Maryland 2025 Regular Session

Maryland House Bill HB642 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	hb0642
6	6
7	7	HOUSE BILL 642
8	8	G1 5lr2928
9	9
10	10	By: Delegates Ruth, Ebersole, Fair, Forbes, Guyton, Harris, Jackson, Lehman,
11	11	McCaskill, Pasteur, Phillips, Stein, Terrasa, and White Holland
12	12	Introduced and read first time: January 23, 2025
13	13	Assigned to: Ways and Means
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Election Law – Registered Voter List and Petitions 2
20	20	(Ballot Petition Modernization Act) 3
21	21
22	22	FOR the purpose of requiring the State Board of Elections to adopt regulations for the 4
23	23	secure storage and use of voter data from the list of registered voters and specifying 5
24	24	procedures and requirements relating to electronic signatures; establishing and 6
25	25	altering certain provisions governing the petition process, including provisions 7
26	26	regarding the collection and invalidation of signatures, use of electronic signatures, 8
27	27	and attestations by petition circulators; repealing and altering prohibitions related 9
28	28	to signatures on petitions; and generally relating to the registered voter list and 10
29	29	petitions. 11
30	30
31	31	BY repealing and reenacting, without amendments, 12
32	32	Article – Election Law 13
33	33	Section 1–101(a) and (y), 6–101(a), (d), and (i), and 6–210(b) 14
34	34	Annotated Code of Maryland 15
35	35	(2022 Replacement Volume and 2024 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – Election Law 18
39	39	Section 3–506(a), 6–103(a), 6–203, 6–204, 6–210(c), (d), and (e), and 16–401 19
40	40	Annotated Code of Maryland 20
41	41	(2022 Replacement Volume and 2024 Supplement) 21
42	42
43	43	BY adding to 22
44	44	Article – Election Law 23
45	45	Section 6–208.1 and 6–210(c) 24
46	46	Annotated Code of Maryland 25
47	47	(2022 Replacement Volume and 2024 Supplement) 26
48	48	2 HOUSE BILL 642
49	49
50	50
51	51	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52	52	That the Laws of Maryland read as follows: 2
53	53
54	54	Article – Election Law 3
55	55
56	56	1–101. 4
57	57
58	58	(a) In this article the following words have the meanings indicated unless a 5
59	59	different meaning is clearly intended from the context. 6
60	60
61	61	(y) “Electronic signature” means an electronic sound, symbol, or process attached 7
62	62	to or logically associated with a record and executed or adopted by a person with the intent 8
63	63	to sign the record. 9
64	64
65	65	3–506. 10
66	66
67	67	(a) (1) A copy of a list of registered voters shall be provided to a Maryland 11
68	68	registered voter on receipt of: 12
69	69
70	70	(i) a written application; and 13
71	71
72	72	(ii) a statement, signed under oath, that the list is not intended to be 14
73	73	used for: 15
74	74
75	75	1. commercial solicitation; or 16
76	76
77	77	2. any other purpose not related to the electoral process. 17
78	78
79	79	(2) In consultation with the local boards, the State Board shall adopt 18
80	80	regulations that specify: 19
81	81
82	82	(i) the time for a list to be provided under this subsection; 20
83	83
84	84	(ii) the authorization to be required for providing a list; 21
85	85
86	86	(iii) the fee to be paid for providing a list; 22
87	87
88	88	(iv) the information to be included on a list; 23
89	89
90	90	(v) that the residence address of an individual who is a participant 24
91	91	in an address confidentiality program may not be disclosed; 25
92	92
93	93	(vi) that a participant in an address confidentiality program is not 26
94	94	required to apply to the State Board to keep the individual’s residence address confidential; 27
95	95
96	96	(vii) the format of the information; [and] 28
97	97	HOUSE BILL 642 3
98	98
99	99
100	100	(viii) the medium or media on which the information is to be provided; 1
101	101	AND 2
102	102
103	103	(IX) REQUIREMENTS FOR SEC URE STORAGE AND USE OF VOTER 3
104	104	DATA. 4
105	105
106	106	6–101. 5
107	107
108	108	(a) In this title the following words have the meanings indicated. 6
109	109
110	110	(d) “Circulator” means an individual who attests to one or more signatures affixed 7
111	111	to a petition. 8
112	112
113	113	(i) “Petition” means all of the associated pages necessary to fulfill the 9
114	114	requirements of a process established by the law by which individuals affix their signatures 10
115	115	as evidence of support for: 11
116	116
117	117	(1) placing the name of an individual, the names of individuals, or a 12
118	118	question on the ballot at any election; 13
119	119
120	120	(2) the creation of a new political party; or 14
121	121
122	122	(3) the appointment of a charter board under Article XI–A, § 1A of the 15
123	123	Maryland Constitution. 16
124	124
125	125	6–103. 17
126	126
127	127	(a) (1) The State Board shall adopt regulations, consistent with this title, to 18
128	128	carry out the provisions of this title. 19
129	129
130	130	(2) The regulations shall: 20
131	131
132	132	(i) prescribe the form and content of petitions; 21
133	133
134	134	(ii) specify procedures for the circulation of petitions for signatures, 22
135	135	INCLUDING THE COLLEC TION OF ELECTRONIC S IGNATURES; 23
136	136
137	137	(III) SPECIFY THE REQUIREM ENTS FOR THE VERIFICATION OF 24
138	138	ELECTRONIC SIGNATURE S ON ANY ELECTRONIC SIGNATURE PAGE ; 25
139	139
140	140	(IV) SPECIFY REQUIREMENTS FOR ACCESSIBILITY OF 26
141	141	ELECTRONIC SIGNATURE PAGES FOR PEOPLE WIT H DISABILITIES; 27
142	142
143	143	[(iii)] (V) specify procedures for the verification and counting of 28
144	144	signatures; and 29
145	145	4 HOUSE BILL 642
146	146
147	147
148	148	[(iv)] (VI) provide any other procedural or technical requirements 1
149	149	that the State Board considers appropriate. 2
150	150
151	151	6–203. 3
152	152
153	153	(a) To sign a petition, an individual shall: 4
154	154
155	155	(1) sign the individual’s name [as it appears on the statewide voter 5
156	156	registration list or the individual’s surname of registration and at least one full given name 6
157	157	and the initials of any other names]; and 7
158	158
159	159	(2) include the following information, printed or typed, in the spaces 8
160	160	provided: 9
161	161
162	162	(i) the signer’s name as it was signed; 10
163	163
164	164	(ii) the signer’s address; 11
165	165
166	166	(iii) the date of signing; and 12
167	167
168	168	(iv) other information required by regulations adopted by the State 13
169	169	Board. 14
170	170
171	171	(b) ANY INFORMATION REQUE STED FROM AN INDIVID UAL SIGNING A 15
172	172	PETITION THAT IS NOT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHAL L 16
173	173	BE CLEARLY MARKED AS OPTIONAL ON ANY SIGN ATURE PAGE. 17
174	174
175	175	(C) The signature of an individual shall be validated and counted if: 18
176	176
177	177	(1) the requirements of subsection (a) of this section have been satisfied; 19
178	178
179	179	(2) THE IDENTITY OF THE IN DIVIDUAL REASONABLY CAN BE 20
180	180	DETERMINED USING THE INFORMATION REQUIRED UNDER SUBSECTION (A) OF THIS 21
181	181	SECTION; 22
182	182
183	183	(3) the individual is a registered voter assigned to the county specified on 23
184	184	the signature page and, if applicable, in a particular geographic area of the county; 24
185	185
186	186	[(3) the individual has not previously signed the same petition;] 25
187	187
188	188	(4) the signature is attested by an affidavit appearing on the page on which 26
189	189	the signature appears; 27
190	190
191	191	(5) the date accompanying the signature is not later than the date of the 28
192	192	affidavit on the page; and 29
193	193	HOUSE BILL 642 5
194	194
195	195
196	196	(6) if applicable, the signature was affixed within the requisite period of 1
197	197	time, as specified by law. 2
198	198
199	199	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , IF 3
200	200	THE ELECTION AUTHORI TY REASONABLY CAN CONFIR M THE IDENTITY OF AN 4
201	201	INDIVIDUAL, THE ELECTION AUTHORI TY MAY NOT INVALIDAT E THE INDIVIDUAL ’S 5
202	202	SIGNATURE BECAUSE TH E INDIVIDUAL SIGNED A PETITION USING A D ERIVATIVE OF 6
203	203	THE INDIVIDUAL ’S GIVEN NAME. 7
204	204
205	205	(2) IF AN INDIVIDUAL’S SURNAME ON A PET ITION DOES NOT EXACT LY 8
206	206	MATCH THE INDIVIDUAL ’S SURNAME AS IT APPE ARS IN THE INDIVIDUA L’S VOTER 9
207	207	REGISTRATION RECORD , THE ELECTION AUTHORI TY SHALL INVALIDATE THE 10
208	208	INDIVIDUAL’S SIGNATURE. 11
209	209
210	210	(E) IF AN INDIVIDUAL SIGN S THE SAME PETITION MORE THAN ONCE : 12
211	211
212	212	(1) THE FIRST SIGNATURE OF T HAT INDIVIDUAL TO BE VALIDATED 13
213	213	SHALL BE COUNTED ; AND 14
214	214
215	215	(2) ANY SUBSEQUENT SIGNA TURE OF THAT INDIVID UAL ON THE SAME 15
216	216	PETITION SHALL BE IN VALIDATED. 16
217	217
218	218	(F) (1) A PETITION MAY CONTAIN THE ELECTRONIC SIGNA TURES OF: 17
219	219
220	220	(I) INDIVIDUALS SIGNING THE PETITION ; OR 18
221	221
222	222	(II) CIRCULATORS CIRCULAT ING ANY OF THE SIGNA TURE 19
223	223	PAGES FILED WITH THE PETITION. 20
224	224
225	225	(2) (I) AN ELECTRONIC SIGNATU RE SHALL BE ELECTRON ICALLY 21
226	226	SIGNED, TYPED, OR AFFIXED ONTO A FO RM PRESCRIBED BY THE STATE BOARD. 22
227	227
228	228	(II) AN ELECTR ONIC SIGNATURE MUST REFLECT THE 23
229	229	AFFIRMATIVE ACTION O F THE SIGNER TO ELEC TRONICALLY SIGN , TYPE, OR AFFIX 24
230	230	THE SIGNER’S NAME ONTO THE SIGN ATURE PAGE OF A PETI TION. 25
231	231
232	232	(3) (I) THE CIRCULATOR WHO AT TESTS TO AN ELECTRON IC 26
233	233	SIGNATURE ON A PETIT ION SHALL PERSONALLY OBSERVE THE SIGNER O F THE 27
234	234	ELECTRONIC SIGNATURE WHILE THE SIGNER IS PROVIDING THE SIGNAT URE. 28
235	235
236	236	(II) A CIRCULATOR MAY NOT A TTEST TO THE PERSONA L 29
237	237	OBSERVATION OF AN EL ECTRONIC SIGNATURE U NDER SUBPARAGRAPH (I) OF THIS 30
238	238	PARAGRAPH IF THE CIR CULATOR WITNESSED TH E SIGNING REMOTELY . 31
239	239	6 HOUSE BILL 642
240	240
241	241
242	242	[(c)] (G) (1) A signature may be removed: 1
243	243
244	244	(i) by the signer upon written application to the election authority 2
245	245	with which the petition will be filed if the application is received by the election authority 3
246	246	prior to the filing of that signature; or 4
247	247
248	248	(ii) prior to the filing of that signature, by the circulator who attested 5
249	249	to that signature or by the sponsor of the petition, if it is concluded that the signature does 6
250	250	not satisfy the requirements of this title. 7
251	251
252	252	(2) A signature removed pursuant to paragraph (1)(ii) of this subsection 8
253	253	may not be included in the number of signatures stated on the information page included 9
254	254	in the petition. 10
255	255
256	256	6–204. 11
257	257
258	258	(a) Each signature page shall contain an affidavit made and executed by the 12
259	259	individual in whose presence all of the signatures on that page were affixed and who 13
260	260	observed each of those signatures being affixed. 14
261	261
262	262	(b) The affidavit shall contain the statements, required by regulation, designed 15
263	263	to assure the validity of the signatures and the fairness of the petition process. 16
264	264
265	265	(c) A circulator must be at least 18 years old at the time any of the signatures 17
266	266	covered by the affidavit are affixed. 18
267	267
268	268	(D) AN INDIVIDUAL SIGNER MAY: 19
269	269
270	270	(1) EXECUTE AS CIRCULATO R AN AFFIDAVIT THAT COVERS THE 20
271	271	INDIVIDUAL’S OWN SIGNATURE ; AND 21
272	272
273	273	(2) ATTEST IN THE AFFIDA VIT TO THE VALIDITY OF THE INDIVIDUAL ’S 22
274	274	OWN SIGNATURE . 23
275	275
276	276	6–208.1. 24
277	277
278	278	(A) AFTER THE CHIEF ELECT ION OFFICIAL OF THE ELECTION AUTHORITY 25
279	279	NOTIFIES THE SPONSOR OF A DEFICIENCY IN A PETITION UNDER § 6–208 OF THIS 26
280	280	SUBTITLE, THE CHIEF ELECTION O FFICIAL SHALL MAKE A VAILABLE TO THE 27
281	281	SPONSOR A PHYSICAL O R ELECTRONIC COPY OF THE PETITION THAT IN DICATES THE 28
282	282	PARTICULAR DEFICIENC IES FOR EACH INVALID ATED SIGNATURE NOT LATER THAN 29
283	283	THE EARLIER OF : 30
284	284
285	285	(1) 85 DAYS BEFORE THE DATE OF THE ELECTION TO WHICH THE 31
286	286	PETITION RELATES ; OR 32 HOUSE BILL 642 7
287	287
288	288
289	289
290	290	(2) ANY OTHER APPLICABLE DEADLINE ESTABLISHED UNDER LAW. 1
291	291
292	292	(B) THE CHIEF ELECTION OF FICIAL MAY CHARGE A REASONABLE FEE THAT 2
293	293	DOES NOT EXCEED THE COST OF PRODUCING TH E COPY OF THE PETITI ON REQUIRED 3
294	294	UNDER SUBSECTION (A) OF THIS SECTION. 4
295	295
296	296	(C) (1) AN ELIGIBLE REGISTERE D VOTER WHO SIGNED A PETITION BUT 5
297	297	WHOSE SIGNATURE WAS INVALIDATED MAY CORR ECT TECHNICAL DEFICI ENCIES, 6
298	298	INCLUDING MISSING , PARTIAL, OR MISSPELLED NAMES , ADDRESSES, OR DATES, BY 7
299	299	SUBMITTING A NEW SIGNATURE PAGE T O THE ELECTION AUTHO RITY USING ANY 8
300	300	METHOD OF SUBMISSION AUTHORIZED BY THIS T ITLE NOT LATER THAN THE 9
301	301	EARLIER OF: 10
302	302
303	303	(I) 85 DAYS BEFORE THE DATE OF THE ELECTION TO W HICH 11
304	304	THE PETITION RELATES ; OR 12
305	305
306	306	(II) ANY OTHER APPLICABLE DEADLINE ESTABLISHED UNDER 13
307	307	LAW. 14
308	308
309	309	(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT ALLOW NEW 15
310	310	SIGNATURES TO BE ADD ED TO A PETITION AFT ER THE DEADLINE FOR SUBMISSION 16
311	311	OF THE PETITION UNDE R APPLICABLE LAW . 17
312	312
313	313	6–210. 18
314	314
315	315	(b) Within 2 business days after an advance determination under § 6–202 of this 19
316	316	subtitle, or a determination of deficiency under § 6–206 or § 6–208 of this subtitle, the chief 20
317	317	election official of the election authority shall notify the sponsor of the determination. 21
318	318
319	319	(C) THE CHIEF ELECTION OF FICIAL SHALL MAKE A COPY OF A PETITION 22
320	320	AVAILABLE TO THE SPO NSOR UNDER § 6–208.1(A) OF THIS SUBTITLE: 23
321	321
322	322	(1) WITHIN 1 BUSINESS DAY AFTER P AYMENT OF ANY FEE RE QUIRED 24
323	323	UNDER § 6–208.1(B) OF THIS SUBTITLE; OR 25
324	324
325	325	(2) IF A FEE IS NOT REQUIRED UNDER § 6–208.1(B) OF THIS SUBTITLE, 26
326	326	WITHIN 1 BUSINESS DAY AFTER T HE CHIEF ELECTION OF FICIAL NOTIFIES THE 27
327	327	SPONSOR OF A DEFICIE NCY IN A PETITION UN DER § 6–208.1(A)(2) OF THIS 28
328	328	SUBTITLE. 29
329	329
330	330	[(c)] (D) (1) Except as provided in paragraph (2) of this subsection, the 30
331	331	verification and counting of validated signatures on a petition shall be completed within 20 31
332	332	days after the filing of the petition. 32 8 HOUSE BILL 642
333	333
334	334
335	335
336	336	(2) If a petition seeks to place the name of an individual on the ballot for a 1
337	337	special election, the verification and counting of validated signatures on the petition shall 2
338	338	be completed within 10 days after the filing of the petition. 3
339	339
340	340	[(d)] (E) Within 1 business day of the completion of the verification and counting 4
341	341	processes, or, if judicial review is pending, within 1 business day after a final judicial 5
342	342	decision, the appropriate election official shall make the certifications required by § 6–208 6
343	343	of this subtitle. 7
344	344
345	345	[(e)] (F) (1) Except as provided in paragraph (2) of this subsection, any 8
346	346	judicial review of a determination, as provided in § 6–209 of this subtitle, shall be sought 9
347	347	by the 10th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to 10
348	348	which the judicial review relates. 11
349	349
350	350	(2) (i) If the petition seeks to place the name of an individual or a 12
351	351	question on the ballot at any election, except a presidential primary election, judicial review 13
352	352	shall be sought by the day specified in paragraph (1) of this subsection or the 69th day 14
353	353	preceding that election, whichever day is earlier. 15
354	354
355	355	(ii) If the petition seeks to place the name of an individual on the 16
356	356	ballot for a presidential primary election in accordance with § 8–502 of this article, judicial 17
357	357	review of a determination made under § 6–208(a)(2) of this subtitle shall be sought by the 18
358	358	5th day following the DATE THE SPONSOR IS NOTIFIED OF THE determination to which 19
359	359	the judicial review relates. 20
360	360
361	361	(iii) If the petition seeks to place the name of an individual on the 21
362	362	ballot for a special election, judicial review shall be sought by the 2nd day following the 22
363	363	DATE THE SPONSOR IS NOTIFIED OF THE determination to which the judicial review 23
364	364	relates. 24
365	365
366	366	(3) (i) A judicial proceeding under this subsection shall be conducted in 25
367	367	accordance with the Maryland Rules, except that: 26
368	368
369	369	1. the case shall be heard and decided without a jury and as 27
370	370	expeditiously as the circumstances require; and 28
371	371
372	372	2. an appeal shall be taken directly to the Supreme Court of 29
373	373	Maryland within 5 days after the date of the decision of the circuit court. 30
374	374
375	375	(ii) The Supreme Court of Maryland shall give priority to hear and 31
376	376	decide an appeal brought under subparagraph (i)2 of this paragraph as expeditiously as the 32
377	377	circumstances require. 33
378	378
379	379	16–401. 34
380	380
381	381	(a) A person may not willfully and knowingly: 35 HOUSE BILL 642 9
382	382
383	383
384	384
385	385	(1) give, transfer, promise, or offer anything of value for the purpose of 1
386	386	inducing another person to sign or not sign any petition; 2
387	387
388	388	(2) request, receive, or agree to receive, anything of value as an inducement 3
389	389	to sign or not to sign any petition; 4
390	390
391	391	(3) misrepresent any fact for the purpose of inducing another person to sign 5
392	392	or not to sign any petition; 6
393	393
394	394	(4) sign the name of any other person to a petition; 7
395	395
396	396	(5) falsify any signature or purported signature to a petition; 8
397	397
398	398	(6) [obtain, or attempt to obtain, any signature to a petition by fraud, 9
399	399	duress, or force] INDUCE, OR ATTEMPT TO INDUCE , ANOTHER PERSON TO SI GN OR 10
400	400	NOT SIGN ANY PETITIO N THROUGH THE USE OF FORCE, THREAT, MENACE, 11
401	401	INTIMIDATION, OR FRAUD; 12
402	402
403	403	(7) circulate, cause to be circulated, or file with an election authority a 13
404	404	petition that contains any false, forged, or fictitious signatures; 14
405	405
406	406	(8) sign a petition that the person is not legally qualified to sign; OR 15
407	407
408	408	(9) [sign a petition more than once; or 16
409	409
410	410	(10)] alter any petition after it is filed with the election authority. 17
411	411
412	412	(b) Each violation of this section shall be considered a separate offense. 18
413	413
414	414	(c) A person who violates this section is guilty of a misdemeanor and is subject to 19
415	415	the penalties provided in Subtitle 10 of this title. 20
416	416
417	417	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
418	418	1, 2025. 22
419	419