EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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.
*hb0839*
HOUSE BILL 839
G1 5lr2727
CF SB 543
By: Delegate Roberson
Introduced and read first time: January 29, 2025
Assigned to: Ways and Means
Committee Report: Favorable
House action: Adopted
Read second time: February 26, 2025
CHAPTER ______
AN ACT concerning 1
Election Law – Provisional Ballots – Nonpartisan Board of Education Contests 2
FOR the purpose of providing that a voter is qualified to vote a provisional ballot if the 3
provisional ballot was cast because the voter claimed a different political party 4
affiliation from the political party affiliation on record for the voter and the voter 5
made a selection in a nonpartisan board of education contest; requiring a local board 6
of canvassers to count only the votes cast in a nonpartisan board of education contest 7
if the voter cast a provisional ballot for a different political party from the political 8
party affiliation on record for the voter; and generally relating to provisional ballots. 9
BY repealing and reenacting, with amendments, 10
Article – Election Law 11
Section 11–303(d) and (e) 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Election Law 17
11–303. 18
2 HOUSE BILL 839
(d) (1) Subject to § 11–303.2 of this subtitle, a local board may not reject a 1
provisional ballot except by unanimous vote and in accordance with regulations of the State 2
Board. 3
(2) The local board shall reject a provisional ballot if: 4
(i) pursuant to paragraph (4) of this subsection, the local board 5
determines that the individual who cast the provisional ballot is not qualified to vote that 6
provisional ballot; 7
(ii) the individual failed to sign the oath on the provisional ballot 8
application; or 9
(iii) the local board determines that a provisional ballot is 10
intentionally marked with an identifying mark that is clearly evident and placed on the 11
ballot for the purpose of identifying the ballot. 12
(3) If the intent of the voter with respect to a particular contest is not 13
clearly demonstrated, the local board shall reject only the vote for that contest. 14
(4) For the purposes of this section, an individual is qualified to vote the 15
provisional ballot cast if the local board determines that: 16
(i) the individual is registered in the State; 17
(ii) if the provisional ballot was cast because the voter failed to 18
provide required identification, the individual who cast the provisional ballot has met the 19
identification requirements established by the State Board; [and] 20
(iii) if the provisional ballot was cast during a period covered by a 21
court order or other order extending the time for closing the polls, the order has not been 22
invalidated by a subsequent court order; AND 23
(IV) IF THE PROVISIONAL B ALLOT WAS CAST BECAU SE THE 24
VOTER CLAIMED A DIFF ERENT POLITICAL PART Y AFFILIATION FROM T HE 25
POLITICAL PARTY AFFI LIATION ON RECORD FO R THE VOTE R, THE VOTER MADE A 26
SELECTION IN A NONPA RTISAN BOARD OF EDUC ATION CONTEST ON THE BALLOT. 27
(e) A local board shall count: 28
(1) the entire provisional ballot if the address on the provisional ballot 29
application is within the precinct where the provisional ballot was cast; [or] 30
(2) only the votes cast by the voter for each candidate or question applicable 31
to the precinct in which the voter resides, as determined by the address on the provisional 32
ballot application of the voter; OR 33 HOUSE BILL 839 3
(3) ONLY THE VOTES C AST BY THE VOTER IN A NONPARTISAN BOARD 1
OF EDUCATION CONTEST IF THE VOTER CAST A PROVISIONAL BALLOT F OR A 2
DIFFERENT POLITICAL PARTY FROM THE POLIT ICAL PARTY AFFILIATI ON ON 3
RECORD FOR THE VOTER . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.