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240 250 260 270 280 290 300 310 320 330 340 350 360 370 380 390 AN ACT CONCERNING Election Law Voting Absentee Voting Permanent Absentee Voter List FOR the purpose of establishing a permanent absentee voter list to be maintained by local Boards of Elections; establishing that registered voters who are enrolled on the permanent absentee voter list are to be automatically sent an absentee ballot for every subsequent primary and general election during which those voters are enrolled on that list; establishing qualifications for enrollment on the permanent absentee voter list; establishing the procedure used to review and either accept or reject an application for enrollment on the permanent absentee voter list; requiring local Boards of Elections to distribute absentee ballots to those voters who are enrolled on the permanent absentee voter list a certain number of days before each Election Day; establishing the method by which a voter applies to be enrolled on the permanent absentee voter list; establishing the methods by which a voter may be removed from the permanent absentee voter list; requiring the State Board of Elections to issue guidelines concerning the maintenance of permanent absentee voter lists; providing for the severability of invalid provisions or applications of this Act; and repealing inconsistent laws. BY repealing and re-enacting, with amendments Article Election Law Section 9. Voting Subtitle 3. Absentee Voting Section 9-302, 9-303, and 9-305 BY repealing and re-enacting, without amendments Article Election Law Section 9. Voting Subtitle 3. Absentee Voting Section 9-306 BY adding to, Article Election Law Section 9. Voting Subtitle 3. Absentee Voting Section 9-313. Permanent absentee voter list SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: Article Election Law Section 9. Voting Subtitle 3. Absentee Voting 9-302. Documentation by local boards

A001-1213 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 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) WHETHER THE VOTER IS ON THE PERMANENT ABSENTEE VOTER LIST, AS ESTABLISHED UNDER 9-313 OF THIS ARTICLE; AND, (7) any other information specified by the State Board. 9-303. Guidelines (a) Established by State Board. -- The State Board shall establish guidelines for the administration of absentee voting by the local boards. (b) Content. -- The guidelines shall provide for: (1) the application process; (2) late application for absentee ballots; (3) MAINTENANCE OF PERMANENT ABSENTEE VOTER LISTS, AS ESTABLISHED UNDER 9-313 OF THIS ARTICLE; (3) (4) ballot security, including storage of returned ballots; (4) (5) determining timeliness of receipt of applications and ballots, including applications and ballots for overseas voters; (5) (6) the canvass process; (6) (7) notice of the canvass to candidates, political parties, campaign organizations, news media, and the general public;

A001-1213 670 680 690 700 710 720 730 740 750 760 770 780 790 800 810 820 830 840 850 860 870 880 890 900 910 920 930 940 950 (7) (8) observers of the process; (8) (9) review of voted ballots and envelopes for compliance with the law and for machine tabulation acceptability; (9) (10) standards for disallowance of ballots during the canvass; and (10) (11) storage and retention of ballots following canvass and certification. (c) Periodic assessment and revision of guidelines. -- 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. 9-305. Applications for absentee ballot (a) Application. -- An application for an absentee ballot, signed by the voter, may be made: (1) on a form produced by the local board and supplied to the voter; (2) on a form provided under federal law; or (3) in a written request that includes: (i) the voter's name and residence address; and (ii) the address to which the ballot is to be mailed, if different from the residence address. (b) Deadline for receipt of application. -- Except for a late application under subsection (c) of this section, an application for an absentee ballot must be received by a local board not later than the Tuesday preceding the election, at the time specified in the guidelines. (c) Late application. -(1) Beginning on the Wednesday preceding the election, through the closing of the polls on election day, a registered voter or the voter's duly authorized agent may apply in person for an absentee ballot at the office of the local board.

A001-1213 960 970 980 990 1000 1010 1020 1030 1040 1050 1060 1070 1080 1090 1100 1110 1120 1130 1140 1150 (2) A special application for an absentee ballot issued under this subsection shall be supplied by the staff of the local board to the voter or the voter's duly authorized agent. (3) The application shall be made under penalty of perjury but without a formal oath. (4) After review of the application, the staff shall issue an absentee ballot to the voter or the voter's duly authorized agent. (D) OPTION TO ENROLL ON THE PERMANENT ABSENTEE VOTER LIST. -- AN APPLICATION FOR AN ABSENTEE BALLOT THAT IS PROVIDED UNDER SUBSECTION (A)(1) OF THIS SECTION SHALL PROVIDE TO A VOTER THE OPTIONS TO: (1) APPLY FOR AN ABSENTEE BALLOT ONLY FOR THE NEXT ELECTION; (2) APPLY TO ENROLL ON THE PERMANENT ABSENTEE VOTER LIST, AS ESTABLISHED UNDER 9-313 OF THIS ARTICLE; (3) CHANGE THE ADDRESS TO WHICH FUTURE ABSENTEE BALLOTS ARE TO BE SENT DUE TO THAT VOTERS PRESENCE ON THE PERMANENT ABSENTEE VOTER LIST; AND (4) REMOVE THAT VOTER FROM THE PERMANENT ABSENTEE VOTER LIST.

1160 9-306. Review of application; issuance or rejection 1170 (a) Review of application. -- Promptly after receipt of an application, the election 1180 director shall review the application and determine whether the applicant qualifies 1190 to vote by absentee ballot. 1200 (b) Transmittal of ballot. -- If the applicant qualifies to vote by absentee ballot, the 1210 local board shall send the ballot: 1220 1230 1240 (1) as soon as practicable after receipt of the request; or (2) if the ballots have not been received from the printer, as soon as practicable after the local board receives delivery of the ballots.

1250 (c) Rejection of application. -1260 1270 (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

A001-1213 1280 1290 1300 1310 1320 1330 1340 1350 1360 1370 1380 applicant as soon as practicable after receipt of the application of the 1 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. (d) Number of ballots issued to a voter. -- 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.

1390 9-313. PERMANENT ABSENTEE VOTER LIST 1400 1410 1420 1430 1440 1450 1460 1470 1480 1490 1500 1510 1520 1530 1540 1550 1560 1570 1580 1590 1600 1610 1620 1630 1640 (A) ESTABLISHED. EACH LOCAL BOARD SHALL MAINTAIN A PERMANENT ABSENTEE VOTER LIST, WHICH SHALL CONSIST OF A LIST OF VOTERS REGISTERED WITHIN THAT BOARDS JURISDICTION WHO HAVE INDICATED, THROUGH SUBMISSION OF A FORM ISSUED BY THAT BOARD AS PROVIDED UNDER SUBSECTION (A)(1) OF 9-305 OF THIS ARTICLE, THAT THEY WISH TO RECEIVE AN ABSENTEE BALLOT FOR ALL FUTURE PRIMARY AND GENERAL ELECTIONS IN WHICH THAT VOTER IS QUALIFIED TO VOTE. (B) QUALIFICATIONS FOR ENROLLMENT ON THE PERMANENT ABSENTEE VOTER LIST. THE QUALIFICATIONS THAT A VOTER MUST FULFILL IN ORDER TO ENROLL ON THE PERMANENT ABSENTEE VOTER LIST SHALL BE THE SAME AS THOSE QUALIFICATIONS THAT A VOTER MUST FULFILL IN ORDER TO APPLY FOR AN INDIVIDUAL ABSENTEE BALLOT. (C) REVIEW OF APPLICATION; ENROLLMENT OR REJECTION. THE PROCEDURE USED TO REVIEW AN APPLICATION FOR ENROLLMENT ON THE PERMANENT ABSENTEE VOTER LIST AND TO ENROLL THE APPLICANT OR TO REJECT AN APPLICATION FOR ENROLLMENT SHALL BE THE SAME AS THE PROCEDURE USED TO REVIEW AN APPLICATION FOR AN INDIVIDUAL ABSENTEE BALLOT, AS ESTABLISHED BY 9-306 OF THIS ARTICLE. (C) PROVISION OF ABSENTEE BALLOTS. IN EVERY ELECTION THAT TAKES PLACE AFTER A VOTERS ENROLLMENT ON THE PERMANENT ABSENTEE VOTER LIST, AN ABSENTEE BALLOT SHALL BE SENT TO THAT VOTER:

A001-1213 1650 1660 1670 1680 1690 1700 1710 1720 1730 1740 1750 1760 1770 (1) AT THE MAILING ADDRESS OF THAT VOTER, PROVIDED EITHER (I) ON THE VOTERS APPLICATION TO ENROLL ON THE PERMANENT ABSENTEE VOTER LIST, OR; (II) ON THE VOTERS APPLICATION TO REGISTER TO VOTE, WHICHEVER ADDRESS WAS PROVIDED MORE RECENTLY; OR (2) AT THE PERMANENT ADDRESS OF THAT VOTER, IF NO OTHER MAILING ADDRESS HAS BEEN PROVIDED. (D) DISTRIBUTION OF ABSENTEE BALLOTS. VOTERS WHO HAVE BEEN ENROLLED ON THE PERMANENT ABSENTEE VOTER LIST SHALL BE SENT AN ABSENTEE BALLOT 28 DAYS BEFORE ELECTION DAY BY THE LOCAL BOARDS.

1780 (E) REMOVAL FROM THE PERMANENT ABSENTEE VOTER LIST. A 1790 VOTER WHO IS ENROLLED ON THE PERMANENT ABSENTEE VOTER 1800 LIST SHALL BE REMOVED FROM THAT LIST IF: 1810 1820 1830 1840 1850 1860 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 (1) THAT VOTER IS NO LONGER QUALIFIED TO BE A REGISTERED VOTER UNDER PROVISIONS ESTABLISHED BY SUBSECTION (B) OF 3-102 OF THIS ARTICLE; (2) THAT VOTER VOLUNTARILY APPLIES TO BE REMOVED FROM THE PERMANENT ABSENTEE VOTER LIST, THROUGH SUBMISSION OF A FORM ISSUED BY THAT VOTERS LOCAL BOARD AS PROVIDED UNDER SUBSECTION (A)(1) OF 9-305 OF THIS ARTICLE; (3) THAT VOTER, AFTER ENROLLMENT ON THE PERMANENT ABSENTEE VOTER LIST, REGISTERS TO VOTE AGAIN USING A DIFFERENT PERMANENT ADDRESS EITHER IN OR OUT OF THE STATE OF MARYLAND; OR, (4) THE VOTER IS DECEASED. (F) NOTIFICATION OF ENROLLMENT ON PERMANENT ABSENTEE VOTER LIST. IF A REGISTERED VOTER HAS BEEN ENROLLED ON THE PERMANENT ABSENTEE VOTER LIST, THE STATE BOARD OF ELECTIONS SHALL MAKE THAT VOTERS ENROLLMENT STATUS VISIBLE ON ANY INTERNET DATABASE MAINTAINED BY THE STATE BOARD ON WHICH THOSE VOTERS MAY VIEW PERSONAL

A001-1213 2000 INFORMATION RELEVANT TO THEIR VOTER REGISTRATION AS SOON 2010 AS PRACTICABLE. 2020 2030 2040 2050 2060 2070 2080 2090 2100 2110 2120 SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for provisions of this Act are declared severable. SECTION 3. AND BE IT FURTHER ENACTED, That all laws or parts of laws, public general or public local, inconsistent with this Act, are repealed to the extent of the inconsistency. SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect January 1, 2014. Martin OMalley, Governor of Maryland John P. McDonough, Maryland Secretary of State Del. Sheila Ellis Hixson, Chair, House of Delegates Committee on Ways and Means Del. Jon S. Cardin, Chair, House of Delegates Subcommittee on Election Law Sen. Joan Carter Conway, Chair, Senate Committee on Education, Health, and Environmental Affairs Sen. Roy P. Dyson, Chair, Senate Subcommittee on Ethics and Election Law

2130 MANDATES: 2140 2150 2160 2170 2180 2190 2200 2210 2220

SPONSOR: Andy Jannett, Federalist Caucus Leader and State Political Liaison University of Maryland, College Park andy.jannett@gmail.com COSPONSOR: Brooke Parker, Lieutenant Governor University of Maryland, College Park