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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0948*
SENATE BILL 948
G1 6lr1248
By: Senator Kagan
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Law – Internet–Delivered Absentee Ballots – Information and Receipt 2
Limitation 3
FOR the purpose of requiring that the accessible online absentee ballot application 4
provided by the State Board of Elections includ e certain information for voters that 5
choose to receive an absentee ballot provided by the Internet; prohibiting certain 6
voters on permanent absentee ballot status from receiving a recurring absentee 7
ballot provided by the Internet; altering the contents of a certain communication sent 8
to certain voters on permanent absentee voter status; and generally relating to 9
Internet–delivered absentee ballots. 10
BY repealing and reenacting, without amendments, 11
Article – Election Law 12
Section 9–305(a) and (b), 9–306(a), and 9–311.1(a), (b), (c), (e), and (f) 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Election Law 17
Section 9–305(c), 9–306(b), and 9–311.1(d) and (g) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Election Law 23
9–305. 24
(a) A voter may request an absentee ballot by completing and submitting: 25
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(1) the State Board approved absentee ballot application; 1
(2) a form provided under federal law; 2
(3) subject to subsection (b) of this section, a written request that includes: 3
(i) the voter’s name, residence address, and signature; and 4
(ii) the address to which the ballot is to be mailed, if different from 5
the residence address; or 6
(4) the accessible online absentee ballot application provided by the State 7
Board. 8
(b) A voter who uses the online absent ee ballot application to request that an 9
absentee ballot be sent by any method or who uses any method to request to receive a blank 10
absentee ballot through the Internet shall provide the following information: 11
(1) a Maryland driver’s license number or M aryland identification card 12
number, the last four digits of the applicant’s Social Security number, and other 13
information identified by the State Board that is not generally available to the public but 14
is readily available to the applicant; or 15
(2) if the applicant is an absent uniformed services voter or overseas voter 16
as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act or a voter 17
with a disability and does not have a Maryland driver’s license or Maryland identification 18
card, the last four digits of the applicant’s Social Security number. 19
(c) (1) The State –approved absentee ballot application shall include a 20
statement explaining the process for returning a completed absentee ballot if the voter 21
chooses to receive an absentee ballot by facsimile transmission or the Internet. 22
(2) THE ACCESSIBLE ONLINE ABSENTEE BALLOT APPL ICATION 23
SHALL INCLUDE THE FO LLOWING FOR A VOTER WHO CHOOSES TO RECEIVE AN 24
ABSENTEE BALLOT BY THE INTERNET: 25
(I) A SEPARATE MODAL BOX THAT PROVIDES A DETAILED 26
DESCRIPTION OF THE PROCESS FOR OBTA INING, COMPLETING, RETURNING, AND 27
PROCESSING THE ABSENTEE BALLOT; AND 28
(II) A DIALOG BOX THAT REQUIRES THE VO TER TO 29
AFFIRMATIVELY RESPOND THAT THE VOTER UNDERSTANDS THE REQUIREMENTS 30
AND AGREES TO ACCEPT DELIVERY OF THE ABSENTEE BALLOT BY THE INTERNET. 31
9–306. 32
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(a) Promptly after receipt of an application, the election director shall review the 1
application and determine whether the applicant qualifies to vote by absentee ballot. 2
(b) If the applicant qualifies to vote by absentee ballot, the local board shall 3
provide the ballot by one of the following methods requested by the voter: 4
(1) mail; 5
(2) facsimile transmission; 6
(3) SUBJECT TO § 9–311.1(D)(2) OF THIS SUBTITLE FOR A VOTER ON 7
PERMANENT ABSENTEE BALLOT STATUS, the Internet; or 8
(4) by hand during an in–person transaction. 9
9–311.1. 10
(a) All voters are eligible for permanent absentee ballot status. 11
(b) To request permanent absentee ballot status, a voter shall complete and 12
submit: 13
(1) the State Board–approved absentee ballot application and indicate on 14
the form that the voter wishes to have permanent absentee ballot status; 15
(2) a written request that includes the voter’s name, residence address, and 16
signature; or 17
(3) the online absentee ballot application provided by the State Board and 18
indicate on the form that the voter wishes to have permanent absentee ballot status. 19
(c) (1) A voter may apply for permanent absentee ballot status at any time. 20
(2) A voter who requests permanent absentee ballot status may not receive 21
an absentee ballot for the next election if the request is made after the applicable deadline 22
specified in § 9–305(c) of this subtitle. 23
(d) (1) A voter shall specify in an absent ee ballot application submitted in 24
accordance with subsection (b) of this section: 25
[(1)] (I) one of the following methods by which the voter chooses to receive 26
an absentee ballot: 27
[(i)] 1. mail; 28
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[(ii)] 2. facsimile transmission; or 1
[(iii)] 3. SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, 2
the Internet; and 3
[(2)] (II) one of the following methods by which the voter chooses to be 4
contacted by the State Board under subsection (g) of this section before each election: 5
[(i)] 1. nonforwardable mail; 6
[(ii)] 2. e–mail; or 7
[(iii)] 3. text message. 8
(2) (I) THIS PARAGRAPH DOES NOT APPLY TO: 9
1. AN ABSENT UNIFORMED SERVICES V OTER OR AN 10
OVERSEAS VOTER AS DE FINED IN THE FEDERAL UNIFORMED AND OVERSEAS 11
CITIZENS ABSENTEE VOTING ACT; OR 12
2. A VOTER USING THE ONLINE BALLOT MARKING TOOL 13
UNDER § 9–308.2 OF THIS SUBTITLE. 14
(II) A VOTER WHO REQUESTS PERMANE NT ABSENTEE BALLOT 15
STATUS MAY NOT CHOOSE TO RECEIVE AN ABSENTEE BALLOT BY INTERNET FOR 16
MORE THAN ONE ELECTION CYCLE. 17
(e) A voter who uses the online absentee ballot application to request permanent 18
absentee ballot status or who uses any method to request to receive a blank absentee ballot 19
through the Internet shall provide the information required under § 9 –305(b) of this 20
subtitle. 21
(f) A voter who submits a proper request for permanent absentee ballot status 22
shall be placed on the permanent absentee ballot list. 23
(g) (1) During the period beginning 120 days before an election and ending 90 24
days before the election, the State Board shall send a written communication to each voter 25
who is on the permanent absentee ballot list using the method chosen by the voter under 26
subsection [(d)(2)] (D)(1)(II) of this section. 27
(2) The communication required under paragraph (1) of this subsection 28
shall include: 29
(i) confirmation that the voter is included on the permanent 30
absentee ballot list; 31
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(ii) the address of the voter; 1
(iii) the method by which the voter has chosen to receive an absentee 2
ballot; and 3
(iv) a statement that the voter must notify the local board if any of 4
the changes listed in subsection (j) of this section have occurred. 5
(3) FOR EACH VOTER WHO HA S CHOSEN TO RECEIVE AN ABSENTEE 6
BALLOT BY INTERNET UNDER SUBSEC TION (D)(1)(I) OF THIS SECTION , THE 7
COMMUNICATION REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION THAT IS 8
SENT TO THE VOTER FO R THE ELECTION FOLLO WING THE ELECTION CYCLE FOR 9
WHICH THE VOTER RECEIVED AN ABSENTEE BALLOT BY INTERNET SHALL REQUIRE 10
THE VOTER TO CHOOSE A DIFFERENT METHOD FOR RECEIVING AN ABSENTEE 11
BALLOT FOR THE NEXT ELECTION CYCLE. 12
[(3)] (4) If the State Board is unable to contact a voter using the method 13
of communication chosen by the voter under subsection [(d)(2)] (D)(1)(II) of this section, 14
the State Board shall attempt to contact the voter using another method. 15
[(4)] (5) If the communication required under paragraph (1) of this 16
subsection is sent by mail, the envelope shall include a statement, prominently placed, 17
requesting that the recipient return the communication to the State Board i f the intended 18
recipient no longer lives at that address. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
January 1, 2027. 21