EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0991*
SENATE BILL 991
G1, E5 5lr1690
CF HB 253
By: Senator Watson
Introduced and read first time: January 30, 2025
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Election Law – Pretrial Detainees – Absentee Ballots 2
FOR the purpose of requiring the State Board of Elections or the local boards of elections 3
to automatically send an absentee ballot to each registered voter in pretrial detention 4
in a correctional facility without the voter having to submit an absentee ballot 5
application; and generally relating to sending absentee ballots to pretrial detainees. 6
BY repealing and reenacting, with amendments, 7
Article – Correctional Services 8
Section 2–501 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Election Law 13
Section 1–303.1 and 1–303.2 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Correctional Services 19
2–501. 20
(a) (1) In this section the following words have the meanings indicated. 21
(2) “Baltimore City centralized booking facility” means the centralized 22
booking facility in Baltimore City that is operated by the Division of Pretrial Detention and 23
Services in the Department. 24 2 SENATE BILL 991
(3) “Election–related materials” means documents and other items 1
associated with the registering for and voting in an election, including: 2
(i) [absentee ballot applications; 3
(ii)] absentee ballots; and 4
[(iii)] (II) voter registration applications. 5
(4) “Eligible voter” means an individual who: 6
(i) is incarcerated at the Baltimore City centralized booking facility; 7
and 8
(ii) has the right to vote under State law. 9
(b) The Baltimore City centralized booking facility shall: 10
(1) provide a secure, designated ballot drop box from the State Board of 11
Elections to eligible voters so that they may easily submit the following election–related 12
materials to the State Board of Elections or a local board of elections: 13
(i) [absentee ballot applications; 14
(ii)] absentee ballots; and 15
[(iii)] (II) voter registration forms; 16
(2) monitor the ballot drop box provided under item (1) of this subsection 17
24 hours a day and 7 days a week; and 18
(3) disseminate written notifications directly to each eligible voter on how 19
and when to use the ballot drop box provided under item (1) of this subsection. 20
(c) (1) The State Board of Elections shall provide the Baltimore City 21
centralized booking facility with: 22
(i) the ballot drop box and written notification materials to 23
disseminate to eligible voters under subsection (b) of this section; and 24
(ii) advice and guidance in carrying out the requirements of 25
subsection (b) of this section. 26
(2) The State shall pay for the ballot drop box. 27
SENATE BILL 991 3
(d) The Baltimore City centralized booking facility shall cooperate fully with the 1
State Board of Elections in implementing the requirements of this section. 2
Article – Election Law 3
1–303.1. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Baltimore City centralized booking facility” means the centralized 6
booking facility in Baltimore City that is operated by the Division of Pretrial Detention and 7
Services in the Department of Public Safety and Correctional Services. 8
(3) “Election–related materials” means documents and other items 9
associated with the registering for and voting in an election, including: 10
(i) [absentee ballot applications; 11
(ii)] absentee ballots; and 12
[(iii)] (II) voter registration applications. 13
(4) “Eligible voter” means an individual who: 14
(i) is incarcerated at the Baltimore City centralized booking facility; 15
and 16
(ii) has the right to vote under State law. 17
(b) The State Board shall adopt regulations in collaboration with the Department 18
of Public Safety and Correctional Services to provide the following at the Baltimore City 19
centralized booking facility in accordance with § 2–501 of the Correctional Services Article: 20
(1) a secure, designated ballot drop box for election–related materials; and 21
(2) written notifications on how and when eligible voters may use the ballot 22
drop box. 23
(c) (1) The State Board shall provide the ballot drop box under subsection (b) 24
of this section to the Baltimore City centralized booking facility in time to allow eligible 25
voters sufficient opportunity to submit election–related materials before any 26
election–related deadlines. 27
(2) The local board of elections for Baltimore City shall provide staff to 28
collect: 29
4 SENATE BILL 991
(i) election–related materials submitted to the ballot drop box on at 1
least a weekly basis; and 2
(ii) the ballot drop box after an election–related deadline. 3
(3) The local board of elections for Baltimore City shall distribute the 4
election–related materials collected from the ballot drop box to the State Board or a local 5
board, as appropriate and in a timely manner. 6
(d) On or before January 1 each year, the local board of elections for Baltimore 7
City shall submit a report to the Senate Education, Health, and Environmental Affairs 8
Committee, the Senate Budget and Taxation Committee, the House Committee on Ways 9
and Means, and the House Appropriations Committee, in accordance with § 2–1257 of the 10
State Government Article, on the following information submitted to the ballot drop box, 11
disaggregated by each weekly collection from the ballot drop box and by the State Board or 12
the local board that is the intended recipient of the election–related materials: 13
(1) [the number of absentee ballot applications received and accepted; 14
(2)] absentee ballots received and accepted; and 15
[(3)] (2) other election–related materials received. 16
1–303.2. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) “Correctional facility” means a facility for detaining or confining 19
individuals that is operated by a correctional unit. 20
(3) “Correctional unit” has the meaning stated in § 2–401(b) of the 21
Correctional Services Article. 22
(4) “Eligible voter” means an individual who: 23
(i) is incarcerated in a correctional facility; and 24
(ii) has the right to vote under State law. 25
(b) The State Board shall adopt regulations establishing a program to inform 26
eligible voters of upcoming elections and how eligible voters may exercise the right to vote. 27
(c) The regulations adopted under subsection (b) of this section shall require the 28
State Board or local boards to: 29
SENATE BILL 991 5
(1) disseminate information on eligibility requirements to register to vote 1
and voter registration applications to eligible voters at least 30 days before the deadline to 2
register to vote before each election; 3
(2) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , disseminate 4
instructions on absentee voting, absentee ballot applications, and absentee ballots before 5
each election in a timely manner; 6
(3) provide frequent opportunities for eligible voters to register to vote and 7
to vote; and 8
(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , provide for the 9
timely return of voter registration applications, absentee ballot applications, and absentee 10
ballots completed by eligible voters. 11
(d) THE STATE BOARD OR THE LOCAL BO ARDS SHALL AUTOMATIC ALLY 12
SEND AN ABSENTEE BAL LOT TO EACH REGISTERED V OTER IN PRETRIAL DET ENTION 13
AT A CORRECTIONAL FA CILITY: 14
(1) WITHOUT THE VOTER HA VING TO SUBMIT AN AB SENTEE BALLOT 15
APPLICATION; AND 16
(2) IN SUFFICIENT TIME B EFORE ELECTION DAY F OR THE VOTER TO 17
SUBMIT THE ABSENTEE BALLOT IN A TIMELY MANNER. 18
(E) Each correctional facility shall cooperate fully with the State Board and the 19
local boards in implementing the program required under this section. 20
[(e)] (F) On or before January 15 each year, the State Board shall submit a 21
report to the Senate Education, Health, and Environmental Affairs Committee and the 22
House Ways and Means Committee, in accordance with § 2–1257 of the State Government 23
Article, that includes the following information, disaggregated by correctional facility: 24
(1) the number of eligible voters who registered to vote, attempted to vote, 25
and voted successfully by absentee ballot during the immediately preceding calendar year; 26
(2) the number of times the State Board or a local board of elections visited 27
each correctional facility during the immediately preceding calendar year, the duration of 28
each visit, and a description of the work done at each correctional facility; 29
(3) a description of any obstacles to implementing this section or § 2–501 30
of the Correctional Services Article; and 31
(4) any recommendations for improving the implementation of this section 32
or § 2–501 of the Correctional Services Article. 33
6 SENATE BILL 991
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2025. 2