EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0543*
SENATE BILL 543
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By: Senator Kagan
Introduced and read first time: January 23, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
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 GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Election Law 17
11–303. 18
(d) (1) Subject to § 11–303.2 of this subtitle, a local board may not reject a 19
provisional ballot except by unanimous vote and in accordance with regulations of the State 20
Board. 21
(2) The local board shall reject a provisional ballot if: 22
2 SENATE BILL 543
(i) pursuant to paragraph (4) of this subsection, the local board 1
determines that the individual who cast the provisional ballot is not qualified to vote that 2
provisional ballot; 3
(ii) the individual failed to sign the oath on the provisional ballot 4
application; or 5
(iii) the local board determines that a provisional ballot is 6
intentionally marked with an identifying mark that is clearly evident and placed on the 7
ballot for the purpose of identifying the ballot. 8
(3) If the intent of the voter with respect to a particular contest is not 9
clearly demonstrated, the local board shall reject only the vote for that contest. 10
(4) For the purposes of this section, an individual is qualified to vote the 11
provisional ballot cast if the local board determines that: 12
(i) the individual is registered in the State; 13
(ii) if the provisional ballot was cast because the voter failed to 14
provide required identification, the individual who cast the provisional ballot has met the 15
identification requirements established by the State Board; [and] 16
(iii) if the provisional ballot was cast during a period covered by a 17
court order or other order extending the time for closing the polls, the order has not been 18
invalidated by a subsequent court order; AND 19
(IV) IF THE PROVISIONAL BALLOT WAS CAST BECA USE THE 20
VOTER CLAIMED A DIFFERENT POLITICAL PARTY AFFILIATION FR OM THE 21
POLITICAL PARTY AFFILIATION ON RECORD FOR THE VOTER, THE VOTER MADE A 22
SELECTION IN A NONPA RTISAN BOARD OF EDUCATION CONTEST ON THE BALLOT. 23
(e) A local board shall count: 24
(1) the entire provisional ballot if the address on the provisional ballot 25
application is within the precinct where the provisional ballot was cast; [or] 26
(2) only the votes cast by the voter for each candidate or question applicable 27
to the precinct in which the voter resides, as determined by the address on the provisional 28
ballot application of the voter; OR 29
(3) ONLY THE VOTES CAST BY THE VOTER IN A NO NPARTISAN BOARD 30
OF EDUCATION CONTEST IF THE VOTER CAST A PRO VISIONAL BALLOT FOR A 31
DIFFERENT POLITICAL PARTY FROM THE POLITICAL PARTY AFFILIATION ON 32
RECORD FOR THE VOTER. 33
SENATE BILL 543 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2