MD
Maryland House Bill HB627

Maryland 2024 Regular Session

Maryland House Bill HB627 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0627*
96
107 HOUSE BILL 627
118 G1 4lr2171
129
1310 By: Delegate Wilkins
1411 Introduced and read first time: January 25, 2024
1512 Assigned to: Ways and Means
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: February 29, 2024
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Election Law – Automatic Voter Registration – State Correctional Facilities 2
2519
2620 FOR the purpose of altering the definitions of “automatic voter registration agency” and 3
2721 “applicable transaction” for the purpose of designating the Department of Public 4
2822 Safety and Correctional Services as an automatic voter registration agency and 5
2923 requiring the Department to register qualified individuals to vote when they are 6
3024 released from confinement at a State correctional facility; requiring the Department 7
3125 to implement an automatic voter registration system on or before a certain date; and 8
3226 generally relating to automatic voter registration at State correctional facilities. 9
3327
3428 BY repealing and reenacting, with amendments, 10
3529 Article – Election Law 11
3630 Section 3–203 12
3731 Annotated Code of Maryland 13
3832 (2022 Replacement Volume and 2023 Supplement) 14
3933
4034 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
4135 That the Laws of Maryland read as follows: 16
4236
4337 Article – Election Law 17
4438
4539 3–203. 18
4640
4741 (a) (1) In this section the following words have the meanings indicated. 19
48- 2 HOUSE BILL 627
42+
43+ (2) (i) “Applicable transaction” means: 20
44+
45+ 1. at the Motor Vehicle Administration, an initial application 21
46+for or renewal of a driver’s license or identification card, or a change of name or address on 22
47+an existing driver’s license or identification card, or any other transaction in which the 23 2 HOUSE BILL 627
4948
5049
51- (2) (i) “Applicable transaction” means: 1
50+Motor Vehicle Administration obtains all of the information from an applicant that satisfies 1
51+the requirements to register to vote; 2
5252
53- 1. at the Motor Vehicle Administration, an initial application 2
54-for or renewal of a driver’s license or identification card, or a change of name or address on 3
55-an existing driver’s license or identification card, or any other transaction in which the 4
56-Motor Vehicle Administration obtains all of the information from an applicant that satisfies 5
57-the requirements to register to vote; 6
53+ 2. at the Maryland Health Benefit Exchange, any application 3
54+for or renewal of health insurance coverage; 4
5855
59- 2. at the Maryland Health Benefit Exchange, any application 7
60-for or renewal of health insurance coverage; 8
56+ 3. at a local department of social services, an initial 5
57+application for a State or federally funded public assistance program or an application for 6
58+a recertification, renewal, or change of name or address relating to a State or federally 7
59+funded public assistance program; [or] 8
6160
62- 3. at a local department of social services, an initial 9
63-application for a State or federally funded public assistance program or an application for 10
64-a recertification, renewal, or change of name or address relating to a State or federally 11
65-funded public assistance program; [or] 12
61+ 4. at the Mobility Certification Office in the Maryland 9
62+Transit Administration, an initial application for paratransit service or an application for 10
63+recertification for paratransit service; OR 11
6664
67- 4. at the Mobility Certification Office in the Maryland 13
68-Transit Administration, an initial application for paratransit service or an application for 14
69-recertification for paratransit service; OR 15
65+ 5. AT THE DEPARTMENT OF PUBLIC SAFETY AND 12
66+CORRECTIONAL SERVICES, THE RELEASE OF AN IN DIVIDUAL CONFINED AT A STATE 13
67+CORRECTIONAL FACILITY. 14
7068
71- 5. AT THE DEPARTMENT OF PUBLIC SAFETY AND 16
72-CORRECTIONAL SERVICES, THE RELEASE OF AN IN DIVIDUAL CONFINED AT A STATE 17
73-CORRECTIONAL FACILIT Y. 18
69+ (ii) “Applicable transaction” includes any transaction described in 15
70+subparagraph (i) of this paragraph that is completed online. 16
7471
75- (ii) “Applicable transaction” includes any transaction described in 19
76-subparagraph (i) of this paragraph that is completed online. 20
72+ (3) “Automatic voter registration agency” means: 17
7773
78- (3) “Automatic voter registration agency” means: 21
74+ (i) the Motor Vehicle Administration; 18
7975
80- (i) the Motor Vehicle Administration; 22
76+ (ii) the Maryland Health Benefit Exchange; 19
8177
82- (ii) the Maryland Health Benefit Exchange; 23
78+ (iii) local departments of social services; [and] 20
8379
84- (iii) local departments of social services; [and] 24
80+ (iv) the Mobility Certification Office in the Maryland Transit 21
81+Administration; AND 22
8582
86- (iv) the Mobility Certification Office in the Maryland Transit 25
87-Administration; AND 26
83+ (V) THE DEPARTMENT OF PUBLIC SAFETY AND 23
84+CORRECTIONAL SERVICES. 24
8885
89- (V) THE DEPARTMENT OF PUBLIC SAFETY AND 27
90-CORRECTIONAL SERVICES. 28
86+ (4) “Automatic voter registration system” means a system that, as an 25
87+integral part of each applicable transaction at an automatic voter registration agency: 26
9188
92- (4) “Automatic voter registration system” means a system that, as an 29
93-integral part of each applicable transaction at an automatic voter registration agency: 30
89+ (i) informs an applicant: 27
9490
95- (i) informs an applicant: 31
91+ 1. that the applicant shall be registered to vote or shall have 28
92+a voter registration record updated, if applicable, unless the applicant declines to register 29
93+to vote or update a voter registration record or if the applicant is not eligible to register to 30
94+vote; 31
9695 HOUSE BILL 627 3
9796
9897
99- 1. that the applicant shall be registered to vote or shall have 1
100-a voter registration record updated, if applicable, unless the applicant declines to register 2
101-to vote or update a voter registration record or if the applicant is not eligible to register to 3
102-vote; 4
98+ 2. of the qualifications to register to vote under § 3–102 of 1
99+this title; 2
103100
104- 2. of the qualifications to register to vote under § 3–102 of 5
105-this title; 6
101+ 3. that the applicant should not register if the applicant does 3
102+not meet all the qualifications; 4
106103
107- 3. that the applicant should not register if the applicant does 7
108-not meet all the qualifications; 8
104+ 4. of the penalties for the submission of a false application; 5
105+and 6
109106
110- 4. of the penalties for the submission of a false application; 9
111-and 10
107+ 5. that voter registration is voluntary and that neither 7
108+registering nor declining to register to vote will in any way affect the availability of services 8
109+or benefits; 9
112110
113- 5. that voter registration is voluntary and that neither 11
114-registering nor declining to register to vote will in any way affect the availability of services 12
115-or benefits; 13
111+ (ii) requires the electronic signature of the applicant, subject to the 10
112+penalties for perjury, by which the applicant attests that the information provided by the 11
113+applicant is true and that the applicant meets all the qualifications to become a registered 12
114+voter, including United States citizenship; and 13
116115
117- (ii) requires the electronic signature of the applicant, subject to the 14
118-penalties for perjury, by which the applicant attests that the information provided by the 15
119-applicant is true and that the applicant meets all the qualifications to become a registered 16
120-voter, including United States citizenship; and 17
116+ (iii) electronically transmits the voter registration information of 14
117+each applicant who does not decline to register to vote or update a voter registration record 15
118+directly to the State Board: 16
121119
122- (iii) electronically transmits the voter registration information of 18
123-each applicant who does not decline to register to vote or update a voter registration record 19
124-directly to the State Board: 20
120+ 1. in a manner and format specified jointly by the automatic 17
121+voter registration agency and the State Board; and 18
125122
126- 1. in a manner and format specified jointly by the automatic 21
127-voter registration agency and the State Board; and 22
123+ 2. within 5 days of the applicable transaction. 19
128124
129- 2. within 5 days of the applicable transaction. 23
125+ (5) “Local department of social services” means: 20
130126
131- (5) “Local department of social services” means: 24
127+ (i) the local departments of social services in the Department of 21
128+Human Services; and 22
132129
133- (i) the local departments of social services in the Department of 25
134-Human Services; and 26
130+ (ii) the Montgomery County Department of Health and Human 23
131+Services. 24
135132
136- (ii) the Montgomery County Department of Health and Human 27
137-Services. 28
133+ (6) “STATE CORRECTIONAL FA CILITY” HAS THE MEANING STAT ED IN 25
134+§ 1–101 OF THE CORRECTIONAL SERVICES ARTICLE. 26
138135
139- (6) “STATE CORRECTIONAL FA CILITY” HAS THE MEANING STAT ED IN 29
140-§ 1–101 OF THE CORRECTIONAL SERVICES ARTICLE. 30
136+ (b) (1) Except as provided in paragraph (2) of this subsection, an automatic 27
137+voter registration agency shall implement an automatic voter registration system on or 28
138+before July 1, 2019. 29
141139
142- (b) (1) Except as provided in paragraph (2) of this subsection, an automatic 31
143-voter registration agency shall implement an automatic voter registration system on or 32
144-before July 1, 2019. 33
140+ (2) (I) A local department of social services shall implement an 30
141+automatic voter registration system on or before December 1, 2019. 31
145142 4 HOUSE BILL 627
146143
147144
148- (2) (I) A local department of social services shall implement an 1
149-automatic voter registration system on or before December 1, 2019. 2
145+ (II) THE DEPARTMENT OF PUBLIC SAFETY AND 1
146+CORRECTIONAL SERVICES SHALL IMPLEM ENT AN AUTOMATIC VOT ER 2
147+REGISTRATION SYSTEM ON OR BEFORE JANUARY 1, 2025. 3
150148
151- (II) THE DEPARTMENT OF PUBLIC SAFETY AND 3
152-CORRECTIONAL SERVICES SHALL IMPLEM ENT AN AUTOMATIC VOT ER 4
153-REGISTRATION SYSTEM ON OR BEFORE JANUARY 1, 2025. 5
149+ (c) An automatic voter registration system: 4
154150
155- (c) An automatic voter registration system: 6
151+ (1) may not require any information that duplicates the information 5
152+required to complete an applicable transaction; 6
156153
157- (1) may not require any information that duplicates the information 7
158-required to complete an applicable transaction; 8
154+ (2) shall require only the minimum amount of information necessary for 7
155+both an applicable transaction and a voter registration to: 8
159156
160- (2) shall require only the minimum amount of information necessary for 9
161-both an applicable transaction and a voter registration to: 10
157+ (i) prevent duplicate voter registration; and 9
162158
163- (i) prevent duplicate voter registration; and 11
159+ (ii) enable election officials to review the eligibility of an applicant 10
160+and to administer voter registration and other aspects of the election process; and 11
164161
165- (ii) enable election officials to review the eligibility of an applicant 12
166-and to administer voter registration and other aspects of the election process; and 13
162+ (3) shall inform an applicant that if the applicant does not select a political 12
163+party affiliation, the individual will be designated as not affiliated with a political party 13
164+and will be unable to vote in a party primary election. 14
167165
168- (3) shall inform an applicant that if the applicant does not select a political 14
169-party affiliation, the individual will be designated as not affiliated with a political party 15
170-and will be unable to vote in a party primary election. 16
166+ (d) An agent of an automatic voter registration agency who is responsible for 15
167+carrying out the requirements of this section may not: 16
171168
172- (d) An agent of an automatic voter registration agency who is responsible for 17
173-carrying out the requirements of this section may not: 18
169+ (1) seek to influence an applicant’s political preference or party 17
170+registration; 18
174171
175- (1) seek to influence an applicant’s political preference or party 19
176-registration; 20
172+ (2) display any political preference or party allegiance; or 19
177173
178- (2) display any political preference or party allegiance; or 21
174+ (3) make any statement to an applicant or take any action the purpose or 20
175+effect of which is to: 21
179176
180- (3) make any statement to an applicant or take any action the purpose or 22
181-effect of which is to: 23
177+ (i) discourage the applicant from registering to vote; or 22
182178
183- (i) discourage the applicant from registering to vote; or 24
179+ (ii) lead the applicant to believe that a decision to register or not to 23
180+register has any bearing on the availability of services or benefits. 24
184181
185- (ii) lead the applicant to believe that a decision to register or not to 25
186-register has any bearing on the availability of services or benefits. 26
182+ (e) The State Board shall ensure that each individual whose voter registration 25
183+information is transmitted to the State Board through an automatic voter registration 26
184+system is promptly registered to vote. 27
187185
188- (e) The State Board shall ensure that each individual whose voter registration 27
189-information is transmitted to the State Board through an automatic voter registration 28
190-system is promptly registered to vote. 29
191-
192- (f) If the State Board receives notice from an individual that the individual was 30
193-inadvertently registered to vote through an automatic voter registration agency after 31 HOUSE BILL 627 5
186+ (f) If the State Board receives notice from an individual that the individual was 28
187+inadvertently registered to vote through an automatic voter registration agency after 29
188+declining to register to vote, the State Board shall correct the error in accordance with § 30
189+3–601.1 of this title. 31
190+ HOUSE BILL 627 5
194191
195192
196-declining to register to vote, the State Board shall correct the error in accordance with § 1
197-3–601.1 of this title. 2
193+ (g) Voter registration information or information relating to the decision of an 1
194+applicant at an automatic voter registration agency to decline to register to vote may not 2
195+be used for any purpose other than the maintenance of registration statistics, election 3
196+administration, or prosecution of criminal violations of the election law. 4
198197
199- (g) Voter registration information or information relating to the decision of an 3
200-applicant at an automatic voter registration agency to decline to register to vote may not 4
201-be used for any purpose other than the maintenance of registration statistics, election 5
202-administration, or prosecution of criminal violations of the election law. 6
198+ (h) Notwithstanding § 3–501 of this title and § 4–401 of the General Provisions 5
199+Article, the identity of an automatic voter registration agency through which a particular 6
200+voter has registered may not be disclosed to the public. 7
203201
204- (h) Notwithstanding § 3–501 of this title and § 4–401 of the General Provisions 7
205-Article, the identity of an automatic voter registration agency through which a particular 8
206-voter has registered may not be disclosed to the public. 9
202+ (i) The State Board may adopt regulations as necessary to implement this 8
203+section. 9
207204
208- (i) The State Board may adopt regulations as necessary to implement this 10
209-section. 11
205+ (j) (1) Each automatic voter registration agency shall[: 10
210206
211- (j) (1) Each automatic voter registration agency shall[: 12
207+ (i) on or before July 1, 2019, submit a report, in accordance with § 11
208+2–1257 of the State Government Article, to the Senate Education, Health, and 12
209+Environmental Affairs Committee and the House Committee on Ways and Means that 13
210+describes: 14
212211
213- (i) on or before July 1, 2019, submit a report, in accordance with § 13
214-2–1257 of the State Government Article, to the Senate Education, Health, and 14
215-Environmental Affairs Committee and the House Committee on Ways and Means that 15
216-describes: 16
212+ 1. the efforts of the automatic voter registration agency to 15
213+register voters in the preceding calendar year; and 16
217214
218- 1. the efforts of the automatic voter registration agency to 17
219-register voters in the preceding calendar year; and 18
215+ 2. the implementation of an automatic voter registration 17
216+system; and 18
220217
221- 2. the implementation of an automatic voter registration 19
222-system; and 20
218+ (ii)], on or before January 1, [2020] 2025, and January 1 each 19
219+subsequent year, submit a report, in accordance with § 2–1257 of the State Government 20
220+Article, to the Senate Education, Health, and Environmental Affairs Committee and the 21
221+House Committee on Ways and Means that describes: 22
223222
224- (ii)], on or before January 1, [2020] 2025, and January 1 each 21
225-subsequent year, submit a report, in accordance with § 2–1257 of the State Government 22
226-Article, to the Senate COMMITTEE ON Education, Health, and Environmental Affairs 23
227-Committee ENERGY, AND THE ENVIRONMENT and the House Committee on Ways and 24
228-Means that describes: 25
223+ 1. the number of individuals who completed an applicable 23
224+transaction in the preceding calendar year at the automatic voter registration agency and 24
225+the number of those individuals who registered to vote or updated a voter registration 25
226+record; and 26
229227
230- 1. the number of individuals who completed an applicable 26
231-transaction in the preceding calendar year at the automatic voter registration agency and 27
232-the number of those individuals who registered to vote or updated a voter registration 28
233-record; and 29
228+ 2. any efforts the automatic voter registration agency plans 27
229+to make to improve the efficiency and effectiveness of the voter registration process at the 28
230+agency. 29
234231
235- 2. any efforts the automatic voter registration agency plans 30
236-to make to improve the efficiency and effectiveness of the voter registration process at the 31
237-agency. 32
232+ (2) The Department of Human Services shall consolidate and submit the 30
233+reports required under paragraph (1)(i) and (ii) of this subsection as a single document on 31
234+behalf of all the local departments of social services. 32
238235
239- (2) The Department of Human Services shall consolidate and submit the 33
240-reports required under paragraph (1)(i) and (ii) (1) of this subsection as a single document 34
241-on behalf of all the local departments of social services. 35
236+ SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding § 3–203(j)(1) 33
237+of the Election Law Article, as enacted by this Act, the Department of Public Safety and 34
238+Correctional Services: 35
242239 6 HOUSE BILL 627
243240
244241
245- SECTION 2. AND BE IT FURTHER ENACTED , That, notwithstanding § 3–203(j)(1) 1
246-of the Election Law Article, as enacted by this Act, the Department of Public Safety and 2
247-Correctional Services: 3
242+ (1) is not required to submit the report due on January 1, 2025, under § 1
243+3–203(j)(1) of the Election Law Article, as enacted by this Act; and 2
248244
249- (1) is not required to submit the report due on January 1, 2025, under § 4
250-3–203(j)(1) of the Election Law Article, as enacted by this Act; and 5
245+ (2) shall submit the report required under § 3–203(j)(1) of the Election Law 3
246+Article, as enacted by this Act, on January 1, 2026, and January 1 of each subsequent year. 4
251247
252- (2) shall submit the report required under § 3–203(j)(1) of the Election Law 6
253-Article, as enacted by this Act, on January 1, 2026, and January 1 of each subsequent year. 7
254-
255- SECTION 3. AND BE IT FURTHER ENACTED, Th at this Act shall take effect 8
256-January 1, 2025. 9
257-
258-
259-
260-
261-Approved:
262-________________________________________________________________________________
263- Governor.
264-________________________________________________________________________________
265- Speaker of the House of Delegates.
266-________________________________________________________________________________
267- President of the Senate.
248+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
249+January 1, 2025. 6