Bill Summary – FastDemocracy

HB 1345
                                  Department of Legislative Services
                                             Maryland General Assembly
                                                   2021 Session
                                         FISCAL AND POLICY NOTE
                                                First Reader
House Bill 1345                                 (Delegate Kaiser)
Ways and Means
        Mail-In Voting - Certification of Assistance, Design of Materials, and Ballot
                                           Curing
This bill requires the State Board of Elections (SBE) to establish (1) specified consistent
designs for absentee voting materials that must be used by local boards of elections and
(2) specified procedures for a voter to correct a problem with an absentee ballot. The bill
takes effect June 1, 2021.
                                                      Fiscal Summary
State Effect: General fund expenditures increase by at least $100,700 in FY 2022, and by
ongoing amounts in future years, as discussed below. Revenues are not affected.
      (in dollars)               FY 2022                FY 2023               FY 2024               FY 2025                FY 2026
   Revenues                               $0                     $0                     $0                    $0                    $0
   GF Expenditure                    100,700                 91,100                 93,900                97,300               100,700
   Net Effect                     ($100,700)              ($91,100)              ($93,900)             ($97,300)            ($100,700)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local government expenditures may increase, as discussed below. Revenues
are not affected.
Small Business Effect: None.
                                          Analysis
Bill Summary:
Consistent Designs for Absentee Voting Materials
The bill requires SBE to establish consistent designs for absentee voting materials that must
be used by all the local boards of elections. The designs must:
      implement best practices for the use of plain language;
      be updated before each election as appropriate;
      include samples of all absentee voting materials;
      include an envelope template that (1) provides for general consistency in envelopes
       while allowing for some variation due to different printing and mailing requirements
       and (2) incorporates the certification of an individual rendering assistance to a voter
       on the ballot envelope or ballot/return envelope (mentioned below);
      include envelope layout options in which the voter’s signature on the ballot
       envelope or ballot/return envelope is (1) visible on the outside and (2) hidden from
       view; and
      include bilingual envelope layouts for use by a local board that provides absentee
       voting materials in a language other than English.
The bill modifies a requirement that an individual who renders assistance to a voter in
casting an absentee ballot execute a certification, by requiring that the certification be on
the ballot envelope or ballot/return envelope.
Correction of a Problem with an Absentee Ballot
The bill modifies a requirement that an absentee ballot be rejected if the voter failed to sign
the oath on the ballot envelope, so that it instead requires that the ballot be rejected if the
voter failed to sign the oath on the ballot envelope or ballot/return envelope and failed to
correct the omission before the conclusion of the canvass.
The bill requires SBE to adopt regulations requiring a local board to (1) notify a voter of a
problem with the voter’s absentee ballot that would cause the ballot to be rejected but which
is capable of being corrected by the voter and (2) provide the voter an opportunity to correct
the problem and have the ballot counted.
The regulations must allow a voter to (1) supply a signature if the voter failed to sign the
oath on the ballot envelope or ballot/return envelope and (2) choose among multiple
methods of communicating with the local board to correct a problem with the voter’s
HB 1345/ Page 2
absentee ballot, including a text message, an online portal, a mailed form, and an in-person
visit to the local board office.
Current Law:
Absentee (Mail-in) Voting
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 local board of elections may not reject an absentee ballot except by unanimous vote and
in accordance with SBE regulations. A local board must reject an absentee ballot if the
voter failed to sign the oath on the ballot envelope.
Absentee Ballot Envelopes and Instructions
An absentee ballot sent by mail must be enclosed in specially printed envelopes, the form
and content of which must be prescribed by SBE. A local board of elections may use either
two envelopes (“outgoing envelope” and “ballot/return envelope”) or three envelopes
(“outgoing envelope”, “return envelope,” and “ballot envelope”). The ballot/return
envelope or the return envelope must include prepaid postage. An absentee ballot must be
accompanied by instructions, prescribed by SBE, for marking and returning the ballot.
When voted and returned to the local board of elections, an absentee ballot must be
enclosed in a ballot envelope or ballot/return envelope, on which has been printed an oath
prescribed by SBE. If an absentee ballot is sent by the Internet or facsimile transmission,
the local board must provide the voter with an envelope template, the oath prescribed by
SBE, and instructions for marking and returning the absentee ballot.
State Fiscal Effect:
Information Technology Position
General fund expenditures increase by $100,734 in fiscal 2022, which accounts for a
30-day start-up delay. This estimate reflects the cost of hiring an information technology
(IT) programmer within SBE to assist in the development and maintenance of a system that
will meet the bill’s requirements for a voter’s ability to correct a problem with the voter’s
mail-in ballot through text messaging and an online portal. While the system is used by the
HB 1345/ Page 3
local boards of elections to communicate with voters, this estimate assumes a centralized
system is developed by SBE. The additional IT development and maintenance work is not
expected to be able to be absorbed by existing SBE staff. The estimate includes a salary,
fringe benefits, one-time start-up costs, and ongoing expenses.
         Position                                                              1
         Salary and Fringe Benefits                                      $94,989
         Operating Expenses                                                5,745
         Total FY 2022 State Expenditures                               $100,734
Future year expenditures reflect a full salary with annual increases and employee turnover
and ongoing operating expenses.
Mail-in Ballot Envelopes
General fund expenditures may increase annually, beginning in fiscal 2022, to the extent
the bill’s requirements regarding SBE’s designs for mail-in voting materials result in a need
to use larger envelopes, which may increase costs for the envelopes and for postage. Costs
of sending mail-in ballots to voters, and return postage, are shared by SBE and the local
boards of elections. The extent of any increase cannot be reliably estimated at this time.
For context, making certain assumptions, including that 20% of voter turnout in the
2022 elections is by mail, total costs for printing and mailing of mail-in ballots, including
return postage, for the 2022 primary and general elections, are estimated to be $235,000
and $625,000, respectively (split between the State and the local boards). Presumably any
increase in mail-in ballot costs resulting from this bill would be equivalent to a relatively
small fraction of those total amounts.
Local Fiscal Effect: Local government expenditures may increase by an indeterminate
amount, to the extent the bill’s requirements result in a need to use larger envelopes for
mail-in ballots, as discussed above. Local boards share the costs of sending mail-in ballots
to voters, and return postage, with SBE.
The bill’s requirement that SBE adopt regulations requiring a local board to notify voters
of problems with their mail-in ballots that are capable of being corrected is not expected to
materially affect local government finances, assuming a centralized system for
communications by text message and an online portal is developed by SBE, as discussed
above. SBE required local boards, during the 2020 general election, to attempt to contact
voters whose mail-in ballot envelopes were not signed, to the extent practicable, and has
indicated an intent to require local boards to contact voters about unsigned oaths in future
elections, even in the absence of this bill.
HB 1345/ Page 4
                               Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Allegany, Anne Arundel, Harford, Montgomery, and Wicomico
counties; State Board of Elections; Department of Legislative Services
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 1345/ Page 5
Statutes affected: 
Text - First - Mail-In Voting - Certification of Assistance, Design of Materials, and Ballot Curing: 9-308 Election Law, 9-309 Election Law, 9-310.1 Election Law, 11-302 Election Law