EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0253*
HOUSE BILL 253
G1, E5 5lr1278
(PRE–FILED) CF 5lr1690
By: Delegate Harris
Requested: October 18, 2024
Introduced and read first time: January 8, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Pretrial Detainees – Absentee Ballots 2
FOR the purpose of requiring the State Board of Elections or the local boards of elections 3
to automatically send an absentee ballot to each registered voter in pretrial detention 4
in a correctional facility without the voter having to submit an absentee ballot 5
application; and generally relating to sending absentee ballots to pretrial detainees. 6
BY repealing and reenacting, with amendments, 7
Article – Correctional Services 8
Section 2–501 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Election Law 13
Section 1–303.1 and 1–303.2 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Correctional Services 19
2–501. 20
(a) (1) In this section the following words have the meanings indicated. 21
2 HOUSE BILL 253
(2) “Baltimore City centralized booking facility” means the centralized 1
booking facility in Baltimore City that is operated by the Division of Pretrial Detention and 2
Services in the Department. 3
(3) “Election–related materials” means documents and other items 4
associated with the registering for and voting in an election, including: 5
(i) [absentee ballot applications; 6
(ii)] absentee ballots; and 7
[(iii)] (II) voter registration applications. 8
(4) “Eligible voter” means an individual who: 9
(i) is incarcerated at the Baltimore City centralized booking facility; 10
and 11
(ii) has the right to vote under State law. 12
(b) The Baltimore City centralized booking facility shall: 13
(1) provide a secure, designated ballot drop box from the State Board of 14
Elections to eligible voters so that they may easily submit the following election–related 15
materials to the State Board of Elections or a local board of elections: 16
(i) [absentee ballot applications; 17
(ii)] absentee ballots; and 18
[(iii)] (II) voter registration forms; 19
(2) monitor the ballot drop box provided under item (1) of this subsection 20
24 hours a day and 7 days a week; and 21
(3) disseminate written notifications directly to each eligible voter on how 22
and when to use the ballot drop box provided under item (1) of this subsection. 23
(c) (1) The State Board of Elections shall provide the Baltimore City 24
centralized booking facility with: 25
(i) the ballot drop box and written notification materials to 26
disseminate to eligible voters under subsection (b) of this section; and 27
(ii) advice and guidance in carrying out the requirements of 28
subsection (b) of this section. 29 HOUSE BILL 253 3
(2) The State shall pay for the ballot drop box. 1
(d) The Baltimore City centralized booking facility shall cooperate fully with the 2
State Board of Elections in implementing the requirements of this section. 3
Article – Election Law 4
1–303.1. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) “Baltimore City centralized booking facility” means the centralized 7
booking facility in Baltimore City that is operated by the Division of Pretrial Detention and 8
Services in the Department of Public Safety and Correctional Services. 9
(3) “Election–related materials” means documents and other items 10
associated with the registering for and voting in an election, including: 11
(i) [absentee ballot applications; 12
(ii)] absentee ballots; and 13
[(iii)] (II) voter registration applications. 14
(4) “Eligible voter” means an individual who: 15
(i) is incarcerated at the Baltimore City centralized booking facility; 16
and 17
(ii) has the right to vote under State law. 18
(b) The State Board shall adopt regulations in collaboration with the Department 19
of Public Safety and Correctional Services to provide the following at the Baltimore City 20
centralized booking facility in accordance with § 2–501 of the Correctional Services Article: 21
(1) a secure, designated ballot drop box for election–related materials; and 22
(2) written notifications on how and when eligible voters may use the ballot 23
drop box. 24
(c) (1) The State Board shall provide the ballot drop box under subsection (b) 25
of this section to the Baltimore City centralized booking facility in time to allow eligible 26
voters sufficient opportunity to submit election–related materials before any 27
election–related deadlines. 28
4 HOUSE BILL 253
(2) The local board of elections for Baltimore City shall provide staff to 1
collect: 2
(i) election–related materials submitted to the ballot drop box on at 3
least a weekly basis; and 4
(ii) the ballot drop box after an election–related deadline. 5
(3) The local board of elections for Baltimore City shall distribute the 6
election–related materials collected from the ballot drop box to the State Board or a local 7
board, as appropriate and in a timely manner. 8
(d) On or before January 1 each year, the local board of elections for Baltimore 9
City shall submit a report to the Senate Education, Health, and Environmental Affairs 10
Committee, the Senate Budget and Taxation Committee, the House Committee on Ways 11
and Means, and the House Appropriations Committee, in accordance with § 2–1257 of the 12
State Government Article, on the following information submitted to the ballot drop box, 13
disaggregated by each weekly collection from the ballot drop box and by the State Board or 14
the local board that is the intended recipient of the election–related materials: 15
(1) [the number of absentee ballot applications received and accepted; 16
(2)] absentee ballots received and accepted; and 17
[(3)] (2) other election–related materials received. 18
1–303.2. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “Correctional facility” means a facility for detaining or confining 21
individuals that is operated by a correctional unit. 22
(3) “Correctional unit” has the meaning stated in § 2–401(b) of the 23
Correctional Services Article. 24
(4) “Eligible voter” means an individual who: 25
(i) is incarcerated in a correctional facility; and 26
(ii) has the right to vote under State law. 27
(b) The State Board shall adopt regulations establishing a program to inform 28
eligible voters of upcoming elections and how eligible voters may exercise the right to vote. 29
(c) The regulations adopted under subsection (b) of this section shall require the 30
State Board or local boards to: 31 HOUSE BILL 253 5
(1) disseminate information on eligibility requirements to register to vote 1
and voter registration applications to eligible voters at least 30 days before the deadline to 2
register to vote before each election; 3
(2) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , disseminate 4
instructions on absentee voting, absentee ballot applications, and absentee ballots before 5
each election in a timely manner; 6
(3) provide frequent opportunities for eligible voters to register to vote and 7
to vote; and 8
(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , provide for the 9
timely return of voter registration applications, absentee ballot applications, and absentee 10
ballots completed by eligible voters. 11
(d) THE STATE BOARD OR THE LOCAL BOARD S SHALL AUTOMATICALLY 12
SEND AN ABSENTEE BAL LOT TO EACH REGISTERED VOTER IN PRETRIAL DETENTIO N 13
AT A CORRECTIONAL FA CILITY: 14
(1) WITHOUT THE VOTER HA VING TO SUBMIT AN AB SENTEE BALLOT 15
APPLICATION; AND 16
(2) IN SUFFICIENT TIME BEFORE ELECTION DAY FOR THE VOTER TO 17
SUBMIT THE ABSENTEE BALLOT IN A TIMELY MANNER . 18
(E) Each correctional facility shall cooperate fully with the State Board and the 19
local boards in implementing the program required under this section. 20
[(e)] (F) On or before January 15 each year, the State Board shall submit a 21
report to the Senate Education, Health, and Environmental Affairs Committee and the 22
House Ways and Means Committee, in accordance with § 2–1257 of the State Government 23
Article, that includes the following information, disaggregated by correctional facility: 24
(1) the number of eligible voters who registered to vote, attempted to vote, 25
and voted successfully by absentee ballot during the immediately preceding calendar year; 26
(2) the number of times the State Board or a local board of elections visited 27
each correctional facility during the immediately preceding calendar year, the duration of 28
each visit, and a description of the work done at each correctional facility; 29
(3) a description of any obstacles to implementing this section or § 2–501 30
of the Correctional Services Article; and 31
(4) any recommendations for improving the implementation of this section 32
or § 2–501 of the Correctional Services Article. 33 6 HOUSE BILL 253
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2025. 2