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Maryland House Bill HB839

Maryland 2025 Regular Session

Maryland House Bill HB839 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0839*
96
107 HOUSE BILL 839
118 G1 5lr2727
129 CF SB 543
1310 By: Delegate Roberson
1411 Introduced and read first time: January 29, 2025
1512 Assigned to: Ways and Means
16-Committee Report: Favorable
17-House action: Adopted
18-Read second time: February 26, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Election Law – Provisional Ballots – Nonpartisan Board of Education Contests 2
2519
2620 FOR the purpose of providing that a voter is qualified to vote a provisional ballot if the 3
2721 provisional ballot was cast because the voter claimed a different political party 4
2822 affiliation from the political party affiliation on record for the voter and the voter 5
2923 made a selection in a nonpartisan board of education contest; requiring a local board 6
3024 of canvassers to count only the votes cast in a nonpartisan board of education contest 7
3125 if the voter cast a provisional ballot for a different political party from the political 8
3226 party affiliation on record for the voter; and generally relating to provisional ballots. 9
3327
3428 BY repealing and reenacting, with amendments, 10
3529 Article – Election Law 11
3630 Section 11–303(d) and (e) 12
3731 Annotated Code of Maryland 13
3832 (2022 Replacement Volume and 2024 Supplement) 14
3933
4034 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
4135 That the Laws of Maryland read as follows: 16
4236
4337 Article – Election Law 17
4438
4539 11–303. 18
40+
41+ (d) (1) Subject to § 11–303.2 of this subtitle, a local board may not reject a 19
42+provisional ballot except by unanimous vote and in accordance with regulations of the State 20
43+Board. 21
44+
45+ (2) The local board shall reject a provisional ballot if: 22
4646 2 HOUSE BILL 839
4747
4848
49- (d) (1) Subject to § 11–303.2 of this subtitle, a local board may not reject a 1
50-provisional ballot except by unanimous vote and in accordance with regulations of the State 2
51-Board. 3
49+ (i) pursuant to paragraph (4) of this subsection, the local board 1
50+determines that the individual who cast the provisional ballot is not qualified to vote that 2
51+provisional ballot; 3
5252
53- (2) The local board shall reject a provisional ballot if: 4
53+ (ii) the individual failed to sign the oath on the provisional ballot 4
54+application; or 5
5455
55- (i) pursuant to paragraph (4) of this subsection, the local board 5
56-determines that the individual who cast the provisional ballot is not qualified to vote that 6
57-provisional ballot; 7
56+ (iii) the local board determines that a provisional ballot is 6
57+intentionally marked with an identifying mark that is clearly evident and placed on the 7
58+ballot for the purpose of identifying the ballot. 8
5859
59- (ii) the individual failed to sign the oath on the provisional ballot 8
60-application; or 9
60+ (3) If the intent of the voter with respect to a particular contest is not 9
61+clearly demonstrated, the local board shall reject only the vote for that contest. 10
6162
62- (iii) the local board determines that a provisional ballot is 10
63-intentionally marked with an identifying mark that is clearly evident and placed on the 11
64-ballot for the purpose of identifying the ballot. 12
63+ (4) For the purposes of this section, an individual is qualified to vote the 11
64+provisional ballot cast if the local board determines that: 12
6565
66- (3) If the intent of the voter with respect to a particular contest is not 13
67-clearly demonstrated, the local board shall reject only the vote for that contest. 14
66+ (i) the individual is registered in the State; 13
6867
69- (4) For the purposes of this section, an individual is qualified to vote the 15
70-provisional ballot cast if the local board determines that: 16
68+ (ii) if the provisional ballot was cast because the voter failed to 14
69+provide required identification, the individual who cast the provisional ballot has met the 15
70+identification requirements established by the State Board; [and] 16
7171
72- (i) the individual is registered in the State; 17
72+ (iii) if the provisional ballot was cast during a period covered by a 17
73+court order or other order extending the time for closing the polls, the order has not been 18
74+invalidated by a subsequent court order; AND 19
7375
74- (ii) if the provisional ballot was cast because the voter failed to 18
75-provide required identification, the individual who cast the provisional ballot has met the 19
76-identification requirements established by the State Board; [and] 20
76+ (IV) IF THE PROVISIONAL B ALLOT WAS CAST BECAU SE THE 20
77+VOTER CLAIMED A DIFF ERENT POLITICAL PARTY AF FILIATION FROM THE 21
78+POLITICAL PARTY AFFI LIATION ON RECORD FO R THE VOTER, THE VOTER MADE A 22
79+SELECTION IN A NONPA RTISAN BOARD OF EDUC ATION CONTEST ON THE BALLOT. 23
7780
78- (iii) if the provisional ballot was cast during a period covered by a 21
79-court order or other order extending the time for closing the polls, the order has not been 22
80-invalidated by a subsequent court order; AND 23
81+ (e) A local board shall count: 24
8182
82- (IV) IF THE PROVISIONAL B ALLOT WAS CAST BECAU SE THE 24
83-VOTER CLAIMED A DIFF ERENT POLITICAL PART Y AFFILIATION FROM T HE 25
84-POLITICAL PARTY AFFI LIATION ON RECORD FO R THE VOTE R, THE VOTER MADE A 26
85-SELECTION IN A NONPA RTISAN BOARD OF EDUC ATION CONTEST ON THE BALLOT. 27
83+ (1) the entire provisional ballot if the address on the provisional ballot 25
84+application is within the precinct where the provisional ballot was cast; [or] 26
8685
87- (e) A local board shall count: 28
86+ (2) only the votes cast by the voter for each candidate or question applicable 27
87+to the precinct in which the voter resides, as determined by the address on the provisional 28
88+ballot application of the voter; OR 29
8889
89- (1) the entire provisional ballot if the address on the provisional ballot 29
90-application is within the precinct where the provisional ballot was cast; [or] 30
91-
92- (2) only the votes cast by the voter for each candidate or question applicable 31
93-to the precinct in which the voter resides, as determined by the address on the provisional 32
94-ballot application of the voter; OR 33 HOUSE BILL 839 3
90+ (3) ONLY THE VOTES CAST BY THE VOTER IN A NO NPARTISAN BOARD 30
91+OF EDUCATION CONTEST IF THE VOTER CAST A PROVISIONAL BALLOT F OR A 31
92+DIFFERENT POLITICAL PARTY FROM THE POLIT ICAL PARTY AFFILIATION ON 32
93+RECORD FOR THE VOTER . 33
94+ HOUSE BILL 839 3
9595
9696
97+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
98+October 1, 2025. 2
9799
98- (3) ONLY THE VOTES C AST BY THE VOTER IN A NONPARTISAN BOARD 1
99-OF EDUCATION CONTEST IF THE VOTER CAST A PROVISIONAL BALLOT F OR A 2
100-DIFFERENT POLITICAL PARTY FROM THE POLIT ICAL PARTY AFFILIATI ON ON 3
101-RECORD FOR THE VOTER . 4
102-
103- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
104-October 1, 2025. 6
105-
106-
107-
108-
109-Approved:
110-________________________________________________________________________________
111- Governor.
112-________________________________________________________________________________
113- Speaker of the House of Delegates.
114-________________________________________________________________________________
115- President of the Senate.