SB 838
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 838 (Senator Ready, et al.)
Education, Health, and Environmental Affairs
Election Law – Polling Places – Proof of Identity
This bill establishes a requirement that a voter present one of various forms of identification
in order to vote a regular ballot and that an election judge read a voter’s name aloud. A
voter who is unable to provide identification or indicates a change of residence must vote
a provisional ballot. The bill also prohibits willfully and knowingly voting or attempting
to vote under a false form of identification, with violations subject to existing criminal
penalties.
Fiscal Summary
State Effect: General fund expenditures increase significantly in FY 2022 through 2025
for voter outreach. Costs may total at least $500,000 each year; however, local boards of
elections are expected to be responsible for a portion of the cost. Voter outreach costs
diminish beyond FY 2025. The bill’s criminal penalty provisions are not expected to
materially affect State finances.
Local Effect: Local government expenditures may increase due to costs associated with
voter outreach, additional election judges and equipment, and additional provisional
ballots. The bill’s criminal penalty provisions are not expected to materially affect local
government finances. This bill may impose a mandate on a unit of local government.
Small Business Effect: None.
Analysis
Bill Summary: The allowable forms of identification under the bill are:
a current government-issued photo identification;
a utility bill, bank statement, government check, paycheck, or any other government
document that shows the voter’s name and address and is dated within three months
before the election;
a voter notification card; or
the specimen ballot mailed to the voter by a local board of elections.
Current Law: For each individual who seeks to vote, an election judge has to:
locate the voter’s name in the election register or inactive list;
establish the voter’s identity by requesting that the voter state their month and day
of birth and comparing the response to the information in the election register;
verify the address of the voter’s residence, unless the voter’s personal information
has been deemed confidential by the local board, in which case an alternative
verification method, established by the State Board of Elections, must be conducted;
and
have the voter sign a voting authority card.
Upon completion of those procedures, a voter is entitled to vote a regular ballot. If a voter’s
name is not found on the election register or the inactive voter list, the voter is referred to
vote a provisional ballot.
State Expenditures: General fund expenditures are expected to increase significantly in
fiscal 2022 to conduct voter outreach regarding the voter identification requirement prior
to the 2022 gubernatorial primary election. Costs of voter outreach in fiscal 2022 may total
at least $500,000. It is expected that local boards of elections will be responsible for part
of the cost of a voter outreach campaign, but how the cost will be shared by the State and
local boards is uncertain. Significant voter outreach costs will likely also be incurred in
fiscal 2023 through 2025 for outreach prior to the gubernatorial general election and
2024 presidential elections but will subsequently diminish as voters become more
accustomed to the requirement.
Efforts to redevelop election judge procedures, training materials, and polling place signs,
and to train local board staff, are assumed to be absorbable within existing resources.
Local Fiscal Effect: Expenditures are expected to increase for local boards of elections
for the 2022 gubernatorial primary election and future elections to account for costs such
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as voter outreach, training and compensation of additional election judges, additional
election judge equipment, and/or additional provisional ballot materials and canvassing
(personnel) costs. Based on information provided by a small number of counties, costs may
vary from relatively minimal costs in some counties to more significant costs in others,
depending on a county’s approach to implementation of the bill’s requirement.
Washington County, for past legislation requiring identification to be presented when
voting in person, estimated that it would incur costs of $233,000 in the first year, and costs
of approximately $150,000 in future years. The estimate accounted for (1) a part-time
employee to handle processing, after an election, of provisional ballots voted by voters
without identification, and to handle ongoing voter education efforts ($45,000);
(2) a pre-election mailing to voters ($70,000); (3) compensation and training for
two additional election judges at each polling place, a greeter judge and check-in judge, to
alleviate any effect the identification requirement might have on voter wait times
($22,500); (4) voter education media advertisements ($5,000); and (5) one additional
pollbook and pollbook printer at each polling place for the additional check-in judge (a
one-time cost of $90,500). Worcester County also indicated a need for additional election
judges ($14,000), pollbooks and pollbook printers (a one-time cost of $38,000), and
clerical assistance ($800) (to assist with verifying identification of provisional voters after
the election – those who did not have identification when voting in person).
Additional Information
Prior Introductions: HB 1094 of 2014 received a hearing in the House Ways and Means
Committee, but no further action was taken.
Designated Cross File: None.
Information Source(s): State Board of Elections; Charles, Frederick, Washington, and
Worcester counties; Department of Legislative Services
Fiscal Note History: First Reader - March 2, 2021
rh/hlb
Analysis by: Scott D. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 838/ Page 3
Statutes affected: Text - First - Election Law – Polling Places – Proof of Identity: 10-310 Election Law, 16-201 Election Law