Maryland 2024 Regular Session

Maryland Senate Bill SB1029 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	sb1029
6	6
7	7	SENATE BILL 1029
8	8	G1 4lr1853
9	9	CF HB 1109
10	10	By: Senator Carter
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Election Law – Registered Voter List and Petitions 2
19	19	(Ballot Petition Modernization Act) 3
20	20
21	21	FOR the purpose of requiring the State Board of Elections to adopt regulations for the 4
22	22	secure storage and use of voter data from the list of registered voters and specifying 5
23	23	procedures and requirements relating to electronic signatures; establishing and 6
24	24	altering certain provisions governing the petition process, including provisions 7
25	25	regarding the collection and invalidation of signatures, use of electronic signatures, 8
26	26	and attestations by petition circulators; repealing the prohibition on a person 9
27	27	willfully and knowingly signing a petition more than once; and generally relating to 10
28	28	the registered voter list and petitions. 11
29	29
30	30	BY repealing and reenacting, without amendments, 12
31	31	Article – Election Law 13
32	32	Section 1–101(a) and (y), 6–101(a), (d), and (i), and 6–210(b) 14
33	33	Annotated Code of Maryland 15
34	34	(2022 Replacement Volume and 2023 Supplement) 16
35	35
36	36	BY repealing and reenacting, with amendments, 17
37	37	Article – Election Law 18
38	38	Section 3–506(a), 6–103(a), 6–203, 6–204, 6–210(c), (d), and (e), and 16–401 19
39	39	Annotated Code of Maryland 20
40	40	(2022 Replacement Volume and 2023 Supplement) 21
41	41
42	42	BY adding to 22
43	43	Article – Election Law 23
44	44	Section 6–208.1 and 6–210(c) 24
45	45	Annotated Code of Maryland 25
46	46	(2022 Replacement Volume and 2023 Supplement) 26
47	47
48	48	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 SENATE BILL 1029
49	49
50	50
51	51	That the Laws of Maryland read as follows: 1
52	52
53	53	Article – Election Law 2
54	54
55	55	1–101. 3
56	56
57	57	(a) In this article the following words have the meanings indicated unless a 4
58	58	different meaning is clearly intended from the context. 5
59	59
60	60	(y) “Electronic signature” means an electronic sound, symbol, or process attached 6
61	61	to or logically associated with a record and executed or adopted by a person with the intent 7
62	62	to sign the record. 8
63	63
64	64	3–506. 9
65	65
66	66	(a) (1) A copy of a list of registered voters shall be provided to a Maryland 10
67	67	registered voter on receipt of: 11
68	68
69	69	(i) a written application; and 12
70	70
71	71	(ii) a statement, signed under oath, that the list is not intended to be 13
72	72	used for: 14
73	73
74	74	1. commercial solicitation; or 15
75	75
76	76	2. any other purpose not related to the electoral process. 16
77	77
78	78	(2) In consultation with the local boards, the State Board shall adopt 17
79	79	regulations that specify: 18
80	80
81	81	(i) the time for a list to be provided under this subsection; 19
82	82
83	83	(ii) the authorization to be required for providing a list; 20
84	84
85	85	(iii) the fee to be paid for providing a list; 21
86	86
87	87	(iv) the information to be included on a list; 22
88	88
89	89	(v) that the residence address of an individual who is a participant 23
90	90	in an address confidentiality program may not be disclosed; 24
91	91
92	92	(vi) that a participant in an address confidentiality program is not 25
93	93	required to apply to the State Board to keep the individual’s residence address confidential; 26
94	94
95	95	(vii) the format of the information; [and] 27
96	96
97	97	(viii) the medium or media on which the information is to be provided; 28 SENATE BILL 1029 3
98	98
99	99
100	100	AND 1
101	101
102	102	(IX) REQUIREMENTS FOR SEC URE STORAGE AND USE OF VOTER 2
103	103	DATA. 3
104	104
105	105	6–101. 4
106	106
107	107	(a) In this title the following words have the meanings indicated. 5
108	108
109	109	(d) “Circulator” means an individual who attests to one or more signatures affixed 6
110	110	to a petition. 7
111	111
112	112	(i) “Petition” means all of the associated pages necessary to fulfill the 8
113	113	requirements of a process established by the law by which individuals affix their signatures 9
114	114	as evidence of support for: 10
115	115
116	116	(1) placing the name of an individual, the names of individuals, or a 11
117	117	question on the ballot at any election; 12
118	118
119	119	(2) the creation of a new political party; or 13
120	120
121	121	(3) the appointment of a charter board under Article XI–A, § 1A of the 14
122	122	Maryland Constitution. 15
123	123
124	124	6–103. 16
125	125
126	126	(a) (1) The State Board shall adopt regulations, consistent with this title, to 17
127	127	carry out the provisions of this title. 18
128	128
129	129	(2) The regulations shall: 19
130	130
131	131	(i) prescribe the form and content of petitions; 20
132	132
133	133	(ii) specify procedures for the circulation of petitions for signatures, 21
134	134	INCLUDING THE COLLEC TION OF ELECTRONIC S IGNATURES; 22
135	135
136	136	(III) SPECIFY THE REQUIREM ENTS FOR THE VERIFIC ATION OF 23
137	137	ELECTRONIC SIGNATURE S ON ANY ELECTRONIC SIGNATURE PAGE ; 24
138	138
139	139	(IV) SPECIFY REQUIREMENTS FOR ACCESSIBILITY OF 25
140	140	ELECTRONIC SIGNATURE PAGES FOR PEOPLE WIT H DISABILITIES; 26
141	141
142	142	[(iii)] (V) specify procedures for the verification and counting of 27
143	143	signatures; and 28
144	144
145	145	[(iv)] (VI) provide any other procedural or technical requirements 29 4 SENATE BILL 1029
146	146
147	147
148	148	that the State Board considers appropriate. 1
149	149
150	150	6–203. 2
151	151
152	152	(a) To sign a petition, an individual shall: 3
153	153
154	154	(1) sign the individual’s name [as it appears on the statewide voter 4
155	155	registration list or the individual’s surname of registration and at least one full given name 5
156	156	and the initials of any other names]; and 6
157	157
158	158	(2) include the following information, printed or typed, in the spaces 7
159	159	provided: 8
160	160
161	161	(i) the signer’s name as it was signed; 9
162	162
163	163	(ii) the signer’s address; 10
164	164
165	165	(iii) the date of signing; and 11
166	166
167	167	(iv) other information required by regulations adopted by the State 12
168	168	Board. 13
169	169
170	170	(b) ANY INFORMATION REQUE STED FROM AN INDIVID UAL SIGNING A 14
171	171	PETITION THAT IS NOT REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION SHAL L 15
172	172	BE CLEARLY MARKED AS OPTIONAL ON ANY SIGN ATURE PAGE. 16
173	173
174	174	(C) The signature of an individual shall be validated and counted if: 17
175	175
176	176	(1) the requirements of subsection (a) of this section have been satisfied; 18
177	177
178	178	(2) THE IDENTITY OF THE INDIVIDUAL REASONABL Y CAN BE 19
179	179	DETERMINED USING THE INFORMATION REQUIRE D UNDER SUBSECTION (A) OF THIS 20
180	180	SECTION; 21
181	181
182	182	(3) the individual is a registered voter assigned to the county specified on 22
183	183	the signature page and, if applicable, in a particular geographic area of the county; 23
184	184
185	185	[(3) the individual has not previously signed the same petition;] 24
186	186
187	187	(4) the signature is attested by an affidavit appearing on the page on which 25
188	188	the signature appears; 26
189	189
190	190	(5) the date accompanying the signature is not later than the date of the 27
191	191	affidavit on the page; and 28
192	192
193	193	(6) if applicable, the signature was affixed within the requisite period of 29 SENATE BILL 1029 5
194	194
195	195
196	196	time, as specified by law. 1
197	197
198	198	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 2
199	199	THE ELECTION AUTHORI TY REASONABLY CAN CO NFIRM THE IDENTITY O F AN 3
200	200	INDIVIDUAL, THE ELECTION AUTHORI TY MAY NOT INV ALIDATE THE INDIVIDU AL’S 4
201	201	SIGNATURE BECAUSE TH E INDIVIDUAL SIGNED A PETITION USING A D ERIVATIVE OF 5
202	202	THE INDIVIDUAL ’S GIVEN NAME. 6
203	203
204	204	(2) IF AN INDIVIDUAL’S SURNAME ON A PETIT ION DOES NOT EXACTLY 7
205	205	MATCH THE INDIVIDUAL ’S SURNAME AS IT APPE ARS IN THE INDIVIDUA L’S VOTER 8
206	206	REGISTRATION RECORD , THE ELECTION AUTHORI TY SHALL INVALIDATE THE 9
207	207	INDIVIDUAL’S SIGNATURE. 10
208	208
209	209	(E) IF AN INDIVIDUAL SIGN S THE SAME PETITION MORE THAN ONCE : 11
210	210
211	211	(1) THE FIRST SIGNATURE OF THAT INDIVIDUAL T O BE VALIDATED 12
212	212	SHALL BE COUNTED ; AND 13
213	213
214	214	(2) ANY SUBSEQUENT SIGNATURE OF THAT INDIVIDUAL O N THE SAME 14
215	215	PETITION SHALL BE IN VALIDATED. 15
216	216
217	217	(F) (1) A PETITION MAY CONTAIN THE ELECTRONIC SIGNA TURES OF: 16
218	218
219	219	(I) INDIVIDUALS SIGNING THE PETITION; OR 17
220	220
221	221	(II) CIRCULATORS CIRCULAT ING ANY OF THE SIGNA TURE 18
222	222	PAGES FILED WITH THE PETITION . 19
223	223
224	224	(2) (I) AN ELECTRONIC SIGNATU RE SHALL BE ELECTRON ICALLY 20
225	225	SIGNED, TYPED, OR AFFIXED ONTO A FO RM PRESCRIBED BY THE STATE BOARD. 21
226	226
227	227	(II) AN ELECTRONIC SIGNATU RE MUST REFLECT THE 22
228	228	AFFIRMATIVE ACTION O F THE SIGNER TO ELEC TRONICALLY SIGN , TYPE, OR AFFIX 23
229	229	THE SIGNER’S NAME ONTO THE SIGN ATURE PAGE OF A PETI TION. 24
230	230
231	231	(3) (I) THE CIRCULATOR WHO AT TESTS TO AN ELECTRON IC 25
232	232	SIGNATURE ON A PETIT ION SHALL PERSONALLY OBSERVE THE SIGNER O F THE 26
233	233	ELECTRONIC SIGNATURE WHILE THE SIGNER IS PROVIDING THE SIGNAT URE. 27
234	234
235	235	(II) A CIRCULATOR MAY NOT A TTEST TO THE PERSONA L 28
236	236	OBSERVATION OF AN EL ECTRONIC SIGNATURE U NDER SUBPARAGRAPH (I) OF THIS 29
237	237	PARAGRAPH IF THE CIR CULATOR WITNESSED TH E SIGNING REMOTELY . 30
238	238
239	239	[(c)] (G) (1) A signature may be removed: 31 6 SENATE BILL 1029
240	240
241	241
242	242
243	243	(i) by the signer upon written application to the election authority 1
244	244	with which the petition will be filed if the application is received by the election authority 2
245	245	prior to the filing of that signature; or 3
246	246
247	247	(ii) prior to the filing of that signature, by the circulator who attested 4
248	248	to that signature or by the sponsor of the petition, if it is concluded that the signature does 5
249	249	not satisfy the requirements of this title. 6
250	250
251	251	(2) A signature removed pursuant to paragraph (1)(ii) of this subsection 7
252	252	may not be included in the number of signatures stated on the information page included 8
253	253	in the petition. 9
254	254
255	255	6–204. 10
256	256
257	257	(a) Each signature page shall contain an affidavit made and executed by the 11
258	258	individual in whose presence all of the signatures on that page were affixed and who 12
259	259	observed each of those signatures being affixed. 13
260	260
261	261	(b) The affidavit shall contain the statements, required by regulation, designed 14
262	262	to assure the validity of the signatures and the fairness of the petition process. 15
263	263
264	264	(c) A circulator must be at least 18 years old at the time any of the signatures 16
265	265	covered by the affidavit are affixed. 17
266	266
267	267	(D) AN INDIVIDUAL SIGNER MAY: 18
268	268
269	269	(1) EXECUTE AS CIRCULATO R AN AFFIDAVIT THAT COVERS THE 19
270	270	INDIVIDUAL’S OWN SIGNATURE ; AND 20
271	271
272	272	(2) ATTEST IN THE AFFIDA VIT TO THE VALIDITY OF THE INDIVIDUAL ’S 21
273	273	OWN SIGNATURE . 22
274	274
275	275	6–208.1. 23
276	276
277	277	(A) AFTER THE CHIEF ELECT ION OFFICIAL OF THE ELECTION AUTHORITY 24
278	278	NOTIFIES THE SPONSOR OF A DEFICIENCY IN A PETITION UNDER § 6–208 OF THIS 25
279	279	SUBTITLE, THE CHIEF ELECTION O FFICIAL SHALL MAKE A VAILABLE TO THE 26
280	280	SPONSOR A PHYSICAL O R ELECTRONIC COPY OF THE P ETITION THAT INDICAT ES THE 27
281	281	PARTICULAR DEFICIENC IES FOR EACH INVALID ATED SIGNATURE . 28
282	282
283	283	(B) THE CHIEF ELECTION OF FICIAL MAY CHARGE A REASONABLE FEE THAT 29
284	284	DOES NOT EXCEED THE COST OF PRODUCING TH E COPY OF THE PETITI ON REQUIRED 30
285	285	UNDER SUBSECTI ON (A) OF THIS SECTION. 31
286	286	SENATE BILL 1029 7
287	287
288	288
289	289	(C) (1) AN ELIGIBLE REGISTERE D VOTER WHO SIGNED A PETITION BUT 1
290	290	WHOSE SIGNATURE WAS INVALIDATED MAY CORR ECT TECHNICAL DEFICI ENCIES, 2
291	291	INCLUDING MISSING , PARTIAL, OR MISSPELLED NAMES , ADDRESSES, OR DATES, BY 3
292	292	SUBMITTING A NEW SIG NATURE PAGE TO THE ELECTION AUTHORITY USING ANY 4
293	293	METHOD OF SUBMISSION AUTHORIZED BY THIS T ITLE. 5
294	294
295	295	(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT ALLOW NEW 6
296	296	SIGNATURES TO BE ADD ED TO A PETITION AFT ER THE DEADLINE FOR SUBMISSION 7
297	297	OF THE PETITION UNDE R APPLICABLE LAW . 8
298	298
299	299	6–210. 9
300	300
301	301	(b) Within 2 business days after an advance determination under § 6–202 of this 10
302	302	subtitle, or a determination of deficiency under § 6–206 or § 6–208 of this subtitle, the chief 11
303	303	election official of the election authority shall notify the sponsor of the determination. 12
304	304
305	305	(C) THE CHIEF ELECTION OF FICIAL SHALL MAKE A COPY OF A PETITION 13
306	306	AVAILABLE TO THE SPO NSOR UNDER § 6–208.1(A) OF THIS SUBTITLE: 14
307	307
308	308	(1) WITHIN 1 BUSINESS DAY AFTER P AYMENT OF ANY FEE RE QUIRED 15
309	309	UNDER § 6–208.1(B) OF THIS SUBTITLE; OR 16
310	310
311	311	(2) IF A FEE IS NOT REQUIRED UNDER § 6–208.1(B) OF THIS SUBTITLE, 17
312	312	WITHIN 1 BUSINESS DAY AFTER T HE CHIEF ELECTION OF FICIAL NOTIFIES THE 18
313	313	SPONSOR OF A DEFICIE NCY IN A PETITION UN DER § 6–208(A)(2) OF THIS SUBTITLE. 19
314	314
315	315	[(c)] (D) (1) Except as provided in paragraph (2) of this subsection, the 20
316	316	verification and counting of validated signatures on a petition shall be completed within 20 21
317	317	days after the filing of the petition. 22
318	318
319	319	(2) If a petition seeks to place the name of an individual on the ballot for a 23
320	320	special election, the verification and counting of validated signatures on the petition shall 24
321	321	be completed within 10 days after the filing of the petition. 25
322	322
323	323	[(d)] (E) Within 1 business day of the completion of the verification and counting 26
324	324	processes, or, if judicial review is pending, within 1 business day after a final judicial 27
325	325	decision, the appropriate election official shall make the certifications required by § 6–208 28
326	326	of this subtitle. 29
327	327
328	328	[(e)] (F) (1) Except as provided in paragraph (2) of this subsection, any 30
329	329	judicial review of a determination, as provided in § 6–209 of this subtitle, shall be sought 31
330	330	by the 10th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to 32
331	331	which the judicial review relates. 33
332	332
333	333	(2) (i) If the petition seeks to place the name of an individual or a 34 8 SENATE BILL 1029
334	334
335	335
336	336	question on the ballot at any election, except a presidential primary election, judicial review 1
337	337	shall be sought by the day specified in paragraph (1) of this subsection or the 69th day 2
338	338	preceding that election, whichever day is earlier. 3
339	339
340	340	(ii) If the petition seeks to place the name of an individual on the 4
341	341	ballot for a presidential primary election in accordance with § 8–502 of this article, judicial 5
342	342	review of a determination made under § 6–208(a)(2) of this subtitle shall be sought by the 6
343	343	5th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to which 7
344	344	the judicial review relates. 8
345	345
346	346	(iii) If the petition seeks to place the name of an individual on the 9
347	347	ballot for a special election, judicial review shall be sought by the 2nd day following the 10
348	348	DATE THE SPONSOR IS NOTIFIED OF THE determination to which the judicial review 11
349	349	relates. 12
350	350
351	351	(3) (i) A judicial proceeding under this subsection shall be conducted in 13
352	352	accordance with the Maryland Rules, except that: 14
353	353
354	354	1. the case shall be heard and decided without a jury and as 15
355	355	expeditiously as the circumstances require; and 16
356	356
357	357	2. an appeal shall be taken directly to the Court of Appeals 17
358	358	within 5 days after the date of the decision of the circuit court. 18
359	359
360	360	(ii) The Supreme Court of Maryland shall give priority to hear and 19
361	361	decide an appeal brought under subparagraph (i)2 of this paragraph as expeditiously as the 20
362	362	circumstances require. 21
363	363
364	364	16–401. 22
365	365
366	366	(a) A person may not willfully and knowingly: 23
367	367
368	368	(1) give, transfer, promise, or offer anything of value for the purpose of 24
369	369	inducing another person to sign or not sign any petition; 25
370	370
371	371	(2) request, receive, or agree to receive, anything of value as an inducement 26
372	372	to sign or not to sign any petition; 27
373	373
374	374	(3) misrepresent any fact for the purpose of inducing another person to sign 28
375	375	or not to sign any petition; 29
376	376
377	377	(4) sign the name of any other person to a petition; 30
378	378
379	379	(5) falsify any signature or purported signature to a petition; 31
380	380
381	381	(6) obtain, or attempt to obtain, any signature to a petition by fraud, 32
382	382	duress, or force; 33 SENATE BILL 1029 9
383	383
384	384
385	385
386	386	(7) circulate, cause to be circulated, or file with an election authority a 1
387	387	petition that contains any false, forged, or fictitious signatures; 2
388	388
389	389	(8) sign a petition that the person is not legally qualified to sign; OR 3
390	390
391	391	(9) [sign a petition more than once; or 4
392	392
393	393	(10)] alter any petition after it is filed with the election authority. 5
394	394
395	395	(b) Each violation of this section shall be considered a separate offense. 6
396	396
397	397	(c) A person who violates this section is guilty of a misdemeanor and is subject to 7
398	398	the penalties provided in Subtitle 10 of this title. 8
399	399
400	400	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
401	401	October 1, 2024. 10
402	402
403	403