Election Law - Presidential Electors - Selection and Voting

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0237*

SENATE BILL 237
G1 (6lr0667)
ENROLLED BILL
— Education, Energy, and the Environment/Government, Labor, and Elections —
Introduced by Senator Kagan

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _________ ______ at ________________________ o’clock, ________M.

______________________________________________
President.

CHAPTER ______

AN ACT concerning 1

Election Law – Presidential Electors – Selection and Voting 2

FOR the purpose of altering the procedures for the selection of presidential elector 3
nominees and alternate presidential elector nominees; requiring the State 4
Administrator of Elections to preside and serve as secretary at a certain meeting of 5
certain presidential electors; altering the procedures for the meeting of presidential 6
electors; establishing procedures for the preparation, delivery, signing, and 7
transmission of an amended certificate of ascertainment after the vote of the State’s 8
presidential electors under certain circumstances; and generally relating to 9
presidential electors. 10

BY repealing 11
Article – Election Law 12
Section 8–503 through 8–505 13
Annotated Code of Maryland 14
2 SENATE BILL 237

(2022 Replacement Volume and 2025 Supplement) 1

BY repealing and reenacting, without amendments, 2
Article – Election Law 3
Section 1–101(a) 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2025 Supplement) 6

BY adding to 7
Article – Election Law 8
Section 1–101(ii–2) and (tt–1), 8–504, 8–506, 8–507, and 8–509 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2025 Supplement) 11

BY repealing and reenacting, with amendments, 12
Article – Election Law 13
Section 1–101(tt–1) and 8–503 through 8–505 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2025 Supplement) 16

BY repealing and reenacting, with amendments, 17
Article – Election Law 18
Section 8–504 and 8–503 through 8–505 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2025 Supplement) 21
(As enacted by Chapters 43 and 44 of the Acts of the General Assembly of 2007) 22

BY repealing 23
Chapter 43 of the Acts of the General Assembly of 2007 24
Section 3 25

BY repealing and reenacting, with amendments, 26
Chapter 43 of the Acts of the General Assembly of 2007 27
Section 4 28

BY repealing 29
Chapter 44 of the Acts of the General Assembly of 2007 30
Section 3 31

BY repealing and reenacting, with amendments, 32
Chapter 44 of the Acts of the General Assembly of 2007 33
Section 4 34

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
That Section(s) 8 –503 through 8 –505 of Article – Election Law of the Annotated Code of 36
Maryland be repealed. 37

SENATE BILL 237 3

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

Article – Election Law 3

1–101. 4

(a) In this article the following words have the meanings indicated unless a 5
different meaning is clearly intended from the context. 6

(II–2) “PRESIDENTIAL ELECTOR” MEANS AN ELECTOR FOR PRESIDENT AND 7
VICE PRESIDENT OF THE UNITED STATES. 8

(TT–1) “UNAFFILIATED PRESIDEN TIAL CANDIDATE ” MEANS A 9
CANDIDATE FOR PRESIDENT OF THE UNITED STATES WHO QUALIFIES FOR THE 10
GENERAL ELECTION BALLOT BY MEANS OTHER THAN NOMINATION BY A POLITICAL 11
PARTY. 12

[(tt–1)] (TT–2) “Uniformed services” has the meaning stated in § 9 –901 of the 13
State Government Article. 14

8–503. 15

[(a) Each political party shall nominate or provide for the nomination of 16
candidates for presidential elector of the party in accordance with party rules. 17

(b) The number of candidates nominated by each political party shall be the 18
number that this State is entitled to elect.] 19

(A) (1) FOR EACH PRESIDENTIAL ELECTOR, A POLITICAL PARTY 20
CONTESTING THE POSIT ION, OR AN UNAFFILIATED P RESIDENTIAL CANDIDAT E, 21
SHALL SUBMIT TO THE STATE BOARD THE NAMES OF TWO QUALIFIED INDIVIDUALS. 22

(2) ONE OF THE INDIVIDUAL S SHALL BE DESIGNATED 23
“PRESIDENTIAL ELECTOR NOMINEE” AND THE OTHER “ALTERNATE PRESIDENTIAL 24
ELECTOR NOMINEE”. 25

[(c)] (B) (1) The names and residential addresses of [individuals nominated 26
as candidates for presidential elector ] THE PRESIDENTIAL ELE CTOR NOMINEES AND 27
ALTERNATE PRESIDENTIAL ELECTOR NOMINEES SUBMITTED TO THE STATE BOARD 28
IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION by a political party shall be 29
certified to the State Board by the presiding officers of the political party. 30

(2) The names and residential addresses of [individuals nominated as 31
candidates for presidential elector ] THE PRESIDENTIAL ELE CTOR NOMINEES AND 32
4 SENATE BILL 237

ALTERNATE PRESIDENTIAL ELECTOR NOMINEES SUBMITTED TO THE STATE BOARD 1
IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION by a candidate for President 2
of the United States who is nominated by petition shall be certified to the State Board by 3
the candidate. 4

(3) The NOMINEES FOR PRESIDE NTIAL electors AND ALTERNATE 5
PRESIDENTIAL ELECTORS shall be certified to the State Board at least 30 days before the 6
general election. 7

[(d)] (C) (1) THIS SUBSECTION APPLI ES ONLY IF THE AGREE MENT 8
UNDER § 8–5A–01 OF THIS TITLE IS IN EFFECT. 9

(2) If the number of presidential electors nominated is less than or greater 10
than the State’s number of electoral votes, presidential electors shall be nominated as 11
provided for under Article III of § 8–5A–01 of this title. 12

8–504. 13

(A) EACH PRESIDENTIAL ELE CTOR NOMINEE AND ALT ERNATE 14
PRESIDENTIAL ELECTOR NOMINEE OF A POLITIC AL PARTY SHALL EXECU TE THE 15
FOLLOWING PLEDGE : “IF SELECTED FOR THE P OSITION OF PRESIDENT IAL 16
ELECTOR, I AGREE TO SERVE AND TO MARK MY BALLOTS FOR PRESIDENT AND VICE 17
PRESIDENT FOR THE NOM INEES FOR THOSE OFFI CES OF THE PARTY THA T 18
NOMINATED ME.”. 19

(B) EACH PRESIDENTIAL ELE CTOR NOMINEE A ND ALTERNATE 20
PRESIDENTIAL ELECTOR NOMINEE OF AN UNAFFI LIATED PRESIDENTIAL 21
CANDIDATE SHALL EXEC UTE THE FOLLOWING PL EDGE: “IF SELECTED FOR THE 22
POSITION OF PRESIDEN TIAL ELECTOR AS A NO MINEE OF AN UNAFFILI ATED 23
PRESIDENTIAL CANDIDATE, I AGREE TO SERVE AND TO MARK MY BALLOTS FOR THAT 24
CANDIDATE AND FOR THAT CANDIDATE’S VICE PRESIDENTIAL RUNNING MATE.”. 25

(C) THE EXECUTED PLEDGES SHALL ACCOMPANY THE SUBMISSION OF THE 26
CORRESPONDING PRESIDENTIAL ELECTOR NOMINEE NAMES TO THE STATE BOARD. 27

(D) IF, AFTER THE NOMINATION OF A CANDIDATE FOR PRESIDENT OR VICE 28
PRESIDENT BY A POLIT ICAL PARTY AND BEFOR E THE MEETING OF PRE SIDENTIAL 29
ELECTORS UNDER § 8–508 OF THIS SUBTITLE, THE CANDIDATE DIES OR WITHDRAWS 30
AS A CANDIDATE FOR T HAT OFFICE IN ACCORD ANCE WITH THE RULES OF THE 31
POLITICAL PARTY , THE PLEDGE EXECUTED UNDER SUBSECTION (A) OF THIS 32
SECTION OR § 8–507(D) OF THIS SUBTITLE APPLIES TO THE SUCCESSOR CANDIDATE 33
FOR THAT OFFICE NOMINATED BY THE POLITICAL PARTY IN ACCORDANCE WITH THE 34
PARTY RULES. 35

SENATE BILL 237 5

[8–504.] 8–505. 1

(a) (1) At the gener al election for President and Vice President of the United 2
States there shall be elected, in accordance with subsection (b) of this section, the number of 3
presidential electors to which this State is entitled. 4

(2) Presidential electors shall be elected: 5

(I) IF THE AGREEMENT UNDER § 8–5A–01 OF THIS TITLE IS NOT 6
IN EFFECT, AT LARGE BY THE VOTERS OF THE ENTIRE STATE; OR 7

(II) IF THE AGREEMENT UND ER § 8–5A–01 OF THIS TITLE IS IN 8
EFFECT, under the procedure provided in § 8–5A–01 of this title. 9

(b) (1) The names of the candidates for the office of presidential elector may not 10
be printed on the ballot. 11

(2) A vote for the candidates for President and Vice President of a political 12
party shall be considered to be and counted as a vote for each of the NOMINEES FOR 13
presidential [electors] ELECTOR of the political party [nominated] SUBMITTED in 14
accordance with § 8–503 of this subtitle. 15

(3) A VOTE FOR AN UNAFFILI ATED CANDIDATE FOR PRESIDENT AND 16
VICE PRESIDENT SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH 17
OF THE NOMINEES FOR PRESIDENTIAL ELECTOR SUBMITTED BY THE UNAFFILIATED 18
PRESIDENTIAL CANDIDATE TO THE STATE BOARD IN ACCORDANCE WITH § 8–503 OF 19
THIS SUBTITLE. 20

8–506. 21

IN SUBMITTING THIS STATE’S CERTIFICATE OF ASC ERTAINMENT AS 22
REQUIRED BY 3 U.S.C. § 6 3 U.S.C. § 5 , THE GOVERNOR SHALL CERTIF Y THE 23
STATE’S PRESIDENTIAL ELECTORS AND STATE IN THE CERTIFICATE THAT: 24

(1) THE PRESIDENTIAL ELE CTORS WILL SERVE AS PRESIDENTIAL 25
ELECTORS UNLESS A VACANCY OCCURS IN THE OFFICE OF PRESIDENTIAL ELECTOR 26
BEFORE THE END OF THE MEETING AT WHICH PRESIDENTIAL ELECTOR VOTES ARE 27
CAST, IN WHICH CASE A SUBS TITUTE PRESIDENTIAL ELECTOR WILL FIL L THE 28
VACANCY; AND 29

(2) IF A SUBSTITUTE PRESIDENTIAL ELECTOR IS APPOINTED TO FILL 30
A VACANCY , THE GOVERNOR WILL SUBMIT AN AMENDED CERTIFICA TE OF 31
ASCERTAINMENT STATING THE NAMES ON THE F INAL LIST OF THE PRE SIDENTIAL 32
ELECTORS. 33
6 SENATE BILL 237

8–507. 1

(A) THE STATE ADMINISTRATOR SHALL PRESI DE AND SERVE AS 2
SECRETARY AT THE MEETING OF PR ESIDENTIAL ELECTORS DESCRIBED IN § 8–508 3
OF THIS SUBTITLE. 4

(B) THE POSITION OF A PRESIDENTIAL ELECTOR NOT PRESENT TO VOTE IS 5
VACANT. 6

(C) (1) THE STATE ADMINISTRATOR PRESIDENTIAL ELECTO RS STILL 7
SERVING SHALL APPOINT AN INDIVIDUAL AS A SUBSTITUTE PRESIDENTIAL ELECTOR 8
TO FILL A VACANCY AS FOLLOWS: 9

(1) (I) IF THE ALTERNATE PRESIDENTIAL ELECTOR IS PRESENT TO 10
VOTE, BY APPOINTING THE ALTERNATE PRESIDENTIAL ELECTOR FOR THE VACANT 11
POSITION; 12

(2) (II) IF THE ALTERNATE PRE SIDENTIAL ELECTOR FO R THE 13
VACANT POSITION IS N OT PRESENT TO VOTE , BY APPOINTING A PRES IDENTIAL 14
ELECTOR CHOSEN BY LOT FROM AMONG THE ALTERNATE PRESIDENTIAL ELECTORS 15
PRESENT TO VOTE WHO WERE NOMINATED BY THE SAME POLITICAL PARTY OR THE 16
UNAFFILIATED PRESIDENTIAL CANDIDATE; 17

(3) (III) IF THE NUMBER OF ALT ERNATE PRESIDENTIAL ELECTORS 18
PRESENT TO VOTE IS INSUFFICIENT TO FILL ANY VACANT POSITION IN ACCORDANCE 19
WITH ITEM (1) OR (2) (I) OR (II) OF THIS SUBSECTION PARAGRAPH, BY APPOINTING 20
ANY IMMEDIATELY AVAI LABLE INDIVIDUAL WHO IS QUALIFIED TO SERV E AS A 21
PRESIDENTIAL ELECTOR AND CHOSEN THROUGH NOMINATION BY AND PLURALITY 22
VOTE OF THE REMAINING PRESIDENTIAL ELECTORS, INCLUDING NOMINATION AND 23
VOTE BY A SINGLE PRESIDENTIAL ELECTOR IF ONLY ONE REMAINS; OR 24

(4) (IV) IF THERE IS A TIE BE TWEEN AT LEAST TWO NOMINEES FOR 25
SUBSTITUTE PRESIDENTIAL ELECTOR IN A VOTE CONDUCTED UNDER ITEM (3) (III) 26
OF THIS SUBSECTION PARAGRAPH, BY APPOINTING A PRES IDENTIAL ELECTOR 27
CHOSEN BY LOT FROM AMONG THOSE NOMINEES; OR. 28

(5) IF ALL PRESIDENTIAL ELECTOR POSITIONS AR E VACANT AND 29
CANNOT BE FILLED IN ACCORDANCE WITH ITEM (1), (2), (3), OR (4) OF THIS 30
SUBSECTION, BY APPOINTING A SINGLE PRESIDENTIAL ELECTOR, WITH REMAINING 31
VACANT POSITIONS TO BE FILLED IN ACCORDA NCE WITH ITEM (3) OR (4) OF THIS 32
SUBSECTION. 33

SENATE BILL 237 7

(2) IF ALL PRESIDENTIAL E LECTOR POSITIONS ARE VACANT AND 1
CANNOT BE FILLED IN ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION , 2
THE STATE ADMINISTRATOR SHALL A PPOINT A SINGLE PRES IDENTIAL ELECTOR , 3
WITH REMAINING VACAN T POSITIONS TO BE FILLED IN ACCO RDANCE WITH 4
PARAGRAPH (1)(III) OR (IV) OF THIS SUBSECTION. 5

(D) TO QUALIFY AS A SUBST ITUTE PRESIDENTIAL E LECTOR UNDER 6
SUBSECTION (C) OF THIS SECTION , AN INDIVIDUAL WHO HA S NOT EXECUTED THE 7
PLEDGE REQUIRED UNDE R § 8–504 OF THIS SUBTITL E SHALL EXECUTE THE 8
FOLLOWING PLEDGE : “I AGREE TO SERVE AND T O MARK MY BALLOTS FO R 9
PRESIDENT AND VICE PRESIDENT CONSISTENT WITH THE PLEDGE OF T HE 10
INDIVIDUAL TO WHOSE PRESIDENTIAL ELECTOR POSITION I HAVE SUCCEEDED.”. 11

[8–505.] 8–508. 12

(a) (1) The individuals elected to the office of presidential elector shall meet in 13
the State House in the City of Annapolis on the day provided by the Constitution and laws 14
of the United States. 15

(2) The conduct of the meeting shall be consistent with the requireme nts of 16
federal law. 17

(b) (1) Before proceeding to perform the duties of their office, the presidential 18
electors who are present shall fill any vacancy in the office of PRESIDENTIAL elector IN 19
ACCORDANCE WITH § 8–507 OF THIS SUBTITLE , whether the vacancy i s caused by 20
absence or other reason. 21

(2) An individual appointed to fill a vacancy is entitled to all rights and 22
privileges of the duly elected electors. 23

(c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland 24
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence, 25
before one of the Clerk’s deputies, the presidential electors shall cast their votes for: 26

(I) IF THE AGREEMENT UNDER § 8–5A–01 OF THIS TITLE IS NOT 27
IN EFFECT, THE CANDIDATES FOR PRESIDENT AND VICE PRESIDENT WHO RECEIVED 28
A PLURALITY OF THE VOTES CAST IN THE STATE OF MARYLAND; OR 29

(II) IF THE AGREEMENT UND ER § 8–5A–01 OF THIS TITLE IS IN 30
EFFECT, the candidates for President and Vice President who received a plurality of the 31
votes cast in the national popular vote total defined in § 8–5A–01 of this title. 32

(2) THE STATE ADMINISTRATOR SHALL P ROVIDE EACH 33
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND A VICE PRESIDENTIAL BALLOT. 34

8 SENATE BILL 237

(3) EACH PRESIDENTIAL ELE CTOR SHALL MARK THE PRESIDENTIAL 1
ELECTOR’S PRESIDENTIAL AND V ICE PRESIDENTIAL BAL LOTS WITH THE 2
PRESIDENTIAL ELECTOR’S SIGNATURE AND THE PRESIDENTIAL ELECTOR’S LEGIBLY 3
PRINTED NAME. 4

(D) (1) (I) THIS PARAGRAPH APPLIES ONLY IF THE AGREEMENT UNDER 5
§ 8–5A–01 OF THIS TITLE IS NOT IN EFFECT. 6

(II) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT B OTH 7
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR. 8

(III) THE STATE ADMINISTRATOR SHALL EXAMINE THE BALLOTS 9
PRESENTED UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH AND ACCEPT AS CAST 10
ALL BALLOTS OF PRESI DENTIAL ELECTORS WHO SE VOTES ARE CONSIST ENT WITH 11
THEIR PLEDGES EXECUTED UNDER § 8–504 OR § 8–507(D) OF THIS SUBTITLE. 12

(2) (I) THIS PARAGRAPH APPLIES ONLY IF THE AGREEMENT UNDER 13
§ 8–5A–01 OF THIS TITLE IS IN EFFECT. 14

(II) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT BOTH 15
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR, WHO SHALL EXAMINE TH E 16
BALLOTS AND ACCEPT A S CAST ALL BALLOTS O F PRESIDENTIAL ELECT ORS WHOSE 17
VOTES ARE CONSISTENT WITH THEIR PLEDGES E XECUTED FOR THE CAND IDATES 18
FOR PRESIDENT AND VICE PRESIDENT WHO ARE THE NATION AL POPULAR VOTE 19
WINNERS AS DEFINED IN § 8–5A–01 OF THIS TITLE. 20

(3) THE STATE ADMINISTRATOR MAY NOT ACCEPT EITHER A 21
PRESIDENTIAL ELECTOR’S PRESIDENTIAL OR VI CE PRESIDENTIAL BALL OT IF THE 22
PRESIDENTIAL ELECTOR VOTED IN VIOLATION O F THE PRESIDENTIAL ELECTOR’S 23
PLEDGE. 24

(E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESE NT A BALLOT , 25
PRESENTS AN UNMARKED BALLOT AND REFUSES T O SIGN THE CERTIFICA TE OF 26
VOTE, OR PRESENTS A BALLOT MARKED IN VIOLATION OF THE PRESIDENTIAL 27
ELECTOR’S PLEDGE EXECUTED UN DER § 8–504 OR § 8–507(D) OF THIS SUBTITLE 28
VACATES THE OFFICE O F ELECTOR, CREATING A VACANT PO SITION TO BE FILLED 29
UNDER § 8–507 OF THIS SUBTITLE. 30

(F) THE STATE ADMINISTRATOR SHALL D ISTRIBUTE BALLOTS AN D 31
COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE 32
PROCESS UNDER THIS S ECTION, DECLARING VACANT POS ITIONS TO BE FILLED AS 33
REQUIRED UNDER § 8–507(C) OF THIS SUBTITLE, AND RECORDING APPROPRIATELY 34
COMPLETED BALLOTS FROM THE SUBSTITUTE PRESIDENTIAL ELECTORS, UNTIL ALL 35
OF THE STATE’S ELECTORAL VOTES HAVE BEEN CAST AND RECORDED. 36
SENATE BILL 237 9

8–509. 1

(A) AFTER THE VOTE OF THE STATE’S PRESIDENTIAL ELECT ORS IS 2
COMPLETED, IF THE FINAL LIST OF PRESIDENTIAL ELECTORS DIFFERS FROM ANY 3
LIST THAT THE GOVERNOR PREVIOUSLY I NCLUDED ON A CERTIFI CATE OF 4
ASCERTAINMENT PREPARED AND TRANSMITTED UNDER 3 U.S.C. § 6 3 U.S.C. § 5, 5
THE STATE ADMINISTRATOR IMMEDIA TELY SHALL PREPARE A N AMENDED 6
CERTIFICATE OF ASCER TAINMENT IN ACCORDAN CE WITH 3 U.S.C. § 4 AND 7
TRANSMIT IT TO THE GOVERNOR FOR THE GOVERNOR’S SIGNATURE. 8

(B) THE GOVERNOR IMMEDIATELY SHALL DELIVER THE SIGNED AMENDED 9
CERTIFICATE OF ASCERTAINMENT TO THE STATE ADMINISTRATOR AND A S IGNED 10
DUPLICATE ORIGINAL OF THE AMENDED CERTIFICATE OF ASCERTAINMENT TO ALL 11
INDIVIDUALS ENTITLED TO RECEIVE THIS STATE’S CERTIFICATE OF 12
ASCERTAINMENT, INDICATING THAT THE AMENDED CERTIFICATE OF 13
ASCERTAINMENT IS TO BE SUBSTITUTED FOR T HE CERTIFICATE OF 14
ASCERTAINMENT PREVIOUSLY SUBMITTED. 15

(C) (1) THE STATE ADMINISTRATOR SHALL PREPARE A CERTIFICATE OF 16
THE VOTE. 17

(2) THE PRESIDENTIAL ELEC TORS ON TH E FINAL LIST SHALL S IGN 18
THE CERTIFICATE. 19

(3) THE STATE ADMINISTRATOR SHALL PROCESS AND TRANSMIT THE 20
SIGNED CERTIFICATE W ITH THE AMENDED CERT IFICATE OF ASCERTAIN MENT 21
UNDER 3 U.S.C. §§ 9 THROUGH 11. 22

Chapter 43 of the Acts of 2007 23

[SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 24
take effect until the interstate compact entitled “Agreement Among the States to Elect the 25
President by National Popular Vote” is enacted in substantially the same form by states 26
cumulatively possessing a majority of the electoral votes and the enactments of the compact 27
have taken effect in each state; that Section 1 of this Act shall only govern the appointment 28
of presidential electors in any year in which the Agreement Among the States to Elect the 29
President by National Popular Vote is, on July 20, in effect in states cumulatively possessing 30
a majority of the electoral votes; that all the states of the United States are requested to 31
concur in this Act of the General Assembly of Maryland by the enactment of a similar Act; 32
and that the Department of Legislative Services shall notify the appropriate officials of the 33
combined states of the enactment of this Act.] 34

10 SENATE BILL 237

SECTION 4. AND BE IT FURTHER ENACTED, That[, except as provided in Section 1
3 of this Act,] this Act shall take effect October 1, 2007. 2

Chapter 44 of the Acts of 2007 3

[SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 4
take effect until the interstate compact entitled “Agreement Among the States to Elect the 5
President by National Popular Vote” is enacted in substantially the same form by states 6
cumulatively possessing a majority of the electoral votes and the enactments of the compact 7
have taken effect in each state; that Section 1 of this Act shall only govern the appoint ment 8
of presidential electors in any year in which the Agreement Among the States to Elect the 9
President by National Popular Vote is, on July 20, in effect in states cumulatively possessing 10
a majority of the electoral votes; that all the states of the Unit ed States are requested to 11
concur in this Act of the General Assembly of Maryland by the enactment of a similar Act; 12
and that the Department of Legislative Services shall notify the appropriate officials of the 13
combined states of the enactment of this Act.] 14

SECTION 4. AND BE IT FURTHER ENACTED, That[, except as provided in Section 15
3 of this Act,] this Act shall take effect October 1, 2007. 16

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18

Article – Election Law 19

[8–504.] 8–505. 20

(a) (1) At the general election for President and Vice President of the United 21
States there shall be elected, in accordance with subsection (b) of this section, the number 22
of presidential electors to which this State is entitled. 23

(2) Presidential electors shall be elected at large by the voters of the entire 24
State. 25

(b) (1) The names of the candidates for the office of presidential elector may 26
not be printed on the ballot. 27

(2) A vote for the candidates for President and Vice President of a political 28
party shall be considered to be and counted as a vote for each of the NOMINEES FOR 29
presidential [electors] ELECTOR of the political party [nominated] SUBMITTED in 30
accordance with § 8–503 of this subtitle. 31

(3) A VOTE FOR AN UNAFFILIATED CANDIDATE FOR PRESIDENT AND 32
VICE PRESIDENT SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH 33
OF THE NOMINEES FOR PRESIDENTIAL ELECTOR SUBMITTED BY THE UNAFFILIATED 34
SENATE BILL 237 11

PRESIDENTIAL CANDIDATE TO THE STATE BOARD IN ACCORDANCE WITH § 8–503 OF 1
THIS SUBTITLE. 2

[8–505.] 8–508. 3

(a) (1) The individuals elected to the office of presidential elector shall meet in 4
the State House in the City of Annapolis on the day provided by the Constitution and laws 5
of the United States. 6

(2) The conduct of the meeting shall be consistent with the requirements 7
of federal law. 8

(b) (1) Before proceeding to perform the duties of their office, the presidential 9
electors who are present shall fill any vacancy in the office of PRESIDENTIAL elector IN 10
ACCORDANCE WITH § 8–507 OF THIS SUBTITLE , whether the vacancy is caused by 11
absence or other reason. 12

(2) An individual appointed to fill a vacancy is entitled to all rights and 13
privileges of the duly elected electors. 14

(c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland 15
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence, 16
before one of the Clerk’s deputies, the presidential electors shall cast their votes for the 17
candidates for President and Vice President who received a plurality of the votes cast in 18
the State of Maryland. 19

(2) THE STATE ADMINISTRATOR SHALL P ROVIDE EACH 20
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND VICE PRESIDENTIAL BALLOT. 21

(3) EACH PRESIDENTIAL ELECTOR SHALL MARK THE PRESIDENTIAL 22
ELECTOR’S PRESIDENTIAL AND V ICE PRESIDENTIAL BAL LOTS WITH THE 23
PRESIDENTIAL ELECTOR ’S SIGNATURE AND THE PR ESIDENTIAL ELECTOR ’S 24
LEGIBLY PRINTED NAME. 25

(D) (1) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT B OTH 26
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR. 27

(2) THE STATE ADMINISTRATOR SHALL E XAMINE THE BALLOTS 28
PRESENTED UNDER PARAGRAPH (1) OF THIS SUBSECTION AND ACCEPT AS CAST ALL 29
BALLOTS OF PRESIDENTIAL ELECTORS WHOSE VOTES ARE CONSISTENT WITH THEIR 30
PLEDGES EXECUTED UNDER § 8–504 OR § 8–507(D) OF THIS SUBTITLE. 31

(3) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A 32
PRESIDENTIAL ELECTOR’S PRESIDENTIAL OR VI CE PRESIDENTIAL BALL OT IF THE 33
12 SENATE BILL 237

PRESIDENTIAL ELECTOR HAS NOT MARKED BOTH BALLOTS OR HAS MARKE D A 1
BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE. 2

(E) A PRESIDENTIAL ELECTOR WHO RE FUSES TO PRESENT A B ALLOT, 3
PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION 4
OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UNDER § 8–504 OR § 8–507(D) 5
OF THIS SUBTITLE VAC ATES THE OFFICE OF E LECTOR, CREATING A VACANT 6
POSITION TO BE FILLED UNDER § 8–507 OF THIS SUBTITLE. 7

(F) THE STATE ADMINISTRATOR SHALL D ISTRIBUTE BALLOTS AN D 8
COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE 9
PROCESS UNDER THIS S ECTION, DECLARING AND FILLIN G VACANT POSITIONS A S 10
REQUIRED, AND RECORDING APPROP RIATELY COMPLETED BA LLOTS FROM THE 11
SUBSTITUTED PRESIDENTIAL ELECTORS, UNTIL ALL OF THE STATE’S ELECTORAL 12
VOTES HAVE BEEN CAST AND RECORDED. 13

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 14
as follows: 15

Article – Election Law 16

[8–504.] 8–505. 17

(a) (1) At the general election for President and Vice President of the United 18
States there shall be elected, in accordance with subsection (b) of this section, the number 19
of presidential electors to which this State is entitled. 20

(2) Presidential electors shall be elected under the procedure provided in § 21
8–5A–01 of this title. 22

(b) (1) The names of the candidates for the office of presidential elector may 23
not be printed on the ballot. 24

(2) A vote for the candidates for President and Vice President of a political 25
party shall be considered to be and counted as a vote for each of the NOMINEES FOR 26
presidential [electors] ELECTOR of the political party [nominated] SUBMITTED in 27
accordance with § 8–503 of this subtitle. 28

(3) A VOTE FOR AN UNAFFILIATED CANDIDATE FOR PRESIDENT AND 29
VICE PRESIDENT SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH 30
OF THE NOMINEES FOR PRESIDENTIAL ELECTOR SUBMITTED BY THE UNAFFILIATED 31
PRESIDENTIAL CANDIDATE TO THE STATE BOARD IN ACCORDANCE WITH § 8–503 OF 32
THIS SUBTITLE. 33

[8–505.] 8–508. 34
SENATE BILL 237 13

(a) (1) The individuals elected to the office of presidential elector shall meet in 1
the State House in the City of Annapolis on the day provided by the Constitution and laws 2
of the United States. 3

(2) The conduct of the meeting shall be consistent with the requirements 4
of federal law. 5

(b) (1) Before proceeding to perform the duties of their office, the presidential 6
electors who are present shall fill any vacancy in the office of PRESIDENTIAL elector IN 7
ACCORDANCE WITH § 8–507 OF THIS SUBTITLE , whether the vacancy is caused by 8
absence or other reason. 9

(2) An individual appointed to fill a vacancy is entitled to all rights and 10
privileges of the duly elected electors. 11

(c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland 12
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence, 13
before one of the Clerk’s deputies, the presidential electors shall cast their votes for the 14
candidates for President and Vice President who received a plurality of the votes cast in 15
the national popular vote total defined in § 8–5A–01 of this title. 16

(2) THE STATE ADMINISTRATOR SHALL P ROVIDE EACH 17
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND VICE PRESIDENTIAL BALLOT. 18

(3) EACH PRESIDENTIAL ELECTOR SHALL MARK THE PRESIDENTIAL 19
ELECTOR’S PRESIDENTIAL AND V ICE PRESIDENTIAL BAL LOTS WITH THE 20
PRESIDENTIAL ELECTOR ’S SIGNATURE AND THE PRESIDENTIAL ELECTOR ’S 21
LEGIBLY PRINTED NAME. 22

(D) (1) EACH PRESIDENTIAL ELE CTOR SHALL PRESENT B OTH 23
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR, WHO SHALL EXAMINE TH E 24
BALLOTS AND ACCEPT AS CAST ALL BALLOTS O F PRESIDENTIAL ELECTORS WHOSE 25
VOTES ARE CONSISTENT WITH THEIR PLEDGES E XECUTED FOR THE CAND IDATES 26
FOR PRESIDENT AND VICE PRESIDENT WHO ARE THE NATIONAL POPULAR VOTE 27
WINNERS AS DEFINED IN § 8–5A–01 OF THIS TITLE. 28

(2) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A 29
PRESIDENTIAL ELECTOR’S PRESIDENTIAL OR VI CE PRESIDENTIAL BALL OT IF THE 30
PRESIDENTIAL ELECTOR HAS NOT MARKED BOTH BALLOTS OR HAS MARKE D A 31
BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE. 32

(E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESE NT A BALLOT , 33
PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION 34
OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UNDER § 8–504 OR § 8–507(D) 35
14 SENATE BILL 237

OF THIS SUBTITLE VAC ATES THE OFFICE OF E LECTOR, CREATING A VACANT 1
POSITION TO BE FILLED UNDER § 8–507 OF THIS SUBTITLE. 2

(F) THE STATE ADMINISTRATOR SHALL D ISTRIBUTE BALLOTS AN D 3
COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE 4
PROCESS UNDER THIS S ECTION, DECLARING AND FILLIN G VACANT POSITI ONS AS 5
REQUIRED, AND RECORDING APPROP RIATELY COMPLETED BA LLOTS FROM THE 6
SUBSTITUTE PRESIDENTIAL ELECTORS , UNTIL ALL OF THIS STATE’S ELECTORAL 7
VOTES HAVE BEEN CAST AND RECORDED. 8

SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 9
effect October 1, 2026. It shall remain effective until the taking effect of Section 1 of 10
Chapters 43 and 44 of the Acts of the General Assembly of 2007. If the contingency stated 11
in Section 3 of Chapters 43 and 44 of the Acts of the General Assembly of 2007 takes effect, 12
Section 2 of this Act shall be abrogated and of no further force and effect. 13

SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 14
effect on the taking effect of Section 1 of Chapters 43 and 44 of the Acts of the G eneral 15
Assembly of 2007. 16

SECTION 6. 3. AND BE IT FURTHER ENACTED, That , subject to the provisions 17
of Sections 4 and 5 of this Act, this Act shall take effect October 1, 2026. 18

Approved:
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Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.