Md. Code, Election Law, Title 9

Md. Code, Election Law, Title 9
in effect

Md. Code, Election Law § 9-101

(a) The State Board, in consultation with the local boards, shall select and certify a voting system for voting in polling places and a voting system for absentee voting. (b) The voting system selected and certified for voting in polling places and the voting system selected and certified for absentee voting shall be used in all counties. (c) The State Board shall acquire: (1) the voting system selected and certified for voting in polling places; and (2) the voting system selected and certified for absentee voting.

Md. Code, Election Law § 9-102

(a) In this section, a “voter–verifiable paper record” includes: (1) a paper ballot prepared by the voter for the purpose of being read by a precinct–based optical scanner; (2) a paper ballot prepared by the voter to be mailed to the applicable local board, whether mailed from a domestic or an overseas location; and (3) a paper ballot created through the use of a ballot marking device. (b) The State Board shall adopt regulations for the review, certification, and decertification of voting systems. (c) The State Board shall periodically review and evaluate alternative voting systems. (d) The State Board may not certify a voting system unless the State Board determines that: (1) the voting system will: (i) protect the secrecy of the ballot; (ii) protect the security of the voting process; (iii) count and record all votes accurately; (iv) accommodate any ballot used under this article; (v) protect all other rights of voters and candidates; (vi) be capable of creating a paper record of all votes cast in order that an audit trail is available in the event of a recount, including a manual recount; and (vii) provide a voter–verifiable paper record that: 1. is an individual document that is physically separated from any other similar document and not part of a continuous roll; 2. is sufficiently durable to withstand repeated handling for the purposes of mandatory random audits and recounts; and 3. uses ink that does not fade, smear, or otherwise degrade and obscure or obliterate the paper record over time; (2) the voting system has been: (i) examined by an independent testing laboratory that is approved by the U.S. Election Assistance Commission; and (ii) shown by the testing laboratory to meet the performance and test standards for electronic voting systems established by the Federal Election Commission or the U.S. Election Assistance Commission; and (3) the public interest will be served by the certification of the voting system. (e) In determining whether a voting system meets the required standards, the State Board shall consider: (1) the commercial availability of the system and its replacement parts and components; (2) the availability of continuing service for the system; (3) the cost of implementing the system; (4) the efficiency of the system; (5) the likelihood that the system will malfunction; (6) the system’s ease of understanding for the voter; (7) the convenience of voting afforded by the system; (8) the timeliness of the tabulation and reporting of election returns; (9) the potential for an alternative means of verifying the tabulation; (10) accessibility for all voters with disabilities recognized by the Americans with Disabilities Act; and (11) any other factor that the State Board considers relevant. (f) A voting system selected, certified, and implemented under this section shall: (1) provide access to voters with disabilities that is equivalent to access afforded voters without disabilities without creating a segregated ballot for voters with disabilities; (2) ensure the independent, private casting, inspection, verification, and correction of secret ballots by voters with disabilities in an accessible media by both visual and nonvisual means, including synchronized audio output and enhanced visual display; and (3) comply with both the Americans with Disabilities Act, P.L. 101–336, and the Help America Vote Act, P.L. 107–252, including accessibility standards adopted as part of the Voluntary Voting System Guidelines pursuant to the Help America Vote Act. (g) (1) At least one voting system in each polling place on election day shall provide access for voters with disabilities in compliance with subsection (f) of this section. (2) The State Board shall ensure that adequate backup equipment is available and contingency plans are established to ensure compliance with paragraph (1) of this subsection. (h) Before the selection of a voting system, the State Board shall: (1) ensure that an accessible voting system conforms to the access requirements of the Voluntary Voting System Guidelines developed in accordance with the Help America Vote Act in effect at the time of selection; and (2) conduct an accessibility and usability evaluation of the voting system to assess its accessibility and usability by voters with disabilities, including: (i) a public demonstration of the system; and (ii) an evaluation by individuals representing a cross–section of voters with disabilities. (i) (1) The State Board shall adopt regulations relating to requirements for each voting system selected and certified under § 9–101 of this subtitle. (2) The regulations shall specify the procedures necessary to assure that the standards of this title are maintained, including: (i) a description of the voting system; (ii) a public information program by the local board, at the time of introduction of a new voting system, to be directed to all voters, candidates, campaign groups, schools, and news media in the county; (iii) local election officials’ responsibility for management of the system; (iv) the actions required to assure the security of the voting system; (v) the supplies and equipment required; (vi) the storage, delivery, and return of the supplies and equipment necessary for the operation of the voting system; (vii) standards for training election officials in the operation and use of the voting system; (viii) before each election and for all ballot styles to be used, testing by the members of the local board to ensure the accuracy of tallying, tabulation, and reporting of the vote, and observing of that testing by representatives of political parties and of candidates who are not affiliated with political parties; (ix) the number of voting stations or voting booths required in each polling place, in relation to the number of registered voters assigned to the polling place; (x) the practices and procedures in each polling place appropriate to the operation of the voting system; (xi) assuring ballot accountability in systems using a document ballot; (xii) the actions required to tabulate votes; and (xiii) postelection review and audit of the system’s output. (3) Certification of a voting system is not effective until the regulations applicable to the voting system have been adopted.

Md. Code, Election Law § 9-103

(a) The State Board: (1) may decertify a voting system previously certified if the State Board determines that the system no longer merits certification; and (2) shall decertify a previously certified voting system if the voting system no longer meets one or more of the standards in § 9–102(d)(1)(i) through (iii) of this subtitle. (b) The State Board shall determine the effective date and conditions of the decertification.

Md. Code, Election Law § 9-104

(a) In this section, “bonds” means individual notes, bonds, or other evidences of indebtedness. (b) A county may issue bonds to finance all or part of the costs of a voting system. (c) A county may: (1) issue general obligation bonds to finance all or part of the costs of a voting system without regard to any constitutional, statutory, charter, or other limitations on the borrowing power of the county; and (2) pledge its full faith and credit and taxing power to the payment of the principal of and interest on the bonds. (d) (1) This subsection applies to bonds issued under this section. (2) The bonds of each issue shall be authorized by ordinance or resolution of the county governing body. (3) The authorizing ordinance or resolution shall specify that the bonds: (i) be dated; (ii) bear interest at a rate or rates to be determined in the manner that is specified in the ordinance or resolution; and (iii) mature at certain times. (4) The authorizing ordinance or resolution may make the bonds redeemable before maturity: (i) at the price set before bonds are issued; and (ii) under the terms and conditions set before bonds are issued. (5) The authorizing ordinance or resolution shall: (i) cite the authority for the issuance of the bonds and the amount authorized; (ii) determine the form of the bonds; (iii) fix the denomination of the bonds; and (iv) fix the place where principal and interest may be paid, which may include a bank or trust company inside or outside the State. (6) The bonds shall be signed, manually or by facsimile, by an officer of the issuing county, and the seal of the county or facsimile thereof shall be affixed to the bonds and attested to in the manner that the governing body determines. (7) The signature of an officer of the county or its facsimile that appears on a bond is valid even if that officer ceases to hold office before the bonds are delivered or takes office after the date of issuance of the bonds. (8) The bonds shall have all the qualities and incidents of negotiable instruments under the Maryland Uniform Commercial Code. (9) The bonds may be issued in such registered form as is specified in the authorizing ordinance or resolution. (10) The bonds may be sold: (i) at public or private negotiated sale as the county determines to be in its best interest; and (ii) at the price or prices determined in the manner that is specified in the authorizing ordinance or resolution. (e) (1) After payment of all costs and expenses incurred in connection with the preparation, sale, and delivery of the bonds, the entire proceeds from the sale of bonds issued under this section shall be used solely for the costs of the voting system for which the bonds were issued. (2) Any balance remaining after the funding of costs of the voting system shall be used to provide for the payment of the principal of and the interest on, or the redemption of, the bonds. (f) (1) (i) In each fiscal year in which general obligation bonds issued under this section are outstanding, the county shall levy or cause to be levied ad valorem taxes, on all of the assessable property within the county, at a rate or in an amount sufficient to provide for or assure the payment of the principal of and interest on the bonds when and as they become due and payable. (ii) If the proceeds of taxes levied in any fiscal year prove inadequate for the payment, the county shall levy or cause to be levied additional taxes in the subsequent fiscal year to make up any deficiency. (2) The proceeds of a levy under this subsection shall be used only to pay principal of and interest on outstanding bonds issued under this section. (g) A bond issued under this section, its transfer, the interest payable on it, and the income from it, including any profit realized in the sale or exchange of it, shall at all times be and remain exempt from taxation of any kind and nature by: (1) the State, a county, a municipal corporation, or other political subdivision of the State; or (2) a unit of the State, a county, a municipal corporation, or other political subdivision of the State. (h) Sections 19–205 and 19–206 of the Local Government Article do not apply to bonds issued under this section.

Md. Code, Election Law § 9-105

Acquisition of a voting system shall be by purchase, lease, or rental and shall be exempt from State, county, or municipal taxation.

Md. Code, Election Law § 9-106

(a) Each county shall pay for its share of 50% of the State’s cost of acquiring and operating the uniform statewide voting systems for voting in polling places and for absentee voting provided for in this title, including the cost of maintenance, storage, printing of ballots, technical support and programming, related supplies and materials, and software licensing fees. (b) A county’s share of the cost of acquiring and operating the uniform statewide voting systems shall be based on the county’s voting age population.

Md. Code, Election Law § 9-201

(a) In any election conducted under this article: (1) all voting shall be by ballot; and (2) only votes cast on a ballot may be counted. (b) All ballots shall comply with the provisions of this subtitle. (c) A ballot may not be used for any purpose not authorized by this article.

Md. Code, Election Law § 9-202

(a) The State Board shall certify the content and the arrangement of each ballot to be used in an election that is subject to this article. (b) Each local board shall place questions, names of candidates, and other material on the ballot in that county in accordance with the content and arrangement prescribed by the State Board.

Md. Code, Election Law § 9-203

Each ballot shall: (1) be easily understandable by voters; (2) present all candidates and questions in a fair and nondiscriminatory manner; (3) permit the voter to easily record a vote on questions and on the voter’s choices among candidates; (4) protect the secrecy of each voter’s choices; and (5) facilitate the accurate tabulation of the choices of the voters.

Md. Code, Election Law § 9-204

(a) Subject to the other provisions of this subtitle and to different presentations required or made desirable by different voting systems, all ballots used in an election shall be as uniform as possible. (b) Except as otherwise specifically provided in this title, or unless a provision is clearly inappropriate to absentee ballots, the provisions of this subtitle relating to ballot content and arrangement shall apply to the arrangement of absentee ballots. (c) If applicable for the voting system in use, the appropriate components of the voting system shall be configured for a primary election to permit the voter to vote only for the candidates for which the voter is entitled to vote.

Md. Code, Election Law § 9-205

Each ballot shall contain: (1) a heading as provided in § 9-206(a) of this subtitle; (2) a statement of each question that has met all of the qualifications to appear on the ballot; (3) the title of each office to be voted on; (4) the name, as specified in the certificate of candidacy, or as otherwise provided in Title 5 of this article, of each candidate who has been certified by the State Board; (5) a party designation for certain candidates as provided in this subtitle; (6) a means by which a voter may cast write-in votes, as provided in this subtitle; and (7) instructions to voters as provided in this subtitle.

Md. Code, Election Law § 9-206

(a) Except as provided in paragraph (2) of this subsection, a heading shall be printed at the top of the ballot and shall contain, in the following order: (1) the words “Official Ballot”; (2) the type of election, i.e., regular or special, primary or general, and any other information required to identify the election being held; (3) the date of the election; (4) the words “State of Maryland” and the name of the county; (5) in a primary election, the name of the political party or the words “nonpartisan ballot”, as applicable, for which the ballot or a portion of the ballot is to be used; and (6) if more than one ballot style will be used in the county in the election, the ballot style indicator. (b) The provisions of subsection (a) of this section do not apply to a voting machine ballot if the State Board determines there is insufficient space.

Md. Code, Election Law § 9-207

(a) The State Board shall certify and publicly display the content and arrangement of each ballot: (1) for a primary election, at least 64 days before the election; (2) for a general election, at least 64 days before the election; (3) for a special primary election, at least 55 days before the election; and (4) for a special general election, not later than a date specified in the Governor’s proclamation. (b) The Supreme Court of Maryland, on petition of the State Board, may establish a later date in extraordinary circumstances. (c) The State Board shall publicly display the content and arrangement of each certified ballot on its website. (d) Except pursuant to a court order under § 9–209 of this subtitle, or as provided in § 9–208 of this subtitle, the content and arrangement of the ballot may not be modified after the second day of the public display. (e) Unless a delay is required by court order, the State Board may begin to print the ballots after certification and 3 days of public display and correct any noted errors.

Md. Code, Election Law § 9-208

(a) After the printing of ballots has begun and if an error or a change in circumstances affecting the ballots requires the State Board to implement a change in how a voter may cast a valid ballot, the State Administrator shall determine what measures a local board may take to notify voters of: (1) the error or change in circumstances; and (2) the manner in which the voters may cast valid ballots for that election. (b) The State Administrator shall immediately take all reasonable steps to notify all candidates on the ballot and any other persons whom the State Administrator considers appropriate: (1) on discovery of any change or correction affecting the ballots after the printing of ballots has begun; or (2) when the State Administrator implements a change under subsection (a) of this section.

Md. Code, Election Law § 9-209

(a) Within 2 days after the content and arrangement of the ballot are certified under § 9–207 of this subtitle, a registered voter may seek judicial review of the content and arrangement, or to correct any administrative error, by filing a sworn petition with the circuit court for Anne Arundel County. (b) The circuit court may require the State Board to: (1) correct an administrative error; (2) show cause why an administrative error should not be corrected; or (3) take any other action required to provide appropriate relief. (c) If an administrative error is discovered after the ballots have been publicly displayed, and the State Administrator fails to correct the administrative error, a registered voter may seek judicial review not later than the 62nd day preceding the election. (d) (1) A judicial proceeding under this section shall be conducted in accordance with the Maryland Rules, except that: (i) the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and (ii) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days of the date of the decision of the circuit court. (2) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (1)(ii) of this subsection as expeditiously as the circumstances require.

Md. Code, Election Law § 9-210

(a) The offices to be voted on shall be arranged on the ballot in the following order, as applicable: (1) public offices for which voters of the entire State may vote, in the following order: (i) President of the United States, or President and Vice President of the United States; (ii) Governor and Lieutenant Governor; (iii) Comptroller; (iv) Attorney General; and (v) United States Senator; (2) Representative in Congress; (3) members of the General Assembly of Maryland, in the following order: (i) Senate of Maryland; and (ii) House of Delegates; (4) members of the governing body of a county, in the following order: (i) county executive; and (ii) county council or county commissioner; (5) offices in the government of the City of Baltimore, in the following order: (i) Mayor; (ii) President of the City Council; (iii) Comptroller; and (iv) member of the City Council; (6) judicial offices, in the following order: (i) judge of the circuit court; and (ii) appellate judges, continuance in office, in the following order: 1. Supreme Court of Maryland; and 2. Appellate Court of Maryland; (7) public offices for which the voters of a county may vote, in the following order: (i) county treasurer; (ii) State’s Attorney; (iii) clerk of the circuit court; (iv) register of wills; (v) judge of the orphans’ court; (vi) sheriff; and (vii) other offices filled by partisan election; (8) party offices; and (9) offices filled by nonpartisan election. (b) Any office not specified in subsection (a) of this section shall be placed on the ballot following the offices specified in subsection (a) of this section. (c) Within any category of offices, if the ballot contains one or more contests for at large election and one or more contests for election by district, the contest or contests to be voted on at large shall appear first. (d) In a prominent position adjacent to the title of each office, there shall be instructions stating the number of candidates for whom the voter lawfully may vote. (e) (1) A ballot shall contain the name of every candidate who is authorized under the provisions of this article to appear on the ballot. (2) Each candidate shall be listed on the ballot in the contest for which the candidate has qualified. (f) (1) In a general election, the voter shall be afforded the opportunity to cast a write–in vote for as many positions as are to be filled in a contest. (2) On a document ballot, in each contest a blank line or lines for write–in voting shall follow the printed names on the ballot. (3) This subsection does not apply to questions or the continuance in office of appellate judges. (g) (1) Except for contests for judicial office or an office to be filled by nonpartisan election, the party affiliation of a candidate who is a nominee of a political party shall be indicated on the ballot. (2) (i) A candidate who is not a nominee of a political party or affiliated with a partisan organization shall be designated as an “unaffiliated”. (ii) A candidate who is affiliated with a partisan organization shall be designated under “other candidates”. (3) The names of candidates for judge of the circuit court or for a county board of education, and the names of incumbent appellate judges, shall be placed on the ballot without a party label or other distinguishing mark or location which might indicate party affiliation. (h) In an election of a member of the House of Delegates that is subject to the provisions of § 2–201(d) of the State Government Article, the name of a candidate shall be identified by the county in which the candidate resides. (i) (1) If there is an election for members of the House of Delegates who are required to live in a specific county and only a certain number of delegates may be elected from that county, the ballot shall provide that a voter may not vote for more than that number of candidates from that specific county. (2) In a legislative district where the delegates are to be elected by the voters of a multimember subdistrict that contains more than two counties or parts of more than two counties, a voter may cast a vote for the specified number of delegates to be elected in the subdistrict without regard to the county of residence of the candidate. (j) (1) In a primary election: (i) on a voting machine ballot, the names of the candidates for party nomination shall be grouped together by party; and (ii) on a document ballot, the ballot shall include only the names of candidates for which the voter is entitled to vote. (2) In a general election: (i) on a voting machine ballot, the names of the candidates of a political party shall be grouped together in adjacent rows or columns, and the majority party candidates shall be placed in the first row or column, followed by the candidates of the principal minority party, followed by other political parties in descending order based on the number of voters registered with the party, and finally by candidates not nominees of a political party; and (ii) on a document ballot, for each office the names of candidates shall be grouped together by party, with the majority party candidate or candidates listed first, followed by the candidate or candidates of the principal minority party, followed by the candidate or candidates of other political parties in descending order based on the statewide registration of the party, and finally by candidates who are not nominees of a political party. (3) In both primary elections and general elections, when there is more than one candidate of the same political party for nomination or election to an office, the names of the candidates in the group shall be listed in alphabetical order by surname. In the primary election, candidates for Governor and Lieutenant Governor shall be arranged in the order of surnames of the gubernatorial candidates. (k) On a voting machine ballot, the arrangement shall use the smallest number of rows or columns necessary, as evenly sized as possible, to accommodate all offices and candidates on the ballot.

Md. Code, Election Law § 9-211

(a) Questions to be voted upon shall be placed on the ballot in the following order: (1) those relating to the creation or adoption of a new State Constitution; (2) those proposing amendments to the Maryland Constitution; (3) those relating to other enactments of the General Assembly; (4) those relating to the creation or adoption of, or the amendment or other change in, the charter of a county; (5) those relating to other enactments by the governing body of a county; and (6) other questions. (b) The numbering of questions on a ballot shall be as provided in Title 7 of this article.

Md. Code, Election Law § 9-212

If applicable to the voting system and the requirements of the election, instructions shall be printed on each ballot stating that additional candidates or questions appear on the reverse side of the ballot face or on other ballot faces.

Md. Code, Election Law § 9-213

The content of both an absentee ballot and a provisional ballot issued to a voter shall be identical to the ballot used in the polling place of the voter’s residence.

Md. Code, Election Law § 9-214

Each local board shall provide specimen ballots, so labeled, for all ballots to be used in each election: (1) for mailing to registered voters under Title 8 of this article, if mailing of specimen ballots is chosen or required in the county; and (2) for other informational purposes in accordance with the provisions of this article.

Md. Code, Election Law § 9-215

(a) Each ballot shall be printed: (1) in plain, clear type in black ink; and (2) on material of the size and arrangement that is required to fit the needs of the voting system. (b) Each local board shall arrange to have printed a supply of ballots that is at least the number that is the product of: (1) the percentage of voters in the county who voted in the election that was 4 years prior, plus 10%; multiplied by (2) the current number of registered voters in the county. (c) The regulations adopted by the State Board for the use of each voting system shall provide standards for the printing of ballots, which assure that: (1) the ballots will be printed and received in a timely fashion; (2) the ballots will be suitable for use in the election; (3) the ballots are clear and legible; and (4) the printing and paper stock employed are durable.

Md. Code, Election Law § 9-216

(a) Consistent with the regulations adopted by the State Board for the voting system or systems used in the county, and subject to the approval of the State Board, each local board shall establish and maintain a system to account for, and maintain control over, the ballots from the beginning of production through postelection storage and disposition. (b) The State Board shall monitor and periodically review the performance of the local boards in their compliance with subsection (a) of this section.

Md. Code, Election Law § 9-217

(a) A person may not use, distribute, possess, print, or reproduce a ballot other than as authorized in this article. (b) A person who violates the provisions of subsection (a) of this section shall be subject to the penalties provided in Title 16 of this article.

Md. Code, Election Law § 9-301

(a) This subtitle applies to every election governed by this article. (b) The State Board shall prescribe all forms required to comply with: (1) this subtitle; and (2) any requirements of relevant federal law. (c) The State Board and each local board shall: (1) notwithstanding the use of the term “absentee” in this article, refer to absentee ballots as “mail–in ballots” and absentee voting as “mail–in voting” in all communications with voters and the general public; and (2) include in public communications regarding “mail–in voting” a statement that “mail–in voting” is referred to as absentee voting in the Maryland Constitution, the Annotated Code of Maryland, and the Code of Maryland Regulations.

Md. Code, Election Law § 9-302

Each local board shall maintain a full record of absentee voting in the county, including, for each absentee voter: (1) the date and time of the board’s receipt of an application for an absentee ballot; (2) the action taken with regard to the application; (3) the appropriate ballot style; (4) the date of issuance of a ballot; (5) if mailed, the address to which the ballot is sent; (6) the date and time of the receipt of a voted absentee ballot; and (7) any other information specified by the State Board.

Md. Code, Election Law § 9-303

(a) The State Board shall establish guidelines for the administration of absentee voting by the local boards. (b) The guidelines shall provide for: (1) the application process; (2) late application for absentee ballots; (3) ballot security, including storage of returned ballots; (4) determining timeliness of receipt of applications and ballots, including applications and ballots for overseas voters; (5) the canvass process; (6) notice of the canvass to candidates, political parties, campaign organizations, news media, and the general public; (7) observers of the process; (8) review of voted ballots and envelopes for compliance with the law and for machine tabulation acceptability; (9) standards for disallowance of ballots during the canvass; (10) storage and retention of ballots following canvass and certification; and (11) the permanent absentee ballot list. (c) The State Board shall: (1) in consultation with the local boards, assess the guidelines before each primary election; and (2) revise the guidelines if indicated.

Md. Code, Election Law § 9-305

(a) A voter may request an absentee ballot by completing and submitting: (1) the State Board approved absentee ballot application; (2) a form provided under federal law; (3) subject to subsection (b) of this section, a written request that includes: (i) the voter’s name, residence address, and signature; and (ii) the address to which the ballot is to be mailed, if different from the residence address; or (4) the accessible online absentee ballot application provided by the State Board. (b) A voter who uses the online absentee ballot application to request that an absentee ballot be sent by any method or who uses any method to request to receive a blank absentee ballot through the Internet shall provide the following information: (1) a Maryland driver’s license number or Maryland identification card number, the last four digits of the applicant’s Social Security number, and other information identified by the State Board that is not generally available to the public but is readily available to the applicant; or (2) if the applicant is an absent uniformed services voter or overseas voter as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act or a voter with a disability and does not have a Maryland driver’s license or Maryland identification card, the last four digits of the applicant’s Social Security number. (c) The State–approved absentee ballot application shall include a statement explaining the process for returning a completed absentee ballot if the voter chooses to receive an absentee ballot by facsimile transmission or the Internet. (d) An application for an absentee ballot must be received by a local board: (1) if the voter requests the absentee ballot be sent by mail or facsimile transmission, not later than the Tuesday preceding the election, at the time specified in the guidelines; (2) if the voter requests the absentee ballot be sent by the Internet, not later than the Friday preceding the election, at the time specified in the guidelines; or (3) if the voter or the voter’s duly authorized agent applies for an absentee ballot in person at the local board office, not later than the closing of the polls on election day. (e) (1) Except as provided in paragraph (2) of this subsection, the local board shall send a written notice regarding a request for a State–approved absentee ballot application with a specimen ballot mailed under § 8–102 of this article and any other mailing to voters or eligible voters to further awareness of the option of mail–in voting. (2) A local board is not required to send the notice required under paragraph (1) of this subsection: (i) to a voter: 1. who has permanent absentee ballot status under § 9–311.1 of this subtitle; or 2. more than once per election; or (ii) for a vote–by–mail election.

Md. Code, Election Law § 9-306

(a) Promptly after receipt of an application, the election director shall review the application and determine whether the applicant qualifies to vote by absentee ballot. (b) If the applicant qualifies to vote by absentee ballot, the local board shall provide the ballot by one of the following methods requested by the voter: (1) mail; (2) facsimile transmission; (3) the Internet; or (4) by hand during an in–person transaction. (c) (1) Not later than 43 days before an election, the local board shall send a ballot to each voter who qualifies to vote by absentee ballot and has made a request at least 60 days before the election to receive the ballot by mail, facsimile transmission, or the Internet. (2) A local board shall provide a ballot to a voter who qualifies to vote by absentee ballot and makes a request less than 60 days before an election: (i) as soon as practicable after receipt of the request; or (ii) immediately for an in–person transaction with a voter or the voter’s duly authorized agent. (d) (1) If the members of the local board determine that the applicant is not entitled to vote by absentee ballot, the local board shall notify the applicant as soon as practicable after receipt of the application of the reasons for the rejection. (2) (i) The local board may delegate the determination under paragraph (1) of this subsection to the staff of the local board. (ii) If the determination has been delegated, the applicant may appeal the rejection to the members of the local board, who shall decide the appeal as expeditiously as practicable. (e) Not more than one absentee ballot may be issued to a voter unless the election director of the local board has reasonable grounds to believe that an absentee ballot previously issued to the voter has been lost, destroyed, or spoiled.

Md. Code, Election Law § 9-307

(a) A qualified applicant may designate a duly authorized agent to pick up and deliver an absentee ballot under this subtitle. (b) An agent of the voter under this section: (1) must be at least 18 years old; (2) may not be a candidate on that ballot; (3) shall be designated in a writing signed by the voter under penalty of perjury; and (4) shall execute an affidavit under penalty of perjury that the ballot was: (i) delivered to the voter who submitted the application; (ii) marked and placed in an envelope by the voter, or with assistance as allowed by regulation, in the agent’s presence; and (iii) returned to the local board by the agent.

Md. Code, Election Law § 9-308

(a) A voter who requires assistance in casting an absentee ballot by reason of disability, inability to write, or inability to read the ballot may be assisted by any individual other than: (1) a candidate who is on that ballot; (2) the voter’s employer or an agent of the employer; or (3) an officer or agent of the voter’s union. (b) An individual rendering assistance under this section shall execute a certification as prescribed by the State Board and included in the instructions under § 9-309 of this subtitle.

Md. Code, Election Law § 9-308.1

§9–308.1. (a) In this section: (1) “online ballot marking tool” includes a system that allows a voter to: (i) access a blank ballot through the Internet; (ii) electronically mark the ballot with the voter’s selections; and (iii) print a paper copy of the marked ballot for mailing to a local board; and (2) “online ballot marking tool” does not include a system that is capable of storing, tabulating, or transmitting votes or voted ballots by electronic or electromagnetic means through the Internet. (b) The State Board may provide an accessible optional online ballot marking tool for use by a voter who requested to have the absentee ballot sent by the Internet. (c) (1) Except as provided in paragraph (2) of this subsection, the State Board shall certify that an online ballot marking tool satisfies all of the certification requirements under § 9–102(d) of this title before approving an online ballot marking tool for use by voters. (2) An online ballot marking tool is not required to satisfy the requirements of: (i) § 9–102(d)(2) of this title if the U.S. Election Assistance Commission has not approved specific performance and test standards for online ballot marking tools; or (ii) § 9–102(d)(1)(iii) of this title. (d) (1) This subsection applies if an online ballot marking tool utilizes a bar code that is used to generate a ballot that is acceptable for machine tabulation. (2) A local board shall compare the vote in each contest on the ballot marked by the voter to the vote in each contest on the ballot generated from the bar code during the canvass. (3) If there is a discrepancy in any contest between the vote on the ballot marked by the voter and the vote on the ballot generated from the bar code, the vote on the ballot marked by the voter shall be considered valid and shall be counted.

Md. Code, Election Law § 9-309

An absentee ballot shall be accompanied by instructions, prescribed by the State Board, for marking and returning the ballot.

Md. Code, Election Law § 9-310

(a) (1) This subsection applies only to an absentee ballot that is sent by mail. (2) (i) An absentee ballot shall be enclosed in specially printed envelopes, the form and content of which shall be prescribed by the State Board. (ii) The outgoing envelope shall include a statement, prominently placed, requesting that the recipient return the absentee ballot to the local board if the intended recipient no longer lives at that address. (3) (i) A local board may use either two envelopes or three envelopes. (ii) If two envelopes are used, the inner envelope shall be designated the “ballot/return envelope”, and, when issued, it shall fit inside the envelope designated the “outgoing envelope”. (iii) If three envelopes are used, the innermost envelope shall be designated the “ballot envelope”, which shall fit inside the envelope designated the “return envelope”, both of which, when issued, shall fit inside the envelope designated the “outgoing envelope”. (iv) The ballot/return envelope described under subparagraph (ii) of this paragraph and the return envelope described under subparagraph (iii) of this paragraph provided to a voter voting by absentee ballot shall include prepaid postage. (4) (i) An absentee ballot shall be accompanied by instructions for postage of the ballot/return envelope or the return envelope. (ii) The instructions for postage shall include: 1. a statement that the ballot/return envelope or return envelope includes prepaid postage and may be mailed as is; and 2. directions for how a voter may attach postage for the purpose of reducing the costs of the local board. (5) When voted and returned to the local board, an absentee ballot shall be enclosed in a ballot envelope or ballot/return envelope, on which has been printed an oath prescribed by the State Board. (b) The State Board shall reimburse each local board for 50% of the cost of prepaid postage included on ballot/return envelopes or return envelopes provided to a voter voting by absentee ballot under subsection (a)(3)(iv) of this section. (c) If an absentee ballot is sent by the Internet or facsimile transmission, the local board shall provide the voter with an envelope template, the oath prescribed by the State Board, and instructions for marking and returning the absentee ballot.

Md. Code, Election Law § 9-311

(a) (1) The members of a local board shall each be entitled to extra compensation, in addition to their regular compensation, for duties actually performed under this subtitle. (2) Except as provided in paragraph (3) of this subsection, the amount of the extra compensation shall be $10 per day, or a greater amount set by the governing body of the county. (3) In Baltimore City, the members of the local board shall receive $200 per election for duties under this subtitle. (b) Subject to § 9–106 of this title, the governing body of a county shall provide to the local board of the county an amount that is reasonable and necessary to pay for expenses, including the employment of temporary personnel, required for performing the duties required under this subtitle. (c) Payments under this section shall be made by the county governing body in the same manner that other funding is provided to the local board.

Md. Code, Election Law § 9-311.1

§9–311.1. (a) All voters are eligible for permanent absentee ballot status. (b) To request permanent absentee ballot status, a voter shall complete and submit: (1) the State Board–approved absentee ballot application and indicate on the form that the voter wishes to have permanent absentee ballot status; (2) a written request that includes the voter’s name, residence address, and signature; or (3) the online absentee ballot application provided by the State Board and indicate on the form that the voter wishes to have permanent absentee ballot status. (c) (1) A voter may apply for permanent absentee ballot status at any time. (2) A voter who requests permanent absentee ballot status may not receive an absentee ballot for the next election if the request is made after the applicable deadline specified in § 9–305(c) of this subtitle. (d) A voter shall specify in an absentee ballot application submitted in accordance with subsection (b) of this section: (1) one of the following methods by which the voter chooses to receive an absentee ballot: (i) mail; (ii) facsimile transmission; or (iii) the Internet; and (2) one of the following methods by which the voter chooses to be contacted by the State Board under subsection (g) of this section before each election: (i) nonforwardable mail; (ii) e–mail; or (iii) text message. (e) A voter who uses the online absentee ballot application to request permanent absentee ballot status or who uses any method to request to receive a blank absentee ballot through the Internet shall provide the information required under § 9–305(b) of this subtitle. (f) A voter who submits a proper request for permanent absentee ballot status shall be placed on the permanent absentee ballot list. (g) (1) During the period beginning 120 days before an election and ending 90 days before the election, the State Board shall send a written communication to each voter who is on the permanent absentee ballot list using the method chosen by the voter under subsection (d)(2) of this section. (2) The communication required under paragraph (1) of this subsection shall include: (i) confirmation that the voter is included on the permanent absentee ballot list; (ii) the address of the voter; (iii) the method by which the voter has chosen to receive an absentee ballot; and (iv) a statement that the voter must notify the local board if any of the changes listed in subsection (j) of this section have occurred. (3) If the State Board is unable to contact a voter using the method of communication chosen by the voter under subsection (d)(2) of this section, the State Board shall attempt to contact the voter using another method. (4) If the communication required under paragraph (1) of this subsection is sent by mail, the envelope shall include a statement, prominently placed, requesting that the recipient return the communication to the State Board if the intended recipient no longer lives at that address. (h) A local board shall send an absentee ballot to each voter on the permanent absentee ballot list each time there is an election. (i) A voter who has permanent absentee ballot status shall be removed from the permanent absentee ballot list if: (1) the voter requests to be removed from the list; (2) the voter is removed from the statewide voter registration list under Title 3, Subtitle 5 of this article; (3) the voter fails to return an absentee ballot for two consecutive statewide general elections; or (4) any mail sent to the voter by the State Board or a local board is returned undeliverable. (j) A voter shall notify the local board if any of the following changes occur while the voter has permanent absentee ballot status: (1) the voter no longer wishes to have permanent absentee ballot status; (2) the address to which the voter’s absentee ballot should be sent has changed; or (3) the voter wishes to receive an absentee ballot by a different method from the method previously indicated by the voter. (k) If a voter who has permanent absentee ballot status gives notice of a change of address under § 3–304 of this article, the local board shall enclose with the confirmation notice sent to the voter under § 3–502(b) of this article a notification that: (1) the voter remains included on the permanent absentee ballot list; and (2) the voter’s absentee ballot will be sent to the voter’s new address.

Md. Code, Election Law § 9-312

Any person who is convicted of a violation of any of the provisions of this subtitle is subject to a fine of not more than $1,000 or imprisonment for not more than 2 years or both.

Md. Code, Election Law § 9-401

(a) This subtitle applies to every election governed by this article. (b) The State Board shall prescribe all forms required to comply with: (1) this subtitle; and (2) any requirements of relevant federal law. (c) The budget of the State Board for each fiscal year shall include funding necessary to support any additional personnel costs associated with the implementation of the provisional ballot system required under this article.

Md. Code, Election Law § 9-402

Each local board shall maintain a full record of provisional ballot voting in the county, including, for each voter who votes using a provisional ballot: (1) the action taken with regard to the registration; (2) the appropriate ballot style; and (3) any other information specified by the State Board.

Md. Code, Election Law § 9-403

(a) The State Board shall establish guidelines for the administration of provisional ballot voting by the local boards. (b) The guidelines shall provide for: (1) the provisional ballot application process; (2) ballot security, including storage of returned ballots; (3) the canvass process; (4) notice of the canvass to candidates, political parties, campaign organizations, news media, and the general public; (5) observers of the process; (6) review of ballots and envelopes submitted for compliance with the law and for machine tabulation acceptability; (7) standards for disallowance of ballots during the canvass; (8) storage and retention of ballots following canvass and certification; and (9) the free access system required under § 11-303(f) of this article. (c) The State Board shall: (1) in consultation with the local boards, assess the guidelines before each primary election; and (2) revise the guidelines if indicated.

Md. Code, Election Law § 9-404

(a) If an individual is eligible under subsection (b) of this section, the individual shall be issued and may cast a provisional ballot: (1) at a polling place on election day; (2) at an early voting center during early voting; or (3) at the local board office in the county where the individual resides after the close of registration and before the closing of the polls on election day. (b) An individual is eligible to cast a provisional ballot if: (1) the individual declares in a written affirmation submitted with the provisional ballot that the individual is a registered voter in the State and is eligible to vote in that election; and (2) (i) the individual’s name does not appear on the election register; (ii) an election official asserts that the individual is not eligible to vote; or (iii) the individual does not have the necessary identification. (c) In addition to the individuals who cast provisional ballots under subsections (a) and (b) of this section, any individual who appears to vote during a period covered by a court order or other order extending the time for closing the polls shall cast a provisional ballot. A provisional ballot cast under this subsection shall be separated and held apart from other provisional ballots cast by those not affected by the order.

Md. Code, Election Law § 9-405

Before an individual casts a provisional ballot: (1) the individual shall complete and sign the provisional ballot application prescribed by the State Board; and (2) the election official issuing the ballot shall give the individual written information advising the individual that, and describing how, the individual will be able to ascertain whether the vote was counted and, if it was not counted, the reason it was not.

Md. Code, Election Law § 9-406

(a) A voter who requires assistance in casting a provisional ballot by reason of disability, inability to write, or inability to read the ballot may be assisted by any individual other than: (1) a candidate who is on that ballot; (2) the individual’s employer or an agent of the employer; or (3) an officer or agent of the individual’s union. (b) An individual rendering assistance under this section shall execute a certification as prescribed by the State Board and included in the instructions under § 9–407 of this subtitle.

Md. Code, Election Law § 9-407

(a) A provisional ballot shall be accompanied by instructions, prescribed by the State Board, for marking and returning the ballot. (b) When voted, a provisional ballot shall be: (1) enclosed in an envelope designated “provisional ballot/return envelope”; or (2) stored in an electronic format, as specified by the State Board.

Md. Code, Election Law § 9-408

Any person who is convicted of a violation of any of the provisions of this subtitle is subject to a fine of not more than $1,000 or imprisonment for not more than 2 years or both.

Md. Code, Election Law § 9-501

(a) This subtitle applies only to a special election that is not held concurrently with a regularly scheduled primary or general election. (b) Voting by mail may be utilized in a special election in accordance with this subtitle. (c) A special election to fill a vacancy in the Office of Representative in Congress shall be conducted by mail if the Governor’s proclamation issued under § 8–710 of this article directs that the election be conducted by mail. (d) (1) In this subsection, “local special election” means a special election to: (i) fill a vacancy in the offices of county council member, chief executive officer, or county executive of a charter county if the charter of that county provides for special elections; (ii) fill a vacancy in the board of county commissioners of a code home rule county if a local law enacted by that county provides for special elections; (iii) fill a vacancy in the board of county commissioners of a commission county if a law provides for special elections; (iv) fill a vacancy in a local board of education if State law provides for special elections; (v) elect members of a charter board or submit a proposed charter to the voters for adoption or rejection in accordance with Article XI–A, § 1A of the Maryland Constitution; or (vi) submit a local law enacted by a code home rule county to the voters for adoption or rejection in accordance with § 9–313 of the Local Government Article. (2) A local special election shall be conducted by mail if the resolution of the county council or board of county commissioners establishing the date of the special election directs that the election be conducted by mail. (e) Except as otherwise provided in this subtitle: (1) provisions of this article relating to absentee voting apply to voting by mail; and (2) all pertinent State or local laws relating to the conduct of a special election apply to a special election conducted under this subtitle. (f) Provisions of this article relating to the conduct of elections apply to a special election conducted under this subtitle, unless a law specifically relevant to a special election applies.

Md. Code, Election Law § 9-502

(a) (1) Except as provided in paragraph (2) of this subsection, a local board shall mail by nonforwardable mail a vote–by–mail ballot to each registered voter who is eligible to vote in a special election. (2) A local board is not required to mail a vote–by–mail ballot to a voter if the voter has requested that the ballot be sent by other means. (3) A local board is not required to mail specimen ballots to the registered voters of the county under § 8–102 of this article. (b) A voter is not required to submit an application to receive a vote–by–mail ballot. (c) In Montgomery County: (1) each vote–by–mail ballot shall be accompanied by a postage–paid envelope in which a voter may return the voted ballot to the local board; and (2) the local board shall pay the cost of postage–paid envelopes provided under this subsection. (d) A local board shall send a vote–by–mail ballot to each eligible voter at least 30 days before the day of a special election. (e) (1) Except as provided in paragraph (2) of this subsection, a vote–by–mail ballot shall be mailed to the address that is on file in the statewide voter registration list for each eligible voter. (2) A registered voter may request to receive a vote–by–mail ballot at an address other than the address that is on file in the statewide voter registration list by: (i) submitting an absentee ballot application in accordance with § 9–305(a) of this title not later than the Tuesday preceding the day of a special election, if the voter is temporarily absent from the address that is on file in the statewide voter registration list; or (ii) notifying a local board of a change of address not later than the Tuesday preceding the day of a special election, if the voter’s residence has changed from the address that is on file in the statewide voter registration list to another location within the State. (f) A local board shall issue a replacement vote–by–mail ballot to a voter if the election director of the local board has reasonable grounds to believe that the vote–by–mail ballot previously issued to the voter has been lost, destroyed, spoiled, or not received.

Md. Code, Election Law § 9-503

(a) Each local board shall establish at least one voting center for the use of any eligible voter who chooses to cast a ballot in person in a special election in accordance with this section. (b) (1) A voting center shall be located at a local board office or another location within the constituency where the special election is being held. (2) In Montgomery County: (i) in a special election held in a single county council district, at least one voting center shall be established in the county council district where the special election is being held; and (ii) in a countywide special election, at least one voting center shall be established in each county council district. (c) A voting center established under this section shall: (1) provide access to a voting system that is accessible to voters with disabilities in accordance with the federal Americans with Disabilities Act and the federal Help America Vote Act; (2) provide for provisional voting in accordance with Subtitle 4 of this title; (3) satisfy the requirements of § 10–101 of this article; and (4) (i) unless otherwise specified in the proclamation issued by the Governor that directs that the special election be conducted by mail, and except as provided in item (ii) of this item, be open for voting each day beginning 6 days before the day of a special election through the day of a special election during the hours between: 1. 10 a.m. and 8 p.m. Monday through Saturday; and 2. 12 noon to 6 p.m. on Sunday; and (ii) in Montgomery County, be open for voting during the days and for the hours that the county council directs in the resolution under § 9–501(d)(2) of this subtitle. (d) If necessary to expedite the conduct of a special election and subject to the approval of the State Board, a local board may establish a voting center under this section during a period when a change in polling places is prohibited under § 2–303 of this article. (e) The process for applying in person for an absentee ballot at the office of a local board under § 9–305 of this title does not apply to a special election conducted by mail. (f) Except as otherwise provided in this section, any provision of this article that applies to voting at a polling place on election day also applies to voting at a voting center established under this section.

Md. Code, Election Law § 9-504

(a) A voter may return a vote–by–mail ballot to a local board: (1) by mail; (2) in person during regular office hours; (3) through a ballot drop box; or (4) through a duly authorized agent in accordance with subsection (b) of this section. (b) (1) A voter may designate a duly authorized agent in accordance with § 9–307 of this title to return a vote–by–mail ballot to a local board during regular office hours. (2) Notwithstanding § 9–307(b)(4)(i) of this title, an agent is required only to: (i) witness the voter mark the ballot and place it in an envelope; and (ii) return the ballot to a local board.

Md. Code, Election Law § 9-505

(a) A vote–by–mail ballot is considered timely and may be counted if the ballot: (1) is returned in person to the office of a local board by the voter or the voter’s duly authorized agent no later than 8 p.m. on the day of a special election; or (2) (i) is received by mail by a local board no later than 10 a.m. on the second Friday after a special election; and (ii) was mailed on or before election day, as verified: 1. by a postmark; or 2. if the return envelope does not contain a postmark or the postmark is illegible, by the voter’s affidavit that the ballot was mailed on or before election day. (b) A vote–by–mail ballot that does not meet the requirements of subsection (a) of this section is not timely and may not be counted.

Md. Code, Election Law § 9-506

(a) Except as provided in subsection (b) of this section, a local board may commence the canvass of vote–by–mail ballots at 2 p.m. on the day of a special election. (b) The State Board may adopt regulations authorizing a local board to commence the canvass of vote–by–mail ballots before the time specified in subsection (a) of this section. (c) The State Board shall adopt regulations that provide for: (1) public observation of the canvass of vote–by–mail ballots in accordance with § 11–301(a–1) of this article; and (2) procedures for maintaining the secrecy of the election results until after 12 a.m. on the day after a special election.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026