Election Law - Primary Elections - Change of Political Party Affiliation

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0221*

HOUSE BILL 221
G1 CONSTITUTIONAL AMENDMENT 6lr0741
(PRE–FILED)
By: Delegates Bouchat and Hornberger
Requested: August 27, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Election Law – Primary Elections – Change of Political Party Affiliation 2

FOR the purpose of authorizing a voter to change the voter’s political party affiliation at an 3
early voting center or a precinct polling place during a primary election and vote the 4
ballot for the voter’s new political party affiliation ; and generally relating to 5
changing political party affiliation and voting in a primary election. 6

BY proposing an addition to the Maryland Constitution 7
Article I – Elective Franchise 8
Section 2B 9

BY repealing and reenacting, with amendments, 10
Article – Election Law 11
Section 3–303 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 16
proposed that the Maryland Constitution read as follows: 17

Article I – Elective Franchise 18

2B. 19

DURING A PRIMARY ELECTION, A VOTER MAY APPEAR IN PERSON AT AN EARLY 20
VOTING CENTER OR A PRECINCT POLLING PLA CE AND CHANGE THE VO TER’S 21
POLITICAL PARTY AFFI LIATION AND VOTE THE BALLOT FOR THE VOTER ’S NEW 22
POLITICAL PARTY AFFILIATION. 23
2 HOUSE BILL 221

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2

Article – Election Law 3

3–303. 4

(a) Notification of a change of party affiliation or a change to or from a decline 5
may be made: 6

(1) by information provided on a voter registration application by the same 7
methods provided for registration under Subtitle 2 of this title; 8

(2) by written notice, signed by the voter and sent by mail or otherwise 9
delivered to the local board in the county where the voter’s current voter registration 10
address is located or to which the voter has moved; 11

(3) by making application in person at the office of the local board in the 12
county where the voter’s current voter registration address is located or to which the voter 13
has moved; 14

(4) by information on a voter authority card or other appropriate form filled 15
out in a polling place; or 16

(5) by changing a name or address with the Motor Vehicle Administration. 17

(b) Party affiliation changes or changes to or from a decline: 18

(1) shall be processed at any time that registration is open; and 19

(2) except as provided in subsection (c) of this section, may not be processed 20
when registration is closed. 21

(c) (1) If a local board receives a request for a party affiliation change after the 22
close of registration, the local board shall make the change and it shall become effective for 23
the next election provided: 24

[(1)] (I) there is sufficient evidence, as determined by the local boards 25
pursuant to regulations adopted by the State Board, that the requ est was mailed on or 26
before the close of registration for that election; or 27

[(2)] (II) the request was submitted by the voter to the Motor Vehicle 28
Administration, a voter registration agency, another local board, or the State Board on or 29
before the close of registration for that election. 30

HOUSE BILL 221 3

(2) DURING A PRIMARY ELECTION, A VOTER MAY APPEAR IN PERSON 1
AT AN EARLY VOTING C ENTER OR A PRECINCT POLLING PLA CE AND CHANGE THE 2
VOTER’S POLITICAL PARTY AFFILIATION AND VOTE THE BALLOT FOR THE VO TER’S 3
NEW POLITICAL PARTY AFFILIATION. 4

SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 5
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 6
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 7
Constitution concerning local approval of constitutional amendments do not apply. 8

SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the 9
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 10
voters of the State at the next general election to be held in November 2026 for adoption or 11
rejection in accordance with Article XIV of the Maryland Constitution. At that general 12
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 13
each ballot there shall be printed the words “For the Constitutional Amendment ” and 14
“Against the Constitutional Amendment ”, as now provided by law. Immediately after the 15
election, all returns shall be made to the Governor of the vote for and against the proposed 16
amendment, as directed by Article XIV of the Maryland Constitution, and further 17
proceedings held in accordance with Article XIV. 18

SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 19
contingent on the passage of Section 1 of this Act , a constitutional amendment, and its 20
ratification by the voters of the State. 21

SECTION 6. AND BE IT FURTHER ENACTED, That, subject to Section 5 of this 22
Act, Section 2 of this Act shall take effect on the proclamation of the Governor that the 23
constitutional amendment, having received a majority of the votes cast at the general 24
election, has been adopted by the people of Maryland. 25