SB 949 Maryland Senate · 2026 Regular Session

Election Law - Absentee Ballots - State and Federal Requirements

SB 949 requires Maryland's State Administrator of Elections to create a uniform policy for counting absentee ballots in federal elections if a federal court order overrides state rules about ballot deadlines. This policy ensures votes for state and local contests on absentee ballots mailed by election day (with a postmark) and received on time will still be counted, even if federal court action changes deadlines for federal contests. The bill also mandates that voters receive clear notices about both federal and state ballot deadline requirements through multiple channels (like mail, social media, and ads), encouraging them to return ballots at least one week before election day or use official drop boxes. The law applies only to the 2026 and 2028 primary and general elections.

Bill status signed all 5 stages cleared

Introduction

Feb 2026

Committee Review

Apr 2026

Senate Passage

Apr 2026

House of Delegates Passage

Apr 2026

Signed into Law

May 2026

Introduced Feb 6, 2026 Signed May 12, 2026

Maddy AI version diff · 1 comparison

What changed between versions

First - Election Law - Canvassing of Absentee Ballots - Preemption by Federal Judicial Action → Third - Election Law - Absentee Ballots - State and Federal Requirements · 4 edits

MODERATE

The bill was amended to broaden its scope from addressing only federal judicial preemption to establishing a comprehensive set of state and federal requirements for absentee ballots. Key substantive changes include renaming 'absentee ballots' to 'mail-in ballots' in public communications, defining internet-delivered ballots as 'print-at-home ballots,' and setting specific deadlines for counting ballots received by mail. The bill also clarifies that ballots failing to meet these state requirements cannot be counted.

Scope change

The bill's scope expanded from a narrow focus on federal court preemption to a broader framework governing both state and federal timeliness requirements for absentee ballots.

DEFINITION

The bill now requires state and local election boards to refer to traditional absentee ballots as 'mail-in ballots' and internet-delivered ballots as 'print-at-home ballots' in all public communications.

REQUIREMENT

New provisions establish specific deadlines for counting ballots: those received at early voting centers or drop boxes before polls close, and those received by mail at a local board office no later than 10 a.m. on the second Friday after an election if mailed on or before election day.

The bill explicitly states that absentee ballots not meeting the established timeliness requirements are not timely and may not be counted.

ELIGIBILITY

The bill was updated to apply to both state and federal requirements, rather than solely focusing on scenarios where federal court actions preempt state regulations.

Floor votes · Senate Mar 25, 2026 · House of Delegates Apr 2, 2026

How they voted

37–10

Passed · 2 other

Total votes 49

Mar 25, 2026

D Democratic36

35 Yea 1

97% Yea

R Republican13

2 Yea 10 Nay 1

76% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 12, 2026

Signed into law

Approved by the Governor - Chapter 440

executive

Apr 13, 2026

Upper · Passed

Returned Passed

upper

Apr 13, 2026

Lower · Passed

Favorable Adopted

lower

Apr 13, 2026

Lower · Passed

Favorable Report by Government, Labor, and Elections

lower

Apr 13, 2026

Committee

Rereferred to Government, Labor, and Elections

lower

Apr 13, 2026

Committee

Referred Rules and Executive Nominations

lower

Apr 13, 2026

Upper · Passed

Third Reading Passed

upper

Apr 10, 2026

Upper · Passed

Motion Laid Over (Senator Jennings) Adopted

upper

Apr 10, 2026

Upper · Passed

Favorable with Amendments {

upper

Apr 10, 2026

Upper · Passed

Favorable with Amendments Report by Education, Energy, and the Environment

upper

Apr 2, 2026

House Of Delegates · Passed

House of Delegates Vote: pass (97-36-9)

house of delegates

Mar 25, 2026

Senate · Passed

Senate Vote: pass (37-10-2)

senate

Feb 6, 2026

Committee

First Reading Education, Energy, and the Environment

upper

1 primary · 0 co-sponsors