Maryland 2024 Regular Session

Maryland Senate Bill SB99 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	sb0099
6	6
7	7	SENATE BILL 99
8	8	G1 4lr1458
9	9	(PRE–FILED) CF 4lr1821
10	10	By: Senator Kagan
11	11	Requested: November 1, 2023
12	12	Introduced and read first time: January 10, 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 – Affiliating With a Party and Voting – Unaffiliated Voters 2
20	20
21	21	FOR the purpose of authorizing unaffiliated voters to request to affiliate with a political 3
22	22	party at an early voting center during a primary election and vote a provisional ballot 4
23	23	for the voter’s preferred political party; and generally relating to affiliating with a 5
24	24	political party and voting in a primary election. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – Election Law 8
28	28	Section 3–303, 3–305(a) and (e), 9–404(b), and 11–303(d)(4) 9
29	29	Annotated Code of Maryland 10
30	30	(2022 Replacement Volume and 2023 Supplement) 11
31	31
32	32	BY adding to 12
33	33	Article – Election Law 13
34	34	Section 3–305(e) 14
35	35	Annotated Code of Maryland 15
36	36	(2022 Replacement Volume and 2023 Supplement) 16
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
39	39	That the Laws of Maryland read as follows: 18
40	40
41	41	Article – Election Law 19
42	42
43	43	3–303. 20
44	44
45	45	(a) Notification of a change of party affiliation or a change to or from a decline 21
46	46	may be made: 22
47	47	2 SENATE BILL 99
48	48
49	49
50	50	(1) by information provided on a voter registration application by the same 1
51	51	methods provided for registration under Subtitle 2 of this title; 2
52	52
53	53	(2) by written notice, signed by the voter and sent by mail or otherwise 3
54	54	delivered to the local board in the county where the voter’s current voter registration 4
55	55	address is located or to which the voter has moved; 5
56	56
57	57	(3) by making application in person at the office of the local board in the 6
58	58	county where the voter’s current voter registration address is located or to which the voter 7
59	59	has moved; 8
60	60
61	61	(4) by information on a voter authority card or other appropriate form filled 9
62	62	out in a polling place; or 10
63	63
64	64	(5) by changing a name or address with the Motor Vehicle Administration. 11
65	65
66	66	(b) Party affiliation changes or changes to or from a decline: 12
67	67
68	68	(1) shall be processed at any time that registration is open; and 13
69	69
70	70	(2) except as provided in subsection (c) of this section, may not be processed 14
71	71	when registration is closed. 15
72	72
73	73	(c) (1) If a local board receives a request for a party affiliation change after the 16
74	74	close of registration, the local board shall make the change and it shall become effective for 17
75	75	the next election provided: 18
76	76
77	77	[(1)] (I) there is sufficient evidence, as determined by the local boards 19
78	78	pursuant to regulations adopted by the State Board, that the request was mailed on or 20
79	79	before the close of registration for that election; or 21
80	80
81	81	[(2)] (II) the request was submitted by the voter to the Motor Vehicle 22
82	82	Administration, a voter registration agency, another local board, or the State Board on or 23
83	83	before the close of registration for that election. 24
84	84
85	85	(2) DURING A PRIMARY ELEC TION, A VOTER WHO HAS DECLIN ED TO 25
86	86	AFFILIATE WITH A POL ITICAL PARTY MAY REQ UEST TO AFFILIATE WITH A POL ITICAL 26
87	87	PARTY AT AN EARLY VO TING CENTER. 27
88	88
89	89	3–305. 28
90	90
91	91	(a) (1) During early voting, an individual may appear in person at an early 29
92	92	voting center in the individual’s county of residence and apply to register to vote or change 30
93	93	the voter’s address on an existing voter registration. 31
94	94	SENATE BILL 99 3
95	95
96	96
97	97	(2) DURING EARLY VOTING B EFORE A PRIMARY ELEC TION, AN 1
98	98	INDIVIDUAL WHO HAS D ECLINED TO AFFILIATE WITH A POLITICAL PAR TY MAY 2
99	99	APPEAR IN PERSON AT AN EARLY VOTING CENT ER IN THE INDIVIDUAL ’S COUNTY OF 3
100	100	RESIDENCE AND APPLY TO CHANGE THE VOTER ’S EXISTING VOTER REG ISTRATION 4
101	101	TO AFFILIATE WITH A POLITICAL PART Y. 5
102	102
103	103	(E) (1) WHEN A VOTER WHO HAS DECLINED TO AFFILIAT E WITH A 6
104	104	POLITICAL PARTY APPL IES TO CHANGE THE VOTER ’S EXISTING VOTER 7
105	105	REGISTRATION TO AFFI LIATE WITH A POLITIC AL PARTY DURING EARLY VOTING 8
106	106	BEFORE A PRIMARY ELE CTION, THE ELECTION JUDGE S HALL DETERMINE WHETH ER 9
107	107	THE VOTER RESIDES IN THE COUNTY IN WHICH THE VOTER SEEKS TO V OTE. 10
108	108
109	109	(2) IF THE VOTER IS A RESIDENT OF THE CO UNTY, THE ELECTION 11
110	110	JUDGE SHALL: 12
111	111
112	112	(I) ISSUE THE VOTER A VO TER AUTHORITY CARD ; 13
113	113
114	114	(II) HAVE THE VOTER SIGN THE VOTER AUTHORITY CARD; AND 14
115	115
116	116	(III) ISSUE THE VOTER A PR OVISIONAL BALLOT FOR THE 15
117	117	APPROPRIATE POLITICAL PARTY . 16
118	118
119	119	[(e)] (F) The State Board shall adopt regulations and procedures in accordance 17
120	120	with the requirements of this section for the administration of voter registration during 18
121	121	early voting. 19
122	122
123	123	9–404. 20
124	124
125	125	(b) An individual is eligible to cast a provisional ballot if: 21
126	126
127	127	(1) the individual declares in a written affirmation submitted with the 22
128	128	provisional ballot that the individual is a registered voter in the State and is eligible to vote 23
129	129	in that election; and 24
130	130
131	131	(2) (i) the individual’s name does not appear on the election register; 25
132	132
133	133	(ii) an election official asserts that the individual is not eligible to 26
134	134	vote; [or] 27
135	135
136	136	(iii) the individual does not have the necessary identification; OR 28
137	137
138	138	(IV) THE INDIVIDUAL HAS D ECLINED TO AFFILIATE WITH A 29
139	139	POLITICAL PARTY AND APPLIES TO CHANGE THE VOTER ’S EXISTING VOTER 30
140	140	REGISTRATION TO AFFI LIATE WITH A POLITIC AL PARTY DURING EARL Y VOTING 31
141	141	BEFORE A PRIMARY ELE CTION. 32 4 SENATE BILL 99
142	142
143	143
144	144
145	145	11–303. 1
146	146
147	147	(d) (4) For the purposes of this section, an individual is qualified to vote the 2
148	148	provisional ballot cast if the local board determines that: 3
149	149
150	150	(i) the individual is registered in the State; 4
151	151
152	152	(ii) if the provisional ballot was cast because the voter failed to 5
153	153	provide required identification, the individual who cast the provisional ballot has met the 6
154	154	identification requirements established by the State Board; [and] 7
155	155
156	156	(iii) if the provisional ballot was cast during a period covered by a 8
157	157	court order or other order extending the time for closing the polls, the order has not been 9
158	158	invalidated by a subsequent court order; AND 10
159	159
160	160	(IV) IF THE PROVISIONAL B ALLOT WAS CAST DURING EARLY 11
161	161	VOTING BEFORE A PRIMARY ELE CTION BY AN INDIVIDUAL WHO WAS NOT 12
162	162	AFFILIATED WI TH A POLITICAL PARTY , THE INDIVIDUAL APPLIED TO AFFILIATE 13
163	163	WITH A POLITICAL PAR TY. 14
164	164
165	165	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
166	166	January 1, 2025. 16