DRAFT Resolution 2026-02: Regarding State Legislation to Permit Accessible Return of By-Mail Ballots

WHEREAS, the ability to cast a secret ballot independently is a cornerstone of our democracy that enables citizens to vote their conscience without fear; and

WHEREAS, Title II of the Americans with Disabilities Act (ADA) requires that voters with print disabilities must be provided an opportunity to mark and return their by-mail ballot privately and independently that is equal to the opportunity provided to voters without disabilities; and

WHEREAS, Section 9-308.1 of the Code of Maryland permits an accessible online ballot-marking tool that allows blind users with access to a computer, smartphone, or similar device to mark a by-mail ballot privately and independently, but Maryland law does not permit ballots marked with this tool to be returned privately and independently in an accessible manner; and

WHEREAS, the requirement to print out a by-mail ballot after marking it privately and independently with Maryland's accessible online ballot-marking tool is a barrier that prevents some blind voters from using the online ballot-marking tool because they need the assistance of a sighted person to 1) confirm that the ballot printed correctly, 2) show them where to sign the ballot oath, and 3) address an envelope to their local board of elections; and

WHEREAS, voters who do not have  a computer or smartphone cannot currently avail themselves of any option to mark and return a by-mail ballot; and

WHEREAS, the lack of accessible ballot return is also a barrier to many blind voters because they do not own a printer and therefore need to have someone else print their ballot or use a public printer, compromising their right to privacy and independence; and

WHEREAS, the ability to mark and return a by-mail ballot accessibly, including but not limited to the ability to do so via a touch-tone telephone, would ensure that the entire process of voting by mail would be accessible to voters with print disabilities, and would further ensure that their ballots would be received at the elections office in time to be counted: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fifteenth day of February, 2026, in the city of Ocean City, Maryland, that this organization demand that the Maryland General Assembly pass legislation during the 2026 legislative session requiring the Maryland Board of Elections to implement a system for the accessible marking and return of by-mail ballots via telephone for the blind and voters with print disabilities, with such system to be in place by the 2028 primary elections, and authorizing mobile voting in municipal elections.