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.
*sb0132*

SENATE BILL 132
G1 EMERGENCY BILL 6lr1096
SB 99/24 – EEE (PRE–FILED) CF HB 156
By: Senators Kagan and Rosapepe
Requested: October 3, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

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

FOR the purpose of authorizing unaffiliated voters to reque st to affiliate with a political 3
party at an early voting center during a primary election and vote a provisional ballot 4
for the voter’s preferred political party; and generally relating to affiliating with a 5
political party and voting in a primary election. 6

BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 3–303, 3–305(a) and (e), 9–404(b), and 11–303(d)(4) 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2025 Supplement) 11

BY adding to 12
Article – Election Law 13
Section 3–305(e) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Election Law 19

3–303. 20

(a) Notification of a change o f party affiliation or a change to or from a decline 21
may be made: 22

2 SENATE BILL 132

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

(2) by written notice, signed by the voter and sent by mail or otherwise 3
delivered to the local board in the county where the voter’s current voter registration 4
address is located or to which the voter has moved; 5

(3) by making application in person at the office of the local board in the 6
county where the voter’s current voter registration address is located or to which the voter 7
has moved; 8

(4) by information on a voter authority card or other appropriate form filled 9
out in a polling place; or 10

(5) by changing a name or address with the Motor Vehicle Administration. 11

(b) Party affiliation changes or changes to or from a decline: 12

(1) shall be processed at any time that registration is open; and 13

(2) except as provided in subsection (c) of this section, may not be processed 14
when registration is closed. 15

(c) (1) If a local board receives a request for a party affiliation change after the 16
close of registration, the local board shall make the change and it shall become effective for 17
the next election provided: 18

[(1)] (I) there is sufficient evidence, as determined by the local boards 19
pursuant to regulations adopted by the State Board, that the request was mailed on or 20
before the close of registration for that election; or 21

[(2)] (II) the request was submitted by the voter to the Motor Vehicle 22
Administration, a voter registration agency, another local board, or the State Board on or 23
before the close of registration for that election. 24

(2) DURING A PRIMARY ELECTION, A VOTER WHO HAS DECL INED TO 25
AFFILIATE WITH A POLITICAL PARTY MAY REQUEST TO AFFILIATE WITH A POLITICAL 26
PARTY AT AN EARLY VOTING CENTER. 27

3–305. 28

(a) (1) During early voting, an individual may appear in person at an early 29
voting center in the individual’s county of residence and apply to register to vote or change 30
the voter’s address on an existing voter registration. 31

SENATE BILL 132 3

(2) DURING EARLY VOTING B EFORE A PRIMARY ELEC TION, AN 1
INDIVIDUAL WHO HAS D ECLINED TO AFFILIATE WITH A POLITICAL PAR TY MAY 2
APPEAR IN PERSON AT AN EARLY VOTING CENTER IN THE INDIVIDUAL’S COUNTY OF 3
RESIDENCE AND APPLY TO CHANG E THE VOTER’S EXISTING VOTER REG ISTRATION 4
TO AFFILIATE WITH A POLITICAL PARTY. 5

(E) (1) WHEN A VOTER WHO HAS DECLINED TO AFFILIAT E WITH A 6
POLITICAL PARTY APPL IES TO CHANGE THE VO TER’S EXISTING VOTER 7
REGISTRATION TO AFFI LIATE WITH A POL ITICAL PARTY DURING EARLY VOTING 8
BEFORE A PRIMARY ELECTION, THE ELECTION JUDGE SHALL DETERMINE WHETHER 9
THE VOTER RESIDES IN THE COUNTY IN WHICH THE VOTER SEEKS TO VOTE. 10

(2) IF THE VOTER IS A RES IDENT OF THE COUNTY , THE ELECTION 11
JUDGE SHALL: 12

(I) ISSUE THE VOTER A VOTER AUTHORITY CARD; 13

(II) HAVE THE VOTER SIGN THE VOTER AUTHORITY CARD; AND 14

(III) ISSUE THE VOTER A PR OVISIONAL BALLOT FOR THE 15
APPROPRIATE POLITICAL PARTY. 16

[(e)] (F) The State Board shall adopt regulations and procedures in acc ordance 17
with the requirements of this section for the administration of voter registration during 18
early voting. 19

9–404. 20

(b) An individual is eligible to cast a provisional ballot if: 21

(1) the individual declares in a written affirmation submitted with the 22
provisional ballot that the individual is a registered voter in the State and is eligible to vote 23
in that election; and 24

(2) (i) the individual’s name does not appear on the election register; 25

(ii) an election official asserts that the individual is not eligible to 26
vote; [or] 27

(iii) the individual does not have the necessary identification; OR 28

(IV) THE INDIVIDUAL HAS D ECLINED TO AFFILIATE WITH A 29
POLITICAL PARTY AND APPLIES TO CHANGE TH E VOTER ’S EXISTING VOTER 30
REGISTRATION TO AFFI LIATE WITH A POLITICAL PARTY DU RING EARLY VOTING 31
BEFORE A PRIMARY ELECTION. 32
4 SENATE BILL 132

11–303. 1

(d) (4) For the purposes of this section, an individual is qualified to vote the 2
provisional ballot cast if the local board determines that: 3

(i) the individual is registered in the State; 4

(ii) if the provisional ballot was cast because the voter failed to 5
provide required identification, the individual who cast the provisional ballot has met the 6
identification requirements established by the State Board; 7

(iii) if the pro visional ballot was cast during a period covered by a 8
court order or other order extending the time for closing the polls, the order has not been 9
invalidated by a subsequent court order; [and] 10

(iv) if the provisional ballot was cast because the voter c laimed a 11
different political party affiliation from the political party affiliation on record for the voter, 12
the voter made a selection in a nonpartisan board of education contest on the ballot; AND 13

(V) IF THE PROVISIONAL B ALLOT WAS CAST DURIN G EARLY 14
VOTING BEFORE A PRIMA RY ELECTION BY AN IN DIVIDUAL WHO WAS NOT 15
AFFILIATED WITH A PO LITICAL PARTY , THE INDIVIDUAL APPLI ED TO AFFILIATE 16
WITH A 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 the date it is 21
enacted. 22