This subtitle applies to every election governed by this article. The State Board shall prescribe all forms required to comply with: this subtitle; and any requirements of relevant federal law. The State Board and each local board shall: 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.

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

The State Board shall establish guidelines for the administration of absentee voting by the local boards. The guidelines shall provide for: 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. The State Board shall: in consultation with the local boards, assess the guidelines before each primary election; and revise the guidelines if indicated.

Subject to § 9–310.1(c) of this subtitle, an individual may vote by absentee ballot except to the extent preempted under an applicable federal law.

A voter may request an absentee ballot by completing and submitting: 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 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 the accessible online absentee ballot application provided by the State Board. 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: 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. 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. An application for an absentee ballot must be received by a local board: 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: to a voter: who has permanent absentee ballot status under § 9–311.1 of this subtitle; or more than once per election; or for a vote–by–mail election.

Promptly after receipt of an application, the election director shall review the application and determine whether the applicant qualifies to vote by absentee ballot. 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: 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: 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. 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. 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. 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.

A qualified applicant may designate a duly authorized agent to pick up and deliver an absentee ballot under this subtitle. An agent of the voter under this section: 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: 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.

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: 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. 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.

In this section: “online ballot marking tool” includes a system that allows a voter to: 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 “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. 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. 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: § 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. 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.

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

This subsection applies only to an absentee ballot that is sent by mail. 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: a statement that the ballot/return envelope or return envelope includes prepaid postage and may be mailed as is; and directions for how a voter may attach postage for the purpose of reducing the costs of the local board. 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. 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. 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.

An absentee ballot is considered timely and may be counted if the ballot: 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: 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. An absentee ballot that does not meet the requirements under subsection (a) of this section is not timely and may not be counted. 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 State Board shall provide notice to voters of the requirements: under federal law for the timely receipt of absentee ballots with federal contests; and under State law for the timely receipt of absentee ballots with nonfederal contests. The notice required under subparagraph (i) of this paragraph shall, at a minimum, encourage an early return of absentee ballots by urging voters to: mail the voter’s ballot at least 1 week before election day; or place the voter’s ballot in a ballot drop box on or before election day. 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.

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. 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. 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.

All voters are eligible for permanent absentee ballot status. To request permanent absentee ballot status, a voter shall complete and submit: 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. A voter shall specify in an absentee ballot application submitted in accordance with subsection (b) of this section: one of the following methods by which the voter chooses to receive an absentee ballot: mail; facsimile transmission; or the Internet; and 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: nonforwardable mail; e–mail; or text message. 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. A voter who submits a proper request for permanent absentee ballot status shall be placed on the permanent absentee ballot list. 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: 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. 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. A local board shall send an absentee ballot to each voter on the permanent absentee ballot list each time there is an election. A voter who has permanent absentee ballot status shall be removed from the permanent absentee ballot list if: 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. A voter shall notify the local board if any of the following changes occur while the voter has permanent absentee ballot status: 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. 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: 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.

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.