EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0802*
SENATE BILL 802
G1 4lr2334
CF HB 775
By: Senators Brooks, Hettleman, Klausmeier, Salling, Lam, Gile, Muse, and
Simonaire
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Law – Voters With Disabilities – Electronic Ballot Return 2
FOR the purpose of requiring the State Board of Elections to establish a process by which 3
an individual with disabilities may return a marked absentee ballot to a local board 4
of elections electronically; and generally relating to electronic ballot return for voters 5
with disabilities. 6
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 9–308.1(a), 9–310(c), 11–302(a)(2) and (d)(3)(i) and (4) 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2023 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Election Law 13
Section 9–308.1(b) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
BY adding to 17
Article – Election Law 18
Section 9–310.1 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Election Law 24
2 SENATE BILL 802
9–308.1. 1
(a) In this section: 2
(1) “online ballot marking tool” includes a system that allows a voter to: 3
(i) access a blank ballot through the Internet; 4
(ii) electronically mark the ballot with the voter’s selections; and 5
(iii) 1. print a paper copy of the marked ballot for mailing to a 6
local board; [and 7
(2) “online ballot marking tool” does not include a system that is capable of 8
storing, tabulating, or transmitting votes or voted ballots by electronic or electromagnetic 9
means through the Internet] OR 10
2. RETURN THE MARKED BA LLOT ELECTRONICALLY AS 11
PROVIDED IN § 9–310.1 OF THIS SUBTITLE . 12
(b) The State Board may provide an accessible optional online ballot marking tool 13
for use by a voter who requested to have the absentee ballot sent by the Internet. 14
9–310. 15
(c) If an absentee ballot is sent by the Internet or facsimile transmission, the local 16
board shall provide the voter with an OPTIONAL envelope template, the oath prescribed by 17
the State Board, and instructions for marking and returning the absentee ballot. 18
9–310.1. 19
THE STATE BOARD SHALL ESTABLISH A PROCESS BY WHICH A N INDIVIDUAL 20
WITH DISABILITIES, AS DEFINED IN THE AMERICANS WITH DISABILITIES ACT, MAY 21
RETURN A MARKED ABSENTEE BALLOT TO A LOCAL BOARD ELECTRONICALLY . 22
11–302. 23
(a) (2) Promptly after receipt of an absentee ballot, a local board shall review 24
the ballot envelope [or], ballot/return envelope, OR ELECTRONIC OATH DOCUMENT 25
ACCOMPANYING A BALLO T RETURNED ELECTRONICA LLY for the omission of the voter’s 26
signature on the oath. 27
(d) (3) The local board shall reject an absentee ballot if: 28
(i) the voter failed to sign the oath on the ballot envelope [or], 29
ballot/return envelope, OR ELECTRONIC OATH DOCUMENT ACCOMPANYIN G A BALLOT 30 SENATE BILL 802 3
RETURNED ELECTRONICA LLY and failed to correct the omission before 10 a.m. on the day 1
that is 10 days after election day; 2
(4) (i) The State Board shall adopt regulations requiring a local board: 3
1. as soon as practicable but not later than 3 business days 4
after the date on which it was determined that a voter failed to sign the oath on the ballot 5
envelope [or], ballot/return envelope, OR ELECTRONIC OATH DOCUMENT 6
ACCOMPANYING A BALLO T RETURNED ELECTRONI CALLY, to notify the voter of the 7
failure; and 8
2. to provide the voter an opportunity to correct the omission 9
and have the ballot counted. 10
(ii) The regulations under this paragraph shall allow a voter: 11
1. to supply a signature to the local board through a digital 12
picture message sent by mobile telephone or e–mail if the voter failed to sign the oath on 13
the ballot envelope [or], ballot/return envelope, OR ELECTRONIC OATH DOCUMENT 14
ACCOMPANYING A BALLO T RETURNED ELECTRONI CALLY; and 15
2. to choose among multiple methods of communicating with 16
the local board to correct the failure to sign the oath on the ballot envelope [or], 17
ballot/return envelope, OR ELECTRONIC OATH DOCUMENT ACCOMPANYIN G A BALLOT 18
RETURNED ELECTRONICA LLY, including: 19
A. text message; 20
B. e–mail; 21
C. an accessible online portal; 22
D. a mailed form; and 23
E. an in–person visit to the local board office. 24
SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of Elections: 25
(1) shall implement the electronic ballot return process for individuals with 26
disabilities required to be established under Section 1 of this Act beginning with the 27
statewide primary election held in 2026; and 28
(2) is not required to implement the electronic ballot return process for 29
individuals with disabilities required to be established under Section 1 of this Act for any 30
special elections that may occur before the statewide primary election held in 2026. 31
4 SENATE BILL 802
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
January 1, 2025. 2