SB 36
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 36 (Senator Gallion)
Education, Health, and Environmental Affairs
Election Integrity Act
This bill establishes that an agent of an absentee voter (authorized by the voter to pick up
and deliver the voter’s absentee ballot), in addition to meeting existing requirements,
(1) must be a family member or member of the household of the voter; (2) may not be a
campaign volunteer of a candidate on the ballot; and (3) may not pick up or deliver more
than three ballots during each election.
Fiscal Summary
State Effect: The bill is not expected to materially affect State finances.
Local Effect: Local government expenditures may increase, as discussed below. Revenues
are not affected.
Small Business Effect: None.
Analysis
Current Law: A qualified applicant for an absentee ballot may designate a duly
authorized agent to pick up and deliver an absentee ballot. An agent of the voter:
 must be at least 18 years old;
 may not be a candidate on that ballot;
 must be designated in a writing signed by the voter under penalty of perjury; and
 must execute an affidavit under penalty of perjury that the ballot was (1) delivered
to the voter who submitted the application; (2) marked and placed in an envelope
by the voter, or with assistance as allowed by regulation, in the agent’s presence;
and (3) returned to the local board by the agent.
Any person convicted of a violation of those provisions is subject to a fine of up to $1,000
and/or imprisonment for up to two years.
Local Fiscal Effect: To the extent implementation of the bill includes modification of the
State’s voter registration database to be able to track information on agents of absentee
(mail-in) voters to ensure that individuals do not pick up and deliver more than three ballots
during an election, local government expenditures may increase. Costs of modifying the
voter registration database are billed to the local boards of elections by the State Board of
Elections, with costs allocated among the counties based on voting age population.
Sufficient information was not available in time to estimate the cost of such a modification.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 690 (Delegate Hornberger) - Ways and Means.
Information Source(s): State Board of Elections; Office of the State Prosecutor;
Department of Legislative Services
Fiscal Note History: First Reader - February 8, 2021
an/hlb
Analysis by: Scott D. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 36/ Page 2


Statutes affected:
Text - First - Absentee Voting – Use of an Agent – Agent Requirements and Prohibitions: 9-307 Election Law, 9-312 Election Law