Election Law - Curbside Voting - Pilot Program

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0641*

HOUSE BILL 641
G1 6lr1540
HB 317/25 – W&M
By: Delegates Williams, Coley, Foley, Hill, Lehman, Martinez, Moon,
Palakovich Carr, Solomon, Spiegel, Stinnett, Taveras, Wells, and Wilkins
Introduced and read first time: January 30, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Election Law – Curbside Voting – Pilot Program 2

FOR the purpose of establishing the Curbside Voting Pilot Program to test the viability of 3
curbside voting in the State; establishing requirements governing curbside voting, 4
including requirements related to the designation of curbside voting locations and 5
how to vote at a curbside voting lo cation; and generally relating to the Curbside 6
Voting Pilot Program. 7

BY adding to 8
Article – Election Law 9
Section 1–101(p–1) and 10–316 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – Election Law 14
Section 9–102(d)(1) 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

Article – Election Law 20

1–101. 21

(P–1) “CURBSIDE VOTING ” MEANS THE PROCESS BY WHICH A VOTER 22
COMPLETES AND CASTS A BALLOT AT AN OUTSIDE LOCATION DESIGNATED UNDER § 23
2 HOUSE BILL 641

10–316 OF THIS ARTICLE AND UNDER OBSERVATION OF ELECTION JUDGES. 1

9–102. 2

(d) The State Board may not certify a voting system unless the State Board 3
determines that: 4

(1) the voting system will: 5

(i) protect the secrecy of the ballot; 6

(ii) protect the security of the voting process; 7

(iii) count and record all votes accurately; 8

(iv) accommodate any ballot used under this article; 9

(v) protect all other rights of voters and candidates; 10

(vi) be capable of creating a paper record of all votes cast in order 11
that an audit trail is available in the event of a recount, including a manual recount; [and] 12

(vii) provide a voter–verifiable paper record that: 13

1. is an individual document that is physically separated 14
from any other similar document and not part of a continuous roll; 15

2. is sufficiently durable to withstand repeat ed handling for 16
the purposes of mandatory random audits and recounts; and 17

3. uses ink that does not fade, smear, or otherwise degrade 18
and obscure or obliterate the paper record over time; AND 19

(VIII) FOR A VOTING SYSTEM USED IN THE CURBSIDE VOTING 20
PILOT PROGRAM UNDER § 10–316 OF THIS ARTICLE , ACCOMMODATE CURBSIDE 21
VOTING; 22

10–316. 23

(A) IN THIS SECTION , “PILOT PROGRAM” MEANS THE CURBSIDE VOTING 24
PILOT PROGRAM ESTABLISHED UNDER SUBSECTION (B) OF THIS SECTION. 25

(B) THERE IS A CURBSIDE VOTING PILOT PROGRAM TO TEST THE 26
VIABILITY OF CURBSIDE VOTING IN THE STATE. 27

HOUSE BILL 641 3

(C) THE STATE BOARD, IN CONJUNCTION WITH THE LOCAL BOARDS, SHALL 1
IMPLEMENT AND ADMINISTER THE PILOT PROGRAM. 2

(D) (1) THE STATE BOARD SHALL DESIGNATE THE FOLLOWING 3
COUNTIES IN WHICH TO IMPLEMENT THE PILOT PROGRAM: 4

(I) ONE COUNTY WITH A CO MPARATIVELY SMALL NU MBER OF 5
REGISTERED VOTERS; 6

(II) ONE COUNTY WITH A COMPARATIVELY MEDIUM NUMBER OF 7
REGISTERED VOTERS; AND 8

(III) ONE COUNTY WITH A CO MPARATIVELY LARGE NUMBER OF 9
REGISTERED VOTERS. 10

(2) AT LEAST 6 MONTHS BEFORE EACH S TATEWIDE PRIMARY 11
ELECTION, THE LOCAL BOARD OF E ACH COUNTY DESIGNATED UNDER PARAGRAPH 12
(1) OF THIS SUBSECTION S HALL DESIGNATE A LOC ATION FOR CURBSIDE V OTING 13
OUTSIDE: 14

(I) DURING EARLY VOTING , ONE EARLY VOTING CEN TER OR 15
OTHER APPROPRIATE BUILDING AS DETERMINED BY THE LOCAL BOARD; AND 16

(II) ON ELECTION DAY: 17

1. THE OFFICE OF THE LOCAL BOARD; 18

2. IF USING THE OFFICE OF THE LOCAL BOARD I S NOT 19
PRACTICABLE, ONE POLLING PLACE; OR 20

3. IF USING THE OFFICE OF THE LOC AL BOARD OR A 21
POLLING PLACE IS NOT PRACTICABLE, AN APPROPRIATE BUILDING AS DETERMINED 22
BY THE LOCAL BOARD. 23

(3) A LOCAL BOARD SHALL TA KE INTO ACCOUNT THE FOLLOWING 24
FACTORS WHEN DETERMINING A LOCATION FOR CURBSIDE VOTING: 25

(I) ACCESSIBILITY OF THE LOCATION TO HISTORICALLY 26
DISENFRANCHISED COMMUNITIES; 27

(II) PROXIMITY OF THE LOCATION TO DENSE CONCENTRATIONS 28
OF VOTERS; 29

4 HOUSE BILL 641

(III) ACCESSIBILITY OF THE LOCATION BY PUBLIC 1
TRANSPORTATION; AND 2

(IV) MAXIMIZING VOTER PARTICIPATION, INCLUDING THROUGH 3
THE USE OF COMMUNITY CENTERS AND PUBLIC GATHERING PLACES AS LOCATIONS 4
FOR CURBSIDE VOTING. 5

(4) CURBSIDE VOTING SHALL BE MADE AVAILABLE AT EACH 6
LOCATION ESTABLISHED UNDER PARAGRAPH (2) OF THIS SUBSECTION T O ANY 7
REGISTERED VOTER ON REQUEST ON THE DA YS AND DURING THE HOURS THAT 8
EARLY VOTING CENTERS AND POLLING PLACES ARE OPEN. 9

(5) THE CURBSIDE VOTING LOCATION SHALL BE EQUIPPED TO: 10

(I) ALLOW THE VOTER TO C OMPLETE THE BALLOT W ITHOUT 11
ASSISTANCE, UNLESS ASSISTANCE IS REQUESTED BY THE VOTER; AND 12

(II) PRESERVE THE SECRECY OF THE V OTER’S BALLOT WHILE 13
VOTING. 14

(6) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH AND 15
IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE STATE BOARD, THE LOCAL 16
BOARD SHALL ESTABLISH: 17

1. A LINE AROUND EACH C URBSIDE VOTING LOCAT ION 18
BEYOND WHICH CANVASSI NG, ELECTIONEERING, OR POSTING OF CAMPAI GN 19
MATERIAL IS PROHIBITED; AND 20

2. A BOUNDARY AROUND A CAR THAT IS WAITING IN LINE 21
FOR CURBSIDE VOTING WITHIN WHICH CANVASS ING AND ELECTIONEERI NG IS 22
PROHIBITED. 23

(II) IF A CURBSIDE VOTING LOCATION IS ESTABLISH ED 24
OUTSIDE AN EARLY VOTING CENTER OR POLLING PLACE, THE LOCAL BOARD SHALL, 25
TO THE MAXIMUM EXTENT PRACTICABLE: 26

1. ESTABLISH THE CURBSIDE VOTING LOCATION WITHIN 27
THE LINE ESTABLISHED UNDER § 16–206(B) OF THIS ARTICLE; AND 28

2. AVOID EXPANDING THE AREA WITHIN THE LINE 29
ESTABLISHED UNDER § 16–206(B) OF THIS ARTICLE TO A CCOMMODATE THE 30
CURBSIDE VOTING LOCATION. 31

(E) AT EACH CURBSIDE VOTING LOCATION, THE LOCAL BOARD SHALL: 32
HOUSE BILL 641 5

(1) POST SIGNS INFORMING VOTERS OF: 1

(I) THE LOCATION OF CURBSIDE VOTING; AND 2

(II) HOW TO NOTIFY AN ELE CTION JUDGE THAT THE VOTER IS 3
WAITING AT THE CURBSIDE VOTING LOCATION; AND 4

(2) ENSURE THAT VOTERS R ECEIVE PROMPT SERVIC E FROM THE 5
ELECTION JUDGES. 6

(F) (1) A VOTER SEEKING TO USE CURBSIDE VOTING SHALL: 7

(I) REQUEST CURBSIDE VOTING FROM AN ELECTION JUDGE AT 8
THE CURBSIDE VOTING LOCATION; AND 9

(II) PROVIDE AN ELECTION JUDGE WITH THE INFOR MATION 10
REQUIRED TO CHECK IN THE VOTER THROUGH TH E POLLBOOK AT THE CU RBSIDE 11
VOTING LOCATION. 12

(2) AN ELECTION JUDG E SHALL GIVE A VOTER USING CURBSIDE 13
VOTING THE CHOICE TO VOTE BY MARKING A PAPER BALLOT OR BY USING A BALLOT 14
MARKING DEVICE AT THE CURBSIDE VOTING LOCATION. 15

(3) IF THE VOTER CHOOSES TO VOTE USING A PAPER BALLOT, AFTER 16
MARKING THE BALLOT, THE VOTER SHALL DEPOSIT THE BALLOT IN THE CONTAINER 17
PROVIDED BY THE ELECTION JUDGE TO BE COUNTED. 18

(4) IF THE VOTER CHOOSES TO VOTE USING A BALL OT MARKING 19
DEVICE, AN ELECTION JUDGE SH ALL BRING A BALLOT M ARKING DEVICE OUTSIDE 20
TO THE VOTER. 21

(G) ON OR BEFORE SEPTEMBER 1, 2031, THE STATE BOARD SHALL REPORT 22
TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE 23
GOVERNMENT ARTICLE, ON THE IMPLEMENTATIO N OF THE CURBSIDE VOTING 24
PILOT PROGRAM. 25

(H) THE STATE BOARD SHALL ADOPT REG ULATIONS TO CARRY OU T THIS 26
SECTION. 27

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
January 1, 2027. It shall remain effective for a period of 5 years and 9 months and, at the 29
end of September 30, 2032, this Act, with no further action required by the General 30
Assembly, shall be abrogated and of no further force and effect. 31