HB 153
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader - Revised
House Bill 153 (Delegates Ivey and Henson)
Ways and Means
Election Law - Elections by Mail
This bill requires that a vote-by-mail ballot be mailed to each registered voter before each
election held under State election law and establishes provisions governing the casting and
counting of vote-by-mail ballots. The bill’s provisions replace existing provisions
governing voting by mail in special elections. The bill takes effect January 1, 2022.
Fiscal Summary
State Effect: Under one set of assumptions, general fund expenditures increase by
$1.38 million in FY 2022 and $1.49 million in FY 2023, with somewhat reduced impacts
in subsequent years. Revenues are not affected.
($ in millions) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 1.38 1.49 1.06 1.19 1.11
Net Effect ($1.38) ($1.49) ($1.06) ($1.19) ($1.11)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local government expenditures are affected, as discussed below. This bill
imposes a mandate on a unit of local government.
Small Business Effect: None.
 Analysis
Bill Summary:
Vote-by-mail Ballot Sent to Each Registered Voter
The bill requires each local board of elections to send, by nonforwardable mail, a
vote-by-mail ballot to each individual who was registered to vote as of the 21st day before
the day of each election. The ballots must be mailed between the 18th day and the 14th day
before the day of the election, unless a local board determines that a voter does not receive
daily mail service from the U.S. Postal Service, in which case a ballot must be mailed to
the voter between the 20th day and the 18th day before the day of the election.
The bill includes a vote-by-mail ballot under the definition of “absentee ballot,” under State
election law, making it subject to existing law governing absentee ballots.
Casting a Vote-by-mail Ballot
To vote a vote-by-mail ballot, a voter must mark the ballot, sign the return identification
envelope supplied with the ballot, and comply with the instructions provided with the
ballot, which must include a warning that a person who, by use of force or other means,
unduly influences a voter to vote in any particular manner or to refrain from voting is guilty
of a misdemeanor and subject to a fine, imprisonment, or both.
A voter may return a marked vote-by-mail ballot to a local board of elections by U.S. mail
or by depositing the ballot at the local board office or a location designated by the local
board. Each polling place and early voting center must serve as a location for the return of
vote-by-mail ballots and a local board may designate additional locations. A sign stating
that a location is an official vote-by-mail ballot return site must be prominently displayed
at each location. The State Board of Elections (SBE) must adopt regulations specifying the
dates and times when the return locations will be open (including a minimum of 13 hours,
and until at least 8:00 p.m., on Election Day) and security requirements for the locations.
A vote-by-mail ballot must be received by the local board of elections or deposited at a
return location by the deadline established by SBE by regulation. A voter who is at a return
location by 8:00 p.m. on Election Day must be allowed to deposit the ballot.
Requesting a Replacement Vote-by-mail Ballot
The bill establishes procedures for an individual to request a replacement vote-by-mail
ballot if a ballot mailed to the individual was destroyed, spoiled, lost, or not received by
the voter, including requirements that the local board (1) verify that a vote-by-mail ballot
has not been returned by the voter; (2) note in the election registry that the voter has
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requested a replacement ballot; and (3) mark the return identification envelope to identify
it as a replacement ballot.
Counting of a Vote-by-mail Ballot
A vote-by-mail ballot is counted only if (1) the ballot is returned in the return identification
envelope; (2) the return identification envelope is signed by the voter to whom the ballot
was issued; and (3) the signature is verified by the local board by comparing it with the
signature on the voter’s registration record in accordance with regulations adopted by SBE.
State Board of Elections Regulations
The bill requires SBE to adopt regulations to carry out the bill’s provisions.
Replacement of Voting by Mail in Special Elections
The bill’s provisions replace existing provisions governing voting by mail in special
elections, including provisions allowing for in-person voting to be limited (with a certain
exception in Montgomery County) to as little as one voting center (but open for at least
seven days) in a vote-by-mail special election.
Current Law: State law generally requires establishment and operation of polling places
for elections. Maryland voters also have the option of voting at an early voting center prior
to Election Day or by absentee (mail-in) ballot, as alternatives to voting at a polling place
on Election Day. An individual must request an absentee ballot. In-person early voting at
early voting centers was first implemented in 2010 and “no excuse” absentee voting (not
requiring a reason that a voter cannot vote in person) was first allowed in 2006.
Chapter 677 of 2012 authorized county council special elections in Montgomery County
to be conducted by mail, and Chapters 197 and 198 of 2013 expanded those provisions to
apply to special elections to fill a vacancy in the office of representative in Congress,
special elections to fill a vacancy in a county council, and other specified local special
elections statewide. Pursuant to a constitutional amendment (Chapter 261 of 2014) adopted
by the voters at the November 2014 general election, special elections for a
county executive vacancy may also be conducted by mail.
In a special election conducted by mail, a vote-by-mail ballot is mailed to each registered
voter who is eligible to vote in the special election. The completed ballot must be mailed
by the voter on or before the day of the special election or returned to the local board of
elections office in person by 8:00 p.m. on the day of the special election. At least
one voting center is also made available, in a special election conducted by mail, for those
who choose to vote in person.
HB 153/ Page 3
State and Local Fiscal Effect:
Ballots, Voting System, and Pollbooks
Implementing the bill is expected to have various impacts on State and local election
administration costs. Exhibit 1 estimates some of the larger potential fiscal impacts of the
bill: (1) mailing the vote-by-mail ballots to voters; (2) paying for return postage on those
ballots returned through the mail; and (3) potentially reduced costs for the voting system
and electronic pollbooks resulting from a decrease in in-person voting. The following
assumptions were made in calculating the impacts shown in Exhibit 1:
 in the absence of the bill, mail-in voting consists of 20% of overall turnout in future
elections;
 the per ballot costs to send vote-by-mail ballots to voters, under the bill, are similar
to those paid for the 2020 general election;
 ballot drop boxes are used by voters to return vote-by-mail ballots at a similar rate
as in the 2020 general election (reducing prepaid return postage paid by SBE and
local boards of elections);
 a lower level of in-person voting and/or consolidation of polling places reduces the
need for voting system equipment and electronic pollbooks, reducing the following
contracts/purchases by the following percentages: (1) voting system lease – 12.5%
(beginning in fiscal 2024, as mentioned below); (2) voting system staffing – 20%;
(3) voting system transportation – 20%; and (4) an upcoming new electronic
pollbooks purchase (over the course of fiscal 2022 to 2024) – 20%; and
 the ballot drop boxes purchased in 2020 are used in future elections even in the
absence of the bill, and this bill does not require purchase of additional ballot drop
boxes.
The estimate in Exhibit 1 assumes there is no significant decrease in voting system lease
costs in fiscal 2022 and 2023 (roughly the period that coincides with the recently approved
two-year renewal of the voting system lease), because of uncertainty of whether a reduction
would be possible in those years.
The assumed percentage reductions in contract/purchase costs listed above are intended to
reflect an approximately 25% decrease in the need for precinct voting system equipment
and electronic pollbooks but reflect more conservative cost reduction assumptions in order
to account for the possibility that costs do not decrease proportionally with the decrease in
equipment, particularly in the case of the voting system lease, which consists of more than
just the precinct voting equipment.
HB 153/ Page 4
 Exhibit 1
Ballots, Voting System, and Pollbooks
($ in Millions)
State/
Category Local Cost FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Sending of Vote-by-mail Ballots 50/50 $3.62 $3.69 $3.60 $3.71 $3.81
Prepaid Return Postage 50/50 0.11 0.27 0.20 0.35 0.11
Voting System Lease 50/50 (0.71) (0.71) (0.71)
Voting System Staffing 50/50 (0.64) (0.64) (0.64) (0.64) (0.64)
Voting System Transportation 50/50 (0.34) (0.34) (0.34) (0.34) (0.34)
New Pollbooks Local (1.95) (1.49) (1.13)
Net Impact $0.81 $1.49 $0.98 $2.38 $2.23
Net General Fund Impact 1.38 1.49 1.06 1.19 1.11
Net Local Impact (0.57) 0.00 (0.08) 1.19 1.11
Other Local Impacts
Local boards of elections are expected to experience other fiscal impacts beyond those
accounted for above, including increased personnel and mailing costs to issue replacement
ballots and to canvass the vote-by-mail ballots, as well as potential costs of
equipment/technology (including for signature verification) and building space to manage
the significant volume of vote-by-mail ballots. These costs could not be quantified on a
statewide basis for this estimate. Offsetting savings may also be realized, from reduced
in-person voting costs to the extent a lower volume of in-person voting or consolidation of
polling places reduces election judge and other costs.
Of a small number of counties contacted, estimates of increased personnel costs from
Allegany, Frederick, and Talbot counties ranged from $5,000 to $65,000 for a single
election. Montgomery County indicated it would incur more significant costs. The county’s
costs for temporary staff and overtime in fiscal 2021 (for the 2020 general election) totaled
almost $800,000 more than budgeted. The county expects to incur a cost increase equal to
at least some portion of that fiscal 2021 increase (likely several hundred thousand dollars)
as a result of this bill, when compared to the level of mail-in voting expected in the absence
of this bill, as well as increased postage costs associated with issuing replacement ballots.
The extent to which election judge costs and other in-person voting costs may decrease for
jurisdictions under the bill is uncertain. Based on the responses of the counties contacted,
in at least some counties, reductions in in-person voting costs may offset a significant
portion of increased personnel and mailing costs associated with issuing replacement
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ballots and canvassing the vote-by-mail ballots, but it is unclear how consistently that
would occur across all counties.
Special Elections
Exhibit 1 and the discussion of other local impacts above do not account for any special
elections that might occur in the future, but similar impacts as those discussed above would
apply to special elections, of increased costs to send vote-by-mail ballots and pay for return
postage, potentially offset by some decrease in in-person voting costs. The bill does also,
by replacing the current “voting by mail in special elections” law, eliminate the option
available under current law to hold a special election with very limited in-person voting (as
little as a single voting center), which allows for a greater reduction in in-person voting
costs to offset the increase in mail-in voting costs of a vote-by-mail election.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): State Board of Elections; Allegany, Carroll, Frederick,
Montgomery, Talbot, and Wicomico counties; Department of Legislative Services
Fiscal Note History: First Reader - January 25, 2021
rh/hlb Revised - Correction - May 10, 2021
Analysis by: Scott D. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 153/ Page 6


Statutes affected:
Text - First - Election Law - Elections by Mail: 1-101 Election Law, 9-501 Election Law, 9-502 Election Law, 9-503 Election Law, 9-504 Election Law, 9-505 Election Law, 11-101 Election Law