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Maryland General Assembly· HB0182Approved by the Governor - Chapter 470 (Chapter 470)

Election Law - Presidential Electors - Selection and Voting, the official text

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WES MOORE, Governor                                   Ch. 470

Chapter 470

                   (House Bill 182)

AN ACT concerning

Election Law – Presidential Electors – Selection and Voting

FOR the purpose of altering the procedures for the selection of presidential elector
         nominees and alternate presidential elector nominees; requiring the State
         Administrator of Elections to preside and serve as secretary at a certain meeting of
         certain presidential electors; altering the procedures for the meeting of presidential
         electors; establishing procedures for the preparation, delivery, signing, and
         transmission of an amended certificate of ascertainment after the vote of the State’s
         presidential electors under certain circumstances; and generally relating to
         presidential electors.

BY repealing
         Article – Election Law
         Section 8–503 through 8–505
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, without amendments,
         Article – Election Law
         Section 1–101(a)
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Election Law
         Section 1–101(ii–2) and (tt–1), 8–504, 8–506, 8–507, and 8–509
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Election Law
         Section 1–101(tt–1) and 8–503 through 8–505
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Election Law
         Section 8–504 and 8–503 through 8–505
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)
         (As enacted by Chapters 43 and 44 of the Acts of the General Assembly of 2007)

                                                           –1–
Ch. 470  2026 LAWS OF MARYLAND

BY repealing
         Chapter 43 and 44 of the Acts of the General Assembly of 2007
         Section 3

BY repealing and reenacting, with amendments,
         Chapter 43 of the Acts of the General Assembly of 2007
         Section 4

BY repealing and reenacting, with amendments,
         Chapter 43 and 44 of the Acts of the General Assembly of 2007
         Section 4 3

BY repealing and reenacting, with amendments,
         Chapter 44 of the Acts of the General Assembly of 2007
         Section 4

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 8–503 through 8–505 of Article – Election Law of the Annotated Code of
Maryland be repealed.

         SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:

         Article – Election Law

1–101.

         (a) In this article the following words have the meanings indicated unless a
different meaning is clearly intended from the context.

        (II–2) “PRESIDENTIAL ELECTOR” MEANS AN ELECTOR FOR PRESIDENT AND
VICE PRESIDENT OF THE UNITED STATES.

(TT–1)   “UNAFFILIATED PRESIDENTIAL CANDIDATE” MEANS A

CANDIDATE FOR PRESIDENT OF THE UNITED STATES WHO QUALIFIES FOR THE

GENERAL ELECTION BALLOT BY MEANS OTHER THAN NOMINATION BY A POLITICAL

PARTY.

        [(tt–1)] (TT–2) “Uniformed services” has the meaning stated in § 9–901 of the
State Government Article.

8–503.

         –2–
WES MOORE, Governor  Ch. 470

        [(a) Each political party shall nominate or provide for the nomination of
candidates for presidential elector of the party in accordance with party rules.

         (b) The number of candidates nominated by each political party shall be the
number that this State is entitled to elect.]

        (A) (1) FOR EACH PRESIDENTIAL ELECTOR, A POLITICAL PARTY
CONTESTING THE POSITION, OR AN UNAFFILIATED PRESIDENTIAL CANDIDATE,
SHALL SUBMIT TO THE STATE BOARD THE NAMES OF TWO QUALIFIED INDIVIDUALS.

                (2) ONE OF THE INDIVIDUALS SHALL BE DESIGNATED
“PRESIDENTIAL ELECTOR NOMINEE” AND THE OTHER “ALTERNATE PRESIDENTIAL
ELECTOR NOMINEE”.

        [(c)] (B) (1) The names and residential addresses of [individuals nominated
as candidates for presidential elector] THE PRESIDENTIAL ELECTOR NOMINEES AND
ALTERNATE PRESIDENTIAL ELECTOR NOMINEES SUBMITTED TO THE STATE BOARD
IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION by a political party shall be
certified to the State Board by the presiding officers of the political party.

                (2) The names and residential addresses of [individuals nominated as
candidates for presidential elector] THE PRESIDENTIAL ELECTOR NOMINEES AND
ALTERNATE PRESIDENTIAL ELECTOR NOMINEES SUBMITTED TO THE STATE BOARD
IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION by a candidate for President
of the United States who is nominated by petition shall be certified to the State Board by
the candidate.

                  (3) The NOMINEES FOR PRESIDENTIAL electors AND ALTERNATE
PRESIDENTIAL ELECTORS shall be certified to the State Board at least 30 days before the
general election.

        [(d)] (C) (1) THIS SUBSECTION APPLIES ONLY IF THE AGREEMENT
UNDER § 8–5A–01 OF THIS TITLE IS IN EFFECT.

                (2) If the number of presidential electors nominated is less than or greater
than the State’s number of electoral votes, presidential electors shall be nominated as
provided for under Article III of § 8–5A–01 of this title.

8–504.

        (A) EACH PRESIDENTIAL ELECTOR NOMINEE AND ALTERNATE

PRESIDENTIAL ELECTOR NOMINEE OF A POLITICAL PARTY SHALL EXECUTE THE

FOLLOWING PLEDGE: “IF SELECTED FOR THE POSITION OF PRESIDENTIAL
ELECTOR, I AGREE TO SERVE AND TO MARK MY BALLOTS FOR PRESIDENT AND VICE

                                                           –3–
Ch. 470  2026 LAWS OF MARYLAND

PRESIDENT FOR THE NOMINEES FOR THOSE OFFICES OF THE PARTY THAT
NOMINATED ME.”.

        (B) EACH PRESIDENTIAL ELECTOR NOMINEE AND ALTERNATE

PRESIDENTIAL ELECTOR NOMINEE OF AN UNAFFILIATED PRESIDENTIAL

CANDIDATE SHALL EXECUTE THE FOLLOWING PLEDGE: “IF SELECTED FOR THE

POSITION OF PRESIDENTIAL ELECTOR AS A NOMINEE OF AN UNAFFILIATED

PRESIDENTIAL CANDIDATE, I AGREE TO SERVE AND TO MARK MY BALLOTS FOR THAT
CANDIDATE AND FOR THAT CANDIDATE’S VICE PRESIDENTIAL RUNNING MATE.”.

        (C) THE EXECUTED PLEDGES SHALL ACCOMPANY THE SUBMISSION OF THE
CORRESPONDING PRESIDENTIAL ELECTOR NOMINEE NAMES TO THE STATE BOARD.

        (D) IF, AFTER THE NOMINATION OF A CANDIDATE FOR PRESIDENT OR VICE

PRESIDENT BY A POLITICAL PARTY AND BEFORE THE MEETING OF PRESIDENTIAL

ELECTORS UNDER § 8–508 OF THIS SUBTITLE, THE CANDIDATE DIES OR WITHDRAWS

AS A CANDIDATE FOR THAT OFFICE IN ACCORDANCE WITH THE RULES OF THE

POLITICAL PARTY, THE PLEDGE EXECUTED UNDER SUBSECTION (A) OF THIS
SECTION OR § 8–507(D) OF THIS SUBTITLE APPLIES TO THE SUCCESSOR CANDIDATE

FOR THAT OFFICE NOMINATED BY THE POLITICAL PARTY IN ACCORDANCE WITH THE

PARTY RULES.

[8–504.] 8–505.

         (a) (1) At the general election for President and Vice President of the United
States there shall be elected, in accordance with subsection (b) of this section, the number
of presidential electors to which this State is entitled.

                (2) Presidential electors shall be elected:

                         (I) IF THE AGREEMENT UNDER § 8–5A–01 OF THIS TITLE IS NOT
IN EFFECT, AT LARGE BY THE VOTERS OF THE ENTIRE STATE; OR

                         (II) IF THE AGREEMENT UNDER § 8–5A–01 OF THIS TITLE IS IN
EFFECT, under the procedure provided in § 8–5A–01 of this title.

         (b) (1) The names of the candidates for the office of presidential elector may
not be printed on the ballot.

                  (2) A vote for the candidates for President and Vice President of a political
party shall be considered to be and counted as a vote for each of the NOMINEES FOR
presidential [electors] ELECTOR of the political party [nominated] SUBMITTED in
accordance with § 8–503 of this subtitle.

         –4–
WES MOORE, Governor  Ch. 470

                (3) A VOTE FOR AN UNAFFILIATED CANDIDATE FOR PRESIDENT AND
VICE PRESIDENT SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH

OF THE NOMINEES FOR PRESIDENTIAL ELECTOR SUBMITTED BY THE UNAFFILIATED

PRESIDENTIAL CANDIDATE TO THE STATE BOARD IN ACCORDANCE WITH § 8–503 OF
THIS SUBTITLE.

8–506.

        IN SUBMITTING THIS STATE’S CERTIFICATE OF ASCERTAINMENT AS
REQUIRED BY 3 U.S.C. § 6 3 U.S.C. § 5, THE GOVERNOR SHALL CERTIFY THE
STATE’S PRESIDENTIAL ELECTORS AND STATE IN THE CERTIFICATE THAT:

                (1) THE PRESIDENTIAL ELECTORS WILL SERVE AS PRESIDENTIAL

ELECTORS UNLESS A VACANCY OCCURS IN THE OFFICE OF PRESIDENTIAL ELECTOR
BEFORE THE END OF THE MEETING AT WHICH PRESIDENTIAL ELECTOR VOTES ARE

CAST, IN WHICH CASE A SUBSTITUTE PRESIDENTIAL ELECTOR WILL FILL THE
VACANCY; AND

                (2) IF A SUBSTITUTE PRESIDENTIAL ELECTOR IS APPOINTED TO FILL
A VACANCY, THE GOVERNOR WILL SUBMIT AN AMENDED CERTIFICATE OF

ASCERTAINMENT STATING THE NAMES ON THE FINAL LIST OF THE PRESIDENTIAL

ELECTORS.

8–507.

        (A) THE STATE ADMINISTRATOR SHALL PRESIDE AND SERVE AS
SECRETARY AT THE MEETING OF PRESIDENTIAL ELECTORS DESCRIBED IN § 8–508
OF THIS SUBTITLE.

        (B) THE POSITION OF A PRESIDENTIAL ELECTOR NOT PRESENT TO VOTE IS
VACANT.

        (C) (1) THE STATE ADMINISTRATOR PRESIDENTIAL ELECTORS STILL

SERVING SHALL APPOINT AN INDIVIDUAL AS A SUBSTITUTE PRESIDENTIAL ELECTOR

TO FILL A VACANCY AS FOLLOWS:

                (1) (I) IF THE ALTERNATE PRESIDENTIAL ELECTOR IS PRESENT TO
VOTE, BY APPOINTING THE ALTERNATE PRESIDENTIAL ELECTOR FOR THE VACANT
POSITION;

                (2) (II) IF THE ALTERNATE PRESIDENTIAL ELECTOR FOR THE
VACANT POSITION IS NOT PRESENT TO VOTE, BY APPOINTING A PRESIDENTIAL

ELECTOR CHOSEN BY LOT FROM AMONG THE ALTERNATE PRESIDENTIAL ELECTORS

                                                           –5–
Ch. 470  2026 LAWS OF MARYLAND

PRESENT TO VOTE WHO WERE NOMINATED BY THE SAME POLITICAL PARTY OR THE

UNAFFILIATED PRESIDENTIAL CANDIDATE;

                (3) (III) IF THE NUMBER OF ALTERNATE PRESIDENTIAL ELECTORS

PRESENT TO VOTE IS INSUFFICIENT TO FILL ANY VACANT POSITION IN ACCORDANCE

WITH ITEM (1) OR (2) (I) OR (II) OF THIS SUBSECTION PARAGRAPH, BY APPOINTING

ANY IMMEDIATELY AVAILABLE INDIVIDUAL WHO IS QUALIFIED TO SERVE AS A
PRESIDENTIAL ELECTOR AND CHOSEN THROUGH NOMINATION BY AND PLURALITY

VOTE OF THE REMAINING PRESIDENTIAL ELECTORS, INCLUDING NOMINATION AND
VOTE BY A SINGLE PRESIDENTIAL ELECTOR IF ONLY ONE REMAINS; OR

                (4) (IV) IF THERE IS A TIE BETWEEN AT LEAST TWO NOMINEES FOR
SUBSTITUTE PRESIDENTIAL ELECTOR IN A VOTE CONDUCTED UNDER ITEM (3) (III)
OF THIS SUBSECTION PARAGRAPH, BY APPOINTING A PRESIDENTIAL ELECTOR
CHOSEN BY LOT FROM AMONG THOSE NOMINEES; OR

                (5) IF ALL PRESIDENTIAL ELECTOR POSITIONS ARE VACANT AND
CANNOT BE FILLED IN ACCORDANCE WITH ITEM (1), (2), (3), OR (4) OF THIS
SUBSECTION, BY APPOINTING A SINGLE PRESIDENTIAL ELECTOR, WITH REMAINING
VACANT POSITIONS TO BE FILLED IN ACCORDANCE WITH ITEM (3) OR (4) OF THIS
SUBSECTION.

                (2) IF ALL PRESIDENTIAL ELECTOR POSITIONS ARE VACANT AND
CANNOT BE FILLED IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION,
THE STATE ADMINISTRATOR SHALL APPOINT A SINGLE PRESIDENTIAL ELECTOR,

WITH REMAINING VACANT POSITIONS TO BE FILLED IN ACCORDANCE WITH

PARAGRAPH (1)(III) OR (IV) OF THIS SUBSECTION.

        (D) TO QUALIFY AS A SUBSTITUTE PRESIDENTIAL ELECTOR UNDER
SUBSECTION (C) OF THIS SECTION, AN INDIVIDUAL WHO HAS NOT EXECUTED THE
PLEDGE REQUIRED UNDER § 8–504 OF THIS SUBTITLE SHALL EXECUTE THE
FOLLOWING PLEDGE: “I AGREE TO SERVE AND TO MARK MY BALLOTS FOR
PRESIDENT AND VICE PRESIDENT CONSISTENT WITH THE PLEDGE OF THE
INDIVIDUAL TO WHOSE PRESIDENTIAL ELECTOR POSITION I HAVE SUCCEEDED.”.

[8–505.] 8–508.

         (a) (1) The individuals elected to the office of presidential elector shall meet in
the State House in the City of Annapolis on the day provided by the Constitution and laws
of the United States.

                  (2) The conduct of the meeting shall be consistent with the requirements
of federal law.

                                                           –6–
WES MOORE, Governor  Ch. 470

         (b) (1) Before proceeding to perform the duties of their office, the presidential
electors who are present shall fill any vacancy in the office of PRESIDENTIAL elector IN
ACCORDANCE WITH § 8–507 OF THIS SUBTITLE, whether the vacancy is caused by
absence or other reason.

                  (2) An individual appointed to fill a vacancy is entitled to all rights and
privileges of the duly elected electors.

        (c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence,
before one of the Clerk’s deputies, the presidential electors shall cast their votes for:

                         (I) IF THE AGREEMENT UNDER § 8–5A–01 OF THIS TITLE IS NOT
IN EFFECT, THE CANDIDATES FOR PRESIDENT AND VICE PRESIDENT WHO
RECEIVED A PLURALITY OF THE VOTES CAST IN THE STATE OF MARYLAND; OR

                         (II) IF THE AGREEMENT UNDER § 8–5A–01 OF THIS TITLE IS IN
EFFECT, the candidates for President and Vice President who received a plurality of the
votes cast in the national popular vote total defined in § 8–5A–01 of this title.

                (2) THE STATE ADMINISTRATOR SHALL PROVIDE EACH
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND A VICE PRESIDENTIAL BALLOT.

                (3) EACH PRESIDENTIAL ELECTOR SHALL MARK THE PRESIDENTIAL
ELECTOR’S PRESIDENTIAL AND VICE PRESIDENTIAL BALLOTS WITH THE
PRESIDENTIAL ELECTOR’S SIGNATURE AND THE PRESIDENTIAL ELECTOR’S
LEGIBLY PRINTED NAME.

        (D) (1) (I) THIS PARAGRAPH APPLIES ONLY IF THE AGREEMENT
UNDER § 8–5A–01 OF THIS TITLE IS NOT IN EFFECT.

                         (II) EACH PRESIDENTIAL ELECTOR SHALL PRESENT BOTH
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR.

                         (III) THE STATE ADMINISTRATOR SHALL EXAMINE THE
BALLOTS PRESENTED UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH AND

ACCEPT AS CAST ALL BALLOTS OF PRESIDENTIAL ELECTORS WHOSE VOTES ARE

CONSISTENT WITH THEIR PLEDGES EXECUTED UNDER § 8–504 OR § 8–507(D) OF
THIS SUBTITLE.

                (2) (I) THIS PARAGRAPH APPLIES ONLY IF THE AGREEMENT
UNDER § 8–5A–01 OF THIS TITLE IS IN EFFECT.

                                                           –7–
Ch. 470  2026 LAWS OF MARYLAND

                         (II) EACH PRESIDENTIAL ELECTOR SHALL PRESENT BOTH
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR, WHO SHALL EXAMINE THE

BALLOTS AND ACCEPT AS CAST ALL BALLOTS OF PRESIDENTIAL ELECTORS WHOSE
VOTES ARE CONSISTENT WITH THEIR PLEDGES EXECUTED FOR THE CANDIDATES

FOR PRESIDENT AND VICE PRESIDENT WHO ARE THE NATIONAL POPULAR VOTE
WINNERS AS DEFINED IN § 8–5A–01 OF THIS TITLE.

                (3) THE STATE ADMINISTRATOR MAY NOT ACCEPT EITHER A
PRESIDENTIAL ELECTOR’S PRESIDENTIAL OR VICE PRESIDENTIAL BALLOT IF THE
PRESIDENTIAL ELECTOR VOTED IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S
PLEDGE.

        (E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESENT A BALLOT,

PRESENTS AN UNMARKED BALLOT AND REFUSES TO SIGN THE CERTIFICATE OF

VOTE, OR PRESENTS A BALLOT MARKED IN VIOLATION OF THE PRESIDENTIAL
ELECTOR’S PLEDGE EXECUTED UNDER § 8–504 OR § 8–507(D) OF THIS SUBTITLE
VACATES THE OFFICE OF ELECTOR, CREATING A VACANT POSITION TO BE FILLED
UNDER § 8–507 OF THIS SUBTITLE.

        (F) THE STATE ADMINISTRATOR SHALL DISTRIBUTE BALLOTS AND

COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE

PROCESS UNDER THIS SECTION, DECLARING VACANT POSITIONS TO BE FILLED AS
REQUIRED UNDER § 8–507(C) OF THIS SUBTITLE, AND RECORDING APPROPRIATELY
COMPLETED BALLOTS FROM THE SUBSTITUTE PRESIDENTIAL ELECTORS, UNTIL ALL
OF THE STATE’S ELECTORAL VOTES HAVE BEEN CAST AND RECORDED.

8–509.

        (A) AFTER THE VOTE OF THE STATE’S PRESIDENTIAL ELECTORS IS
COMPLETED, IF THE FINAL LIST OF PRESIDENTIAL ELECTORS DIFFERS FROM ANY
LIST THAT THE GOVERNOR PREVIOUSLY INCLUDED ON A CERTIFICATE OF
ASCERTAINMENT PREPARED AND TRANSMITTED UNDER 3 U.S.C. § 6 3 U.S.C. § 5,
THE STATE ADMINISTRATOR IMMEDIATELY SHALL PREPARE AN AMENDED
CERTIFICATE OF ASCERTAINMENT IN ACCORDANCE WITH 3 U.S.C. § 4 AND
TRANSMIT IT TO THE GOVERNOR FOR THE GOVERNOR’S SIGNATURE.

        (B) THE GOVERNOR IMMEDIATELY SHALL DELIVER THE SIGNED AMENDED
CERTIFICATE OF ASCERTAINMENT TO THE STATE ADMINISTRATOR AND A SIGNED

DUPLICATE ORIGINAL OF THE AMENDED CERTIFICATE OF ASCERTAINMENT TO ALL

INDIVIDUALS ENTITLED TO RECEIVE THIS STATE’S CERTIFICATE OF
ASCERTAINMENT, INDICATING THAT THE AMENDED CERTIFICATE OF

ASCERTAINMENT IS TO BE SUBSTITUTED FOR THE CERTIFICATE OF

ASCERTAINMENT PREVIOUSLY SUBMITTED.

                                                           –8–
WES MOORE, Governor  Ch. 470

        (C) (1) THE STATE ADMINISTRATOR SHALL PREPARE A CERTIFICATE OF
THE VOTE.

                (2) THE PRESIDENTIAL ELECTORS ON THE FINAL LIST SHALL SIGN
THE CERTIFICATE.

                (3) THE STATE ADMINISTRATOR SHALL PROCESS AND TRANSMIT THE

SIGNED CERTIFICATE WITH THE AMENDED CERTIFICATE OF ASCERTAINMENT

UNDER 3 U.S.C. §§ 9 THROUGH 11.

                                       Chapter 43 of the Acts of 2007

        [SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not
take effect until the interstate compact entitled “Agreement Among the States to Elect the
President by National Popular Vote” is enacted in substantially the same form by states
cumulatively possessing a majority of the electoral votes and the enactments of the compact
have taken effect in each state; that Section 1 of this Act shall only govern the appointment
of presidential electors in any year in which the Agreement Among the States to Elect the
President by National Popular Vote is, on July 20, in effect in states cumulatively
possessing a majority of the electoral votes; that all the states of the United States are
requested to concur in this Act of the General Assembly of Maryland by the enactment of a
similar Act; and that the Department of Legislative Services shall notify the appropriate
officials of the combined states of the enactment of this Act.]

        SECTION 4. AND BE IT FURTHER ENACTED, That[, except as provided in
Section 3 of this Act,] this Act shall take effect October 1, 2007.

                                       Chapter 44 of the Acts of 2007

        [SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not
take effect until the interstate compact entitled “Agreement Among the States to Elect the
President by National Popular Vote” is enacted in substantially the same form by states
cumulatively possessing a majority of the electoral votes and the enactments of the compact
have taken effect in each state; that Section 1 of this Act shall only govern the appointment
of presidential electors in any year in which the Agreement Among the States to Elect the
President by National Popular Vote is, on July 20, in effect in states cumulatively
possessing a majority of the electoral votes; that all the states of the United States are
requested to concur in this Act of the General Assembly of Maryland by the enactment of a
similar Act; and that the Department of Legislative Services shall notify the appropriate
officials of the combined states of the enactment of this Act.]

        SECTION 4. AND BE IT FURTHER ENACTED, That[, except as provided in
Section 3 of this Act,] this Act shall take effect October 1, 2007.

                                                           –9–
Ch. 470          2026 LAWS OF MARYLAND

         SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:

                 Article – Election Law

[8–504.] 8–505.

         (a) (1) At the general election for President and Vice President of the United
States there shall be elected, in accordance with subsection (b) of this section, the number
of presidential electors to which this State is entitled.

         (2) Presidential electors shall be elected at large by the voters of the entire

State.

         (b) (1) The names of the candidates for the office of presidential elector may
not be printed on the ballot.

                  (2) A vote for the candidates for President and Vice President of a political
party shall be considered to be and counted as a vote for each of the NOMINEES FOR
presidential [electors] ELECTOR of the political party [nominated] SUBMITTED in
accordance with § 8–503 of this subtitle.

                (3) A VOTE FOR AN UNAFFILIATED CANDIDATE FOR PRESIDENT AND
VICE PRESIDENT SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH

OF THE NOMINEES FOR PRESIDENTIAL ELECTOR SUBMITTED BY THE UNAFFILIATED

PRESIDENTIAL CANDIDATE TO THE STATE BOARD IN ACCORDANCE WITH § 8–503 OF
THIS SUBTITLE.

[8–505.] 8–508.

         (a) (1) The individuals elected to the office of presidential elector shall meet in
the State House in the City of Annapolis on the day provided by the Constitution and laws
of the United States.

                  (2) The conduct of the meeting shall be consistent with the requirements
of federal law.

         (b) (1) Before proceeding to perform the duties of their office, the presidential
electors who are present shall fill any vacancy in the office of PRESIDENTIAL elector IN
ACCORDANCE WITH § 8–507 OF THIS SUBTITLE, whether the vacancy is caused by
absence or other reason.

                  (2) An individual appointed to fill a vacancy is entitled to all rights and
privileges of the duly elected electors.

                 – 10 –
WES MOORE, Governor  Ch. 470

        (c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence,
before one of the Clerk’s deputies, the presidential electors shall cast their votes for the
candidates for President and Vice President who received a plurality of the votes cast in
the State of Maryland.

                (2) THE STATE ADMINISTRATOR SHALL PROVIDE EACH
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND VICE PRESIDENTIAL BALLOT.

                (3) EACH PRESIDENTIAL ELECTOR SHALL MARK THE PRESIDENTIAL
ELECTOR’S PRESIDENTIAL AND VICE PRESIDENTIAL BALLOTS WITH THE
PRESIDENTIAL ELECTOR’S SIGNATURE AND THE PRESIDENTIAL ELECTOR’S
LEGIBLY PRINTED NAME.

        (D) (1) EACH PRESIDENTIAL ELECTOR SHALL PRESENT BOTH
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR.

                (2) THE STATE ADMINISTRATOR SHALL EXAMINE THE BALLOTS
PRESENTED UNDER PARAGRAPH (1) OF THIS SUBSECTION AND ACCEPT AS CAST ALL

BALLOTS OF PRESIDENTIAL ELECTORS WHOSE VOTES ARE CONSISTENT WITH THEIR

PLEDGES EXECUTED UNDER § 8–504 OR § 8–507(D) OF THIS SUBTITLE.

                (3) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A
PRESIDENTIAL ELECTOR’S PRESIDENTIAL OR VICE PRESIDENTIAL BALLOT IF THE

PRESIDENTIAL ELECTOR HAS NOT MARKED BOTH BALLOTS OR HAS MARKED A

BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE.

        (E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESENT A BALLOT,
PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION
OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UNDER § 8–504 OR § 8–507(D)
OF THIS SUBTITLE VACATES THE OFFICE OF ELECTOR, CREATING A VACANT
POSITION TO BE FILLED UNDER § 8–507 OF THIS SUBTITLE.

        (F) THE STATE ADMINISTRATOR SHALL DISTRIBUTE BALLOTS AND

COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE

PROCESS UNDER THIS SECTION, DECLARING AND FILLING VACANT POSITIONS AS
REQUIRED, AND RECORDING APPROPRIATELY COMPLETED BALLOTS FROM THE
SUBSTITUTED PRESIDENTIAL ELECTORS, UNTIL ALL OF THE STATE’S ELECTORAL
VOTES HAVE BEEN CAST AND RECORDED.

         SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:

                                             Article – Election Law
                                                          – 11 –
Ch. 470  2026 LAWS OF MARYLAND

[8–504.] 8–505.

         (a) (1) At the general election for President and Vice President of the United
States there shall be elected, in accordance with subsection (b) of this section, the number
of presidential electors to which this State is entitled.

                  (2) Presidential electors shall be elected under the procedure provided in §
8–5A–01 of this title.

         (b) (1) The names of the candidates for the office of presidential elector may
not be printed on the ballot.

                  (2) A vote for the candidates for President and Vice President of a political
party shall be considered to be and counted as a vote for each of the NOMINEES FOR
presidential [electors] ELECTOR of the political party [nominated] SUBMITTED in
accordance with § 8–503 of this subtitle.

                (3) A VOTE FOR AN UNAFFILIATED CANDIDATE FOR PRESIDENT AND
VICE PRESIDENT SHALL BE CONSIDERED TO BE AND COUNTED AS A VOTE FOR EACH

OF THE NOMINEES FOR PRESIDENTIAL ELECTOR SUBMITTED BY THE UNAFFILIATED

PRESIDENTIAL CANDIDATE TO THE STATE BOARD IN ACCORDANCE WITH § 8–503 OF
THIS SUBTITLE.

[8–505.] 8–508.

         (a) (1) The individuals elected to the office of presidential elector shall meet in
the State House in the City of Annapolis on the day provided by the Constitution and laws
of the United States.

                  (2) The conduct of the meeting shall be consistent with the requirements
of federal law.

         (b) (1) Before proceeding to perform the duties of their office, the presidential
electors who are present shall fill any vacancy in the office of PRESIDENTIAL elector IN
ACCORDANCE WITH § 8–507 OF THIS SUBTITLE, whether the vacancy is caused by
absence or other reason.

                  (2) An individual appointed to fill a vacancy is entitled to all rights and
privileges of the duly elected electors.

        (c) (1) After taking the oath prescribed by Article I, § 9 of the Maryland
Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk’s absence,
before one of the Clerk’s deputies, the presidential electors shall cast their votes for the

                                                          – 12 –
WES MOORE, Governor  Ch. 470

candidates for President and Vice President who received a plurality of the votes cast in
the national popular vote total defined in § 8–5A–01 of this title.

                (2) THE STATE ADMINISTRATOR SHALL PROVIDE EACH
PRESIDENTIAL ELECTOR WITH A PRESIDENTIAL AND VICE PRESIDENTIAL BALLOT.

                (3) EACH PRESIDENTIAL ELECTOR SHALL MARK THE PRESIDENTIAL
ELECTOR’S PRESIDENTIAL AND VICE PRESIDENTIAL BALLOTS WITH THE
PRESIDENTIAL ELECTOR’S SIGNATURE AND THE PRESIDENTIAL ELECTOR’S
LEGIBLY PRINTED NAME.

        (D) (1) EACH PRESIDENTIAL ELECTOR SHALL PRESENT BOTH
COMPLETED BALLOTS TO THE STATE ADMINISTRATOR, WHO SHALL EXAMINE THE

BALLOTS AND ACCEPT AS CAST ALL BALLOTS OF PRESIDENTIAL ELECTORS WHOSE
VOTES ARE CONSISTENT WITH THEIR PLEDGES EXECUTED FOR THE CANDIDATES

FOR PRESIDENT AND VICE PRESIDENT WHO ARE THE NATIONAL POPULAR VOTE
WINNERS AS DEFINED IN § 8–5A–01 OF THIS TITLE.

                (2) THE STATE ADMINISTRATOR MAY NOT COUNT EITHER A
PRESIDENTIAL ELECTOR’S PRESIDENTIAL OR VICE PRESIDENTIAL BALLOT IF THE

PRESIDENTIAL ELECTOR HAS NOT MARKED BOTH BALLOTS OR HAS MARKED A

BALLOT IN VIOLATION OF THE PRESIDENTIAL ELECTOR’S PLEDGE.

        (E) A PRESIDENTIAL ELECTOR WHO REFUSES TO PRESENT A BALLOT,
PRESENTS AN UNMARKED BALLOT, OR PRESENTS A BALLOT MARKED IN VIOLATION
OF THE PRESIDENTIAL ELECTOR’S PLEDGE EXECUTED UNDER § 8–504 OR § 8–507(D)
OF THIS SUBTITLE VACATES THE OFFICE OF ELECTOR, CREATING A VACANT
POSITION TO BE FILLED UNDER § 8–507 OF THIS SUBTITLE.

        (F) THE STATE ADMINISTRATOR SHALL DISTRIBUTE BALLOTS AND

COLLECT BALLOTS FROM A SUBSTITUTE PRESIDENTIAL ELECTOR AND REPEAT THE

PROCESS UNDER THIS SECTION, DECLARING AND FILLING VACANT POSITIONS AS
REQUIRED, AND RECORDING APPROPRIATELY COMPLETED BALLOTS FROM THE
SUBSTITUTE PRESIDENTIAL ELECTORS, UNTIL ALL OF THIS STATE’S ELECTORAL
VOTES HAVE BEEN CAST AND RECORDED.

         SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
effect October 1, 2026. It shall remain effective until the taking effect of Section 1 of
Chapters 43 and 44 of the Acts of the General Assembly of 2007. If the contingency stated
in Section 3 of Chapters 43 and 44 of the Acts of the General Assembly of 2007 takes effect,
Section 2 of this Act shall be abrogated and of no further force and effect.

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Ch. 470  2026 LAWS OF MARYLAND

         SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take
effect on the taking effect of Section 1 of Chapters 43 and 44 of the Acts of the General
Assembly of 2007.

         SECTION 6. 3. AND BE IT FURTHER ENACTED, That, subject to the provisions
of Sections 4 and 5 of this Act, this Act shall take effect October 1, 2026.

Approved by the Governor, May 12, 2026.

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