HB 1140
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1140 (Delegate Arentz)
Ways and Means
Election Law - Voter Registration List - Right to Nondisclosure of Personal
Information
This bill requires the State Board of Elections (SBE) to, by regulation, establish a process
by which an individual may opt out of the disclosure of specified information in the
individual’s voter registration record (name, address, party affiliation, voting history, and
any other personal information) to any person other than an employee or a vendor of SBE
or a local board of elections. If an individual has opted out of disclosure of that information,
it may not be disclosed under provisions allowing a Maryland registered voter to request a
copy of a list of registered voters.
Fiscal Summary
State Effect: The bill is not expected to materially affect State finances.
Local Effect: Local government expenditures increase, collectively, by approximately
$12,000 in FY 2022 only. Revenues are not affected.
Small Business Effect: None.
Analysis
Current Law: A copy of a list of registered voters must be provided to a Maryland
registered voter who submits a written application and a statement, signed under oath, that
the list is not intended to be used for commercial solicitation or any other purpose not
related to the electoral process. SBE must adopt regulations, in consultation with the local
boards of elections, which establish specified procedures and requirements to govern the
process of providing a copy of a list of registered voters to a Maryland registered voter.
The regulations must specify, among other things, that the residence address of an
individual who is a participant in an address confidentiality program (specified programs
for victims of domestic violence and victims of human trafficking) may not be disclosed.
SBE regulations require that the application form to obtain a voter registration list provide
a listing of, among other things, the information options available. Examples of information
options mentioned in the regulations include name, address, party affiliation, date of birth,
and voting history.
Voter registration records stored and retained in a local board of elections office must be
open to public inspection. Subject to address confidentiality program requirements and
special orders of a local board, original voter registration records must be available for
public inspection at all times when a local board is open. SBE regulations governing the
inspection and copying of public records establish procedures for when and how residence
addresses, telephone numbers, and email addresses contained in registration and other
records may be designated as confidential and precluded from disclosure under the
Public Information Act. Persons entitled to seek confidentiality include law enforcement
personnel, persons being threatened, a victim of or witness to a felony, and others for whom
disclosure poses a threat to the individual’s safety or is likely to lead to an unwarranted and
serious invasion of privacy.
SBE is authorized to exchange data that is not subject to public disclosure under the Public
Information Act with other persons as the State Administrator of Elections determines is
necessary for the sole purpose of maintaining accurate voter registration lists. (Under the
bill this provision is subject to an individual’s ability to opt out of disclosure of personal
information.)
Local Fiscal Effect: Local government expenditures increase, collectively, by
approximately $12,000 in fiscal 2022 only, for programming changes in the statewide voter
registration system to implement the bill’s requirement. Costs of the statewide voter
registration system are billed to the local boards of elections by SBE.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Department of Human Services; Maryland Department of
Transportation; State Board of Elections; Maryland Health Benefit Exchange; Department
of Legislative Services
HB 1140/ Page 2
Fiscal Note History: First Reader - March 8, 2021
rh/hlb
Analysis by: Scott D. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1140/ Page 3


Statutes affected:
Text - First - Election Law - Voter Registration List - Right to Nondisclosure of Personal Information: 3-101 Election Law, 3-101.1 Election Law, 3-506 Election Law