Election Law - Unaffiliated Voters - Open Primary Elections

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0496*

HOUSE BILL 496
G1 6lr1734

By: Delegates Qi and Schmidt
Introduced and read first time: January 27, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Election Law – Unaffiliated Voters – Open Primary Elections 2

FOR the purpose of authorizing a voter unaffiliated with a political party to vote the ballot 3
for unaffiliated voters or the ballot of the political party of the voter’s choice in a 4
primary election; prohibiting a voter unaffiliated with a political party who votes the 5
ballot of a political party in a primary election from automatically becoming affiliated 6
with the political party whose ballot the voter voted; and generally relating to voting 7
by unaffiliated voters in primary elections. 8

BY repealing and reenacting, with amendments, 9
Article – Election Law 10
Section 3–202(a)(4), 3–203(c), 8–202, and 9–305(a) 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2025 Supplement) 13

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15

Article – Election Law 16

3–202. 17

(a) (4) In the section of the statewide voter registration application that asks 18
the voter whether the voter wants to affiliate with a political party, the application shall 19
list the recognized political parties in the State and include the following statement: “You 20
must register with a political party if you want to take part in that political party’s [primary 21
election,] caucus[,] or convention. Check one box only.”. 22

3–203. 23

2 HOUSE BILL 496

(c) An automatic voter registration system: 1

(1) may not require any information that duplicates the information 2
required to complete an applicable transaction; 3

(2) shall require only the minimum amount of information necessary for 4
both an applicable transaction and a voter registration to: 5

(i) prevent duplicate voter registration; and 6

(ii) enable election officials to review the eligibility of an applicant 7
and to administer voter registration and other aspects of the election process; and 8

(3) shall inform an applicant that if the applicant does not select a political 9
party affiliation, the individual will be designated as not affiliated with a political party 10
[and will be unable to vote in a party primary election]. 11

8–202. 12

(a) A principal political party, as determined by the statement of registration 13
issued by the State Board: 14

(1) shall use the primary election to: 15

(i) nominate its candidates for public office; and 16

(ii) elect all members of the local central committees of the political 17
party; and 18

(2) may use the primary election in the year of a presidential election to 19
elect delegates to a national presidential nominating convention. 20

(b) Except for a nominee for President or Vice President, the name of a nominee 21
of a principal political party may not appear on the ballot in a general election if the 22
individual has not: 23

(1) been nominated in the primary election; or 24

(2) been designated to fill a vacancy in nomination in accordance with Title 25
5 of this article. 26

(c) If a political party chooses to permit voters [not] affiliated with [the] A 27
DIFFERENT POLITICAL party to vote in the POLITICAL party’s primary election, the 28
chairman of the POLITICAL party’s State central committee shall so notify the State Board 29
at least 6 months before the date of the primary election. 30

HOUSE BILL 496 3

(D) (1) IN A PRIMARY ELECTION, A VOTER WHO IS NOT AFFILIATED WITH 1
A POLITICAL PARTY MAY VOTE: 2

(I) THE BALLOT FOR UNAFF ILIATED VOTERS , IF THERE IS A 3
BALLOT FOR UNAFFILIATED VOTERS IN THE COUNTY FOR THE PRIMARY ELECTION; 4
OR 5

(II) THE BALLOT OF THE PO LITICAL PARTY OF THE VOTER’S 6
CHOICE. 7

(2) A VOTER WHO IS NOT AFFILIATED WITH A POLITICAL PARTY WHO 8
VOTES THE BALLOT OF A POLITICAL PARTY IN A PRIMARY ELECTION UND ER 9
PARAGRAPH (1) OF THIS SUBSECTION M AY NOT AUTOMATICALLY BECOME 10
AFFILIATED WITH THE POLITICAL PARTY WHOSE BALLOT THE VOTER VOTED. 11

(3) AN UNAFFILIATED VOTER MAY NOT VOTE MORE TH AN ONE 12
BALLOT IN A PRIMARY ELECTION. 13

9–305. 14

(a) A voter may request an absentee ballot by completing and submitting: 15

(1) the State Board approved absentee ballot application; 16

(2) a form provided under federal law; 17

(3) subject to subsection (b) of this section, a written request that includes: 18

(i) the voter’s name, residence address, and signature; [and] 19

(II) IF THE VOTER IS REQU ESTING A BALLOT FOR A PRIMARY 20
ELECTION AND THE VOT ER IS UNAFFILIATED W ITH A POLITICAL PART Y, THE 21
VOTER’S CHOICE OF THE BALL OT FOR UNAFFILIATED VOT ERS OR THE BALLOT OF 22
THE POLITICAL PARTY THE VOTER WISHES TO VOTE; AND 23

[(ii)] (III) the address to which the ballot is to be mailed, if different 24
from the residence address; or 25

(4) the accessible online absentee ballot application provided by the State 26
Board. 27

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29