HB 1068
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 1068 (Delegate Feldmark)
Ways and Means Education, Health, and Environmental Affairs
Election Law – Absentee Ballot Canvassing – Multiple Ballots Cast by an
Individual
This bill requires a local board of elections – if the local board receives a legally sufficient
absentee ballot and a provisional ballot from the same individual – to count the absentee
ballot and reject the provisional ballot. The bill takes effect June 1, 2021.
Fiscal Summary
State Effect: None. The bill does not directly affect State finances.
Local Effect: None. The bill does not directly affect local government finances.
Small Business Effect: None.
Analysis
Current Law: State law requires a local board of elections to reject a provisional ballot if
the individual cast more than one ballot for the same election. Under provisions governing
canvassing of absentee ballots, State law requires a local board of elections – if the local
board receives more than one legally sufficient ballot, in separate envelopes, from the same
individual – to count only the ballot with the latest properly signed oath and reject any
other ballot.
Pursuant to State Board of Elections regulations, if an absentee ballot and provisional ballot
are received from the same individual, a local board of elections must reject both ballots.
Emergency regulations in effect during the 2020 general election, that have since expired,
required a local board, if an absentee ballot and provisional ballot were received from the
same individual, to reject the provisional ballot.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Montgomery, Washington, and Worcester counties; Department
of Legislative Services
Fiscal Note History: First Reader - February 21, 2021
rh/hlb Third Reader - March 18, 2021
Analysis by: Scott D. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1068/ Page 2

Statutes affected:
Text - First - Election Law – Absentee Ballot Canvassing – Multiple Ballots Cast by an Individual: 11-302 Election Law
Text - Third - Election Law – Absentee Ballot Canvassing – Multiple Ballots Cast by an Individual: 11-302 Election Law