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Delegates reject tightening absentee-ballot receipt rule; preserve postmark/10‑day approach with bifurcation option
Summary
An amendment that would require mailed absentee/mail‑in ballots be received by polls‑close to be counted for all races failed. Lawmakers instead defended Maryland’s postmarked‑by/evidence process and discussed mechanisms to count state/local races even if federal portions are later disqualified.
The House considered an amendment to a bill on absentee-ballot canvassing that would have required mailed ballots to be received by the close of polls to count in state and federal races. The amendment, offered by the delegate from Carroll County, sought to align state practice with a federal‑timing requirement for mailed ballots.
Supporters of the amendment said it would provide a single, bright‑line rule: ballots must be received by polls‑close. Opponents, including the floor leader, said Maryland’s long‑standing practice — counting ballots postmarked by election day within an extended window to accommodate postal delays — protects voters and avoids disenfranchisement when federal services are slow. The floor leader described Maryland’s 10‑day postmarked‑by window and said bifurcation (counting state/local races even if a federal race must be rejected) was a necessary safeguard should federal court or the U.S. Supreme Court alter federal counting rules.
Delegates also traded practical questions about implementation: whether existing scanning/counting machines can omit federal contests while accepting state races, and the fiscal costs of alternative processes. Testimony cited an initial fiscal estimate of $492,500 for startup with $182,000 in recurring costs for some methods, while other lawmakers said a more comprehensive bifurcation process could cost substantially more depending on the chosen method. The amendment failed on a recorded vote.
Why it matters: The debate shows Maryland wrestling with logistical complexity should federal case law change how late‑arriving ballots are treated, balancing the desire for a single rule against the risk of disenfranchising state voters.
What’s next: The bill was printed for third reading with the House retaining the postmark‑by approach and directing the state board and local election officials to implement procedures if bifurcation is required.
