EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1109*
HOUSE BILL 1109
G1 4lr1852
HB 1112/23 – W&M CF SB 1029
By: Delegates Ruth, Allen, Forbes, Guyton, Kaufman, McCaskill, Pasteur, Phillips,
Rosenberg, Stein, and White Holland
Introduced and read first time: February 7, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Registered Voter List and Petitions 2
(Ballot Petition Modernization Act) 3
FOR the purpose of requiring the State Board of Elections to adopt regulations for the 4
secure storage and use of voter data from the list of registered voters and specifying 5
procedures and requirements relating to electronic signatures; establishing and 6
altering certain provisions governing the petition process, including provisions 7
regarding the collection and invalidation of signatures, use of electronic signatures, 8
and attestations by petition circulators; repealing the prohibition on a person 9
willfully and knowingly signing a petition more than once; and generally relating to 10
the registered voter list and petitions. 11
BY repealing and reenacting, without amendments, 12
Article – Election Law 13
Section 1–101(a) and (y), 6–101(a), (d), and (i), and 6–210(b) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Election Law 18
Section 3–506(a), 6–103(a), 6–203, 6–204, 6–210(c), (d), and (e), and 16–401 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Election Law 23
Section 6–208.1 and 6–210(c) 24
Annotated Code of Maryland 25
(2022 Replacement Volume and 2023 Supplement) 26
2 HOUSE BILL 1109
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Election Law 3
1–101. 4
(a) In this article the following words have the meanings indicated unless a 5
different meaning is clearly intended from the context. 6
(y) “Electronic signature” means an electronic sound, symbol, or process attached 7
to or logically associated with a record and executed or adopted by a person with the intent 8
to sign the record. 9
3–506. 10
(a) (1) A copy of a list of registered voters shall be provided to a Maryland 11
registered voter on receipt of: 12
(i) a written application; and 13
(ii) a statement, signed under oath, that the list is not intended to be 14
used for: 15
1. commercial solicitation; or 16
2. any other purpose not related to the electoral process. 17
(2) In consultation with the local boards, the State Board shall adopt 18
regulations that specify: 19
(i) the time for a list to be provided under this subsection; 20
(ii) the authorization to be required for providing a list; 21
(iii) the fee to be paid for providing a list; 22
(iv) the information to be included on a list; 23
(v) that the residence address of an individual who is a participant 24
in an address confidentiality program may not be disclosed; 25
(vi) that a participant in an address confidentiality program is not 26
required to apply to the State Board to keep the individual’s residence address confidential; 27
(vii) the format of the information; [and] 28
HOUSE BILL 1109 3
(viii) the medium or media on which the information is to be provided; 1
AND 2
(IX) REQUIREMENTS FOR SEC URE STORAGE AND USE OF VOTE R 3
DATA. 4
6–101. 5
(a) In this title the following words have the meanings indicated. 6
(d) “Circulator” means an individual who attests to one or more signatures affixed 7
to a petition. 8
(i) “Petition” means all of the associated pages necessary to fulfill the 9
requirements of a process established by the law by which individuals affix their signatures 10
as evidence of support for: 11
(1) placing the name of an individual, the names of individuals, or a 12
question on the ballot at any election; 13
(2) the creation of a new political party; or 14
(3) the appointment of a charter board under Article XI–A, § 1A of the 15
Maryland Constitution. 16
6–103. 17
(a) (1) The State Board shall adopt regulations, consistent with this title, to 18
carry out the provisions of this title. 19
(2) The regulations shall: 20
(i) prescribe the form and content of petitions; 21
(ii) specify procedures for the circulation of petitions for signatures, 22
INCLUDING THE COLLEC TION OF ELECTRONIC S IGNATURES; 23
(III) SPECIFY THE REQUIREMENTS FOR THE VERIFICATION OF 24
ELECTRONIC SIGNATURE S ON ANY ELECTRONIC SIGNATURE PAGE ; 25
(IV) SPECIFY REQUIREMENTS FOR ACCESSIBILITY OF 26
ELECTRONIC SIGNATURE PAGES FOR PEOPLE WIT H DISABILITIES; 27
[(iii)] (V) specify procedures for the verification and counting of 28
signatures; and 29
4 HOUSE BILL 1109
[(iv)] (VI) provide any other procedural or technical requirements 1
that the State Board considers appropriate. 2
6–203. 3
(a) To sign a petition, an individual shall: 4
(1) sign the individual’s name [as it appears on the statewide voter 5
registration list or the individual’s surname of registration and at least one full given name 6
and the initials of any other names]; and 7
(2) include the following information, printed or typed, in the spaces 8
provided: 9
(i) the signer’s name as it was signed; 10
(ii) the signer’s address; 11
(iii) the date of signing; and 12
(iv) other information required by regulations adopted by the State 13
Board. 14
(b) ANY INFORMATION REQUE STED FROM AN INDIVID UAL SIGNING A 15
PETITION THAT IS NOT REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION SHAL L 16
BE CLEARLY MARKED AS OPTIONAL ON ANY SIGN ATURE PAGE. 17
(C) The signature of an individual shall be validated and counted if: 18
(1) the requirements of subsection (a) of this section have been satisfied; 19
(2) THE IDENTITY OF THE INDIVIDUAL REASONABL Y CAN BE 20
DETERMINED USING THE INFORMATION REQUIRED UNDER SUBSECTION (A) OF THIS 21
SECTION; 22
(3) the individual is a registered voter assigned to the county specified on 23
the signature page and, if applicable, in a particular geographic area of the county; 24
[(3) the individual has not previously signed the same petition;] 25
(4) the signature is attested by an affidavit appearing on the page on which 26
the signature appears; 27
(5) the date accompanying the signature is not later than the date of the 28
affidavit on the page; and 29
HOUSE BILL 1109 5
(6) if applicable, the signature was affixed within the requisite period of 1
time, as specified by law. 2
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 3
THE ELECTION AU THORITY REASONABLY C AN CONFIRM THE IDENT ITY OF AN 4
INDIVIDUAL, THE ELECTION AUTHORI TY MAY NOT INVALIDAT E THE INDIVIDUAL ’S 5
SIGNATURE BECAUSE TH E INDIVIDUAL SIGNED A PETITION USING A D ERIVATIVE OF 6
THE INDIVIDUAL ’S GIVEN NAME. 7
(2) IF AN INDIVIDUAL’S SURNAME ON A PETITION DOES N OT EXACTLY 8
MATCH THE INDIVIDUAL ’S SURNAME AS IT APPE ARS IN THE INDIVIDUA L’S VOTER 9
REGISTRATION RECORD , THE ELECTION AUTHORI TY SHALL INVALIDATE THE 10
INDIVIDUAL’S SIGNATURE. 11
(E) IF AN INDIVIDUAL SIGN S THE SAME PETITION MORE THAN ONCE : 12
(1) THE FIRST SIGNATURE OF THAT INDIVIDUAL T O BE VALIDATED 13
SHALL BE COUNTED ; AND 14
(2) ANY SUBSEQUENT SIGNA TURE OF THAT INDIVID UAL ON THE SAME 15
PETITION SHALL BE IN VALIDATED. 16
(F) (1) A PETITION MAY CONTAIN THE ELECTRONIC SIGNA TURES OF: 17
(I) INDIVIDUALS SIGNING THE PETITION; OR 18
(II) CIRCULATORS CIRCULAT ING ANY OF THE SIGNA TURE 19
PAGES FILED WITH THE PETITION. 20
(2) (I) AN ELECTRONIC SIGNATU RE SHALL BE ELECTRON ICALLY 21
SIGNED, TYPED, OR AFFIXED ONTO A FO RM PRESCRIBED BY THE STATE BOARD. 22
(II) AN ELECTRONIC SIGNATU RE MUST REFLECT THE 23
AFFIRMATIVE ACTION O F THE SIGNER TO ELEC TRONICALLY SIGN , TYPE, OR AFFIX 24
THE SIGNER’S NAME ONTO THE SIGN ATURE PAGE OF A PETI TION. 25
(3) (I) THE CIRCULATOR WHO AT TESTS TO AN ELECTRON IC 26
SIGNATURE ON A PETIT ION SHALL PERSONALLY OBSERVE THE SIGNER OF THE 27
ELECTRONIC SIGNATURE WHILE THE SIGNER IS PROVIDING THE SIGNAT URE. 28
(II) A CIRCULATOR MAY NOT A TTEST TO THE PERSONA L 29
OBSERVATION OF AN EL ECTRONIC SIGNATURE U NDER SUBPARAGRAPH (I) OF THIS 30
PARAGRAPH IF THE CIR CULATOR WITNESSED THE SIGNIN G REMOTELY. 31
6 HOUSE BILL 1109
[(c)] (G) (1) A signature may be removed: 1
(i) by the signer upon written application to the election authority 2
with which the petition will be filed if the application is received by the election authority 3
prior to the filing of that signature; or 4
(ii) prior to the filing of that signature, by the circulator who attested 5
to that signature or by the sponsor of the petition, if it is concluded that the signature does 6
not satisfy the requirements of this title. 7
(2) A signature removed pursuant to paragraph (1)(ii) of this subsection 8
may not be included in the number of signatures stated on the information page included 9
in the petition. 10
6–204. 11
(a) Each signature page shall contain an affidavit made and executed by the 12
individual in whose presence all of the signatures on that page were affixed and who 13
observed each of those signatures being affixed. 14
(b) The affidavit shall contain the statements, required by regulation, designed 15
to assure the validity of the signatures and the fairness of the petition process. 16
(c) A circulator must be at least 18 years old at the time any of the signatures 17
covered by the affidavit are affixed. 18
(D) AN INDIVIDUAL SIGNER MAY: 19
(1) EXECUTE AS CIRCULATO R AN AFFIDAVIT THAT COVERS T HE 20
INDIVIDUAL’S OWN SIGNATURE ; AND 21
(2) ATTEST IN THE AFFIDAVIT TO THE VALIDITY OF T HE INDIVIDUAL’S 22
OWN SIGNATURE . 23
6–208.1. 24
(A) AFTER THE CHIEF ELECT ION OFFICIAL OF THE ELECTION AUTHORITY 25
NOTIFIES THE SPONSOR OF A DEFICIENCY IN A PETITION UNDER § 6–208 OF THIS 26
SUBTITLE, THE CHIEF ELECTION O FFICIAL SHALL MAKE A VAILABLE TO THE 27
SPONSOR A PHYSICAL O R ELECTRONIC COPY OF THE PETITION THAT INDICATES THE 28
PARTICULAR DEFICIENC IES FOR EACH INVALID ATED SIGNATURE . 29
(B) THE CHIEF ELECTION OF FICIAL MAY CHARGE A REASONABLE FEE THAT 30
DOES NOT EXCEED THE COST OF PRODUCIN G THE COPY OF THE PE TITION REQUIRED 31
UNDER SUBSECTION (A) OF THIS SECTION. 32 HOUSE BILL 1109 7
(C) (1) AN ELIGIBLE REGISTERE D VOTER WHO SIGNED A PETITION BUT 1
WHOSE SIGNATURE WAS INVALIDATED MAY CORR ECT TECHNICAL DEFICI ENCIES, 2
INCLUDING MISSING , PARTIAL, OR MISSPELLED NAMES , ADDRESSES, OR DATES, BY 3
SUBMITTING A NEW SIG NATURE PAGE TO THE E LECTION AUTHORITY US ING ANY 4
METHOD OF SUBMISSION AUTHORIZED BY THIS T ITLE. 5
(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT ALLOW NEW 6
SIGNATURES TO BE ADDED TO A PETITION AFTER THE DEADLINE FOR SUB MISSION 7
OF THE PETITION UNDE R APPLICABLE LAW . 8
6–210. 9
(b) Within 2 business days after an advance determination under § 6–202 of this 10
subtitle, or a determination of deficiency under § 6–206 or § 6–208 of this subtitle, the chief 11
election official of the election authority shall notify the sponsor of the determination. 12
(C) THE CHIEF ELECTION OF FICIAL SHALL MAKE A COPY OF A PETITION 13
AVAILABLE TO THE SPO NSOR UNDER § 6–208.1(A) OF THIS SUBTITLE: 14
(1) WITHIN 1 BUSINESS DAY AFTER P AYMENT OF ANY FEE RE QUIRED 15
UNDER § 6–208.1(B) OF THIS SUBTITLE; OR 16
(2) IF A FEE IS NOT REQUIRED UNDER § 6–208.1(B) OF THIS SUBTITLE, 17
WITHIN 1 BUSINESS DAY AFTER T HE CHIEF ELECTION OF FICIAL NOTIFIES THE 18
SPONSOR OF A DE FICIENCY IN A PETITI ON UNDER § 6–208(A)(2) OF THIS SUBTITLE. 19
[(c)] (D) (1) Except as provided in paragraph (2) of this subsection, the 20
verification and counting of validated signatures on a petition shall be completed within 20 21
days after the filing of the petition. 22
(2) If a petition seeks to place the name of an individual on the ballot for a 23
special election, the verification and counting of validated signatures on the petition shall 24
be completed within 10 days after the filing of the petition. 25
[(d)] (E) Within 1 business day of the completion of the verification and counting 26
processes, or, if judicial review is pending, within 1 business day after a final judicial 27
decision, the appropriate election official shall make the certifications required by § 6–208 28
of this subtitle. 29
[(e)] (F) (1) Except as provided in paragraph (2) of this subsection, any 30
judicial review of a determination, as provided in § 6–209 of this subtitle, shall be sought 31
by the 10th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to 32
which the judicial review relates. 33
8 HOUSE BILL 1109
(2) (i) If the petition seeks to place the name of an individual or a 1
question on the ballot at any election, except a presidential primary election, judicial review 2
shall be sought by the day specified in paragraph (1) of this subsection or the 69th day 3
preceding that election, whichever day is earlier. 4
(ii) If the petition seeks to place the name of an individual on the 5
ballot for a presidential primary election in accordance with § 8–502 of this article, judicial 6
review of a determination made under § 6–208(a)(2) of this subtitle shall be sought by the 7
5th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to which 8
the judicial review relates. 9
(iii) If the petition seeks to place the name of an individual on the 10
ballot for a special election, judicial review shall be sought by the 2nd day following the 11
DATE THE SPONSOR IS NOTIFIED OF THE determination to which the judicial review 12
relates. 13
(3) (i) A judicial proceeding under this subsection shall be conducted in 14
accordance with the Maryland Rules, except that: 15
1. the case shall be heard and decided without a jury and as 16
expeditiously as the circumstances require; and 17
2. an appeal shall be taken directly to the Court of Appeals 18
within 5 days after the date of the decision of the circuit court. 19
(ii) The Supreme Court of Maryland shall give priority to hear and 20
decide an appeal brought under subparagraph (i)2 of this paragraph as expeditiously as the 21
circumstances require. 22
16–401. 23
(a) A person may not willfully and knowingly: 24
(1) give, transfer, promise, or offer anything of value for the purpose of 25
inducing another person to sign or not sign any petition; 26
(2) request, receive, or agree to receive, anything of value as an inducement 27
to sign or not to sign any petition; 28
(3) misrepresent any fact for the purpose of inducing another person to sign 29
or not to sign any petition; 30
(4) sign the name of any other person to a petition; 31
(5) falsify any signature or purported signature to a petition; 32
(6) obtain, or attempt to obtain, any signature to a petition by fraud, 33 HOUSE BILL 1109 9
duress, or force; 1
(7) circulate, cause to be circulated, or file with an election authority a 2
petition that contains any false, forged, or fictitious signatures; 3
(8) sign a petition that the person is not legally qualified to sign; OR 4
(9) [sign a petition more than once; or 5
(10)] alter any petition after it is filed with the election authority. 6
(b) Each violation of this section shall be considered a separate offense. 7
(c) A person who violates this section is guilty of a misdemeanor and is subject to 8
the penalties provided in Subtitle 10 of this title. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11