Title
Elections - Mail-in Voting - For the purpose of replacing the entire Annapolis City Code chapter on absentee voting with state-required mail-in voting standards set in the Election Law Article of the Maryland Code; and generally related to mail-in voting.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 18-24
Introduced by: Mayor Buckley
Referred to:
Rules and City Government Committee
AN ORDINANCE concerning
Elections - Mail-in Voting
FOR the purpose of replacing the entire Annapolis City Code chapter on absentee voting with state-required mail-in voting standards set in the Election Law Article of the Maryland Code; and generally related to mail-in voting.
BY repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2024 Edition:
4.28 - Absentee Voting
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that:
1. The Absentee Voting Elections Chapter in the Elections Title of the City Code, § 4.28, is hereby repealed in its entirety; and
2. The following provisions are hereby enacted as the new Chapter 4.28 of the Elections Title, to ensure compliance with the state's election law regarding absentee ballots and mail-in voting.
Title 4 - ELECTIONS
Chapter 4.28 - Mail-in Voting
4.28.010 - Mail-in Voting Allowed.
A. A registered voter may vote by mail in municipal elections unless preempted under an applicable state or federal law.
B. The circumstances and criteria for municipal mail-in voting are established in this chapter.
1. This chapter deals with municipal elections of the City.
2. The term “mail-in voting” in this chapter may also be referred to as absentee voting in the other chapters and titles of the City Code and/or the City Chapter.
4.28.020 - Board Duties
A. Application Form.
1. The Board shall prescribe all forms of the municipal mail-in ballot application, envelopes, instructions, and other forms as may be required.
2. On the application, the Board may require the voter to furnish information from which eligibility may be verified.
B. Documentation.
1. The Board shall prescribe all documentation required to comply with this chapter, including but not limited to provisional ballots, related affidavits, statements, or other documents required by the Board.
2. The Board shall maintain a complete record of mail-in voting in the City, including:
a. The date and time of the Board’s receipt of an application for a mail-in ballot;
b. The action taken concerning the application;
c. The appropriate ballot style;
d. The date of issuance of a ballot;
e. If mailed, the address to which the ballot is sent;
f. The date and time of the receipt of a voted mail-in ballot; and
g. Any other information specified by the State Board.
3. All voters' applications, medical certificates, notarial affidavits, certifications, ballot envelopes, and ballots, and all required documentation shall be kept separate and apart from ballots cast at the regular voting places and retained for five years after the date of election at which they were cast, unless, before that time, the Board is ordered by a court of competent jurisdiction to keep the same for any more extended period.
C. Instructions.
1. The Board shall prescribe printed instructions for mail-in ballots.
2. The Board-approved mail-in ballot application shall include instructions explaining the process for marking and returning a completed mail-in ballot if the voter chooses to receive a mail-in ballot by U.S. mail or in person.
3. The outgoing envelope shall include a prominently placed statement requesting that the recipient return the mail-in ballot to the Board if the intended recipient no longer lives at that address.
D. Application Review.
1. The Board shall review mail-in voting applications for completeness.
2. Reviewers may include:
a. Any member of the Board;
b. The Board's designated staff.
3. If an application is rejected, the Board member or their designee shall notify the applicant of the reason for the rejection if it determines, upon inquiry, that the applicant is not qualified legally to vote at the election as a mail-in voter.
4. The applicant shall be notified of the rejection and reasons for rejection as soon as practicable.
E. Contests and Appeals.
1. The board shall decide on contests relating to registration, voting or the validity of any mail-in ballot.
2. No registration shall be denied, and no ballot shall be rejected except by a unanimous vote of the Board members present and voting, provided at least two members are present and are not of the same major political party.
4.28.030 - Application Process.
A. Application Mailed to All Registered Voters. All City of Annapolis registered voters will be mailed a mail-in ballot application.
B. Request Allowed.
1. A City of Annapolis registered voter may request a mail-in ballot application from the Board of Supervisors of Elections.
2. The request shall be by:
a. Mail; or
b. In person at the Board office.
C. Request by Mail.
1. Requirements. A request for a mail-in ballot may be made by either:
a. The Board-approved mail-in ballot application sent to registered voters; or
b. A request written by the voter that includes:
i. the voter's name, residence address, and signature; and
ii. the address to which the ballot is to be mailed, if different than the residence address.
2. Deadlines.
a. Application Request. The Board must receive the mail-in ballot application request no later than the Tuesday before the election.
b. Voted Ballot. The voted mail-in ballot must be postmarked on or before Election Day and received by the Board by 10:00 a.m. on the Tuesday following Election Day.
c. Any mail-in ballot not received per this subsection shall not be counted.
D. In-person Request.
1. Requirements. In-person requests for a mail-in ballot shall be made by the voter or the voter’s duly authorized agent, per § 4.28.040.
2. Deadlines.
a. Application Request. The request shall be made at the City election office no later than the closing of the polls on Election Day.
b. Application Return.
i. the application can be returned to the Board in person.
ii. if deemed complete, the applicant can receive a mail-in ballot to be filled in immediately at the Board office and given to an election official.
c. Voted Ballot. The Board shall have a list of ballot drop box locations, and the voted ballot can be:
i. inserted into a ballot drop box by the close of the polls; or
ii. submitted via the U.S. Postal Service and must be postmarked by the election date.
E. In-person Voting. The voter shall not vote in person at any polling place once the Board approves their mail-in ballot application.
4.28.030 - Ballots.
A. Marking the Ballot.
1. Mail-in ballots may be marked by pencil or ink.
2. The intention of the voter must be clearly demonstrated on the mail-in ballot.
B. Multiple Ballots.
1. Issuing Ballots. Not more than one mail-in ballot may be issued to a voter unless the election official of the Board has reasonable grounds to believe that a mail-in ballot previously issued to the voter has been lost, destroyed, or spoiled.
2. Counting Multiple Ballots Prohibited.
a. If more than one ballot is received from the same individual in separate envelopes, the Board shall count the first ballot from the individual determined to be legally sufficient and reject any other ballot.
b. The Board shall reject a mail-in ballot if the Board receives more than one ballot from the same individual in the same ballot envelope for the same election. Both ballots shall be rejected.
4.28.040 - Assistance Allowed.
A. Duly Authorized Agent to Obtain and Deliver the Ballot Application.
1. A qualified applicant may designate a duly authorized agent to pick up and deliver a mail-in ballot.
2. A duly authorized agent for a voter for the purposes of this chapter:
a. Must be at least 18 years old;
b. May not be a candidate on that ballot;
c. Shall be designated in writing and signed by the voter under penalty of perjury.
d. May be an agent for only one voter per election.
3. The applicant must complete a designated agent form provided by the Board as part of the mail-in ballot application or request the form from the Board.
4. The agent shall execute an affidavit under penalty of perjury that the ballot was:
a. Delivered to the voter who applied;
b. Marked and placed in an envelope by the voter, or with assistance as allowed by regulation, in the agent’s presence; and
c. Returned to the Board by the agent.
B. Assistance in Applying and Completing a Ballot.
1. A voter who requires assistance in casting a mail-in ballot because of disability, inability to write, or inability to read the ballot may be assisted by any individual other than:
a. A candidate who is on that ballot;
b. The voter’s employer or an agent of the employer; or
c. An officer or agent of the voter’s union.
2. An individual rendering assistance under this section shall execute a certification as prescribed in the instructions provided by the Board.
4.28.050 - Returning Applications and Ballot, Oath Required
A. Instructions. Instructions for the return envelopes shall accompany the mail-in ballot application and the mail-in ballot.
B. Prepaid Postage. Prepaid postage shall be provided to the voter to return the mail-in ballot application and the mail-in ballot via a method prescribed by the Board.
C. Oath Required on Return Envelopes.
1. A mail-in ballot shall be enclosed in a ballot envelope on which an oath prescribed by the Board has been printed.
2. The envelope must be sealed, and the voter must sign the oath.
4.28.060 - Review of Application and Ballot Envelope for Completeness.
A. Review. The Board shall check mail-in ballot applications and mail-in ballot envelopes for the voters' signature on the oath and completeness.
B. Rejecting Mail-in Ballots.
1. Criteria for Rejection. The Board shall reject a mail-in ballot if the voter failed to sign the oath on the mail-in application or the ballot return envelope.
2. Opportunity to Correct. The Board shall use its best efforts to notify the voter of the ballot envelope error, allow the voter to correct the omission, and have the ballot counted.
a. The Board shall use its best efforts to notify a voter of failure to sign the oath no later than three days after the date the Board found the omission.
b. The voter may supply a signature to the Board through the following methods:
i. mailed form; or
ii. in-person visit to the Board office.
4.28.070 - Penalties.
A. A person violating the sections of this Chapter is guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 1.20, General Penalty and Municipal Infractions.
B. If the person who falsified the ballot is suspected to be an illegal alien, a referral shall be made to the State's Attorney.
C. A person convicted of a violation of this section is ineligible to serve as Mayor, Alderman, election judge, Board member, or employee of the Board for four years following the conviction.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect upon passage.