Maryland 2024 Regular Session

Maryland House Bill HB1109 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1109
6	6
7	7	HOUSE BILL 1109
8	8	G1 4lr1852
9	9	HB 1112/23 – W&M CF SB 1029
10	10	By: Delegates Ruth, Allen, Forbes, Guyton, Kaufman, McCaskill, Pasteur, Phillips,
11	11	Rosenberg, Stein, and White Holland
12	12	Introduced and read first time: February 7, 2024
13	13	Assigned to: Ways and Means
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Election Law – Registered Voter List and Petitions 2
20	20	(Ballot Petition Modernization Act) 3
21	21
22	22	FOR the purpose of requiring the State Board of Elections to adopt regulations for the 4
23	23	secure storage and use of voter data from the list of registered voters and specifying 5
24	24	procedures and requirements relating to electronic signatures; establishing and 6
25	25	altering certain provisions governing the petition process, including provisions 7
26	26	regarding the collection and invalidation of signatures, use of electronic signatures, 8
27	27	and attestations by petition circulators; repealing the prohibition on a person 9
28	28	willfully and knowingly signing a petition more than once; and generally relating to 10
29	29	the registered voter list and petitions. 11
30	30
31	31	BY repealing and reenacting, without amendments, 12
32	32	Article – Election Law 13
33	33	Section 1–101(a) and (y), 6–101(a), (d), and (i), and 6–210(b) 14
34	34	Annotated Code of Maryland 15
35	35	(2022 Replacement Volume and 2023 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – Election Law 18
39	39	Section 3–506(a), 6–103(a), 6–203, 6–204, 6–210(c), (d), and (e), and 16–401 19
40	40	Annotated Code of Maryland 20
41	41	(2022 Replacement Volume and 2023 Supplement) 21
42	42
43	43	BY adding to 22
44	44	Article – Election Law 23
45	45	Section 6–208.1 and 6–210(c) 24
46	46	Annotated Code of Maryland 25
47	47	(2022 Replacement Volume and 2023 Supplement) 26
48	48	2 HOUSE BILL 1109
49	49
50	50
51	51	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52	52	That the Laws of Maryland read as follows: 2
53	53
54	54	Article – Election Law 3
55	55
56	56	1–101. 4
57	57
58	58	(a) In this article the following words have the meanings indicated unless a 5
59	59	different meaning is clearly intended from the context. 6
60	60
61	61	(y) “Electronic signature” means an electronic sound, symbol, or process attached 7
62	62	to or logically associated with a record and executed or adopted by a person with the intent 8
63	63	to sign the record. 9
64	64
65	65	3–506. 10
66	66
67	67	(a) (1) A copy of a list of registered voters shall be provided to a Maryland 11
68	68	registered voter on receipt of: 12
69	69
70	70	(i) a written application; and 13
71	71
72	72	(ii) a statement, signed under oath, that the list is not intended to be 14
73	73	used for: 15
74	74
75	75	1. commercial solicitation; or 16
76	76
77	77	2. any other purpose not related to the electoral process. 17
78	78
79	79	(2) In consultation with the local boards, the State Board shall adopt 18
80	80	regulations that specify: 19
81	81
82	82	(i) the time for a list to be provided under this subsection; 20
83	83
84	84	(ii) the authorization to be required for providing a list; 21
85	85
86	86	(iii) the fee to be paid for providing a list; 22
87	87
88	88	(iv) the information to be included on a list; 23
89	89
90	90	(v) that the residence address of an individual who is a participant 24
91	91	in an address confidentiality program may not be disclosed; 25
92	92
93	93	(vi) that a participant in an address confidentiality program is not 26
94	94	required to apply to the State Board to keep the individual’s residence address confidential; 27
95	95
96	96	(vii) the format of the information; [and] 28
97	97	HOUSE BILL 1109 3
98	98
99	99
100	100	(viii) the medium or media on which the information is to be provided; 1
101	101	AND 2
102	102
103	103	(IX) REQUIREMENTS FOR SEC URE STORAGE AND USE OF VOTE R 3
104	104	DATA. 4
105	105
106	106	6–101. 5
107	107
108	108	(a) In this title the following words have the meanings indicated. 6
109	109
110	110	(d) “Circulator” means an individual who attests to one or more signatures affixed 7
111	111	to a petition. 8
112	112
113	113	(i) “Petition” means all of the associated pages necessary to fulfill the 9
114	114	requirements of a process established by the law by which individuals affix their signatures 10
115	115	as evidence of support for: 11
116	116
117	117	(1) placing the name of an individual, the names of individuals, or a 12
118	118	question on the ballot at any election; 13
119	119
120	120	(2) the creation of a new political party; or 14
121	121
122	122	(3) the appointment of a charter board under Article XI–A, § 1A of the 15
123	123	Maryland Constitution. 16
124	124
125	125	6–103. 17
126	126
127	127	(a) (1) The State Board shall adopt regulations, consistent with this title, to 18
128	128	carry out the provisions of this title. 19
129	129
130	130	(2) The regulations shall: 20
131	131
132	132	(i) prescribe the form and content of petitions; 21
133	133
134	134	(ii) specify procedures for the circulation of petitions for signatures, 22
135	135	INCLUDING THE COLLEC TION OF ELECTRONIC S IGNATURES; 23
136	136
137	137	(III) SPECIFY THE REQUIREMENTS FOR THE VERIFICATION OF 24
138	138	ELECTRONIC SIGNATURE S ON ANY ELECTRONIC SIGNATURE PAGE ; 25
139	139
140	140	(IV) SPECIFY REQUIREMENTS FOR ACCESSIBILITY OF 26
141	141	ELECTRONIC SIGNATURE PAGES FOR PEOPLE WIT H DISABILITIES; 27
142	142
143	143	[(iii)] (V) specify procedures for the verification and counting of 28
144	144	signatures; and 29
145	145	4 HOUSE BILL 1109
146	146
147	147
148	148	[(iv)] (VI) provide any other procedural or technical requirements 1
149	149	that the State Board considers appropriate. 2
150	150
151	151	6–203. 3
152	152
153	153	(a) To sign a petition, an individual shall: 4
154	154
155	155	(1) sign the individual’s name [as it appears on the statewide voter 5
156	156	registration list or the individual’s surname of registration and at least one full given name 6
157	157	and the initials of any other names]; and 7
158	158
159	159	(2) include the following information, printed or typed, in the spaces 8
160	160	provided: 9
161	161
162	162	(i) the signer’s name as it was signed; 10
163	163
164	164	(ii) the signer’s address; 11
165	165
166	166	(iii) the date of signing; and 12
167	167
168	168	(iv) other information required by regulations adopted by the State 13
169	169	Board. 14
170	170
171	171	(b) ANY INFORMATION REQUE STED FROM AN INDIVID UAL SIGNING A 15
172	172	PETITION THAT IS NOT REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION SHAL L 16
173	173	BE CLEARLY MARKED AS OPTIONAL ON ANY SIGN ATURE PAGE. 17
174	174
175	175	(C) The signature of an individual shall be validated and counted if: 18
176	176
177	177	(1) the requirements of subsection (a) of this section have been satisfied; 19
178	178
179	179	(2) THE IDENTITY OF THE INDIVIDUAL REASONABL Y CAN BE 20
180	180	DETERMINED USING THE INFORMATION REQUIRED UNDER SUBSECTION (A) OF THIS 21
181	181	SECTION; 22
182	182
183	183	(3) the individual is a registered voter assigned to the county specified on 23
184	184	the signature page and, if applicable, in a particular geographic area of the county; 24
185	185
186	186	[(3) the individual has not previously signed the same petition;] 25
187	187
188	188	(4) the signature is attested by an affidavit appearing on the page on which 26
189	189	the signature appears; 27
190	190
191	191	(5) the date accompanying the signature is not later than the date of the 28
192	192	affidavit on the page; and 29
193	193	HOUSE BILL 1109 5
194	194
195	195
196	196	(6) if applicable, the signature was affixed within the requisite period of 1
197	197	time, as specified by law. 2
198	198
199	199	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 3
200	200	THE ELECTION AU THORITY REASONABLY C AN CONFIRM THE IDENT ITY OF AN 4
201	201	INDIVIDUAL, THE ELECTION AUTHORI TY MAY NOT INVALIDAT E THE INDIVIDUAL ’S 5
202	202	SIGNATURE BECAUSE TH E INDIVIDUAL SIGNED A PETITION USING A D ERIVATIVE OF 6
203	203	THE INDIVIDUAL ’S GIVEN NAME. 7
204	204
205	205	(2) IF AN INDIVIDUAL’S SURNAME ON A PETITION DOES N OT EXACTLY 8
206	206	MATCH THE INDIVIDUAL ’S SURNAME AS IT APPE ARS IN THE INDIVIDUA L’S VOTER 9
207	207	REGISTRATION RECORD , THE ELECTION AUTHORI TY SHALL INVALIDATE THE 10
208	208	INDIVIDUAL’S SIGNATURE. 11
209	209
210	210	(E) IF AN INDIVIDUAL SIGN S THE SAME PETITION MORE THAN ONCE : 12
211	211
212	212	(1) THE FIRST SIGNATURE OF THAT INDIVIDUAL T O BE VALIDATED 13
213	213	SHALL BE COUNTED ; AND 14
214	214
215	215	(2) ANY SUBSEQUENT SIGNA TURE OF THAT INDIVID UAL ON THE SAME 15
216	216	PETITION SHALL BE IN VALIDATED. 16
217	217
218	218	(F) (1) A PETITION MAY CONTAIN THE ELECTRONIC SIGNA TURES OF: 17
219	219
220	220	(I) INDIVIDUALS SIGNING THE PETITION; OR 18
221	221
222	222	(II) CIRCULATORS CIRCULAT ING ANY OF THE SIGNA TURE 19
223	223	PAGES FILED WITH THE PETITION. 20
224	224
225	225	(2) (I) AN ELECTRONIC SIGNATU RE SHALL BE ELECTRON ICALLY 21
226	226	SIGNED, TYPED, OR AFFIXED ONTO A FO RM PRESCRIBED BY THE STATE BOARD. 22
227	227
228	228	(II) AN ELECTRONIC SIGNATU RE MUST REFLECT THE 23
229	229	AFFIRMATIVE ACTION O F THE SIGNER TO ELEC TRONICALLY SIGN , TYPE, OR AFFIX 24
230	230	THE SIGNER’S NAME ONTO THE SIGN ATURE PAGE OF A PETI TION. 25
231	231
232	232	(3) (I) THE CIRCULATOR WHO AT TESTS TO AN ELECTRON IC 26
233	233	SIGNATURE ON A PETIT ION SHALL PERSONALLY OBSERVE THE SIGNER OF THE 27
234	234	ELECTRONIC SIGNATURE WHILE THE SIGNER IS PROVIDING THE SIGNAT URE. 28
235	235
236	236	(II) A CIRCULATOR MAY NOT A TTEST TO THE PERSONA L 29
237	237	OBSERVATION OF AN EL ECTRONIC SIGNATURE U NDER SUBPARAGRAPH (I) OF THIS 30
238	238	PARAGRAPH IF THE CIR CULATOR WITNESSED THE SIGNIN G REMOTELY. 31
239	239	6 HOUSE BILL 1109
240	240
241	241
242	242	[(c)] (G) (1) A signature may be removed: 1
243	243
244	244	(i) by the signer upon written application to the election authority 2
245	245	with which the petition will be filed if the application is received by the election authority 3
246	246	prior to the filing of that signature; or 4
247	247
248	248	(ii) prior to the filing of that signature, by the circulator who attested 5
249	249	to that signature or by the sponsor of the petition, if it is concluded that the signature does 6
250	250	not satisfy the requirements of this title. 7
251	251
252	252	(2) A signature removed pursuant to paragraph (1)(ii) of this subsection 8
253	253	may not be included in the number of signatures stated on the information page included 9
254	254	in the petition. 10
255	255
256	256	6–204. 11
257	257
258	258	(a) Each signature page shall contain an affidavit made and executed by the 12
259	259	individual in whose presence all of the signatures on that page were affixed and who 13
260	260	observed each of those signatures being affixed. 14
261	261
262	262	(b) The affidavit shall contain the statements, required by regulation, designed 15
263	263	to assure the validity of the signatures and the fairness of the petition process. 16
264	264
265	265	(c) A circulator must be at least 18 years old at the time any of the signatures 17
266	266	covered by the affidavit are affixed. 18
267	267
268	268	(D) AN INDIVIDUAL SIGNER MAY: 19
269	269
270	270	(1) EXECUTE AS CIRCULATO R AN AFFIDAVIT THAT COVERS T HE 20
271	271	INDIVIDUAL’S OWN SIGNATURE ; AND 21
272	272
273	273	(2) ATTEST IN THE AFFIDAVIT TO THE VALIDITY OF T HE INDIVIDUAL’S 22
274	274	OWN SIGNATURE . 23
275	275
276	276	6–208.1. 24
277	277
278	278	(A) AFTER THE CHIEF ELECT ION OFFICIAL OF THE ELECTION AUTHORITY 25
279	279	NOTIFIES THE SPONSOR OF A DEFICIENCY IN A PETITION UNDER § 6–208 OF THIS 26
280	280	SUBTITLE, THE CHIEF ELECTION O FFICIAL SHALL MAKE A VAILABLE TO THE 27
281	281	SPONSOR A PHYSICAL O R ELECTRONIC COPY OF THE PETITION THAT INDICATES THE 28
282	282	PARTICULAR DEFICIENC IES FOR EACH INVALID ATED SIGNATURE . 29
283	283
284	284	(B) THE CHIEF ELECTION OF FICIAL MAY CHARGE A REASONABLE FEE THAT 30
285	285	DOES NOT EXCEED THE COST OF PRODUCIN G THE COPY OF THE PE TITION REQUIRED 31
286	286	UNDER SUBSECTION (A) OF THIS SECTION. 32 HOUSE BILL 1109 7
287	287
288	288
289	289
290	290	(C) (1) AN ELIGIBLE REGISTERE D VOTER WHO SIGNED A PETITION BUT 1
291	291	WHOSE SIGNATURE WAS INVALIDATED MAY CORR ECT TECHNICAL DEFICI ENCIES, 2
292	292	INCLUDING MISSING , PARTIAL, OR MISSPELLED NAMES , ADDRESSES, OR DATES, BY 3
293	293	SUBMITTING A NEW SIG NATURE PAGE TO THE E LECTION AUTHORITY US ING ANY 4
294	294	METHOD OF SUBMISSION AUTHORIZED BY THIS T ITLE. 5
295	295
296	296	(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT ALLOW NEW 6
297	297	SIGNATURES TO BE ADDED TO A PETITION AFTER THE DEADLINE FOR SUB MISSION 7
298	298	OF THE PETITION UNDE R APPLICABLE LAW . 8
299	299
300	300	6–210. 9
301	301
302	302	(b) Within 2 business days after an advance determination under § 6–202 of this 10
303	303	subtitle, or a determination of deficiency under § 6–206 or § 6–208 of this subtitle, the chief 11
304	304	election official of the election authority shall notify the sponsor of the determination. 12
305	305
306	306	(C) THE CHIEF ELECTION OF FICIAL SHALL MAKE A COPY OF A PETITION 13
307	307	AVAILABLE TO THE SPO NSOR UNDER § 6–208.1(A) OF THIS SUBTITLE: 14
308	308
309	309	(1) WITHIN 1 BUSINESS DAY AFTER P AYMENT OF ANY FEE RE QUIRED 15
310	310	UNDER § 6–208.1(B) OF THIS SUBTITLE; OR 16
311	311
312	312	(2) IF A FEE IS NOT REQUIRED UNDER § 6–208.1(B) OF THIS SUBTITLE, 17
313	313	WITHIN 1 BUSINESS DAY AFTER T HE CHIEF ELECTION OF FICIAL NOTIFIES THE 18
314	314	SPONSOR OF A DE FICIENCY IN A PETITI ON UNDER § 6–208(A)(2) OF THIS SUBTITLE. 19
315	315
316	316	[(c)] (D) (1) Except as provided in paragraph (2) of this subsection, the 20
317	317	verification and counting of validated signatures on a petition shall be completed within 20 21
318	318	days after the filing of the petition. 22
319	319
320	320	(2) If a petition seeks to place the name of an individual on the ballot for a 23
321	321	special election, the verification and counting of validated signatures on the petition shall 24
322	322	be completed within 10 days after the filing of the petition. 25
323	323
324	324	[(d)] (E) Within 1 business day of the completion of the verification and counting 26
325	325	processes, or, if judicial review is pending, within 1 business day after a final judicial 27
326	326	decision, the appropriate election official shall make the certifications required by § 6–208 28
327	327	of this subtitle. 29
328	328
329	329	[(e)] (F) (1) Except as provided in paragraph (2) of this subsection, any 30
330	330	judicial review of a determination, as provided in § 6–209 of this subtitle, shall be sought 31
331	331	by the 10th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to 32
332	332	which the judicial review relates. 33
333	333	8 HOUSE BILL 1109
334	334
335	335
336	336	(2) (i) If the petition seeks to place the name of an individual or a 1
337	337	question on the ballot at any election, except a presidential primary election, judicial review 2
338	338	shall be sought by the day specified in paragraph (1) of this subsection or the 69th day 3
339	339	preceding that election, whichever day is earlier. 4
340	340
341	341	(ii) If the petition seeks to place the name of an individual on the 5
342	342	ballot for a presidential primary election in accordance with § 8–502 of this article, judicial 6
343	343	review of a determination made under § 6–208(a)(2) of this subtitle shall be sought by the 7
344	344	5th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to which 8
345	345	the judicial review relates. 9
346	346
347	347	(iii) If the petition seeks to place the name of an individual on the 10
348	348	ballot for a special election, judicial review shall be sought by the 2nd day following the 11
349	349	DATE THE SPONSOR IS NOTIFIED OF THE determination to which the judicial review 12
350	350	relates. 13
351	351
352	352	(3) (i) A judicial proceeding under this subsection shall be conducted in 14
353	353	accordance with the Maryland Rules, except that: 15
354	354
355	355	1. the case shall be heard and decided without a jury and as 16
356	356	expeditiously as the circumstances require; and 17
357	357
358	358	2. an appeal shall be taken directly to the Court of Appeals 18
359	359	within 5 days after the date of the decision of the circuit court. 19
360	360
361	361	(ii) The Supreme Court of Maryland shall give priority to hear and 20
362	362	decide an appeal brought under subparagraph (i)2 of this paragraph as expeditiously as the 21
363	363	circumstances require. 22
364	364
365	365	16–401. 23
366	366
367	367	(a) A person may not willfully and knowingly: 24
368	368
369	369	(1) give, transfer, promise, or offer anything of value for the purpose of 25
370	370	inducing another person to sign or not sign any petition; 26
371	371
372	372	(2) request, receive, or agree to receive, anything of value as an inducement 27
373	373	to sign or not to sign any petition; 28
374	374
375	375	(3) misrepresent any fact for the purpose of inducing another person to sign 29
376	376	or not to sign any petition; 30
377	377
378	378	(4) sign the name of any other person to a petition; 31
379	379
380	380	(5) falsify any signature or purported signature to a petition; 32
381	381
382	382	(6) obtain, or attempt to obtain, any signature to a petition by fraud, 33 HOUSE BILL 1109 9
383	383
384	384
385	385	duress, or force; 1
386	386
387	387	(7) circulate, cause to be circulated, or file with an election authority a 2
388	388	petition that contains any false, forged, or fictitious signatures; 3
389	389
390	390	(8) sign a petition that the person is not legally qualified to sign; OR 4
391	391
392	392	(9) [sign a petition more than once; or 5
393	393
394	394	(10)] alter any petition after it is filed with the election authority. 6
395	395
396	396	(b) Each violation of this section shall be considered a separate offense. 7
397	397
398	398	(c) A person who violates this section is guilty of a misdemeanor and is subject to 8
399	399	the penalties provided in Subtitle 10 of this title. 9
400	400
401	401	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
402	402	October 1, 2024. 11
403	403