Election Law (GEL) — Title 9. Voting

protect the secrecy of the ballot;

protect the security of the voting process;

count and record all votes accurately;

accommodate any ballot used under this article;

protect all other rights of voters and candidates;

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

provide a voter–verifiable paper record that:

examined by an independent testing laboratory that is approved by the U.S. Election Assistance Commission; and

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

a public demonstration of the system; and

an evaluation by individuals representing a cross–section of voters with disabilities.

a description of the voting system;

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;

local election officials’ responsibility for management of the system;

the actions required to assure the security of the voting system;

the supplies and equipment required;

the storage, delivery, and return of the supplies and equipment necessary for the operation of the voting system;

standards for training election officials in the operation and use of the voting system;

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;

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;

the practices and procedures in each polling place appropriate to the operation of the voting system;

assuring ballot accountability in systems using a document ballot;

the actions required to tabulate votes; and

postelection review and audit of the system’s output.

be dated;

bear interest at a rate or rates to be determined in the manner that is specified in the ordinance or resolution; and

mature at certain times.

at the price set before bonds are issued; and

under the terms and conditions set before bonds are issued.

cite the authority for the issuance of the bonds and the amount authorized;

determine the form of the bonds;

fix the denomination of the bonds; and

fix the place where principal and interest may be paid, which may include a bank or trust company inside or outside the State.

at public or private negotiated sale as the county determines to be in its best interest; and

at the price or prices determined in the manner that is specified in the authorizing ordinance or resolution.

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.

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.

the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and

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.

President of the United States, or President and Vice President of the United States;

Governor and Lieutenant Governor;

Comptroller;

Attorney General; and

United States Senator;

Senate of Maryland; and

House of Delegates;

county executive; and

county council or county commissioner;

Mayor;

President of the City Council;

Comptroller; and

member of the City Council;

judge of the circuit court; and

appellate judges, continuance in office, in the following order:

county treasurer;

State’s Attorney;

clerk of the circuit court;

register of wills;

judge of the orphans’ court;

sheriff; and

other offices filled by partisan election;

A candidate who is not a nominee of a political party or affiliated with a partisan organization shall be designated as an “unaffiliated”.

A candidate who is affiliated with a partisan organization shall be designated under “other candidates”.

on a voting machine ballot, the names of the candidates for party nomination shall be grouped together by party; and

on a document ballot, the ballot shall include only the names of candidates for which the voter is entitled to vote.

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

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.

the voter’s name, residence address, and signature; and

the address to which the ballot is to be mailed, if different from the residence address; or

to a voter:

for a vote–by–mail election.

as soon as practicable after receipt of the request; or

immediately for an in–person transaction with a voter or the voter’s duly authorized agent.

The local board may delegate the determination under paragraph (1) of this subsection to the staff of the local board.

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.

delivered to the voter who submitted the application;

marked and placed in an envelope by the voter, or with assistance as allowed by regulation, in the agent’s presence; and

returned to the local board by the agent.

access a blank ballot through the Internet;

electronically mark the ballot with the voter’s selections; and

print a paper copy of the marked ballot for mailing to a local board; and

§ 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

§ 9–102(d)(1)(iii) of this title.

An absentee ballot shall be enclosed in specially printed envelopes, the form and content of which shall be prescribed by the State Board.

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.

A local board may use either two envelopes or three envelopes.

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”.

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”.

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.

An absentee ballot shall be accompanied by instructions for postage of the ballot/return envelope or the return envelope.

The instructions for postage shall include:

by a postmark; or

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.

The State Board shall provide notice to voters of the requirements:

The notice required under subparagraph (i) of this paragraph shall, at a minimum, encourage an early return of absentee ballots by urging voters to:

The State Board shall use multiple methods to provide the notice required under this paragraph, including written notice with instructions for sample ballots and ballots, a social media campaign, and mass media communications.

mail;

facsimile transmission; or

the Internet; and

nonforwardable mail;

e–mail; or

text message.

confirmation that the voter is included on the permanent absentee ballot list;

the address of the voter;

the method by which the voter has chosen to receive an absentee ballot; and

a statement that the voter must notify the local board if any of the changes listed in subsection (j) of this section have occurred.

the individual’s name does not appear on the election register;

an election official asserts that the individual is not eligible to vote; or

the individual does not have the necessary identification.

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;

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;

fill a vacancy in the board of county commissioners of a commission county if a law provides for special elections;

fill a vacancy in a local board of education if State law provides for special elections;

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

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.

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

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.

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

in a countywide special election, at least one voting center shall be established in each county council district.

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:

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.

witness the voter mark the ballot and place it in an envelope; and

return the ballot to a local board.

is received by mail by a local board no later than 10 a.m. on the second Friday after a special election; and

was mailed on or before election day, as verified: