# Election Law (GEL)

## Title 9. Voting

### Subtitle 2. Ballots

#### Section 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.

#### Section 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.

#### Section 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.

#### Section 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.

#### Section 9-205

Each ballot shall contain:

(1) a heading as provided in Sec. 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.

#### Section 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.

#### Section 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 Sec. 9-209 of this subtitle, or as provided in Sec. 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.

(f) The certification of a ballot under this section that includes a question may not be construed to be a certification of the ballot language required to be included on the ballot under Sec. 7-103 of this article, including the plain language condensed statement required under Sec. 7-103(b)(4) of this article.

#### Section 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.

#### Section 9-209

(a) Within 2 days after the content and arrangement of the ballot are certified under Sec. 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.

#### Section 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 Sec. 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.

#### Section 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.

#### Section 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.

#### Section 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.

#### Section 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.

#### Section 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.

#### Section 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.

#### Section 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.

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Md. Code Ann., Election Law (as displayed at mgaleg.maryland.gov, October 16, 2026)