EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0322*
HOUSE BILL 322
G1 EMERGENCY BILL 5lr1711
CF SB 88
By: Delegate Wims
Introduced and read first time: January 10, 2025
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 22, 2025
CHAPTER ______
AN ACT concerning 1
Election Law – State Administrator of Elections – Municipal Elections – 2
Administration 3
FOR the purpose of authorizing the State Administrator of Elections to enter into 4
memoranda of understanding with municipalities municipal corporations that allow 5
the State Administrator to work collaboratively with a municipality municipal 6
corporation to support the administration of the municipality’s municipal 7
corporation’s elections; authorizing the State Administrator to lease a voting system 8
or other equipment used to administer an election to a municipal corporation for use 9
in a municipal election; repealing the authority of a local board of elections to lease 10
a voting system to a governmental or nongovernmental entity within the county; 11
altering the deadline for municipal corporations to request that the State Board of 12
Elections include on a ballot offices and questions to be voted on in a municipal 13
election and the certification that must be included in the request; and generally 14
relating to the administration of municipal elections. 15
BY repealing and reenacting, without amendments, 16
Article – Election Law 17
Section 2–103(a) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Election Law 22
Section 2–103(e) and (f) 23 2 HOUSE BILL 322
Annotated Code of Maryland 1
(2022 Replacement Volume and 2024 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Election Law 4
Section 9–105 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2024 Supplement) 7
BY repealing and reenacting, without amendments, 8
Article – Local Government 9
Section 4–108.3(a) and (b) 10
Annotated Code of Maryland 11
(2013 Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Local Government 14
Section 4–108.3(c) 15
Annotated Code of Maryland 16
(2013 Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE G ENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Election Law 20
2–103. 21
(a) There is a State Administrator of Elections. 22
(E) THE STATE ADMINISTRATOR MAY ENT ER INTO A MEMORANDUM OF 23
UNDERSTANDING WITH A MUNICIPALITY MUNICIPAL CORPORATIO N, THE TERMS OF 24
WHICH SHALL ALLOW TH E ADMINISTRATOR TO WORK COLLABORATIVELY WITH THE 25
MUNICIPALITY MUNICIPAL CORPORATIO N TO SUPPORT THE ADMIN ISTRATION OF 26
THE MUNICIPALITY’S MUNICIPAL CORPORATIO N’S ELECTIONS. 27
(F) (1) THE STATE ADMINISTRATOR MAY LEA SE A VOTING SYSTEM O R 28
ANY OTHER EQUIPMENT USED TO ADMINISTER A N ELECTION TO A MUNI CIPAL 29
CORPORATION FOR USE IN A MUNICIPAL ELECT ION IN ACCORDANCE WI TH A 30
MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER SUBSECTION (E) OF 31
THIS SECTION. 32
(2) THE STATE ADMINISTRATOR SHALL : 33
(I) DETERMINE THE TERMS AND CONDITIONS OF TH E LEASE; 34
AND 35 HOUSE BILL 322 3
(II) DISTRIBUTE THE PROCE EDS OF THE LEASE TO THE FAIR 1
CAMPAIGN FINANCING FUND ESTABLISHED UNDE R § 15–103 OF THIS ARTICLE. 2
9–105. 3
[(a)] Acquisition of a voting system shall be by purchase, lease, or rental and shall 4
be exempt from State, county, or municipal taxation. 5
[(b) (1) A local board may lease a voting system to any governmental or 6
nongovernmental entity within the county. 7
(2) The local board shall determine the terms and conditions of the lease. 8
(3) The local board shall pay to the governing body of the county, within 30 9
days of receipt, the proceeds of the lease.] 10
Article – Local Government 11
4–108.3. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “Ballot” means a ballot prepared by the State Board of Elections under 14
Title 9 of the Election Law Article. 15
(3) “State Board” means the State Board of Elections. 16
(b) A municipality may request that the State Board include on a ballot the offices 17
and questions to be voted on in a municipal election. 18
(c) (1) A municipality that makes a request under this section shall: 19
(i) file the request with the State Board on or before the day that is 20
[18] 9 months before the deadline date applicable for individuals who are required to file a 21
certificate of candidacy as required under § 5–303 of the Election Law Article; and 22
(ii) certify as part of the request that the charter of the municipality 23
requires, and the municipality has established, deadlines and procedures for the 24
administration of municipal elections for the municipality that are consistent with the 25
deadlines and procedures for State and county elections established by the State Board 26
with regard to: 27
1. the filing of certificates of candidacy; 28
2. the filling of a vacancy in office; 29 4 HOUSE BILL 322
3. the filing of a petition; [and] 1
4. the certification of a ballot question; 2
5. VOTER REGISTRATION ; AND 3
6. VOTING. 4
(2) (i) Except as provided in subparagraph (ii) of this paragraph, if the 5
State Board previously included a municipal election on the ballot, that municipality’s 6
elections may continue to appear on the ballot without the municipality filing an additional 7
request under this section. 8
(ii) A municipality shall file a request under this section if, since the 9
municipality’s election last appeared on the ballot, there has been a significant change in 10
the method the municipality uses to conduct its elections. 11
(3) Within 30 days after receipt of a municipality’s request under this 12
section, the State Board, after consultation with the local board in the county where the 13
municipality is located, shall notify the municipality of its decision whether to include the 14
municipal election on the ballot. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 16
measure, is necessary for the immediate preservation of the public health or safety, has 17
been passed by a yea and nay vote supported by three–fifths of all the members elected to 18
each of the two Houses of the General Assembly, and shall take effect from the date it is 19
enacted. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.