EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0627*
HOUSE BILL 627
G1 4lr2171
By: Delegate Wilkins
Introduced and read first time: January 25, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Automatic Voter Registration – State Correctional Facilities 2
FOR the purpose of altering the definitions of “automatic voter registration agency” and 3
“applicable transaction” for the purpose of designating the Department of Public 4
Safety and Correctional Services as an automatic voter registration agency and 5
requiring the Department to register qualified individuals to vote when they are 6
released from confinement at a State correctional facility; requiring the Department 7
to implement an automatic voter registration system on or before a certain date; and 8
generally relating to automatic voter registration at State correctional facilities. 9
BY repealing and reenacting, with amendments, 10
Article – Election Law 11
Section 3–203 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Election Law 17
3–203. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) (i) “Applicable transaction” means: 20
1. at the Motor Vehicle Administration, an initial application 21
for or renewal of a driver’s license or identification card, or a change of name or address on 22
an existing driver’s license or identification card, or any other transaction in which the 23 2 HOUSE BILL 627
Motor Vehicle Administration obtains all of the information from an applicant that satisfies 1
the requirements to register to vote; 2
2. at the Maryland Health Benefit Exchange, any application 3
for or renewal of health insurance coverage; 4
3. at a local department of social services, an initial 5
application for a State or federally funded public assistance program or an application for 6
a recertification, renewal, or change of name or address relating to a State or federally 7
funded public assistance program; [or] 8
4. at the Mobility Certification Office in the Maryland 9
Transit Administration, an initial application for paratransit service or an application for 10
recertification for paratransit service; OR 11
5. AT THE DEPARTMENT OF PUBLIC SAFETY AND 12
CORRECTIONAL SERVICES, THE RELEASE OF AN IN DIVIDUAL CONFINED AT A STATE 13
CORRECTIONAL FACILITY. 14
(ii) “Applicable transaction” includes any transaction described in 15
subparagraph (i) of this paragraph that is completed online. 16
(3) “Automatic voter registration agency” means: 17
(i) the Motor Vehicle Administration; 18
(ii) the Maryland Health Benefit Exchange; 19
(iii) local departments of social services; [and] 20
(iv) the Mobility Certification Office in the Maryland Transit 21
Administration; AND 22
(V) THE DEPARTMENT OF PUBLIC SAFETY AND 23
CORRECTIONAL SERVICES. 24
(4) “Automatic voter registration system” means a system that, as an 25
integral part of each applicable transaction at an automatic voter registration agency: 26
(i) informs an applicant: 27
1. that the applicant shall be registered to vote or shall have 28
a voter registration record updated, if applicable, unless the applicant declines to register 29
to vote or update a voter registration record or if the applicant is not eligible to register to 30
vote; 31
HOUSE BILL 627 3
2. of the qualifications to register to vote under § 3–102 of 1
this title; 2
3. that the applicant should not register if the applicant does 3
not meet all the qualifications; 4
4. of the penalties for the submission of a false application; 5
and 6
5. that voter registration is voluntary and that neither 7
registering nor declining to register to vote will in any way affect the availability of services 8
or benefits; 9
(ii) requires the electronic signature of the applicant, subject to the 10
penalties for perjury, by which the applicant attests that the information provided by the 11
applicant is true and that the applicant meets all the qualifications to become a registered 12
voter, including United States citizenship; and 13
(iii) electronically transmits the voter registration information of 14
each applicant who does not decline to register to vote or update a voter registration record 15
directly to the State Board: 16
1. in a manner and format specified jointly by the automatic 17
voter registration agency and the State Board; and 18
2. within 5 days of the applicable transaction. 19
(5) “Local department of social services” means: 20
(i) the local departments of social services in the Department of 21
Human Services; and 22
(ii) the Montgomery County Department of Health and Human 23
Services. 24
(6) “STATE CORRECTIONAL FA CILITY” HAS THE MEANING STAT ED IN 25
§ 1–101 OF THE CORRECTIONAL SERVICES ARTICLE. 26
(b) (1) Except as provided in paragraph (2) of this subsection, an automatic 27
voter registration agency shall implement an automatic voter registration system on or 28
before July 1, 2019. 29
(2) (I) A local department of social services shall implement an 30
automatic voter registration system on or before December 1, 2019. 31
4 HOUSE BILL 627
(II) THE DEPARTMENT OF PUBLIC SAFETY AND 1
CORRECTIONAL SERVICES SHALL IMPLEM ENT AN AUTOMATIC VOT ER 2
REGISTRATION SYSTEM ON OR BEFORE JANUARY 1, 2025. 3
(c) An automatic voter registration system: 4
(1) may not require any information that duplicates the information 5
required to complete an applicable transaction; 6
(2) shall require only the minimum amount of information necessary for 7
both an applicable transaction and a voter registration to: 8
(i) prevent duplicate voter registration; and 9
(ii) enable election officials to review the eligibility of an applicant 10
and to administer voter registration and other aspects of the election process; and 11
(3) shall inform an applicant that if the applicant does not select a political 12
party affiliation, the individual will be designated as not affiliated with a political party 13
and will be unable to vote in a party primary election. 14
(d) An agent of an automatic voter registration agency who is responsible for 15
carrying out the requirements of this section may not: 16
(1) seek to influence an applicant’s political preference or party 17
registration; 18
(2) display any political preference or party allegiance; or 19
(3) make any statement to an applicant or take any action the purpose or 20
effect of which is to: 21
(i) discourage the applicant from registering to vote; or 22
(ii) lead the applicant to believe that a decision to register or not to 23
register has any bearing on the availability of services or benefits. 24
(e) The State Board shall ensure that each individual whose voter registration 25
information is transmitted to the State Board through an automatic voter registration 26
system is promptly registered to vote. 27
(f) If the State Board receives notice from an individual that the individual was 28
inadvertently registered to vote through an automatic voter registration agency after 29
declining to register to vote, the State Board shall correct the error in accordance with § 30
3–601.1 of this title. 31
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(g) Voter registration information or information relating to the decision of an 1
applicant at an automatic voter registration agency to decline to register to vote may not 2
be used for any purpose other than the maintenance of registration statistics, election 3
administration, or prosecution of criminal violations of the election law. 4
(h) Notwithstanding § 3–501 of this title and § 4–401 of the General Provisions 5
Article, the identity of an automatic voter registration agency through which a particular 6
voter has registered may not be disclosed to the public. 7
(i) The State Board may adopt regulations as necessary to implement this 8
section. 9
(j) (1) Each automatic voter registration agency shall[: 10
(i) on or before July 1, 2019, submit a report, in accordance with § 11
2–1257 of the State Government Article, to the Senate Education, Health, and 12
Environmental Affairs Committee and the House Committee on Ways and Means that 13
describes: 14
1. the efforts of the automatic voter registration agency to 15
register voters in the preceding calendar year; and 16
2. the implementation of an automatic voter registration 17
system; and 18
(ii)], on or before January 1, [2020] 2025, and January 1 each 19
subsequent year, submit a report, in accordance with § 2–1257 of the State Government 20
Article, to the Senate Education, Health, and Environmental Affairs Committee and the 21
House Committee on Ways and Means that describes: 22
1. the number of individuals who completed an applicable 23
transaction in the preceding calendar year at the automatic voter registration agency and 24
the number of those individuals who registered to vote or updated a voter registration 25
record; and 26
2. any efforts the automatic voter registration agency plans 27
to make to improve the efficiency and effectiveness of the voter registration process at the 28
agency. 29
(2) The Department of Human Services shall consolidate and submit the 30
reports required under paragraph (1)(i) and (ii) of this subsection as a single document on 31
behalf of all the local departments of social services. 32
SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding § 3–203(j)(1) 33
of the Election Law Article, as enacted by this Act, the Department of Public Safety and 34
Correctional Services: 35
6 HOUSE BILL 627
(1) is not required to submit the report due on January 1, 2025, under § 1
3–203(j)(1) of the Election Law Article, as enacted by this Act; and 2
(2) shall submit the report required under § 3–203(j)(1) of the Election Law 3
Article, as enacted by this Act, on January 1, 2026, and January 1 of each subsequent year. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
January 1, 2025. 6