Maryland 2025 Regular Session

Maryland House Bill HB91 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	hb0091
6	6
7	7	HOUSE BILL 91
8	8	G1 5lr1509
9	9	HB 192/24 – W&M (PRE–FILED)
10	10	By: Delegates R. Long, Arentz, Chisholm, Grammer, Hartman, Miller, T. Morgan,
11	11	Nawrocki, Rose, Schmidt, Szeliga, and Tomlinson
12	12	Requested: October 30, 2024
13	13	Introduced and read first time: January 8, 2025
14	14	Assigned to: Ways and Means
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Elections – In–Person Voting – Proof of Identity 2
21	21
22	22	FOR the purpose of requiring an election judge to establish a voter’s identity by requiring 3
23	23	the voter to present certain proof of identity; requiring a voter to vote a provisional 4
24	24	ballot if the voter is unable to provide certain proof of identity; prohibiting a person 5
25	25	from knowingly and willfully voting or attempting to vote under a false form of 6
26	26	identification; and generally relating to requiring voters to present proof of identity 7
27	27	at a polling place. 8
28	28
29	29	BY repealing and reenacting, with amendments, 9
30	30	Article – Election Law 10
31	31	Section 10–310 and 16–201 11
32	32	Annotated Code of Maryland 12
33	33	(2022 Replacement Volume and 2024 Supplement) 13
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
36	36	That the Laws of Maryland read as follows: 15
37	37
38	38	Article – Election Law 16
39	39
40	40	10–310. 17
41	41
42	42	(a) For each individual who seeks to vote, an election judge, in accordance with 18
43	43	instructions provided by the local board, shall: 19
44	44
45	45	(1) locate the individual’s name in the election register and locate the 20
46	46	preprinted voting authority card and then [authorize the individual to vote a regular ballot] 21 2 HOUSE BILL 91
47	47
48	48
49	49	ESTABLISH THE VOTER ’S IDENTITY AS PROVID ED IN SUBSECTION (B) OF THIS 1
50	50	SECTION; AND 2
51	51
52	52	(2) (i) if the individual’s name is not found on the election register, 3
53	53	search the inactive list and if the name is found, [authorize the individual to vote a regular 4
54	54	ballot] ESTABLISH THE VOTER ’S IDENTITY AS PROVID ED IN SUBSECTION (B) OF THIS 5
55	55	SECTION; or 6
56	56
57	57	(ii) if the individual’s name is not on the inactive list, refer the 7
58	58	individual for provisional ballot voting under § 9–404 of this article[;]. 8
59	59
60	60	[(3)] (B) THE ELECTION JUDGE SH ALL establish the VOTER’S identity 9
61	61	[of the voter] by: 10
62	62
63	63	(1) requesting the voter to state the month and day of the voter’s birth and 11
64	64	comparing the response to the information listed in the election register; 12
65	65
66	66	(2) REQUIRING THE VOTER TO PRESE NT: 13
67	67
68	68	(I) A VALID GOVERNMENT –ISSUED PHOTO IDENTIF ICATION; OR 14
69	69
70	70	(II) 1. A VALID NONGOVERNMEN T–ISSUED PHOTO 15
71	71	IDENTIFICATION ; AND 16
72	72
73	73	2. A CURRENT UTILITY BI LL, BANK STATEMENT , 17
74	74	PAYCHECK, GOVERNMENT CHECK , OR OTHER GOVERNMENT DOCUMENT THAT 18
75	75	STATES THE VOTER ’S NAME AND ADDRESS ; 19
76	76
77	77	[(4)] (3) (i) except if a voter’s personal information has been deemed 20
78	78	confidential by the local board, verify the address of the voter’s residence; or 21
79	79
80	80	(ii) conduct an alternative verification as established by the State 22
81	81	Board, if the voter’s personal information has been deemed confidential by the local board; 23
82	82
83	83	[(5)] (4) if any changes to the voting authority card are indicated by a 24
84	84	voter, make the appropriate changes in information on the card or other appropriate form; 25
85	85	and 26
86	86
87	87	[(6)] (5) have the voter sign the voting authority card and either issue the 27
88	88	voter a ballot or send the voter to a machine to vote. 28
89	89
90	90	[(b)] (C) (1) [On] EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS 29
91	91	SECTION, ON the completion of the procedures set forth in [subsection (a)] SUBSECTIONS 30
92	92	(A) AND (B) of this section, [a] THE ELECTION JUDGE S HALL AUTHORIZE THE 31
93	93	INDIVIDUAL TO VOTE A REGULAR BALLOT . 32 HOUSE BILL 91 3
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95	95
96	96
97	97	(2) A voter may vote A REGULAR BALLOT in accordance with the 1
98	98	procedures appropriate to the voting system used in the polling place. 2
99	99
100	100	(D) THE ELECTION JUDGE SH ALL REFER THE INDIVI DUAL FOR A 3
101	101	PROVISIONAL BALLOT U NDER § 9–404 OF THIS ARTICLE IF T HE VOTER IS UNABLE T O 4
102	102	PROVIDE IDENTIFICATI ON AS REQUIRED UNDER SUBSECTION (B)(2) OF THIS 5
103	103	SECTION. 6
104	104
105	105	[(c)] (E) (1) Before a voter enters a voting booth, at the request of the voter, 7
106	106	an election judge shall: 8
107	107
108	108	(i) instruct the voter about the operation of the voting system; and 9
109	109
110	110	(ii) allow the voter an opportunity to operate a model voting device, 10
111	111	if appropriate to the voting system in use. 11
112	112
113	113	(2) (i) 1. After a voter enters the voting booth, at the request of the 12
114	114	voter, two election judges representing different political parties shall instruct the voter on 13
115	115	the operation of the voting device. 14
116	116
117	117	2. An election judge may not suggest in any way how the 15
118	118	voter should vote for a particular ticket, candidate, or position on a question. 16
119	119
120	120	3. After instructing the voter, the election judges shall exit 17
121	121	the voting booth and allow the voter to vote privately. 18
122	122
123	123	(ii) A voter may take into the polling place any written or printed 19
124	124	material to assist the voter in marking or preparing the ballot. 20
125	125
126	126	(3) (i) Except as provided in subparagraph (ii) of this paragraph, a voter 21
127	127	who requires assistance in marking or preparing the ballot because of a physical disability 22
128	128	or an inability to read the English language may choose any individual to assist the voter. 23
129	129
130	130	(ii) A voter may not choose the voter’s employer or agent of that 24
131	131	employer or an officer or agent of the voter’s union to assist the voter in marking the ballot. 25
132	132
133	133	(4) If the voter requires the assistance of another in voting but declines to 26
134	134	select an individual to assist, an election judge, in the presence of another election judge 27
135	135	that represents another political party, shall assist the voter in the manner prescribed by 28
136	136	the voter. 29
137	137
138	138	(5) An individual assisting a voter may not suggest in any way how the 30
139	139	voter should vote for a particular ticket, candidate, or position on a question. 31
140	140	4 HOUSE BILL 91
141	141
142	142
143	143	(6) If a voter requires assistance under paragraph (4) or (5) of this 1
144	144	subsection, the election judge shall record, on a form prescribed by the State Board, the 2
145	145	name of the voter who required assistance and the name of the individual providing 3
146	146	assistance to the voter. 4
147	147
148	148	(7) Except as provided in paragraph (3) or (4) of this subsection, an 5
149	149	individual over the age of 17 years may not accompany a voter into a voting booth. 6
150	150
151	151	16–201. 7
152	152
153	153	(a) In this section, “influence” includes the use of pressure, deception, trickery, or 8
154	154	direct or indirect authority to induce action or to change the decision or act of another, 9
155	155	regardless of the medium used. 10
156	156
157	157	(b) A person may not willfully and knowingly: 11
158	158
159	159	(1) (i) impersonate another person in order to vote or attempt to vote; 12
160	160	[or] 13
161	161
162	162	(ii) vote or attempt to vote under a false name; OR 14
163	163
164	164	(III) VOTE OR ATTEMPT TO V OTE UNDER A FALSE FO RM OF 15
165	165	IDENTIFICATION ; 16
166	166
167	167	(2) vote more than once for a candidate for the same office or for the same 17
168	168	ballot question; 18
169	169
170	170	(3) vote or attempt to vote more than once in the same election, or vote in 19
171	171	more than one election district or precinct; 20
172	172
173	173	(4) vote in an election district or precinct without the legal authority to vote 21
174	174	in that election district or precinct; 22
175	175
176	176	(5) influence or attempt to influence a voter’s voting decision through the 23
177	177	use of force, threat, menace, intimidation, bribery, reward, or offer of reward; 24
178	178
179	179	(6) influence or attempt to influence a voter’s decision, through the use of 25
180	180	force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 26
181	181
182	182	(i) go to the polls to cast a vote; or 27
183	183
184	184	(ii) vote by other lawful means; or 28
185	185
186	186	(7) engage in conduct that results or has the intent to result in the denial 29
187	187	or abridgement of the right of any citizen of the United States to vote on account of race, 30
188	188	color, or disability. 31
189	189	HOUSE BILL 91 5
190	190
191	191
192	192	(c) Except as provided in § 16–1002 of this title, a person who violates this section 1
193	193	is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 2
194	194	imprisonment for not more than 5 years or both. 3
195	195
196	196	(d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 4
197	197
198	198	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
199	199	October 1, 2025. 6
200	200