Maryland 2024 Regular Session

Maryland Senate Bill SB802 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 MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0802
6	6
7	7	SENATE BILL 802
8	8	G1 4lr2334
9	9	CF HB 775
10	10	By: Senators Brooks, Hettleman, Klausmeier, Salling, Lam, Gile, Muse, and
11	11	Simonaire
12	12	Introduced and read first time: February 2, 2024
13	13	Assigned to: Education, Energy, and the Environment
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Election Law – Voters With Disabilities – Electronic Ballot Return 2
20	20
21	21	FOR the purpose of requiring the State Board of Elections to establish a process by which 3
22	22	an individual with disabilities may return a marked absentee ballot to a local board 4
23	23	of elections electronically; and generally relating to electronic ballot return for voters 5
24	24	with disabilities. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – Election Law 8
28	28	Section 9–308.1(a), 9–310(c), 11–302(a)(2) and (d)(3)(i) and (4) 9
29	29	Annotated Code of Maryland 10
30	30	(2022 Replacement Volume and 2023 Supplement) 11
31	31
32	32	BY repealing and reenacting, without amendments, 12
33	33	Article – Election Law 13
34	34	Section 9–308.1(b) 14
35	35	Annotated Code of Maryland 15
36	36	(2022 Replacement Volume and 2023 Supplement) 16
37	37
38	38	BY adding to 17
39	39	Article – Election Law 18
40	40	Section 9–310.1 19
41	41	Annotated Code of Maryland 20
42	42	(2022 Replacement Volume and 2023 Supplement) 21
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
45	45	That the Laws of Maryland read as follows: 23
46	46
47	47	Article – Election Law 24
48	48	2 SENATE BILL 802
49	49
50	50
51	51	9–308.1. 1
52	52
53	53	(a) In this section: 2
54	54
55	55	(1) “online ballot marking tool” includes a system that allows a voter to: 3
56	56
57	57	(i) access a blank ballot through the Internet; 4
58	58
59	59	(ii) electronically mark the ballot with the voter’s selections; and 5
60	60
61	61	(iii) 1. print a paper copy of the marked ballot for mailing to a 6
62	62	local board; [and 7
63	63
64	64	(2) “online ballot marking tool” does not include a system that is capable of 8
65	65	storing, tabulating, or transmitting votes or voted ballots by electronic or electromagnetic 9
66	66	means through the Internet] OR 10
67	67
68	68	2. RETURN THE MARKED BA LLOT ELECTRONICALLY AS 11
69	69	PROVIDED IN § 9–310.1 OF THIS SUBTITLE . 12
70	70
71	71	(b) The State Board may provide an accessible optional online ballot marking tool 13
72	72	for use by a voter who requested to have the absentee ballot sent by the Internet. 14
73	73
74	74	9–310. 15
75	75
76	76	(c) If an absentee ballot is sent by the Internet or facsimile transmission, the local 16
77	77	board shall provide the voter with an OPTIONAL envelope template, the oath prescribed by 17
78	78	the State Board, and instructions for marking and returning the absentee ballot. 18
79	79
80	80	9–310.1. 19
81	81
82	82	THE STATE BOARD SHALL ESTABLISH A PROCESS BY WHICH A N INDIVIDUAL 20
83	83	WITH DISABILITIES, AS DEFINED IN THE AMERICANS WITH DISABILITIES ACT, MAY 21
84	84	RETURN A MARKED ABSENTEE BALLOT TO A LOCAL BOARD ELECTRONICALLY . 22
85	85
86	86	11–302. 23
87	87
88	88	(a) (2) Promptly after receipt of an absentee ballot, a local board shall review 24
89	89	the ballot envelope [or], ballot/return envelope, OR ELECTRONIC OATH DOCUMENT 25
90	90	ACCOMPANYING A BALLO T RETURNED ELECTRONICA LLY for the omission of the voter’s 26
91	91	signature on the oath. 27
92	92
93	93	(d) (3) The local board shall reject an absentee ballot if: 28
94	94
95	95	(i) the voter failed to sign the oath on the ballot envelope [or], 29
96	96	ballot/return envelope, OR ELECTRONIC OATH DOCUMENT ACCOMPANYIN G A BALLOT 30 SENATE BILL 802 3
97	97
98	98
99	99	RETURNED ELECTRONICA LLY and failed to correct the omission before 10 a.m. on the day 1
100	100	that is 10 days after election day; 2
101	101
102	102	(4) (i) The State Board shall adopt regulations requiring a local board: 3
103	103
104	104	1. as soon as practicable but not later than 3 business days 4
105	105	after the date on which it was determined that a voter failed to sign the oath on the ballot 5
106	106	envelope [or], ballot/return envelope, OR ELECTRONIC OATH DOCUMENT 6
107	107	ACCOMPANYING A BALLO T RETURNED ELECTRONI CALLY, to notify the voter of the 7
108	108	failure; and 8
109	109
110	110	2. to provide the voter an opportunity to correct the omission 9
111	111	and have the ballot counted. 10
112	112
113	113	(ii) The regulations under this paragraph shall allow a voter: 11
114	114
115	115	1. to supply a signature to the local board through a digital 12
116	116	picture message sent by mobile telephone or e–mail if the voter failed to sign the oath on 13
117	117	the ballot envelope [or], ballot/return envelope, OR ELECTRONIC OATH DOCUMENT 14
118	118	ACCOMPANYING A BALLO T RETURNED ELECTRONI CALLY; and 15
119	119
120	120	2. to choose among multiple methods of communicating with 16
121	121	the local board to correct the failure to sign the oath on the ballot envelope [or], 17
122	122	ballot/return envelope, OR ELECTRONIC OATH DOCUMENT ACCOMPANYIN G A BALLOT 18
123	123	RETURNED ELECTRONICA LLY, including: 19
124	124
125	125	A. text message; 20
126	126
127	127	B. e–mail; 21
128	128
129	129	C. an accessible online portal; 22
130	130
131	131	D. a mailed form; and 23
132	132
133	133	E. an in–person visit to the local board office. 24
134	134
135	135	SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of Elections: 25
136	136
137	137	(1) shall implement the electronic ballot return process for individuals with 26
138	138	disabilities required to be established under Section 1 of this Act beginning with the 27
139	139	statewide primary election held in 2026; and 28
140	140
141	141	(2) is not required to implement the electronic ballot return process for 29
142	142	individuals with disabilities required to be established under Section 1 of this Act for any 30
143	143	special elections that may occur before the statewide primary election held in 2026. 31
144	144	4 SENATE BILL 802
145	145
146	146
147	147	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
148	148	January 1, 2025. 2