Election Law - Affiliating With a Party and Voting - Unaffiliated Voters

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0156*

HOUSE BILL 156
G1 EMERGENCY BILL 6lr1097
HB 257/24 – W&M (PRE–FILED) CF SB 132
By: Delegates Fair, Pasteur, Ruth, and Wu Wu, Schmidt, Solomon, Lehman,
Stewart, and Terrasa
Requested: October 3, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 26, 2026

CHAPTER ______

AN ACT concerning 1

Election Law – Affiliating With a Party and Voting – Unaffiliated Voters 2

FOR the purpose of authorizing unaffiliated voters to request to affiliate with a political 3
party at an early voting center during before a primary election or at a precinct 4
polling place on a primary election day and vote a provisional ballot for the voter’s 5
preferred political party; and generally relating to affiliating with a political party 6
and voting in a primary election. 7

BY repealing and reenacting, with amendments, 8
Article – Election Law 9
Section 3–303, 3–305(a) and (e), 3–306(a) and (e), 9–404(b), and 11–303(d)(4) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2025 Supplement) 12

BY adding to 13
Article – Election Law 14
Section 3–305(e) and 3–306(e) 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2025 Supplement) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

2 HOUSE BILL 156

Article – Election Law 1

3–303. 2

(a) Notification of a change of party affiliation or a change to or from a decline 3
may be made: 4

(1) by information provided on a voter registration application by the same 5
methods provided for registration under Subtitle 2 of this title; 6

(2) by written n otice, signed by the voter and sent by mail or otherwise 7
delivered to the local board in the county where the voter’s current voter registration 8
address is located or to which the voter has moved; 9

(3) by making application in person at the office of the local board in the 10
county where the voter’s current voter registration address is located or to which the voter 11
has moved; 12

(4) by information on a voter authority card or other appropriate form filled 13
out in a polling place; or 14

(5) by changing a name or address with the Motor Vehicle Administration. 15

(b) Party affiliation changes or changes to or from a decline: 16

(1) shall be processed at any time that registration is open; and 17

(2) except as provided in subsection (c) of this section, may not be processed 18
when registration is closed. 19

(c) (1) If a local board receives a request for a party affiliation change after the 20
close of registration, the local board shall make the change and it shall become effective for 21
the next election provided: 22

[(1)] (I) there is sufficient evidence, as determined by the local boards 23
pursuant to regulations adopted by the State Board, that the request was mailed on or 24
before the close of registration for that election; or 25

[(2)] (II) the request was submitted by the voter to the Motor Vehicle 26
Administration, a voter registration agency, another local board, or the State Board on or 27
before the close of registration for that election. 28

(2) DURING A PRIMARY ELECTION, A VOTER WHO HAS DECL INED TO 29
AFFILIATE WITH A POLITICAL PARTY MAY REQUEST TO AFFILIATE WITH A POLITICAL 30
PARTY AT AN EARLY VO TING CENTER OR AT A PRECINCT POL LING PLACE ON 31
ELECTION DAY. 32
HOUSE BILL 156 3

3–305. 1

(a) (1) During early voting, an individual may appear in person at an early 2
voting center in the individual’s county of residence and apply to register to vote or change 3
the voter’s address on an existing voter registration. 4

(2) DURING EARLY VOTING B EFORE A PRIMARY ELEC TION, AN 5
INDIVIDUAL WHO HAS D ECLINED TO AFFILIATE WITH A POLITICAL PAR TY MAY 6
APPEAR IN PERSON AT AN EARLY VOTING CENTER IN THE INDIVIDUAL’S COUNTY OF 7
RESIDENCE AND APPLY TO CHANGE THE VOTER ’S EXISTING VOTER REG ISTRATION 8
TO AFFILIATE WITH A POLITICAL PARTY. 9

(E) (1) WHEN A VOTER WHO HAS DECLINED TO AFFILIAT E WITH A 10
POLITICAL PARTY APPL IES TO CHANG E THE VOTER ’S EXISTING VOTER 11
REGISTRATION TO AFFI LIATE WITH A POLITIC AL PARTY DURING EARL Y VOTING 12
BEFORE A PRIMARY ELECTION, THE ELECTION JUDGE SHALL DETERMINE WHETHER 13
THE VOTER RESIDES IN THE COUNTY IN WHICH THE VOTER SEEKS TO VOTE. 14

(2) IF THE VOTER IS A RESIDENT OF THE CO UNTY, THE ELECTION 15
JUDGE SHALL: 16

(I) ISSUE THE VOTER A VOTER AUTHORITY CARD; 17

(II) HAVE THE VOTER SIGN THE VOTER AUTHORITY CARD; AND 18

(III) ISSUE THE VOTER A PR OVISIONAL BALLOT FOR THE 19
APPROPRIATE POLITICAL PARTY. 20

[(e)] (F) The State Board shall adopt regulations and procedures in accordance 21
with the requirements of this section for the administration of voter registration during 22
early voting. 23

3–306. 24

(a) (1) On election day, an individual may appear at a precinct polling place in 25
the individual’s county of residence and apply to register to vote. 26

(2) ON A PRIMARY ELECTION DAY, AN INDIVIDUAL WHO HA S 27
DECLINED TO AFFILIAT E WITH A POLITICAL P ARTY MAY APPEAR IN P ERSON AT A 28
PRECINCT POLLING PLACE IN THE INDIVIDUAL’S COUNTY OF RESIDENCE AND APPLY 29
TO CHANGE THE VOTER ’S EXISTING VOTER REG ISTRATION TO AFFILIA TE WITH A 30
POLITICAL PARTY. 31

4 HOUSE BILL 156

(E) (1) WHEN A VOTER WHO HAS DECLINED TO AFFILIAT E WITH A 1
POLITICAL PARTY APPL IES TO CHANGE THE VO TER’S EXISTING VOTER 2
REGISTRATION TO AFFI LIATE WITH A POLITICAL PART Y AT A PRECINCT POLL ING 3
PLACE ON A PRIMARY E LECTION DAY , THE ELECTION JUDGE S HALL DETERMINE 4
WHETHER THE VOTER RE SIDES IN THE COUNTY IN WHICH THE VOTER S EEKS TO 5
VOTE. 6

(2) IF THE VOTER IS A RES IDENT OF THE COUNTY , THE ELECTION 7
JUDGE SHALL: 8

(I) ISSUE THE VOTER A VOTER AUTHORITY CARD; 9

(II) HAVE THE VOTER SIGN THE VOTER AUTHORITY CARD; AND 10

(III) ISSUE THE VOTER A PR OVISIONAL BALLOT FOR THE 11
APPROPRIATE POLITICAL PARTY. 12

[(e)] (F) The State Board shall adopt regulations and proc edures in accordance 13
with the requirements of this section for the administration of voter registration on election 14
day. 15

9–404. 16

(b) An individual is eligible to cast a provisional ballot if: 17

(1) the individual declares in a written affirmation submitted with the 18
provisional ballot that the individual is a registered voter in the State and is eligible to vote 19
in that election; and 20

(2) (i) the individual’s name does not appear on the election register; 21

(ii) an election official asserts that the individual is not eligible to 22
vote; [or] 23

(iii) the individual does not have the necessary identification; OR 24

(IV) THE INDIVIDUAL HAS D ECLINED TO AFFILIATE WITH A 25
POLITICAL PARTY AND APPLIES TO CHANGE TH E VOTER ’S EXISTING VOTER 26
REGISTRATION TO AFFI LIATE WITH A POLITIC AL PARTY DURING AT AN EARLY 27
VOTING CENTER BEFORE A PRIMARY ELECTION OR AT A PRECINCT POLLING PLACE 28
ON A PRIMARY ELECTION DAY. 29

11–303. 30

HOUSE BILL 156 5

(d) (4) For the purposes of this section, an individual is qualified to vote the 1
provisional ballot cast if the local board determines that: 2

(i) the individual is registered in the State; 3

(ii) if the provisional ballot was cast because the voter failed to 4
provide required identification, the individual who cast the provisional ballot has met the 5
identification requirements established by the State Board; 6

(iii) if the provisional ballot was cast during a period covered by a 7
court order or other order extending the time for closing the polls, the order has not been 8
invalidated by a subsequent court order; [and] 9

(iv) if the provisional ballot was cast because the voter claimed a 10
different political party affiliation from the political party affiliation on record for the voter, 11
the voter made a selection in a nonpartisan board of education contest on the ballot; AND 12

(V) IF THE PROVISIONAL B ALLOT WAS CAST DURING AT AN 13
EARLY VOTING CENTER BEFORE A PRIMARY ELECTION OR AT A PRECINCT POLLING 14
PLACE ON A PRIMARY ELECTION DAY BY AN INDIVIDUAL WHO WAS NOT AFFILIATED 15
WITH A POLITICAL PAR TY, THE INDIVIDUAL APPLI ED TO AFFILIATE WITH A 16
POLITICAL PARTY. 17

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 18
measure, is necessary for the immediate preservation of the public health or safety, has 19
been passed by a yea and nay vote supported by three –fifths of all the members elected to 20
each of the two Houses of the General Assembly, and shall take effect from th e date it is 21
enacted: 22

(1) shall apply to all elections beginning with the statewide primary 23
election held in 2028; and 24

(2) may not apply to any special elections held before the statewide primary 25
election held in 2028. 26

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
January 1, 2027. 28