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