EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0099*
SENATE BILL 99
G1 4lr1458
(PRE–FILED) CF 4lr1821
By: Senator Kagan
Requested: November 1, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Law – Affiliating With a Party and Voting – Unaffiliated Voters 2
FOR the purpose of authorizing unaffiliated voters to request to affiliate with a political 3
party at an early voting center during a primary election and vote a provisional ballot 4
for the voter’s preferred political party; and generally relating to affiliating with a 5
political party and voting in a primary election. 6
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 3–303, 3–305(a) and (e), 9–404(b), and 11–303(d)(4) 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – Election Law 13
Section 3–305(e) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Election Law 19
3–303. 20
(a) Notification of a change of party affiliation or a change to or from a decline 21
may be made: 22
2 SENATE BILL 99
(1) by information provided on a voter registration application by the same 1
methods provided for registration under Subtitle 2 of this title; 2
(2) by written notice, signed by the voter and sent by mail or otherwise 3
delivered to the local board in the county where the voter’s current voter registration 4
address is located or to which the voter has moved; 5
(3) by making application in person at the office of the local board in the 6
county where the voter’s current voter registration address is located or to which the voter 7
has moved; 8
(4) by information on a voter authority card or other appropriate form filled 9
out in a polling place; or 10
(5) by changing a name or address with the Motor Vehicle Administration. 11
(b) Party affiliation changes or changes to or from a decline: 12
(1) shall be processed at any time that registration is open; and 13
(2) except as provided in subsection (c) of this section, may not be processed 14
when registration is closed. 15
(c) (1) If a local board receives a request for a party affiliation change after the 16
close of registration, the local board shall make the change and it shall become effective for 17
the next election provided: 18
[(1)] (I) there is sufficient evidence, as determined by the local boards 19
pursuant to regulations adopted by the State Board, that the request was mailed on or 20
before the close of registration for that election; or 21
[(2)] (II) the request was submitted by the voter to the Motor Vehicle 22
Administration, a voter registration agency, another local board, or the State Board on or 23
before the close of registration for that election. 24
(2) DURING A PRIMARY ELEC TION, A VOTER WHO HAS DECLIN ED TO 25
AFFILIATE WITH A POL ITICAL PARTY MAY REQ UEST TO AFFILIATE WITH A POL ITICAL 26
PARTY AT AN EARLY VO TING CENTER. 27
3–305. 28
(a) (1) During early voting, an individual may appear in person at an early 29
voting center in the individual’s county of residence and apply to register to vote or change 30
the voter’s address on an existing voter registration. 31
SENATE BILL 99 3
(2) DURING EARLY VOTING B EFORE A PRIMARY ELEC TION, AN 1
INDIVIDUAL WHO HAS D ECLINED TO AFFILIATE WITH A POLITICAL PAR TY MAY 2
APPEAR IN PERSON AT AN EARLY VOTING CENT ER IN THE INDIVIDUAL ’S COUNTY OF 3
RESIDENCE AND APPLY TO CHANGE THE VOTER ’S EXISTING VOTER REG ISTRATION 4
TO AFFILIATE WITH A POLITICAL PART Y. 5
(E) (1) WHEN A VOTER WHO HAS DECLINED TO AFFILIAT E WITH A 6
POLITICAL PARTY APPL IES TO CHANGE THE VOTER ’S EXISTING VOTER 7
REGISTRATION TO AFFI LIATE WITH A POLITIC AL PARTY DURING EARLY VOTING 8
BEFORE A PRIMARY ELE CTION, THE ELECTION JUDGE S HALL DETERMINE WHETH ER 9
THE VOTER RESIDES IN THE COUNTY IN WHICH THE VOTER SEEKS TO V OTE. 10
(2) IF THE VOTER IS A RESIDENT OF THE CO UNTY, THE ELECTION 11
JUDGE SHALL: 12
(I) ISSUE THE VOTER A VO TER AUTHORITY CARD ; 13
(II) HAVE THE VOTER SIGN THE VOTER AUTHORITY CARD; AND 14
(III) ISSUE THE VOTER A PR OVISIONAL BALLOT FOR THE 15
APPROPRIATE POLITICAL PARTY . 16
[(e)] (F) The State Board shall adopt regulations and procedures in accordance 17
with the requirements of this section for the administration of voter registration during 18
early voting. 19
9–404. 20
(b) An individual is eligible to cast a provisional ballot if: 21
(1) the individual declares in a written affirmation submitted with the 22
provisional ballot that the individual is a registered voter in the State and is eligible to vote 23
in that election; and 24
(2) (i) the individual’s name does not appear on the election register; 25
(ii) an election official asserts that the individual is not eligible to 26
vote; [or] 27
(iii) the individual does not have the necessary identification; OR 28
(IV) THE INDIVIDUAL HAS D ECLINED TO AFFILIATE WITH A 29
POLITICAL PARTY AND APPLIES TO CHANGE THE VOTER ’S EXISTING VOTER 30
REGISTRATION TO AFFI LIATE WITH A POLITIC AL PARTY DURING EARL Y VOTING 31
BEFORE A PRIMARY ELE CTION. 32 4 SENATE BILL 99
11–303. 1
(d) (4) For the purposes of this section, an individual is qualified to vote the 2
provisional ballot cast if the local board determines that: 3
(i) the individual is registered in the State; 4
(ii) if the provisional ballot was cast because the voter failed to 5
provide required identification, the individual who cast the provisional ballot has met the 6
identification requirements established by the State Board; [and] 7
(iii) if the provisional ballot was cast during a period covered by a 8
court order or other order extending the time for closing the polls, the order has not been 9
invalidated by a subsequent court order; AND 10
(IV) IF THE PROVISIONAL B ALLOT WAS CAST DURING EARLY 11
VOTING BEFORE A PRIMARY ELE CTION BY AN INDIVIDUAL WHO WAS NOT 12
AFFILIATED WI TH A POLITICAL PARTY , THE INDIVIDUAL APPLIED TO AFFILIATE 13
WITH A POLITICAL PAR TY. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
January 1, 2025. 16