Processing, counting, and challenging absentee/mail-in ballots in Maryland, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Maryland for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

  • How ballots are processed and counted
  • Whether ballots can be challenged
  • Conditions for rejecting a ballot
  • Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Maryland for the November 2020 election.

Absentee voting in Maryland: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

Oct. 20, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Postmarked

Were there notary or witness requirements?

No requirement


Processing ballots

Officials in Maryland began processing absentee/mail-in ballots on October 1, 2020. As of November 2020, Maryland law included the following provision for processing absentee/mail-in ballots:

“ (a) Following an election, each local board shall meet at its designated counting center to canvass the absentee ballots cast in that election in accordance with the regulations and guidelines established by the State Board.

(b) (1) A local board may not open any envelope of an absentee ballot prior to 8 a.m. on the Wednesday following election day.[2]

”


See law: MD Elec Law Code § 11-302 (2019)

Counting ballots

Officials in Maryland began counting absentee/mail-in ballots on October 1, 2020. As of November 2020, Maryland law included the following provision for counting absentee/mail-in ballots:

“ (a) Following an election, each local board shall meet at its designated counting center to canvass the absentee ballots cast in that election in accordance with the regulations and guidelines established by the State Board.

(b) (1) A local board may not open any envelope of an absentee ballot prior to 8 a.m. on the Wednesday following election day.[2]

”


See law: MD Elec Law Code § 11-302 (2019)

Maryland law included the following provision for who may count absentee/mail-in ballots:

“ (2) Each local board and its staff is subject to the direction and authority of the State Board and is accountable to the State Board for its actions in all matters regarding the implementation of the requirements of this article and any applicable federal law.

(b) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, each local board consists of five regular members.

(ii) Three regular members shall be of the majority party, and two regular members shall be of the principal minority party.

(2) (i) In Prince George’s County, the local board consists of five regular members and three substitute members.

(ii) Four regular members and two substitute members shall be of the majority party, and one regular member and one substitute member shall be of the principal minority party.

(3) (i) In Montgomery County, the local board consists of five regular members and two substitute members.

(ii) Three regular members and one substitute member shall be of the majority party, and two regular members and one substitute member shall be of the principal minority party.[2]

”


See law: MD Elec Law Code § 2-201 (2019)

Maryland law included the following provision for poll watchers:

“ (a) (1) The following persons or entities have the right to designate a registered voter as a challenger or a watcher at each place of registration and election:

(i) the State Board for any polling place in the State;

(ii) a local board for any polling place located in the county of the local board;

(iii) a candidate;

(iv) a political party; and

(v) any other group of voters supporting or opposing a candidate, principle, or proposition on the ballot.

(2) A person who appoints a challenger or watcher may remove the challenger or watcher at any time.

(b) Except as provided in § 10-303(d)(2) of this subtitle and subsection (d) of this section, a challenger or watcher has the right to:

(1) enter the polling place one-half hour before the polls open;

(2) enter or be present at the polling place at any time when the polls are open;

(3) remain in the polling place until the completion of all tasks associated with the close of the polls under § 10-314 of this subtitle and the election judges leave the polling place;

(4) maintain a list of registered voters who have voted, or individuals who have cast provisional ballots, and take the list outside of the polling place; and

(5) enter and leave a polling place for the purpose of taking outside of the polling place information that identifies registered voters who have cast ballots or individuals who have cast provisional ballots.[2]

”


See law: MD Elec Law Code § 10-311 (2019)

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Maryland law included the following provision for challenging ballots:

“ (a) (1) The right of an individual to vote may be challenged at the polls only on the grounds of identity.

(2) An individual whose right to vote is challenged at the polls may establish the individual’s identity by presenting any of the following forms of identification:

(i) the individual’s voter registration card;

(ii) the individual’s Social Security card;

(iii) the individual’s valid Maryland driver’s license;

(iv) any identification card issued to the individual by a political subdivision of the State, the State, the federal government, or any unit of a political subdivision of the State, the State, or the federal government;

(v) any employee identification card of the individual that contains a photograph of the individual and is issued by the employer of the individual in the ordinary course of the employer’s business; or

(vi) a copy of a current bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the individual.[2]

”


See law: MD Elec Law Code § 10-312 (2019)

As of November 2020, Maryland law included the following provision for handling challenged ballots:

“ (3) If an individual establishes the individual’s identity under paragraph (2) of this subsection, an election judge shall authorize the individual to vote a regular ballot.

(b) A challenge to an individual’s right to vote shall be made before the individual is issued a ballot or a voting authority card.

(c) If a challenge is made, and the challenged individual does not present any of the forms of identification specified under subsection (a)(2) of this section, the election judge receiving the challenge shall:

(1) require the challenger to provide in writing, under penalty of perjury, the reasons for the challenge;

(2) offer the challenged individual the opportunity to:

(i) cast a provisional ballot; and

(ii) submit an attestation, witnessed by the election judge, of the individual’s identity; and

(3) submit the provisional ballot and other materials related to the challenge to the local board.

(d) During the canvass of provisional ballots, the local board shall determine, based on the information submitted by the challenger and the challenged individual, whether the challenged individual is:

(1) the registered voter he or she claims to be; and

(2) otherwise qualified to vote.[2]

”


See law: MD Elec Law Code § 10-312 (2019)

Rejecting ballots

As of November 2020, Maryland law included the following provision for rejecting absentee/mail-in ballots:

“ (3) The local board shall reject an absentee ballot if:

(i) the voter failed to sign the oath on the ballot envelope;

(ii) the local board received more than one ballot from the same individual for the same election in the same ballot envelope; or

(iii) the local board determines that an absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.[2]

”


See law: MD Elec Law Code § 11-302 (2019)

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]

As of November 2020, Maryland law included the following provision for curing ballots:

“ (a) A candidate or absentee voter aggrieved by the decision of a local board to reject, or not to reject, an absentee ballot shall have the right of appeal to the circuit court for the county.

(b) The appeal must be filed within 5 days from the date of the completion of the official canvass by the board of all the votes cast at the election.

(c) The appeal shall be heard de novo, without a jury, as soon as possible.

(d) (1) The decision of the circuit court may be appealed to the Court of Special Appeals, provided the appeal is taken within 48 hours from the entry of the decision of the circuit court.

(2) The appeal shall be heard and decided on the original papers, including a written transcript of the testimony taken in the case.

(3) The original papers and the transcript shall be transmitted to the Court of Special Appeals within 5 days from the taking of the appeal, and the appeal shall be heard as soon as possible.[2]

”


See law: MD Elec Law Code § 11-304 (2019)

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

More frequently asked questions about the 2020 election

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See also


Footnotes

  1. ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
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