EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0337*
SENATE BILL 337
G1 5lr0732
CF HB 412
By: Senator Kagan
Introduced and read first time: January 16, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Elections – Local Boards of Elections and Boards of Canvassers – Open Meeting 2
Requirements 3
(Local Boards of Elections Transparency Act) 4
FOR the purpose of establishing enhanced open meeting requirements for each local board 5
of elections and each local board of canvassers; and generally relating to open 6
meeting requirements for local boards of elections and boards of canvassers. 7
BY adding to 8
Article – Election Law 9
Section 2–208 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Election Law 14
Section 11–301, 11–302(a), and 11–303(a) 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Election Law 20
2–208. 21
(A) EACH LOCAL BOARD SHAL L MAKE PUBLICLY AVAI LABLE ON ITS 22
WEBSITE EACH OPEN ME ETING AGENDA , TOGETHER WITH A SUMM ARY OF ANY 23 2 SENATE BILL 337
FINALIZED DOCUMENTS , WRITTEN TESTIMONY FR OM THE PUBLIC , AND OTHER 1
MATERIALS THAT THE L OCAL BOARD WILL VOTE ON AT THE OPEN MEETI NG: 2
(1) AT LEAST 48 HOURS IN ADVANCE OF EACH MEETING ; OR 3
(2) IF THE MEETING IS BE ING HELD DUE TO AN E MERGENCY, A 4
NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS FAR IN 5
ADVANCE OF THE MEETI NG AS PRACTICABLE . 6
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 7
EACH LOCAL BOARD SHA LL PROVIDE LIVE VIDE O STREAMING OF EACH OPEN 8
MEETING HELD BY THE LOCAL BO ARD. 9
(2) THE LIVE STREAMING VI DEO REQUIREMENT UNDE R PARAGRAPH 10
(1) OF THIS SUBSECTION DOES NOT APPLY WITH RESPECT TO: 11
(I) AN OPEN MEETING HELD OFF –SITE; 12
(II) A PROJECT SITE VISIT ; OR 13
(III) AN INSPECTION CONDUC TED BY THE LOCAL BOA RD. 14
(C) EACH LOCAL BOARD SHAL L MAINTAIN A COMPLETE AND UNEDI TED 15
ARCHIVED VIDEO RECOR DING OF EACH OPEN ME ETING FOR WHICH LIVE VIDEO 16
STREAMING WAS PROVIDED UNDER SUBSECTION (B) OF THIS SECTION FOR A 17
MINIMUM OF 5 YEARS AFTER THE DATE OF TH E MEETING. 18
11–301. 19
(a) A board of canvassers shall: 20
(1) convene at the designated counting center for that county on or before 21
the day of the election, but not later than 5 p.m. on that day, and be sworn in; and 22
(2) meet only in public session. 23
(B) A BOARD OF CANVASSERS AND THE STAFF OF A L OCAL BOARD SHALL : 24
(1) PROVIDE LIVE VIDEO S TREAMING OF THE CANV ASS; AND 25
(2) MAINTAIN A COMPLETE AND UNEDITED ARCHIVED VIDEO 26
RECORDING OF THE CAN VASS FOR A MINIMUM O F 5 YEARS AFTER THE DATE OF THE 27
COMPLETION OF THE CA NVASS. 28
SENATE BILL 337 3
[(a–1)] (C) (1) Subject to paragraph (3) of this subsection, a board of canvassers 1
and the staff of a local board may be observed IN PERSON as they complete each part of 2
the canvass by authorized observers designated under paragraph (2) of this subsection and 3
any other individuals who wish to be present. 4
(2) The following individuals or entities have the right to designate a 5
registered voter as an observer at each counting center: 6
(i) a candidate; 7
(ii) a political party; and 8
(iii) any other group of voters supporting or opposing a candidate, 9
principle, or proposition on the ballot. 10
(3) The State Board may adopt regulations prohibiting IN–PERSON public 11
observation of a part of the canvass only if prohibiting IN–PERSON public observation is 12
necessary to ensure: 13
(i) the integrity or accuracy of the canvass; or 14
(ii) that the canvass process is not impeded. 15
(4) The State Board shall ensure that the requirements of this subsection 16
are implemented uniformly and consistently by each local board. 17
[(b)] (D) Each board of canvassers shall elect by majority vote a chairman and 18
secretary from among its members. 19
[(c)] (E) Each member of the board of canvassers shall take an oath, 20
administered and recorded by the clerk of the circuit court, to canvass and declare the votes 21
cast truthfully and to perform other duties required by law. 22
[(d)] (F) (1) At the first meeting of the board of canvassers for the purpose of 23
canvassing, a majority of the whole board of canvassers shall be a quorum. 24
(2) If a quorum is not present, the members present shall adjourn until the 25
next day. 26
[(e)] (G) Except as otherwise provided in this article, all decisions shall be 27
reached by a majority vote of the members present. 28
[(f)] (H) In Montgomery County and Prince George’s County, if a member is not 29
present at the scheduled time for vote canvassing, a substitute member of the board of 30
canvassers may be sworn in. 31
4 SENATE BILL 337
[(g)] (I) At least one member of the board of canvassers present shall be a 1
registered voter of the principal minority party. 2
[(h)] (J) Once the board has satisfied the requirements of subsections (a) 3
through [(g)] (I) of this section, it may proceed with the canvass in accordance with the 4
regulations of the State Board. 5
11–302. 6
(a) (1) Each local board shall: 7
(I) meet at its designated counting center to canvass the absentee 8
ballots cast in that election in accordance with the regulations and guidelines established 9
by the State Board; AND 10
(II) COMPLY WITH THE LIVE VIDEO STREA MING AND ARCHIVAL 11
REQUIREMENTS OF § 11–301(B) OF THIS SUBTITLE . 12
(2) Promptly after receipt of an absentee ballot, a local board shall review 13
the ballot envelope or ballot/return envelope for the omission of the voter’s signature on the 14
oath. 15
(3) A local board shall record the receipt of an absentee ballot in the 16
statewide voter registration system and make the information available through the free 17
access system established under COMAR 33.11.06.03 as soon as practicable, but not later 18
than: 19
(i) 2 business days after receipt of an absentee ballot provided by 20
mail; or 21
(ii) 4 business days after receipt of an absentee ballot provided 22
through the Internet or by facsimile transmission. 23
11–303. 24
(a) Following an election, each local board shall: 25
(1) meet at its designated counting center to canvass the provisional ballots 26
cast in that election in accordance with the regulations and guidelines established by the 27
State Board; AND 28
(2) COMPLY WITH THE LIVE VIDEO STREA MING AND ARCHIVAL 29
REQUIREMENTS OF § 11–301(B) OF THIS SUBTITLE . 30
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 31
2025, the State Board of Elections shall adopt regulations to ensure that the live streaming 32 SENATE BILL 337 5
requirements under §§ 2–208 and 11–301 of the Election Law Article, as enacted by Section 1
1 of this Act, are implemented in a manner that: 2
(1) maximizes transparency of open meetings of local boards and the 3
canvassing of ballots; and 4
(2) as applicable, protects the anonymity of voters. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 6
1, 2025. 7