| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0337* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 337 | |
| 11 | 8 | G1 5lr0732 | |
| 12 | 9 | CF HB 412 | |
| 13 | 10 | By: Senator Kagan | |
| 14 | 11 | Introduced and read first time: January 16, 2025 | |
| 15 | 12 | Assigned to: Education, Energy, and the Environment | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 21, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Elections – Local Boards of Elections and Boards of Canvassers – Open Meeting 2 | |
| 25 | 19 | Requirements 3 | |
| 26 | 20 | (Local Boards of Elections Transparency Act) 4 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of establishing enhanced open meeting requirements for each local board 5 | |
| 29 | 23 | of elections and each local board of canvassers; and generally relating to open 6 | |
| 30 | 24 | meeting requirements for local boards of elections and boards of canvassers. 7 | |
| 31 | 25 | ||
| 32 | 26 | BY adding to 8 | |
| 33 | 27 | Article – Election Law 9 | |
| 34 | 28 | Section 2–208 10 | |
| 35 | 29 | Annotated Code of Maryland 11 | |
| 36 | 30 | (2022 Replacement Volume and 2024 Supplement) 12 | |
| 37 | 31 | ||
| 38 | 32 | BY repealing and reenacting, with amendments, 13 | |
| 39 | 33 | Article – Election Law 14 | |
| 40 | 34 | Section 11–301, 11–302(a), and 11–303(a) 15 | |
| 41 | 35 | Annotated Code of Maryland 16 | |
| 42 | 36 | (2022 Replacement Volume and 2024 Supplement) 17 | |
| 43 | 37 | ||
| 44 | 38 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
| 45 | 39 | That the Laws of Maryland read as follows: 19 | |
| 46 | 40 | ||
| 47 | 41 | Article – Election Law 20 | |
| 48 | - | 2 SENATE BILL 337 | |
| 42 | + | ||
| 43 | + | 2–208. 21 | |
| 44 | + | ||
| 45 | + | (A) EACH LOCAL BOARD SHAL L MAKE PUBLICLY AVAI LABLE ON ITS 22 | |
| 46 | + | WEBSITE EACH OPEN ME ETING AGENDA , TOGETHER WITH A SUMM ARY OF ANY 23 2 SENATE BILL 337 | |
| 49 | 47 | ||
| 50 | 48 | ||
| 51 | - | 2–208. 1 | |
| 49 | + | FINALIZED DOCUMENTS , WRITTEN TESTIMONY FR OM THE PUBLIC , AND OTHER 1 | |
| 50 | + | MATERIALS THAT THE L OCAL BOARD WILL VOTE ON AT THE OPEN MEETI NG: 2 | |
| 52 | 51 | ||
| 53 | - | (A) EACH LOCAL BOARD SHALL MAKE PUB LICLY AVAILABLE ON I TS 2 | |
| 54 | - | WEBSITE EACH OPEN ME ETING AGENDA , TOGETHER WITH A SUMM ARY OF ANY 3 | |
| 55 | - | FINALIZED DOCUMENTS , WRITTEN TESTIMONY FR OM THE PUBLIC , AND OTHER 4 | |
| 56 | - | MATERIALS THAT THE L OCAL BOARD WILL VOTE ON AT THE OPEN MEETI NG: 5 | |
| 52 | + | (1) AT LEAST 48 HOURS IN ADVANCE OF EACH MEETING ; OR 3 | |
| 57 | 53 | ||
| 58 | - | (1) AT LEAST 48 HOURS IN ADVANCE OF EACH MEETING ; OR 6 | |
| 54 | + | (2) IF THE MEETING IS BE ING HELD DUE TO AN E MERGENCY, A 4 | |
| 55 | + | NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS FAR IN 5 | |
| 56 | + | ADVANCE OF THE MEETI NG AS PRACTICABLE . 6 | |
| 59 | 57 | ||
| 60 | - | (2) | |
| 61 | - | ||
| 62 | - | ||
| 58 | + | (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 7 | |
| 59 | + | EACH LOCAL BOARD SHA LL PROVIDE LIVE VIDE O STREAMING OF EACH OPEN 8 | |
| 60 | + | MEETING HELD BY THE LOCAL BO ARD. 9 | |
| 63 | 61 | ||
| 64 | - | (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 10 | |
| 65 | - | EACH LOCAL BOARD SHA LL PROVIDE LIVE VIDE O STREAMING OF EACH OPEN 11 | |
| 66 | - | MEETING HELD BY THE LOCAL BOARD . 12 | |
| 62 | + | (2) THE LIVE STREAMING VI DEO REQUIREMENT UNDE R PARAGRAPH 10 | |
| 63 | + | (1) OF THIS SUBSECTION DOES NOT APPLY WITH RESPECT TO: 11 | |
| 67 | 64 | ||
| 68 | - | (2) THE LIVE STREAMING VI DEO REQUIREMENT UNDE R PARAGRAPH 13 | |
| 69 | - | (1) OF THIS SUBSECTION D OES NOT APPLY WITH R ESPECT TO: 14 | |
| 65 | + | (I) AN OPEN MEETING HELD OFF –SITE; 12 | |
| 70 | 66 | ||
| 71 | - | ( | |
| 67 | + | (II) A PROJECT SITE VISIT ; OR 13 | |
| 72 | 68 | ||
| 73 | - | ( | |
| 69 | + | (III) AN INSPECTION CONDUC TED BY THE LOCAL BOA RD. 14 | |
| 74 | 70 | ||
| 75 | - | (III) AN INSPECTION CONDUC TED BY THE LOCAL BOA RD. 17 | |
| 71 | + | (C) EACH LOCAL BOARD SHAL L MAINTAIN A COMPLETE AND UNEDI TED 15 | |
| 72 | + | ARCHIVED VIDEO RECOR DING OF EACH OPEN ME ETING FOR WHICH LIVE VIDEO 16 | |
| 73 | + | STREAMING WAS PROVIDED UNDER SUBSECTION (B) OF THIS SECTION FOR A 17 | |
| 74 | + | MINIMUM OF 5 YEARS AFTER THE DATE OF TH E MEETING. 18 | |
| 76 | 75 | ||
| 77 | - | (C) EACH LOCAL BOARD SHAL L MAINTAIN A COMPLET E AND UNEDITED 18 | |
| 78 | - | ARCHIVED VIDEO RECOR DING OF EACH OPEN ME ETING FOR WHICH LIVE VIDEO 19 | |
| 79 | - | STREAMING WAS PROVID ED UNDER SUBSECTION (B) OF THIS SECTION FOR A 20 | |
| 80 | - | MINIMUM OF 5 YEARS AFTER THE DATE OF THE MEETING . 21 | |
| 76 | + | 11–301. 19 | |
| 81 | 77 | ||
| 82 | - | ||
| 78 | + | (a) A board of canvassers shall: 20 | |
| 83 | 79 | ||
| 84 | - | (a) A board of canvassers shall: 23 | |
| 80 | + | (1) convene at the designated counting center for that county on or before 21 | |
| 81 | + | the day of the election, but not later than 5 p.m. on that day, and be sworn in; and 22 | |
| 85 | 82 | ||
| 86 | - | (1) convene at the designated counting center for that county on or before 24 | |
| 87 | - | the day of the election, but not later than 5 p.m. on that day, and be sworn in; and 25 | |
| 83 | + | (2) meet only in public session. 23 | |
| 88 | 84 | ||
| 89 | - | ( | |
| 85 | + | (B) A BOARD OF CANVASSERS AND THE STAFF OF A L OCAL BOARD SHALL : 24 | |
| 90 | 86 | ||
| 91 | - | ( | |
| 87 | + | (1) PROVIDE LIVE VIDEO S TREAMING OF THE CANV ASS; AND 25 | |
| 92 | 88 | ||
| 93 | - | (1) PROVIDE LIVE VIDEO S TREAMING OF THE CANV ASS; AND 28 | |
| 89 | + | (2) MAINTAIN A COMPLETE AND UNEDITED ARCHIVED VIDEO 26 | |
| 90 | + | RECORDING OF THE CAN VASS FOR A MINIMUM O F 5 YEARS AFTER THE DATE OF THE 27 | |
| 91 | + | COMPLETION OF THE CA NVASS. 28 | |
| 94 | 92 | SENATE BILL 337 3 | |
| 95 | 93 | ||
| 96 | 94 | ||
| 97 | - | (2) MAINTAIN A COMPLETE AND UNEDITED ARCHIVE D VIDEO 1 | |
| 98 | - | RECORDING OF THE CAN VASS FOR A MINIMUM O F 5 YEARS AFTER THE DATE OF THE 2 | |
| 99 | - | COMPLETION OF THE CA NVASS. 3 | |
| 95 | + | [(a–1)] (C) (1) Subject to paragraph (3) of this subsection, a board of canvassers 1 | |
| 96 | + | and the staff of a local board may be observed IN PERSON as they complete each part of 2 | |
| 97 | + | the canvass by authorized observers designated under paragraph (2) of this subsection and 3 | |
| 98 | + | any other individuals who wish to be present. 4 | |
| 100 | 99 | ||
| 101 | - | [(a–1)] (C) (1) Subject to paragraph (3) of this subsection, a board of canvassers 4 | |
| 102 | - | and the staff of a local board may be observed IN PERSON as they complete each part of 5 | |
| 103 | - | the canvass by authorized observers designated under paragraph (2) of this subsection and 6 | |
| 104 | - | any other individuals who wish to be present. 7 | |
| 100 | + | (2) The following individuals or entities have the right to designate a 5 | |
| 101 | + | registered voter as an observer at each counting center: 6 | |
| 105 | 102 | ||
| 106 | - | (2) The following individuals or entities have the right to designate a 8 | |
| 107 | - | registered voter as an observer at each counting center: 9 | |
| 103 | + | (i) a candidate; 7 | |
| 108 | 104 | ||
| 109 | - | ( | |
| 105 | + | (ii) a political party; and 8 | |
| 110 | 106 | ||
| 111 | - | (ii) a political party; and 11 | |
| 107 | + | (iii) any other group of voters supporting or opposing a candidate, 9 | |
| 108 | + | principle, or proposition on the ballot. 10 | |
| 112 | 109 | ||
| 113 | - | (iii) any other group of voters supporting or opposing a candidate, 12 | |
| 114 | - | principle, or proposition on the ballot. 13 | |
| 110 | + | (3) The State Board may adopt regulations prohibiting IN–PERSON public 11 | |
| 111 | + | observation of a part of the canvass only if prohibiting IN–PERSON public observation is 12 | |
| 112 | + | necessary to ensure: 13 | |
| 115 | 113 | ||
| 116 | - | (3) The State Board may adopt regulations prohibiting IN–PERSON public 14 | |
| 117 | - | observation of a part of the canvass only if prohibiting IN–PERSON public observation is 15 | |
| 118 | - | necessary to ensure: 16 | |
| 114 | + | (i) the integrity or accuracy of the canvass; or 14 | |
| 119 | 115 | ||
| 120 | - | ( | |
| 116 | + | (ii) that the canvass process is not impeded. 15 | |
| 121 | 117 | ||
| 122 | - | (ii) that the canvass process is not impeded. 18 | |
| 118 | + | (4) The State Board shall ensure that the requirements of this subsection 16 | |
| 119 | + | are implemented uniformly and consistently by each local board. 17 | |
| 123 | 120 | ||
| 124 | - | ( | |
| 125 | - | ||
| 121 | + | [(b)] (D) Each board of canvassers shall elect by majority vote a chairman and 18 | |
| 122 | + | secretary from among its members. 19 | |
| 126 | 123 | ||
| 127 | - | [(b)] (D) Each board of canvassers shall elect by majority vote a chairman and 21 | |
| 128 | - | secretary from among its members. 22 | |
| 124 | + | [(c)] (E) Each member of the board of canvassers shall take an oath, 20 | |
| 125 | + | administered and recorded by the clerk of the circuit court, to canvass and declare the votes 21 | |
| 126 | + | cast truthfully and to perform other duties required by law. 22 | |
| 129 | 127 | ||
| 130 | - | [(c)] (E) Each member of the board of canvassers shall take an oath, 23 | |
| 131 | - | administered and recorded by the clerk of the circuit court, to canvass and declare the votes 24 | |
| 132 | - | cast truthfully and to perform other duties required by law. 25 | |
| 128 | + | [(d)] (F) (1) At the first meeting of the board of canvassers for the purpose of 23 | |
| 129 | + | canvassing, a majority of the whole board of canvassers shall be a quorum. 24 | |
| 133 | 130 | ||
| 134 | - | ||
| 135 | - | ||
| 131 | + | (2) If a quorum is not present, the members present shall adjourn until the 25 | |
| 132 | + | next day. 26 | |
| 136 | 133 | ||
| 137 | - | ( | |
| 138 | - | ||
| 134 | + | [(e)] (G) Except as otherwise provided in this article, all decisions shall be 27 | |
| 135 | + | reached by a majority vote of the members present. 28 | |
| 139 | 136 | ||
| 140 | - | [(e)] (G) Except as otherwise provided in this article, all decisions shall be 30 | |
| 141 | - | reached by a majority vote of the members present. 31 | |
| 137 | + | [(f)] (H) In Montgomery County and Prince George’s County, if a member is not 29 | |
| 138 | + | present at the scheduled time for vote canvassing, a substitute member of the board of 30 | |
| 139 | + | canvassers may be sworn in. 31 | |
| 142 | 140 | 4 SENATE BILL 337 | |
| 143 | 141 | ||
| 144 | 142 | ||
| 145 | - | [(f)] (H) In Montgomery County and Prince George’s County, if a member is not 1 | |
| 146 | - | present at the scheduled time for vote canvassing, a substitute member of the board of 2 | |
| 147 | - | canvassers may be sworn in. 3 | |
| 143 | + | [(g)] (I) At least one member of the board of canvassers present shall be a 1 | |
| 144 | + | registered voter of the principal minority party. 2 | |
| 148 | 145 | ||
| 149 | - | [(g)] (I) At least one member of the board of canvassers present shall be a 4 | |
| 150 | - | registered voter of the principal minority party. 5 | |
| 146 | + | [(h)] (J) Once the board has satisfied the requirements of subsections (a) 3 | |
| 147 | + | through [(g)] (I) of this section, it may proceed with the canvass in accordance with the 4 | |
| 148 | + | regulations of the State Board. 5 | |
| 151 | 149 | ||
| 152 | - | [(h)] (J) Once the board has satisfied the requirements of subsections (a) 6 | |
| 153 | - | through [(g)] (I) of this section, it may proceed with the canvass in accordance with the 7 | |
| 154 | - | regulations of the State Board. 8 | |
| 150 | + | 11–302. 6 | |
| 155 | 151 | ||
| 156 | - | ||
| 152 | + | (a) (1) Each local board shall: 7 | |
| 157 | 153 | ||
| 158 | - | (a) (1) Each local board shall: 10 | |
| 154 | + | (I) meet at its designated counting center to canvass the absentee 8 | |
| 155 | + | ballots cast in that election in accordance with the regulations and guidelines established 9 | |
| 156 | + | by the State Board; AND 10 | |
| 159 | 157 | ||
| 160 | - | (I) meet at its designated counting center to canvass the absentee 11 | |
| 161 | - | ballots cast in that election in accordance with the regulations and guidelines established 12 | |
| 162 | - | by the State Board; AND 13 | |
| 158 | + | (II) COMPLY WITH THE LIVE VIDEO STREA MING AND ARCHIVAL 11 | |
| 159 | + | REQUIREMENTS OF § 11–301(B) OF THIS SUBTITLE . 12 | |
| 163 | 160 | ||
| 164 | - | (II) COMPLY WITH THE LIVE VIDEO STREAMING AND ARCHIVAL 14 | |
| 165 | - | REQUIREMENTS OF § 11–301(B) OF THIS SUBTITLE . 15 | |
| 161 | + | (2) Promptly after receipt of an absentee ballot, a local board shall review 13 | |
| 162 | + | the ballot envelope or ballot/return envelope for the omission of the voter’s signature on the 14 | |
| 163 | + | oath. 15 | |
| 166 | 164 | ||
| 167 | - | (2) Promptly after receipt of an absentee ballot, a local board shall review 16 | |
| 168 | - | the ballot envelope or ballot/return envelope for the omission of the voter’s signature on the 17 | |
| 169 | - | oath. 18 | |
| 165 | + | (3) A local board shall record the receipt of an absentee ballot in the 16 | |
| 166 | + | statewide voter registration system and make the information available through the free 17 | |
| 167 | + | access system established under COMAR 33.11.06.03 as soon as practicable, but not later 18 | |
| 168 | + | than: 19 | |
| 170 | 169 | ||
| 171 | - | (3) A local board shall record the receipt of an absentee ballot in the 19 | |
| 172 | - | statewide voter registration system and make the information available through the free 20 | |
| 173 | - | access system established under COMAR 33.11.06.03 as soon as practicable, but not later 21 | |
| 174 | - | than: 22 | |
| 170 | + | (i) 2 business days after receipt of an absentee ballot provided by 20 | |
| 171 | + | mail; or 21 | |
| 175 | 172 | ||
| 176 | - | ( | |
| 177 | - | ||
| 173 | + | (ii) 4 business days after receipt of an absentee ballot provided 22 | |
| 174 | + | through the Internet or by facsimile transmission. 23 | |
| 178 | 175 | ||
| 179 | - | (ii) 4 business days after receipt of an absentee ballot provided 25 | |
| 180 | - | through the Internet or by facsimile transmission. 26 | |
| 176 | + | 11–303. 24 | |
| 181 | 177 | ||
| 182 | - | ||
| 178 | + | (a) Following an election, each local board shall: 25 | |
| 183 | 179 | ||
| 184 | - | (a) Following an election, each local board shall: 28 | |
| 180 | + | (1) meet at its designated counting center to canvass the provisional ballots 26 | |
| 181 | + | cast in that election in accordance with the regulations and guidelines established by the 27 | |
| 182 | + | State Board; AND 28 | |
| 185 | 183 | ||
| 186 | - | (1) meet at its designated counting center to canvass the provisional ballots 29 | |
| 187 | - | cast in that election in accordance with the regulations and guidelines established by the 30 | |
| 188 | - | State Board; AND 31 | |
| 189 | - | SENATE BILL 337 5 | |
| 184 | + | (2) COMPLY WITH THE LIVE VIDEO STREA MING AND ARCHIVAL 29 | |
| 185 | + | REQUIREMENTS OF § 11–301(B) OF THIS SUBTITLE . 30 | |
| 186 | + | ||
| 187 | + | SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 31 | |
| 188 | + | 2025, the State Board of Elections shall adopt regulations to ensure that the live streaming 32 SENATE BILL 337 5 | |
| 190 | 189 | ||
| 191 | 190 | ||
| 192 | - | ||
| 193 | - | ||
| 191 | + | requirements under §§ 2–208 and 11–301 of the Election Law Article, as enacted by Section 1 | |
| 192 | + | 1 of this Act, are implemented in a manner that: 2 | |
| 194 | 193 | ||
| 195 | - | SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 3 | |
| 196 | - | 2025, the State Board of Elections shall adopt regulations to ensure that the live streaming 4 | |
| 197 | - | requirements under §§ 2–208 and 11–301 § 2–208 of the Election Law Article, as enacted 5 | |
| 198 | - | by Section 1 of this Act, are implemented in a manner that: 6 | |
| 194 | + | (1) maximizes transparency of open meetings of local boards and the 3 | |
| 195 | + | canvassing of ballots; and 4 | |
| 199 | 196 | ||
| 200 | - | (1) maximizes transparency of open meetings of local boards and the 7 | |
| 201 | - | canvassing of ballots; and 8 | |
| 197 | + | (2) as applicable, protects the anonymity of voters. 5 | |
| 202 | 198 | ||
| 203 | - | (2) as applicable, protects the anonymity of voters. 9 | |
| 204 | - | ||
| 205 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 10 | |
| 206 | - | 1, 2025. 11 | |
| 207 | - | ||
| 208 | - | ||
| 209 | - | ||
| 210 | - | Approved: | |
| 211 | - | ________________________________________________________________________________ | |
| 212 | - | Governor. | |
| 213 | - | ________________________________________________________________________________ | |
| 214 | - | President of the Senate. | |
| 215 | - | ________________________________________________________________________________ | |
| 216 | - | Speaker of the House of Delegates. | |
| 199 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 6 | |
| 200 | + | 1, 2025. 7 |