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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb1069*
HOUSE BILL 1069
G1 EMERGENCY BILL 6lr3289
CF SB 949
By: Delegate Fair Delegates Fair, Lehman, Ruth, Terrasa, Solomon, and Wells
Introduced and read first time: February 10, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 24, 2026
CHAPTER ______
AN ACT concerning 1
Election Law – Canvassing of Absentee Ballots – Preemption by Federal 2
Judicial Action State and Federal Requirements 3
FOR the purpose of requiring the State Administrator of Elections to establish a uniform 4
tabulation policy for absentee ballots with federal contests in certain elections if 5
there is an occurrence of federal judicial action regarding the timely receipt of certain 6
absentee ballots that preempts a certain State law and regulation; requiring the 7
State Administrator to provide certain additional notice to voters regarding absentee 8
ballots under certain circumstances using certain methods; the State Board of 9
Elections and each local board of elections to refer to absentee ballots that are 10
delivered to a voter by the Internet using a certain term in communications with 11
voters and the general public; providing that absentee ballots are considered timely 12
and may be counted under certain circumstances; prohibiting absentee ballots that 13
are not timely from being counted; establishing requirements regarding absentee 14
ballots that apply if federal law or a federal court establish requirements for the 15
timeliness of absentee ballots that differ from State requirements; and generally 16
relating to the canvassing of absentee ballots. 17
BY repealing and reenacting, with amendments, 18
Article – Election Law 19
Section 9–301(c) and 9–304 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22
BY adding to 23
2 HOUSE BILL 1069
Article – Election Law 1
Section 9–310.1 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2025 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
(a) This section applies only to the primary election and general elections in 2026 7
and 2028. 8
(b) (1) If there is an occurrence of federal judicial action regarding the timely 9
receipt of absentee ballots with federal contests that preempts regulations adopted by the 10
State Board of Elections in COMAR 33.11.03.08, in accordance with § 11 –302 of the 11
Election Law Article, that prescribe timely receipt of absentee ballots in the State, the State 12
Administrator of Elections shall establish a uniform tabulation policy for absentee ballots 13
with federal contests to implement and comply with the federal action. 14
(2) A uniform tabulation policy established under paragraph (1) of this 15
subsection shall ensure that the votes for all other contests except federal contests on an 16
absentee ballot that was mailed on or before election day as verified by the postmark and 17
is received by a local board of elections office in accordance with the regulations adopted by 18
the State Board under COMAR 33.11.03.08, shall be canvassed in accordance with State 19
law and regulations. 20
(c) (1) If there is an occurrence of federal judicial acti on that requires the 21
implementation of subsection (b) of this section, the State Administrator shall provide 22
additional notice to voters in the State of the requirements: 23
(i) under federal law for the timely receipt of absentee ballots with 24
federal contests; and 25
(ii) under State law for the timely receipt of absentee ballots with 26
State and local contests. 27
(2) The notice required under paragraph (1) of this subsection shall, at a 28
minimum, encourage an early return of absentee ballots by urging voters to: 29
(i) mail the ballot at least 1 week before election day; or 30
(ii) place the ballot in an official ballot drop box on or before election 31
day. 32
(3) The State Administrator shall use multiple methods to provide the 33
notice required under this subsection, including written notice with instructions for sample 34
ballots and ballots, a social media campaign, and mass media communications. 35
HOUSE BILL 1069 3
Article – Election Law 1
9–301. 2
(c) The State Board and each local board shall: 3
(1) notwithstanding the use of the term “absentee” in this article, refer to 4
absentee ballots as “mail –in ballots” and absentee voting as “mail –in voting” in all 5
communications with voters and the general public; [and] 6
(2) REFER TO ABSENTEE BALLOTS THAT ARE DELIVERED TO A VOTER 7
BY THE INTERNET AS “PRINT–AT–HOME BALLOTS” IN ALL COMMUNICATIONS WITH 8
VOTERS AND THE GENERAL PUBLIC; AND 9
[(2)] (3) include in public communications regarding “mail –in voting” a 10
statement that “mail –in voting” is referred to as abse ntee voting in the Maryland 11
Constitution, the Annotated Code of Maryland, and the Code of Maryland Regulations. 12
9–304. 13
[An] SUBJECT TO § 9–310.1(C) OF THIS SUBTITLE , AN individual may vote by 14
absentee ballot except to the extent preempted under an applicable federal law. 15
9–310.1. 16
(A) AN ABSENTEE BALLOT IS CONSIDERED TIMELY AND MAY BE COUNTED 17
IF THE BALLOT: 18
(1) IS RECEIVED AT AN EA RLY VOTING CENTER BE FORE THE POLLS 19
CLOSE AT THE EARLY VOTING CENTER ON THE LAST DAY OF EARLY VOTING; 20
(2) IS RECEIVED AT A LOCAL BOARD OFF ICE BEFORE THE POLLS 21
CLOSE ON ELECTION DAY; 22
(3) IS RECEIVED AT A POLLING PLACE BEFORE THE POLLS CLOSE ON 23
ELECTION DAY; 24
(4) IS DEPOSITED IN A BALLOT DROP BOX BEFORE THE POLLS CLOSE 25
ON ELECTION DAY; OR 26
(5) IS RECEIVED BY MAIL AT A LOCAL BOARD OFFICE NOT LATER 27
THAN 10 A.M. ON THE SECOND FRIDAY AFTER AN ELECTION AND WAS MAILED ON OR 28
BEFORE ELECTION DAY, AS VERIFIED: 29
(I) BY A POSTMARK; OR 30
4 HOUSE BILL 1069
(II) IF THE RETURN ENVELO PE DOES NOT CONTAIN A 1
POSTMARK OR THE POSTMARK IS ILLEGIBLE, BY THE VOTER’S AFFIDAVIT THAT THE 2
BALLOT WAS MAILED ON OR BEFORE ELECTION DAY. 3
(B) AN ABSENTEE BALLOT TH AT DOES NOT MEET THE REQUIREMENTS 4
UNDER SUBSECTION (A) OF THIS SECTION IS N OT TIMELY AND MAY NO T BE 5
COUNTED. 6
(C) (1) THIS SUBSECTION APPLIES ONLY IF FEDERAL LAW OR A FEDERAL 7
COURT ESTABLISHES REQUIREMENTS FOR THE TIMELINESS OF ABSENTEE BALLOTS 8
WITH FEDERAL CONTEST S THAT DIFFER FROM T HE REQUIREMENTS UNDE R 9
SUBSECTION (A) OF THIS SECTION. 10
(2) VOTES IN NONFEDERAL C ONTESTS ON A BALLOT THAT IS 11
CONSIDERED TIMELY UNDER SUBSECTION (A) OF THIS SECTION SHALL BE COUNTED 12
UNLESS A LAW OR REGULATION REQUIRES THAT A VOTE IN A CONTEST BE REJECTED 13
FOR A REASON UNRELATED TO THE TIMELINESS OF THE BALLOT. 14
(3) THE STATE BOARD SHALL ADOPT REG ULATIONS FOR THE 15
CONDUCT OF THE ABSENTEE BALLOT CANVASS THAT COMPLY WITH THE FEDERAL 16
REQUIREMENTS AND PARAGRAPH (2) OF THIS SUBSECTION. 17
(4) (I) THE STATE BOARD SHALL PROVIDE NOTICE TO VOTERS OF 18
THE REQUIREMENTS: 19
1. UNDER FEDERAL LAW FO R THE TIMELY RECEIPT OF 20
ABSENTEE BALLOTS WITH FEDERAL CONTESTS; AND 21
2. UNDER STATE LAW FOR THE TIM ELY RECEIPT OF 22
ABSENTEE BALLOTS WITH NONFEDERAL CONTESTS. 23
(II) THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF THIS 24
PARAGRAPH SHALL, AT A MINIMUM, ENCOURAGE AN EARLY RETURN OF ABSENTEE 25
BALLOTS BY URGING VOTERS TO: 26
1. MAIL THE VOTER’S BALLOT AT LEAST 1 WEEK BEFORE 27
ELECTION DAY; OR 28
2. PLACE THE VOTER’S BALLOT IN A BALLOT DROP BOX 29
ON OR BEFORE ELECTION DAY. 30
(III) THE STATE BOARD SHALL USE MULTI PLE METHODS TO 31
PROVIDE THE NOTICE R EQUIRED UNDER THIS P ARAGRAPH, INCLUDING WRITTEN 32
HOUSE BILL 1069 5
NOTICE WITH INSTRUCTIONS FOR SAMPLE BALLOTS AND BALLOTS, A SOCIAL MEDIA 1
CAMPAIGN, AND MASS MEDIA COMMUNICATIONS. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 3
measure, is necessary for the immediate preservation of the public health or safety, has 4
been passed by a yea and nay vote supported by three –fifths of all the members elected to 5
each of the two Houses of the General Assembly, and shall take effect from the date it is 6
enacted. It shall remain effective for a period of 3 years from the date it is enacted and, at 7
the end of the 3 –year period, this Act, with no further action required by the G eneral 8
Assembly, shall be abrogated and of no further force and effect. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.