| 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 | *sb0543* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 543 | |
| 11 | 8 | G1 5lr2725 | |
| 12 | - | CF | |
| 9 | + | CF 5lr2727 | |
| 13 | 10 | By: Senator Kagan | |
| 14 | 11 | Introduced and read first time: January 23, 2025 | |
| 15 | 12 | Assigned to: Education, Energy, and the Environment | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 25, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Election Law – Provisional Ballots – Nonpartisan Board of Education Contests 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of providing that a voter is qualified to vote a provisional ballot if the 3 | |
| 27 | 21 | provisional ballot was cast because the voter claimed a different political party 4 | |
| 28 | 22 | affiliation from the political party affiliation on record for the voter and the voter 5 | |
| 29 | 23 | made a selection in a nonpartisan board of education contest; requiring a local board 6 | |
| 30 | 24 | of canvassers to count only the votes cast in a nonpartisan board of education contest 7 | |
| 31 | 25 | if the voter cast a provisional ballot for a different political party from the political 8 | |
| 32 | 26 | party affiliation on record for the voter; and generally relating to provisional ballots. 9 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, with amendments, 10 | |
| 35 | 29 | Article – Election Law 11 | |
| 36 | 30 | Section 11–303(d) and (e) 12 | |
| 37 | 31 | Annotated Code of Maryland 13 | |
| 38 | 32 | (2022 Replacement Volume and 2024 Supplement) 14 | |
| 39 | 33 | ||
| 40 | 34 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 41 | 35 | That the Laws of Maryland read as follows: 16 | |
| 42 | 36 | ||
| 43 | 37 | Article – Election Law 17 | |
| 44 | 38 | ||
| 45 | 39 | 11–303. 18 | |
| 40 | + | ||
| 41 | + | (d) (1) Subject to § 11–303.2 of this subtitle, a local board may not reject a 19 | |
| 42 | + | provisional ballot except by unanimous vote and in accordance with regulations of the State 20 | |
| 43 | + | Board. 21 | |
| 44 | + | ||
| 45 | + | (2) The local board shall reject a provisional ballot if: 22 | |
| 46 | 46 | 2 SENATE BILL 543 | |
| 47 | 47 | ||
| 48 | 48 | ||
| 49 | - | ( | |
| 50 | - | provisional ballot | |
| 51 | - | ||
| 49 | + | (i) pursuant to paragraph (4) of this subsection, the local board 1 | |
| 50 | + | determines that the individual who cast the provisional ballot is not qualified to vote that 2 | |
| 51 | + | provisional ballot; 3 | |
| 52 | 52 | ||
| 53 | - | (2) The local board shall reject a provisional ballot if: 4 | |
| 53 | + | (ii) the individual failed to sign the oath on the provisional ballot 4 | |
| 54 | + | application; or 5 | |
| 54 | 55 | ||
| 55 | - | ( | |
| 56 | - | ||
| 57 | - | ||
| 56 | + | (iii) the local board determines that a provisional ballot is 6 | |
| 57 | + | intentionally marked with an identifying mark that is clearly evident and placed on the 7 | |
| 58 | + | ballot for the purpose of identifying the ballot. 8 | |
| 58 | 59 | ||
| 59 | - | ( | |
| 60 | - | ||
| 60 | + | (3) If the intent of the voter with respect to a particular contest is not 9 | |
| 61 | + | clearly demonstrated, the local board shall reject only the vote for that contest. 10 | |
| 61 | 62 | ||
| 62 | - | (iii) the local board determines that a provisional ballot is 10 | |
| 63 | - | intentionally marked with an identifying mark that is clearly evident and placed on the 11 | |
| 64 | - | ballot for the purpose of identifying the ballot. 12 | |
| 63 | + | (4) For the purposes of this section, an individual is qualified to vote the 11 | |
| 64 | + | provisional ballot cast if the local board determines that: 12 | |
| 65 | 65 | ||
| 66 | - | (3) If the intent of the voter with respect to a particular contest is not 13 | |
| 67 | - | clearly demonstrated, the local board shall reject only the vote for that contest. 14 | |
| 66 | + | (i) the individual is registered in the State; 13 | |
| 68 | 67 | ||
| 69 | - | (4) For the purposes of this section, an individual is qualified to vote the 15 | |
| 70 | - | provisional ballot cast if the local board determines that: 16 | |
| 68 | + | (ii) if the provisional ballot was cast because the voter failed to 14 | |
| 69 | + | provide required identification, the individual who cast the provisional ballot has met the 15 | |
| 70 | + | identification requirements established by the State Board; [and] 16 | |
| 71 | 71 | ||
| 72 | - | (i) the individual is registered in the State; 17 | |
| 72 | + | (iii) if the provisional ballot was cast during a period covered by a 17 | |
| 73 | + | court order or other order extending the time for closing the polls, the order has not been 18 | |
| 74 | + | invalidated by a subsequent court order; AND 19 | |
| 73 | 75 | ||
| 74 | - | (ii) if the provisional ballot was cast because the voter failed to 18 | |
| 75 | - | provide required identification, the individual who cast the provisional ballot has met the 19 | |
| 76 | - | identification requirements established by the State Board; [and] 20 | |
| 76 | + | (IV) IF THE PROVISIONAL BALLOT WAS CAST BECA USE THE 20 | |
| 77 | + | VOTER CLAIMED A DIFFERENT POLITICAL PARTY AFFILIATION FR OM THE 21 | |
| 78 | + | POLITICAL PARTY AFFILIATION ON RECORD FOR THE VOTER, THE VOTER MADE A 22 | |
| 79 | + | SELECTION IN A NONPA RTISAN BOARD OF EDUCATION CONTEST ON THE BALLOT. 23 | |
| 77 | 80 | ||
| 78 | - | (iii) if the provisional ballot was cast during a period covered by a 21 | |
| 79 | - | court order or other order extending the time for closing the polls, the order has not been 22 | |
| 80 | - | invalidated by a subsequent court order; AND 23 | |
| 81 | + | (e) A local board shall count: 24 | |
| 81 | 82 | ||
| 82 | - | (IV) IF THE PROVISIONAL BALLOT WAS CAST BECA USE THE 24 | |
| 83 | - | VOTER CLAIMED A DIFFERENT POLITICAL PARTY AFFILIATION FR OM THE 25 | |
| 84 | - | POLITICAL PARTY AFFILIATION ON RECORD FOR THE VOTER, THE VOTER MADE A 26 | |
| 85 | - | SELECTION IN A NONPA RTISAN BOARD OF EDUCATION CONTEST ON THE BALLOT. 27 | |
| 83 | + | (1) the entire provisional ballot if the address on the provisional ballot 25 | |
| 84 | + | application is within the precinct where the provisional ballot was cast; [or] 26 | |
| 86 | 85 | ||
| 87 | - | (e) A local board shall count: 28 | |
| 86 | + | (2) only the votes cast by the voter for each candidate or question applicable 27 | |
| 87 | + | to the precinct in which the voter resides, as determined by the address on the provisional 28 | |
| 88 | + | ballot application of the voter; OR 29 | |
| 88 | 89 | ||
| 89 | - | (1) the entire provisional ballot if the address on the provisional ballot 29 | |
| 90 | - | application is within the precinct where the provisional ballot was cast; [or] 30 | |
| 91 | - | ||
| 92 | - | (2) only the votes cast by the voter for each candidate or question applicable 31 | |
| 93 | - | to the precinct in which the voter resides, as determined by the address on the provisional 32 | |
| 94 | - | ballot application of the voter; OR 33 SENATE BILL 543 3 | |
| 90 | + | (3) ONLY THE VOTES CAST BY THE VOTER IN A NO NPARTISAN BOARD 30 | |
| 91 | + | OF EDUCATION CONTEST IF THE VOTER CAST A PRO VISIONAL BALLOT FOR A 31 | |
| 92 | + | DIFFERENT POLITICAL PARTY FROM THE POLITICAL PARTY AFFILIATION ON 32 | |
| 93 | + | RECORD FOR THE VOTER. 33 | |
| 94 | + | SENATE BILL 543 3 | |
| 95 | 95 | ||
| 96 | 96 | ||
| 97 | - | ||
| 98 | - | (3) ONLY THE VOTES CAST BY THE VOTER IN A NO NPARTISAN BOARD 1 | |
| 99 | - | OF EDUCATION CONTEST IF THE VOTER CAST A PRO VISIONAL BALLOT FOR A 2 | |
| 100 | - | DIFFERENT POLITICAL PARTY FROM THE POLITICAL PARTY AFFILIATION ON 3 | |
| 101 | - | RECORD FOR THE VOTER. 4 | |
| 102 | - | ||
| 103 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
| 104 | - | October 1, 2025. 6 | |
| 105 | - | ||
| 106 | - | ||
| 107 | - | ||
| 108 | - | Approved: | |
| 109 | - | ________________________________________________________________________________ | |
| 110 | - | Governor. | |
| 111 | - | ________________________________________________________________________________ | |
| 112 | - | President of the Senate. | |
| 113 | - | ________________________________________________________________________________ | |
| 114 | - | Speaker of the House of Delegates. | |
| 97 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 98 | + | October 1, 2025. 2 |