCHANGE IN AN APPLIC ABLE 10
TRANSACTION , WHETHER THE APPLICAN T IS CURRENTLY REGIS TERED TO VOTE IN 11
THE STATE. 12
(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
PARAGRAPH , THE EXCHANGE SHALL IMPLEM ENT THE AUTOMATIC VO TER 14
REGISTRATION UPDATE PROCEDURE IN ACCORDA NCE WITH PARAGRAPH (6) OF 15
THIS SUBSECTION OR T HE AUTOMATIC VOTER R EGISTRATION PROCEDUR E IN 16
ACCORDANCE WITH PARA GRAPH (7) OF THIS SUBSECTION I F: 17
1. AN APPLICANT ’S ATTESTATION OF CIT IZENSHIP IS 18
RELIABLY VERIFIED TH ROUGH AN ELECTRONIC DATABASE MATCH AS PA RT OF THE 19
ELIGIBILITY DETERMIN ATION PROCESS ; AND 20
2. THE APPLICANT PROVID ES INFORMATION AS PART OF 21
THE APPLICABLE TRANS ACTION DEMONSTRATING THAT THE APPLICANT I S AT 22
LEAST 16 YEARS OLD AND IS A R ESIDENT OF THE STATE AS OF THE DATE OF THE 23
APPLICABLE TRANSACTI ON. 24
(II) IF AN APPLICANT IS CU RRENTLY REGISTERED T O VOTE IN 25
THE STATE AND TH E INFORMATION SUBMIT TED BY THE APPLICANT TO THE 26
EXCHANGE INDICATES TH AT THE APPLICANT HAS NOT CHANGED THE APPL ICANT’S 27
RESIDENTIAL ADDRESS , MAILING ADDRESS , OR NAME, THE EXCHANGE MAY NOT 28
TAKE ANY FURTHER ACT ION WITH REGARD TO T HE APPLICANT ’S VOTER 29
REGISTRAT ION. 30
(6) (I) IF AN APPLICANT IS CU RRENTLY REGISTERED T O VOTE IN 31
THE STATE AND THE INFORMA TION SUBMITTED BY TH E APPLICANT TO THE 32
EXCHANGE INDICATES TH AT THE APPLICANT HAS CHANGED THE APPLICAN T’S 33
RESIDENTIAL ADDRESS , MAILING ADDRESS , OR NAME, THE EXCHANGE SHALL: 34
HOUSE BILL 1088 11
1. WITHIN 5 BUSINESS DAYS AFTER THE RECEIPT OF THE 1
APPLICANT’S INFORMATION , CAUSE AN AUTOMATIC V OTER REGISTRATION UP DATE 2
NOTICE TO BE SENT BY NONFORWARDABLE MAIL TO THE APPLICANT ; AND 3
2. A. IF THE APPLICANT DOE S NOT AFFIRMATIVELY 4
CORRECT THE AUTOMATIC VOTE R REGISTRATION UPDAT E NOTICE IN WRITING 5
WITHIN 21 DAYS AFTER THE MAILI NG OF THE AUTOMATIC VOTER REGISTRATION 6
UPDATE NOTICE , ELECTRONICALLY TRANS MIT THE VOTER REGIST RATION 7
INFORMATION OF THE A PPLICANT DIRECTLY TO THE STATE BOARD; OR 8
B. IF THE APPLICANT AFF IRMATIVELY CORRECTS THE 9
AUTOMATIC VOTER REGI STRATION UPDATE NOTI CE IN WRITING WITHIN 21 DAYS 10
AFTER THE MAILING OF THE AUTOMATIC VOTER REGISTRATION UPDATE NOTICE, 11
ELECTRONICALLY TRANS MIT THE CORRECTED VO TER REGISTRATION 12
INFORMATION OF THE APPLICANT DIR ECTLY TO THE STATE BOARD. 13
(II) THE EXCHANGE SHALL PROVID E AN ELECTRONIC MEAN S 14
BY WHICH AN APPLICAN T MAY CORRECT A VOTE R REGISTRATION UPDAT E UNDER 15
SUBPARAGRAPH (I)2B OF THIS PARAGRAPH . 16
(III) THE AUTOMATIC VOTER R EGISTRATION UPDA TE NOTICE 17
SENT UNDER SUBPARAGR APH (I)1 OF THIS PARAGRAPH SH ALL BE PRESCRIBED BY 18
THE EXCHANGE, IN COLLABORATION WIT H THE STATE BOARD, IN A FORMAT 19
SUBSTANTIALLY SIMILA R TO THE AUTOMATIC V OTER REGISTRATION UP DATE 20
NOTICE REQUIRED UNDE R SUBSECTION (E)(4) OF THIS SECTION. 21
(7) (I) IF AN APPLICANT IS NO T CURRENTLY REGISTER ED TO VOTE 22
IN THE STATE AND NO INFORMAT ION SUBMITTED BY THE APPLICANT TO THE 23
EXCHANGE INDICATES TH AT THE APPLICANT IS NOT QUALIFIED TO BEC OME A 24
REGISTERED VOTER , THE EXCHANGE SHALL : 25
1. WITHIN 5 BUSINESS DAYS AFTER THE RECEIPT OF THE 26
APPLICANT’S INFORMATION , CAUSE AN AUTOMATIC V OTER REGISTRATION NO TICE 27
TO BE SENT BY NONFOR WARDABLE MAIL TO THE APPLICANT; AND 28
2. A. IF THE APPLICANT DOE S NOT AFFIRMATIVELY 29
DECLINE TO BE REGIST ERED TO VOTE WITHIN 21 DAYS AFTER THE MAILI NG OF THE 30
AUTOMATIC VOTER REGI STRATION NOTICE , ELECTRONICALLY TRANS MIT THE 31
VOTER REGISTRATION I NFORMATION OF THE AP PLICANT DIRECTLY TO THE STATE 32
BOARD; OR 33
12 HOUSE BILL 1088
B. IF THE APPLICANT AFF IRMATIVELY DECLINES TO BE 1
REGISTERED TO VO TE, PREVENT THE TRANSMIS SION OF THE VOTER RE GISTRATION 2
INFORMATION OF THE A PPLICANT TO THE STATE BOARD. 3
(II) THE EXCHANGE SHALL PROVID E AN ELECTRONIC MEAN S 4
BY WHICH AN APPLICAN T MAY: 5
1. DECLINE VOTER REGIST RATION UNDER 6
SUBPARAGRAPH (I)2B OF THIS PARAGRAPH ; OR 7
2. SELECT A POLITICAL P ARTY AFFILIATION . 8
(III) THE AUTOMATIC VOTER R EGISTRATION NOTICE S ENT 9
UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH SH ALL BE PRESCRIBED BY THE 10
EXCHANGE, IN COLLABORATION WIT H THE STATE BOARD, IN A FORMAT 11
SUBSTANTIALLY SIMILAR TO THE AUTOMATIC VOTER REGI STRATION NOTICE 12
REQUIRED UNDER SUBSE CTION (F)(4) OF THIS SECTION. 13
(8) (I) FOR EACH APPLICANT WH OSE VOTER REGISTRATI ON 14
INFORMATION IS TRANS MITTED TO THE STATE BOARD UNDER PARAGRAPH (6) OF 15
THIS SUBSECTION , THE STATE BOARD SHALL: 16
1. CAUSE THE STATEWIDE VOTER REGISTRATION L IST 17
TO BE UPDATED ; AND 18
2. IF THE APPLICANT IS IN INACTIVE VOTER ST ATUS, 19
CAUSE THE APPLICANT TO BE RESTORED TO AC TIVE VOTER STATUS AS PROVIDED IN 20
§ 3–503 OF THIS TITLE. 21
(II) FOR EACH APPLICANT WHOSE VOTE R REGISTRATION 22
INFORMATION IS TRANS MITTED TO THE STATE BOARD UNDER PARAGRAPH (7) OF 23
THIS SUBSECTION , THE STATE BOARD SHALL CAUSE THE APPLICANT TO BE LIST ED 24
IN ACTIVE VOTER STAT US IN THE STATEWIDE VOTER REGISTRATION L IST. 25
(III) THE STATE BOARD MAY ASSIGN RESP ONSIBILITY FOR 26
PERFORMING SOME OR A LL OF THE PROCEDURES DESCRIBED IN SUBPARA GRAPHS 27
(I) AND (II) OF THIS PARAGRAPH TO THE LOCAL BOARDS . 28
(IV) IF THE STATE BOARD OR A LOCAL BOAR D, AFTER 29
REVIEWING THE VOTER REGISTRATION INFORMA TION RECEIVED BY THE STATE 30
BOARD UNDER PARAGRAPH (7) OF THIS SUBSECTION , DETERMINES THAT AN 31
APPLICANT IS CURRENT LY REGISTERED TO VOT E, THE STATE BOARD OR LOCAL 32 HOUSE BILL 1088 13
BOARD SHALL PROCESS THE VOTER REGISTRATI ON INFORMATION IN AC CORDANCE 1
WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH . 2
(9) THE PROCEDURES FOR AU TOMATIC VOTER REGIST RATION AT 3
THE EXCHANGE UNDER THIS S UBSECTION: 4
(I) ARE SUBJECT TO FEDER AL LAWS AND REGULATI ONS 5
GOVERNING APPLICABLE TRANSACTIONS AT THE EXCHANGE; AND 6
(II) MAY BE MODIFIED BY T HE EXCHANGE AND THE STATE 7
BOARD WHEN NECESSARY TO COMPLY WITH FEDER AL LAWS AND REGULATI ONS. 8
(10) (I) THE EXCHANGE MAY ASSIGN R ESPONSIBILITY FOR 9
PERFORMING SOME OR A LL OF THE PROCEDURES REQUIRED TO BE PERFO RMED BY 10
THE EXCHANGE UNDER THIS SUBSECTION TO A N AGENT OF THE EXCHANGE. 11
(II) SUBJECT TO FEDERAL LA WS AND REGULATIONS 12
GOVERNING APPLICABLE TRANSACTIONS , THE STATE BOARD MAY SERVE AS AN 13
AGENT OF THE EXCHANGE UNDER SUBPAR AGRAPH (I) OF THIS PARAGRAPH . 14
(H) THE STATE BOARD MAY: 15
(1) IDENTIFY ADDITIONAL STATE, FEDERAL, OR LOCAL AGENCIES 16
THAT, IN THE REGULAR COURS E OF BUSINESS , RELIABLY VERIFY APPL ICANTS’ 17
CITIZENSHIP BY VERIF YING DOCUMENTS OR TH ROUGH AN ELECTRONIC DATABASE 18
MATCH; AND 19
(2) WITH THE CONSENT OF THE AGENCY , IMPLEMENT THE 20
PROCEDURES FOR AUTOM ATIC VOTER REGISTRAT ION IN ACCORDANCE WI TH 21
SUBSECTION (F) OF THIS SECTION. 22
(I) THE STATE BOARD MAY: 23
(1) IDENTIFY ADDITIONAL STATE, FEDERAL, OR LOCAL AGENCIES 24
THAT, IN THE REGULAR COURS E OF BUSINESS , RELIABLY COLLECT SUF FICIENT 25
INFORMATION TO UPDAT E THE VOTER REGISTRA TION INFORMATION OF 26
APPLICANTS CURRENTLY REGISTERED TO VOTE I N THE STATE; AND 27
(2) WITH THE CONSENT OF THE AGENCY , IMPLEMENT THE 28
PROCEDURES FOR AUTOM ATIC VOTER REGISTRAT ION UPDATES IN ACCOR DANCE 29
WITH SUBSECTION (E) OF THIS SECTION. 30
14 HOUSE BILL 1088
(J) (1) THE PROCEDURES UNDER THIS SECTION MAY NOT APPLY TO AN 1
APPLICANT FOR AN APP LICABLE TRANSACTION WHO IS A PARTICIPANT IN THE 2
ADDRESS CONFIDENTIAL ITY PROGRAM UNDER TITLE 7, SUBTITLE 3 OF THE STATE 3
GOVERNMENT ARTICLE. 4
(2) THE ADMINISTRATION AND TH E EXCHANGE SHALL IMPLEM ENT 5
PROCEDURES THAT PREV ENT THE TRANSMISSION OF VOTER REGISTRATIO N 6
INFORMATION UNDER TH IS SECTION CONCERNIN G A PARTICIPANT IN T HE ADDRESS 7
CONFIDENTIALITY PROG RAM UNDER TITLE 7, SUBTITLE 3 OF THE STATE 8
GOVERNMEN T ARTICLE TO THE STATE BOARD. 9
(3) THE STATE BOARD OR THE EXCHANGE MAY EXCLUDE 10
PARTICIPANTS IN THE PERSONAL INFORMATION CONFIDENTIALITY PROG RAM 11
UNDER COMAR 33.04.02.01 THROUGH 33.04.02.07 FROM THE AUTOMATIC V OTER 12
REGISTRATION UPDATE PROCEDURE UNDER SUBS ECTION (E) OR (G)(6) OF THIS 13
SECTION OR MODIFY TH E PROCEDURE FOR PART ICIPANTS IN THE PROG RAM AS 14
NECESSARY. 15
(K) EXCEPT AS OTHERWISE P ROVIDED IN REGULATIO NS ADOPTED BY THE 16
STATE BOARD, THE PROCEDURES REQUI RED IN SUBSECTIONS (E), (F), AND (G)(8)(I) 17
AND (II) OF THIS SECTION DO N OT APPLY WHEN VOTER REGISTRATION IS CLOS ED 18
UNDER § 3–302 OF THIS TITLE. 19
(L) AN APPLICANT WHO IS S ENT AN AUTOMATIC VOT ER REGISTRATION 20
NOTICE UNDER THIS SE CTION: 21
(1) WHO DOES NOT AFFIRMA TIVELY DECLINE TO BE REGISTERED TO 22
VOTE WITHIN 21 DAYS AFTER THE MAILI NG OF THE AUTOMATIC VOTER 23
REGISTRATION NOTICE SHALL BE DEEMED TO H AVE BEEN REGISTERED ON THE 24
DATE OF THE APPLICAB LE TRANSACTION ; AND 25
(2) WHO AFFIRMATIVELY DE CLINES TO REGISTER T O VOTE WITHIN 21 26
DAYS AFTER THE MAILI NG OF THE AUTOM ATIC VOTER REGISTRAT ION NOTICE SHALL 27
BE DEEMED NEVER TO H AVE REGISTERED TO VO TE OR HAVE ATTEMPTED TO 28
REGISTER TO VOTE . 29
3–303. 30
(a) Notification of a change of party affiliation or a change to or from a decline 31
may be made: 32
(1) by information provided on a voter registration application by the same 33
methods provided for registration under Subtitle 2 of this title; 34
HOUSE BILL 1088 15
(2) by written notice, signed by the voter and sent by mail or otherwise 1
delivered to the local board in the county where the voter’s current voter registration 2
address is located or to which the voter has moved; 3
(3) by making application in person at the office of the local board in the 4
county where the voter’s current voter registration address is located or to which the voter 5
has moved; 6
(4) by information on a voter authority card or other appropriate form filled 7
out in a polling place; or 8
(5) by changing a name or address with the Motor Vehicle Administration. 9
(b) Party affiliation changes or changes to or from a decline: 10
(1) shall be processed at any time that registration is open; and 11
(2) except as provided in subsection (c) of this section, may not be processed 12
when registration is closed. 13
(c) If a local board receives a request for a party affiliation change after the close 14
of registration, the local board shall make the change and it shall become effective for the 15
next election provided: 16
(1) there is sufficient evidence, as determined by the local boards pursuant 17
to regulations adopted by the State Board, that the request was mailed on or before the 18
close of registration for that election; [or] 19
(2) the request was submitted by the voter to the Motor Vehicle 20
Administration, a voter registration agency, another local board, or the State Board on or 21
before the close of registration for that election; OR 22
(3) THE REQUEST WAS SUBM ITTED BY A VOTER: 23
(I) WHOSE VOTER REGISTRA TION INFORMATION W AS 24
TRANSMITTED TO THE STATE BOARD UNDER § 3–203.1(F) OR (G)(7) OF THIS TITLE; 25
(II) WHO HAS NOT AFFILIAT ED WITH A POLITICAL PARTY SINCE 26
THE TIME THE VOTER ’S VOTER REGISTRATION INFORMATION WAS SENT TO THE 27
STATE BOARD UNDER § 3–203.1(F) OR (G)(7) OF THIS TITLE; AND 28
(III) WHO MAKES THE REQUES T ON: 29
1. A VOTER AUTHORITY CA RD OR OTHER APPROPRI ATE 30
FORM FILLED OUT IN A POLLING PLACE ; OR 31
16 HOUSE BILL 1088
2. AN ABSENTEE BALLOT A PPLICATION. 1
3–503. 2
(a) If a voter fails to respond to a confirmation notice under § 3–502(c) of this 3
subtitle, the voter’s name shall be placed into inactive status on the statewide voter 4
registration list. 5
(b) A voter shall be restored to active status on the statewide voter registration 6
list after: 7
(1) completing and signing any of the following election documents: 8
[(1)] (I) a voter registration application; 9
[(2)] (II) a petition governed by Title 6 of this article; 10
[(3)] (III) a certificate of candidacy; 11
[(4)] (IV) an absentee ballot application; or 12
[(5)] (V) a written affirmation of residence completed on election day to 13
entitle the voter to vote either at the election district or precinct for the voter’s current 14
residence or the voter’s previous residence, as determined by the State Board; OR 15
(2) COMPLETING AN APPLICABLE TRANSA CTION THAT RESULTS I N 16
THE TRANSMISSION OF VOTER REGISTRATION I NFORMATION TO THE STATE BOARD 17
UNDER § 3–203.1(E) OR (G)(6) OF THIS TITLE. 18
(c) An inactive voter who fails to vote in an election in the period ending with the 19
second general election shall be removed from the statewide voter registration list. 20
(d) Registrants placed into inactive status may not be counted for official 21
administrative purposes including establishing precincts and reporting official statistics. 22
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
January 1, 2025. 24