EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0838*
SENATE BILL 838
G1 5lr3465
By: Senators Mautz, Bailey, Carozza, Hershey, Jennings, and Ready
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Law – Absentee Ballots – Signature Requirements and Verification 2
FOR the purpose of prohibiting a local board of elections from removing an absentee ballot 3
from a return envelope or ballot/return envelope or counting the ballot unless the 4
return envelope or ballot/return envelope is signed by the voter and, except under 5
certain circumstances, a witness and the local board verify the voter’s signature; and 6
generally relating to absentee ballots. 7
BY repealing and reenacting, with amendments, 8
Article – Election Law 9
Section 9–303 and 9–310(a)(5) and (c) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – Election Law 14
Section 9–310.1 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
9–303. 21
(a) The State Board shall establish guidelines for the administration of absentee 22
voting by the local boards. 23
(b) The guidelines shall provide for: 24 2 SENATE BILL 838
(1) the application process; 1
(2) late application for absentee ballots; 2
(3) ballot security, including storage of returned ballots; 3
(4) determining timeliness of receipt of applications and ballots, including 4
applications and ballots for overseas voters; 5
(5) the canvass process; 6
(6) notice of the canvass to candidates, political parties, campaign 7
organizations, news media, and the general public; 8
(7) observers of the process; 9
(8) review of voted ballots and envelopes for compliance with the law and 10
for machine tabulation acceptability; 11
(9) standards for disallowance of ballots during the canvass; 12
(10) storage and retention of ballots following canvass and certification; 13
[and] 14
(11) the permanent absentee ballot list; AND 15
(12) VERIFICATION OF SIGN ATURES ON ABSENTEE B ALLOT 16
ENVELOPES . 17
(c) The State Board shall: 18
(1) in consultation with the local boards, assess the guidelines before each 19
primary election; and 20
(2) revise the guidelines if indicated. 21
9–310. 22
(a) (5) When voted and returned to the local board, an absentee ballot shall be 23
enclosed in a ballot envelope or ballot/return envelope, on which has been printed [an oath] 24
OATHS prescribed by the State Board. 25
(c) If an absentee ballot is sent by the Internet or facsimile transmission, the local 26
board shall provide the voter with an envelope template, the [oath] OATHS prescribed by 27
the State Board, and instructions for marking and returning the absentee ballot. 28 SENATE BILL 838 3
9–310.1. 1
(A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 2
IN 10 U.S.C. § 101. 3
(B) A LOCAL BOARD MAY NOT REMOVE AN ABSENTEE B ALLOT FROM THE 4
RETURN ENVELOPE OR B ALLOT/RETURN ENVELOPE OR C OUNT THE BALLOT 5
UNLESS: 6
(1) THE RETURN ENVELOPE OR BALLOT/RETURN ENVELOPE IS 7
SIGNED BY: 8
(I) THE VOTER TO WHOM TH E BALLOT WAS ISSUED ; AND 9
(II) EXCEPT AS PROVIDED I N SUBSECTION (C) OF THIS SECTION, 10
A WITNESS OTHER THAN THE VOTER TO WHOM TH E BALLOT WAS ISSUED ; AND 11
(2) THE VOTER ’S SIGNATURE IS VERIF IED AS PROVIDED IN 12
SUBSECTION (D) OF THIS SECTION. 13
(C) THE WITNESS SIGNATURE REQUIREMENT UNDER SU BSECTION (B)(1)(II) 14
OF THIS SECTION DOES NOT APPLY TO AN ABSE NTEE BALLOT THAT IS VOTED AND 15
RETURNED BY : 16
(1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES WHO IS 17
SERVING OVERSEAS ; OR 18
(2) THE SPOUSE OR DEPEND ENT OF AN ACTIVE DUT Y MEMBER OF THE 19
UNIFORMED SERVICES W HO IS SERVING OVERSE AS IF THE SPOUSE OR DEPENDENT 20
LIVES OVERSEAS . 21
(D) EACH LOCAL BOARD SHAL L VERIFY THE SIGNATU RE OF THE VOTER ON 22
THE RETURN ENVELOPE OR BALLOT /RETURN ENVELOPE BY C OMPARING THE 23
SIGNATURE WITH THE V OTER’S REGISTRATION RECOR D IN ACCORDANCE WITH 24
REGULATIONS ADOPTED BY THE STATE BOARD. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2025. 27