Title 9. Voting — Subtitle 3. Absentee Voting

this subtitle; and

any requirements of relevant federal law.

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;

refer to absentee ballots that are delivered to a voter by the Internet as “print–at–home ballots” in all communications with voters and the general public; and

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.

the application process;

late application for absentee ballots;

ballot security, including storage of returned ballots;

determining timeliness of receipt of applications and ballots, including applications and ballots for overseas voters;

the canvass process;

notice of the canvass to candidates, political parties, campaign organizations, news media, and the general public;

observers of the process;

review of voted ballots and envelopes for compliance with the law and for machine tabulation acceptability;

standards for disallowance of ballots during the canvass;

storage and retention of ballots following canvass and certification; and

the permanent absentee ballot list.

in consultation with the local boards, assess the guidelines before each primary election; and

revise the guidelines if indicated.

the State Board approved absentee ballot application;

a form provided under federal law;

subject to subsection (b) of this section, a written request that includes:

the accessible online absentee ballot application provided by the State Board.

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

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.

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;

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

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.

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.

A local board is not required to send the notice required under paragraph (1) of this subsection:

mail;

facsimile transmission;

the Internet; or

by hand during an in–person transaction.

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.

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:

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.

must be at least 18 years old;

may not be a candidate on that ballot;

shall be designated in a writing signed by the voter under penalty of perjury; and

shall execute an affidavit under penalty of perjury that the ballot was:

a candidate who is on that ballot;

the voter’s employer or an agent of the employer; or

an officer or agent of the voter’s union.

“online ballot marking tool” includes a system that allows a voter to:

“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.

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.

An online ballot marking tool is not required to satisfy the requirements of:

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.

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.

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.

This subsection applies only to an absentee ballot that is sent by mail.

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.

is received at an early voting center before the polls close at the early voting center on the last day of early voting;

is received at a local board office before the polls close on election day;

is received at a polling place before the polls close on election day;

is deposited in a ballot drop box before the polls close on election day; or

is received by mail at a local board office not later than 10 a.m. on the second Friday after an election and was mailed on or before election day, as verified:

This subsection applies only if federal law or a federal court establishes requirements for the timeliness of absentee ballots with federal contests that differ from the requirements under subsection (a) of this section.

Votes in nonfederal contests on a ballot that is considered timely under subsection (a) of this section shall be counted unless a law or regulation requires that a vote in a contest be rejected for a reason unrelated to the timeliness of the ballot.

The State Board shall adopt regulations for the conduct of the absentee ballot canvass that comply with the federal requirements and paragraph (2) of this subsection.

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.

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.

In Baltimore City, the members of the local board shall receive $200 per election for duties under this subtitle.

the State Board–approved absentee ballot application and indicate on the form that the voter wishes to have permanent absentee ballot status;

a written request that includes the voter’s name, residence address, and signature; or

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.

A voter may apply for permanent absentee ballot status at any time.

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.

one of the following methods by which the voter chooses to receive an absentee ballot:

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:

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.

The communication required under paragraph (1) of this subsection shall include:

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.

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.

the voter requests to be removed from the list;

the voter is removed from the statewide voter registration list under Title 3, Subtitle 5 of this article;

the voter fails to return an absentee ballot for two consecutive statewide general elections; or

any mail sent to the voter by the State Board or a local board is returned undeliverable.

the voter no longer wishes to have permanent absentee ballot status;

the address to which the voter’s absentee ballot should be sent has changed; or

the voter wishes to receive an absentee ballot by a different method from the method previously indicated by the voter.

the voter remains included on the permanent absentee ballot list; and

the voter’s absentee ballot will be sent to the voter’s new address.