HB 1048
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
House Bill 1048 (Delegate Wilkins)
Ways and Means Education, Health, and Environmental Affairs
Election Law - Voting - Permanent Absentee Ballot List, Ballot Drop Boxes, and
Reports
This bill allows for a voter to request permanent absentee ballot status and be placed on a
permanent absentee ballot list. A local board of elections must send an absentee ballot to
each voter on the permanent absentee ballot list each time there is an election. Among other
provisions, the bill also (1) requires that an absentee ballot application be sent to each
eligible voter (with the exception of voters with permanent absentee ballot status) before
the statewide primary election in 2022 and 2024; (2) establishes provisions governing
ballot drop boxes; and (3) requires specified reports. The bill takes effect June 1, 2021.
Fiscal Summary
State Effect: Under one set of assumptions, general fund expenditures increase by
$294,000 in FY 2022 and by additional amounts in future years. In-person voting costs
may decrease in future years as discussed below. Revenues are not materially affected.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 294,000 239,000 423,000 369,000 217,000
Net Effect ($294,000) ($239,000) ($423,000) ($369,000) ($217,000)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local government expenditures increase by a significant amount. In-person
voting costs may decrease in future years as discussed below. Revenues are not affected.
This bill imposes a mandate on a unit of local government.
Small Business Effect: None.
 Analysis
Bill Summary:
Permanent Absentee Ballot List
Request for Permanent Absentee Ballot Status
The bill establishes that all voters are eligible for permanent absentee ballot status. To
request permanent absentee ballot status a voter must complete and submit (1) the State
Board of Elections (SBE)-approved absentee ballot application and indicate on the form
that the voter wishes to have permanent absentee ballot status; (2) a written request that
includes the voter’s name, residence address, and signature; or (3) the online absentee
ballot application provided by SBE and indicate on the form that the voter wishes to have
permanent absentee ballot status. A voter may apply for permanent absentee ballot status
at any time; however, a voter who requests permanent absentee ballot status may not
receive an absentee ballot for the next election if the request is made after the applicable
absentee ballot application deadline for that election.
A voter must specify in an absentee ballot application in which the voter requests
permanent absentee ballot status (1) the method by which the voter chooses to receive an
absentee ballot (mail, facsimile transmission, or the Internet) and (2) the method by which
the voter chooses to be contacted by SBE before each election (nonforwardable mail, email,
or text message), as discussed below.
A voter who uses the online absentee ballot application to request permanent absentee
ballot status or who uses any method to request to receive a blank absentee ballot through
the Internet must provide specified identifying information.
Addition to Permanent Absentee Ballot List
A voter who submits a proper request for permanent absentee ballot status must be placed
on the permanent absentee ballot list, and a local board of elections must send an absentee
ballot to each voter on the permanent absentee ballot list each time there is an election.
Communication before Each Election
Not less than 75 days before the day on which a local board of elections begins to send
absentee ballots to voters, SBE must send a written communication to each voter who is
on the permanent absentee ballot list as of a date that is at least 90 days before the upcoming
election, using the method chosen by the voter on their absentee ballot application. The
communication must include (1) confirmation that the voter is included on the permanent
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absentee ballot list; (2) the address of the voter; (3) the method by which the voter has
chosen to receive an absentee ballot; and (4) a statement that the voter must notify the local
board if anything should be changed. If SBE is unable to contact a voter using the method
of communication chosen by the voter, SBE must send the written communication using
another method if the board has other contact information for the voter. If the
communication is sent by mail, the envelope must include a statement, prominently placed,
requesting that the recipient return the communication to SBE if the intended recipient no
longer lives at that address.
Removal from Permanent Absentee Ballot List
A voter who has permanent absentee ballot status must be removed from the permanent
absentee ballot list if (1) the voter requests to be removed; (2) the voter is removed from
the statewide voter registration list; (3) the voter fails to return an absentee ballot for
two consecutive statewide general elections; or (4) any mail sent to the voter by SBE or a
local board is returned undeliverable.
Changes in a Voter’s Address or Method of Receipt of an Absentee Ballot
A voter who has permanent absentee ballot status must notify the local board if (1) the
voter no longer wishes to have permanent absentee ballot status; (2) the address to which
the voter’s absentee ballot should be sent has changed; or (3) the voter wishes to receive
an absentee ballot by a different method from the method previously indicated by the voter.
If the voter registration address of a voter who has permanent absentee ballot status
changes, the local board of elections must enclose with the confirmation notice sent to the
voter a notification that (1) the voter remains included on the permanent absentee ballot
list and (2) the voter’s absentee ballot will be sent to the voter’s new address.
State Board of Elections Guidelines
The bill requires that guidelines established by SBE for the administration of absentee
voting by the local boards of elections provide for the permanent absentee ballot list.
Statement Included on Absentee Ballot Application
The bill requires that the State-approved absentee ballot application include a statement
explaining the process for returning a completed absentee ballot if the voter chooses to
receive an absentee ballot by facsimile transmission or the Internet.
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Statement Included on Outgoing Absentee Ballot Envelope
The bill requires that the outgoing envelope of an absentee ballot sent by mail include a
statement, prominently placed, requesting that the recipient return the absentee ballot to
the local board if the intended recipient no longer lives at that address.
Absentee Ballot Application Sent to Each Eligible Voter
The bill requires a local board of elections to send the SBE-approved absentee ballot
application to each eligible voter, with the exception of voters who have permanent
absentee ballot status, at least 60 days before the statewide primary election in 2022 and
2024.
Ballot Drop Boxes
“Ballot drop box” means a secure, durable, and weatherproof container that is officially
designated by a local board or SBE exclusively for voters to deposit election-related
materials in person, including absentee ballots, absentee ballot applications, and voter
registration applications.
Locations
The bill requires a local board to consider the following factors when determining the
location of a ballot drop box:
 the accessibility of the ballot drop box to historically disenfranchised communities,
including voters with disabilities, cultural groups, ethnic groups, and minority
groups;
 proximity of the ballot drop box to dense concentrations of voters;
 accessibility of the ballot drop box by public transportation;
 equitable distribution of ballot drop boxes throughout the county; and
 maximizing voter participation, including through placement of ballot drop boxes
at community centers and public gathering places.
A local board must designate locations in the county at which a ballot drop box will be
placed in accordance with those factors and must submit the proposed locations to the State
Administrator of Elections for approval. The State Administrator must approve a ballot
drop box location that meets the factors established above. If a proposed ballot drop box
location does not meet the factors, the State Administrator must (1) require that the local
board reconsider the proposed location for one or more ballot drop boxes and (2) provide
to the local board a detailed explanation of why the proposed location does not meet the
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factors. If the State Administrator finds that the proposed ballot drop box locations
submitted to the State Administrator after reconsideration by the local board do not meet
the factors, the State Administrator may add ballot drop box locations in the county.
Security
A local board must ensure the security of ballot drop boxes, including through
(1) monitoring by security cameras at all times and (2) periodic in-person visits by
appropriate personnel. A local board must have immediate access, or access within a
reasonable amount of time, to a security camera used for monitoring a ballot drop box.
Removal of Election-related Materials
SBE must establish chain of custody procedures governing removal of election-related
materials from ballot drop boxes and the return of the materials to the local board. Except
as otherwise provided in law, a local board must remove the election-related materials from
each ballot drop box at least once each day that the ballot drop box is open in accordance
with the chain of custody procedures.
Canvassing, Electioneering, and Campaign Material
The bill prohibits a person from (1) canvassing, electioneering, or posting any campaign
material in a manner that obstructs access to a ballot drop box or (2) placing any campaign
material or any other unauthorized material on a ballot drop box. A person who violates
these prohibitions is guilty of a misdemeanor and subject to a fine of at least $50 and up to
$500 and/or imprisonment for up to 60 days.
Usability Review of Mail-in Voting Materials and Forms
By August 1, 2021, SBE must contract with a usability consultant to review all the public
informational materials and forms related to mail-in voting produced by SBE. By
December 1, 2021, the consultant must make specified recommendations to SBE regarding
ways the materials and forms could be made more usable, especially by socioeconomically
diverse communities. By February 1, 2022, SBE must submit a report to the Senate
Education, Health, and Environmental Affairs Committee and the House Committee on
Ways and Means that includes the recommendations submitted by the consultant and the
actions SBE has taken or plans to take to implement the recommendations.
Report on Voting in Precinct Polling Places
By January 15, 2023, SBE must submit to the Senate Education, Health, and Environmental
Affairs Committee and the House Committee on Ways and Means a report on the number
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of voters who voted in each precinct polling place in the State in the primary election and
the general election in the years 2018, 2020, and 2022.
Current Law: An individual may vote by absentee (mail-in) ballot except to the extent
preempted by federal law. An absentee ballot may be requested in writing (there are State
and federal forms that can be used) or online through the SBE website. The voter may
choose to receive the ballot by mail, by fax, through the Internet, or by hand at a local board
of elections office. The voter may return the ballot by (1) mailing it, postmarked on or
before Election Day or (2) delivering it in person to an early voting center or to the
local board of elections or an Election Day polling place by the close of polls on
Election Day.
A voter who uses the online absentee ballot application to request that an absentee ballot
be sent by any method or who uses any method to request to receive a blank absentee ballot
through the Internet must provide:
 a Maryland driver’s license number or Maryland identification card number, the
last four digits of the applicant’s Social Security number, and other information
identified by SBE that is not generally available to the public but is readily available
to the applicant; or
 if the applicant is an absent uniformed services voter or overseas voter as defined in
the Uniformed and Overseas Citizens Absentee Voting Act or a voter with a
disability and does not have a Maryland driver’s license or Maryland identification
card, the last four digits of the applicant’s Social Security number.
State and Local Fiscal Effect: State general fund expenditures and local government
expenditures increase as shown in Exhibit 1, beginning in fiscal 2022, due to the costs of
(1) sending mail-in ballot applications to each eligible voter prior to the statewide primary
elections in 2022 and 2024; (2) a data processing center to assist local boards of elections
in processing a higher volume of mail-in ballot applications before the statewide primary
elections in 2022 and 2024; (3) increased mail-in voting; (4) sending a written
communication to each voter on the permanent absentee ballot list before each election;
(5) programming of the statewide voter registration system to incorporate changes needed
to implement the permanent absentee ballot list; (6) hiring an additional staff person within
SBE; and (7) the required usability review. Additional local costs, that have not been
quantified statewide, are also incurred, as discussed below. The estimated costs in Exhibit 1
assume that:
 the number of voters on the permanent absentee ballot list is in the range of 250,000
after the 2022 primary election, but increases after subsequent elections, reaching
just over 650,000 after the 2024 general election;
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 of the voters on the permanent absentee ballot list, one-third choose to receive the
written communication prior to each election by mail, one-third choose to receive it
by email, and one-third choose to receive it by text message;
 sending mail-in ballot applications to all eligible voters prior to a primary election
increases the percentage of voter turnout that is by mail in a primary election by
15% and those voters choose on their mail-in ballot application to receive a mail-in
ballot by mail, and choose to receive a mail-in ballot for the general election as well
(an existing option on the application) or request permanent absentee ballot status,
also increasing voter turnout for the general election that is by mail;
 an additional staff person is hired within SBE to assist with the implementation of
the bill’s requirements regarding designation of ballot drop box locations, including
the State Administrator’s responsibility to approve ballot drop box locations that
meet the factors established in the bill (SBE has indicated it will need additional
resources for this purpose but cannot indicate at this time whether additional staff,
or contractual services prior to each primary election, will be needed; it is assumed,
for the purposes of this fiscal and policy note, that an additional staff person is
hired);
 the cost of the usability review is similar to the cost of a past usability review; and
 costs of implementing the bill are allocated between SBE and the local boards, as
shown in Exhibit 1, based on the text of the bill and/or current/past practice for those
categories of costs.
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 Exhibit 1
Quantified Costs of the Bill
State/
Category Local Cost FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Sending Local $2,526,000 $2,240,000
applications
Data processing 50/50 140,000 140,000
center*
Increased mail-in 50/50 202,000 $202,000 348,000 $348,000 -
voting**
Written State 50,000 88,000 101,000 $120,000
communications
to permanent
absentee ballot
voters
Programming Local 60,000
SBE staff person State 98,000 88,000 91,000 94,000 97,000
Usability review State 25,000
Total $3,051,000 $340,000 $2,907,000 $543,000 $217,000
State Total $294,000 $239,000 $423,000 $369,000 $217,000
Local Total $2,757,000 $101,000 $2,484,000 $174,000 -
* This represents a minimum cost, based on costs incurred for a data processing center used for the
2020 general election, which partially relied on assistance from other agencies that may not be available in
the future.
** These quantified costs in fiscal 2022-2025 only acc