Maryland 2024 Regular Session

Maryland House Bill HB775 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	hb0775
6	6
7	7	HOUSE BILL 775
8	8	G1 4lr3045
9	9	CF 4lr2334
10	10	By: Delegates Feldmark, Atterbeary, Guyton, Guzzone, Hill, Kaiser, Lehman,
11	11	McCaskill, Pena–Melnyk, Shetty, Simmons, Spiegel, Taveras, Terrasa,
12	12	Wims, Wu, and Ziegler
13	13	Introduced and read first time: January 31, 2024
14	14	Assigned to: Ways and Means
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Election Law – Voters With Disabilities – Electronic Ballot Return 2
21	21
22	22	FOR the purpose of requiring the State Board of Elections to establish a process by which 3
23	23	an individual with disabilities may return a marked absentee ballot to a local board 4
24	24	of elections electronically; and generally relating to electronic ballot return for voters 5
25	25	with disabilities. 6
26	26
27	27	BY repealing and reenacting, with amendments, 7
28	28	Article – Election Law 8
29	29	Section 9–308.1(a), 9–310(c), and 11–302(a)(2) and (d)(3)(i) and (4) 9
30	30	Annotated Code of Maryland 10
31	31	(2022 Replacement Volume and 2023 Supplement) 11
32	32
33	33	BY repealing and reenacting, without amendments, 12
34	34	Article – Election Law 13
35	35	Section 9–308.1(b) 14
36	36	Annotated Code of Maryland 15
37	37	(2022 Replacement Volume and 2023 Supplement) 16
38	38
39	39	BY adding to 17
40	40	Article – Election Law 18
41	41	Section 9–310.1 19
42	42	Annotated Code of Maryland 20
43	43	(2022 Replacement Volume and 2023 Supplement) 21
44	44
45	45	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
46	46	That the Laws of Maryland read as follows: 23
47	47
48	48	Article – Election Law 24 2 HOUSE BILL 775
49	49
50	50
51	51
52	52	9–308.1. 1
53	53
54	54	(a) In this section: 2
55	55
56	56	(1) “online ballot marking tool” includes a system that allows a voter to: 3
57	57
58	58	(i) access a blank ballot through the Internet; 4
59	59
60	60	(ii) electronically mark the ballot with the voter’s selections; and 5
61	61
62	62	(iii) 1. print a paper copy of the marked ballot for mailing to a 6
63	63	local board; [and 7
64	64
65	65	(2) “online ballot marking tool” does not include a system that is capable of 8
66	66	storing, tabulating, or transmitting votes or voted ballots by electronic or electromagnetic 9
67	67	means through the Internet] OR 10
68	68
69	69	2. RETURN THE MARKED BA LLOT ELECTRONICALLY AS 11
70	70	PROVIDED IN § 9–310.1 OF THIS SUBTITLE . 12
71	71
72	72	(b) The State Board may provide an accessible optional online ballot marking tool 13
73	73	for use by a voter who requested to have the absentee ballot sent by the Internet. 14
74	74
75	75	9–310. 15
76	76
77	77	(c) If an absentee ballot is sent by the Internet or facsimile transmission, the local 16
78	78	board shall provide the voter with an OPTIONAL envelope template, the oath prescribed by 17
79	79	the State Board, and instructions for marking and returning the absentee ballot. 18
80	80
81	81	9–310.1. 19
82	82
83	83	THE STATE BOARD SHALL ESTABLISH A PROCESS BY WHICH AN INDIVIDU AL 20
84	84	WITH DISABILITIES , AS DEFINED IN THE AMERICANS WITH DISABILITIES ACT, MAY 21
85	85	RETURN A MARKED ABSE NTEE BALLOT TO A LOC AL BOARD ELECTRONICA LLY. 22
86	86
87	87	11–302. 23
88	88
89	89	(a) (2) Promptly after receipt of an absentee ballot, a local board shall review 24
90	90	the ballot envelope [or], ballot/return envelope, OR ELECTRONIC OATH D OCUMENT 25
91	91	ACCOMPANYING A BALLO T RETURNED ELECTRONI CALLY for the omission of the voter’s 26
92	92	signature on the oath. 27
93	93
94	94	(d) (3) The local board shall reject an absentee ballot if: 28
95	95	HOUSE BILL 775 3
96	96
97	97
98	98	(i) the voter failed to sign the oath on the ballot envelope [or], 1
99	99	ballot/return envelope, OR ELECTRONIC OATH D OCUMENT ACCOMPANYING A BALLOT 2
100	100	RETURNED ELECTRONICA LLY and failed to correct the omission before 10 a.m. on the day 3
101	101	that is 10 days after election day; 4
102	102
103	103	(4) (i) The State Board shall adopt regulations requiring a local board: 5
104	104
105	105	1. as soon as practicable but not later than 3 business days 6
106	106	after the date on which it was determined that a voter failed to sign the oath on the ballot 7
107	107	envelope [or], ballot/return envelope, OR ELECTRONIC OATH D OCUMENT 8
108	108	ACCOMPANYING A BALLO T RETURNED ELECTRONI CALLY, to notify the voter of the 9
109	109	failure; and 10
110	110
111	111	2. to provide the voter an opportunity to correct the omission 11
112	112	and have the ballot counted. 12
113	113
114	114	(ii) The regulations under this paragraph shall allow a voter: 13
115	115
116	116	1. to supply a signature to the local board through a digital 14
117	117	picture message sent by mobile telephone or e–mail if the voter failed to sign the oath on 15
118	118	the ballot envelope [or], ballot/return envelope, OR ELECTRONIC OATH D OCUMENT 16
119	119	ACCOMPANYING A BALLO T RETURNED ELECTRONI CALLY; and 17
120	120
121	121	2. to choose among multiple methods of communicating with 18
122	122	the local board to correct the failure to sign the oath on the ballot envelope [or], 19
123	123	ballot/return envelope, OR ELECTRONIC OATH D OCUMENT ACCOMPANYING A BALLOT 20
124	124	RETURNED ELECTRONICA LLY, including: 21
125	125
126	126	A. text message; 22
127	127
128	128	B. e–mail; 23
129	129
130	130	C. an accessible online portal; 24
131	131
132	132	D. a mailed form; and 25
133	133
134	134	E. an in–person visit to the local board office. 26
135	135
136	136	SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of Elections: 27
137	137
138	138	(1) shall implement the electronic ballot return process for individuals with 28
139	139	disabilities required to be established under Section 1 of this Act beginning with the 29
140	140	statewide primary election held in 2026; and 30
141	141	4 HOUSE BILL 775
142	142
143	143
144	144	(2) is not required to implement the electronic ballot return process for 1
145	145	individuals with disabilities required to be established under Section 1 of this Act for any 2
146	146	special elections that may occur before the statewide primary election held in 2026. 3
147	147
148	148	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
149	149	January 1, 2025. 5
150	150