This subtitle applies only to a special election that is not held concurrently with a regularly scheduled primary or general election. Voting by mail may be utilized in a special election in accordance with this subtitle. A special election to fill a vacancy in the Office of Representative in Congress shall be conducted by mail if the Governor’s proclamation issued under § 8–710 of this article directs that the election be conducted by mail. In this subsection, “local special election” means a special election to: 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. A local special election shall be conducted by mail if the resolution of the county council or board of county commissioners establishing the date of the special election directs that the election be conducted by mail. Except as otherwise provided in this subtitle: provisions of this article relating to absentee voting apply to voting by mail; and all pertinent State or local laws relating to the conduct of a special election apply to a special election conducted under this subtitle. Provisions of this article relating to the conduct of elections apply to a special election conducted under this subtitle, unless a law specifically relevant to a special election applies.

Except as provided in paragraph (2) of this subsection, a local board shall mail by nonforwardable mail a vote–by–mail ballot to each registered voter who is eligible to vote in a special election. A local board is not required to mail a vote–by–mail ballot to a voter if the voter has requested that the ballot be sent by other means. A local board is not required to mail specimen ballots to the registered voters of the county under § 8–102 of this article. A voter is not required to submit an application to receive a vote–by–mail ballot. In Montgomery County: each vote–by–mail ballot shall be accompanied by a postage–paid envelope in which a voter may return the voted ballot to the local board; and the local board shall pay the cost of postage–paid envelopes provided under this subsection. A local board shall send a vote–by–mail ballot to each eligible voter at least 30 days before the day of a special election. Except as provided in paragraph (2) of this subsection, a vote–by–mail ballot shall be mailed to the address that is on file in the statewide voter registration list for each eligible voter. A registered voter may request to receive a vote–by–mail ballot at an address other than the address that is on file in the statewide voter registration list by: 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. A local board shall issue a replacement vote–by–mail ballot to a voter if the election director of the local board has reasonable grounds to believe that the vote–by–mail ballot previously issued to the voter has been lost, destroyed, spoiled, or not received.

Each local board shall establish at least one voting center for the use of any eligible voter who chooses to cast a ballot in person in a special election in accordance with this section. A voting center shall be located at a local board office or another location within the constituency where the special election is being held. In Montgomery County: 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. A voting center established under this section shall: provide access to a voting system that is accessible to voters with disabilities in accordance with the federal Americans with Disabilities Act and the federal Help America Vote Act; provide for provisional voting in accordance with Subtitle 4 of this title; satisfy the requirements of § 10–101 of this article; and 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: 10 a.m. and 8 p.m. Monday through Saturday; and 12 noon to 6 p.m. on Sunday; and 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. If necessary to expedite the conduct of a special election and subject to the approval of the State Board, a local board may establish a voting center under this section during a period when a change in polling places is prohibited under § 2–303 of this article. The process for applying in person for an absentee ballot at the office of a local board under § 9–305 of this title does not apply to a special election conducted by mail. Except as otherwise provided in this section, any provision of this article that applies to voting at a polling place on election day also applies to voting at a voting center established under this section.

A voter may return a vote–by–mail ballot to a local board: by mail; in person during regular office hours; through a ballot drop box; or through a duly authorized agent in accordance with subsection (b) of this section. A voter may designate a duly authorized agent in accordance with § 9–307 of this title to return a vote–by–mail ballot to a local board during regular office hours. Notwithstanding § 9–307(b)(4)(i) of this title, an agent is required only to: witness the voter mark the ballot and place it in an envelope; and return the ballot to a local board.

A vote–by–mail ballot is considered timely and may be counted if the ballot: is returned in person to the office of a local board by the voter or the voter’s duly authorized agent no later than 8 p.m. on the day of a special election; or 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: 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. A vote–by–mail ballot that does not meet the requirements of subsection (a) of this section is not timely and may not be counted.

Except as provided in subsection (b) of this section, a local board may commence the canvass of vote–by–mail ballots at 2 p.m. on the day of a special election. The State Board may adopt regulations authorizing a local board to commence the canvass of vote–by–mail ballots before the time specified in subsection (a) of this section. The State Board shall adopt regulations that provide for: public observation of the canvass of vote–by–mail ballots in accordance with § 11–301(a–1) of this article; and procedures for maintaining the secrecy of the election results until after 12 a.m. on the day after a special election.

The State Board may adopt regulations as necessary to implement this subtitle.