MD
Maryland House Bill HB328

Maryland 2022 Regular Session

Maryland House Bill HB328 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 191
21
3-– 1 –
4-Chapter 191
5-(House Bill 328)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0328*
810
9-Elections – Polling Place Location Restrictions – Repeal
11+HOUSE BILL 328
12+G1 EMERGENCY BILL (2lr1673)
13+ENROLLED BILL
14+— Ways and Means/Education, Health, and Environmental Affairs —
15+Introduced by Delegate D. Jones
1016
11-FOR the purpose of repealing restrictions on holding an election in a building used, owned,
12-or occupied by an establishment that holds an alcoholic beverages license; and
13-generally relating to restrictions on polling place locations.
17+Read and Examined by Proofreaders:
1418
15-BY repealing and reenacting, with amendments,
16- Article – Election Law
17-Section 10–101(a)(4)
18- Annotated Code of Maryland
19- (2017 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2023
21-BY adding to
22- Article – Election Law
23- Section 10–101(c)
24- Annotated Code of Maryland
25- (2017 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2625
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
26+_______ day of _______________ at ________________________ o’clock, ________M.
2927
30-Article – Election Law
28+______________________________________________
29+Speaker.
3130
32-10–101.
31+CHAPTER ______
3332
34- (a) (4) (i) If suitable space in a public building is not available, a local board
35-may pay a reasonable fee for the use of space in a privately owned building.
33+AN ACT concerning 1
3634
37- (ii) A polling place may not be located in a privately owned building
38-unless the owner of the building agrees to:
35+Elections – Polling Place Location Restrictions – Repeal 2
3936
40- 1. allow electioneering on the premises up to the
41-electioneering boundary established under § 16–206(b) of this article; and
37+FOR the purpose of repealing restrictions on holding an election in a building used, owned, 3
38+or occupied by an establishment that holds an alcoholic beverages license; and 4
39+generally relating to restrictions on polling place locations. 5
4240
43- 2. allow campaign signs on the premises, at a minimum,
44-from:
41+BY repealing and reenacting, with amendments, 6
42+ Article – Election Law 7
43+Section 10–101(a)(4) 8
44+ Annotated Code of Maryland 9
45+ (2017 Replacement Volume and 2021 Supplement) 10
4546
46- A. 5 p.m. the day immediately preceding election day until 8
47-a.m. on the day immediately following election day; and
48- Ch. 191 2022 LAWS OF MARYLAND
47+BY adding to 11
48+ Article – Election Law 12
49+ Section 10–101(c) 13 2 HOUSE BILL 328
4950
50-– 2 –
51- B. 5 p.m. the day before an early voting period begins under
52-§ 10–301.1 of this title until 8 a.m. the day after the early voting period ends.
5351
54- [(iii) Except as provided in subparagraphs (iv) and (v) of this
55-paragraph, an election may not be held in any building or part of any building used or
56-occupied by an establishment that holds an alcoholic beverages license.
52+ Annotated Code of Maryland 1
53+ (2017 Replacement Volume and 2021 Supplement) 2
5754
58- (iv) An election may be held in a building that is owned and occupied
59-by an establishment that holds an alcoholic beverages license if:
55+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
56+That the Laws of Maryland read as follows: 4
6057
61- 1. the local board determines that there is no suitable
62-alternative place to hold an election;
58+Article – Election Law 5
6359
64- 2. the licensee agrees not to sell or dispense alcoholic
65-beverages during the period beginning 2 hours before the polls open and ending 2 hours
66-after the polls close; and
60+10–101. 6
6761
68- 3. where applicable, all ballots are removed from the polling
69-place by the local board immediately following the election.
62+ (a) (4) (i) If suitable space in a public building is not available, a local board 7
63+may pay a reasonable fee for the use of space in a privately owned building. 8
7064
71- (v) An early voting center may be located in a building that is
72-partially occupied by an establishment that holds an alcoholic beverages license if:
65+ (ii) A polling place may not be located in a privately owned building 9
66+unless the owner of the building agrees to: 10
7367
74- 1. the State Board, in collaboration with a local board,
75-determines that the building is a suitable site for an early voting center; and
68+ 1. allow electioneering on the premises up to the 11
69+electioneering boundary established under § 16–206(b) of this article; and 12
7670
77- 2. the entrance to a licensee’s establishment is at least 100
78-feet from the entrance to the building that is closest to the part of the building where the
79-early voting center is located.]
71+ 2. allow campaign signs on the premises, at a minimum, 13
72+from: 14
8073
81- (C) (1) THE STATE BOARD SHALL ADOPT REG ULATIONS GOVERNING T HE
82-USE OF A BUILDING OR PART OF A BUILDING T HAT IS OWNED , OCCUPIED, OR
83-PARTIALLY OCCUPIED B Y AN ESTABLISHMENT T HAT HOLDS AN ALC OHOLIC
84-BEVERAGES LICENSE AS A POLLING PLACE .
74+ A. 5 p.m. the day immediately preceding election day until 8 15
75+a.m. on the day immediately following election day; and 16
8576
86- (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS
87-SUBSECTION SHALL REQ UIRE A LOCAL BOARD T O PRIORITIZE THE PLA CEMENT OF
88-POLLING LOCATIONS IN BUILDINGS THAT ARE N OT OWNED , OCCUPIED, OR
89-PARTIALLY OCCUPIE D BY AN ESTABLISHMEN T THAT HOLDS AN ALCO HOLIC
90-BEVERAGES LICENSE .
77+ B. 5 p.m. the day before an early voting period begins under 17
78+§ 10–301.1 of this title until 8 a.m. the day after the early voting period ends. 18
9179
92- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
93-1, 2022.
94- LAWRENCE J. HOGAN, JR., Governor Ch. 191
80+ [(iii) Except as provided in subparagraphs (iv) and (v) of this 19
81+paragraph, an election may not be held in any building or part of any building used or 20
82+occupied by an establishment that holds an alcoholic beverages license. 21
9583
96-– 3 –
97- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
98-measure, is necessary for the immediate preservation of the public health or safety, has
99-been passed by a yea and nay vote supported by three–fifths of all the members elected to
100-each of the two Houses of the General Assembly, and shall take effect from the date it is
101-enacted.
84+ (iv) An election may be held in a building that is owned and occupied 22
85+by an establishment that holds an alcoholic beverages license if: 23
10286
103- SECTION 2. AND BE IT FURTHER ENACTED, That:
87+ 1. the local board determines that there is no suitable 24
88+alternative place to hold an election; 25
10489
105- (a) Notwithstanding § 10–101(a)(4) of the Election Law Article, on or before
106-August 31, 2022, the State Board shall adopt regulations governing the use of a building or
107-part of a building that is owned, occupied, or partially occupied by an establishment that
108-holds an alcoholic beverages license as a polling place.
90+ 2. the licensee agrees not to sell or dispense alcoholic 26
91+beverages during the period beginning 2 hours before the polls open and ending 2 hours 27
92+after the polls close; and 28
10993
110- (b) The regulations adopted under subsection (a) of this section shall require a
111-local board of elections to prioritize the placement of polling locations in buildings that are
112-not owned, occupied, or partially occupied by an establishment that holds an alcoholic
113-beverages license.
94+ 3. where applicable, all ballots are removed from the polling 29
95+place by the local board immediately following the election. 30
11496
115- SECTION 3. AND BE IT FURTHER ENACTED, That:
97+ (v) An early voting center may be located in a building that is 31
98+partially occupied by an establishment that holds an alcoholic beverages license if: 32 HOUSE BILL 328 3
11699
117- (a) Section 1 of this Act shall take effect contingent on the adoption of regulations
118-by the State Board of Elections under Section 2 of this Act.
119100
120- (b) Within 5 days after adopting regulations under Section 2 of this Act, the State
121-Board of Elections shall provide notice to the Department of Legislative Services.
122101
123- (c) If notice of the adoption of the regulations is received by the Department of
124-Legislative Services on or before August 31, 2022, Section 1 of this Act shall take effect on
125-the date that notice of the adoption is received by the Department of Legislative Services in
126-accordance with subsection (b) of this section.
102+ 1. the State Board, in collaboration with a local board, 1
103+determines that the building is a suitable site for an early voting center; and 2
127104
128- (d) If the Department of Legislative Services does not receive notice that the State
129-Board of Elections has adopted regulations under Section 2 of this Act on or before August
130-31, 2022, Section 1 of this Act, with no further action required by the General Assembly,
131-shall be null and void.
105+ 2. the entrance to a licensee’s establishment is at least 100 3
106+feet from the entrance to the building that is closest to the part of the building where the 4
107+early voting center is located.] 5
132108
133- SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this
134-Act, this Act is an emergency measure, is necessary for the immediate preservation of the
135-public health or safety, has been passed by a yea and nay vote supported by three–fifths of
136-all the members elected to each of the two Houses of the General Assembly, and shall take
137-effect from the date it is enacted.
109+ (C) (1) THE STATE BOARD SHALL ADOPT REG ULATIONS GOVERNING T HE 6
110+USE OF A BUILDING OR PART OF A BUILDING T HAT IS OWNED , OCCUPIED, OR 7
111+PARTIALLY OCCUPIED B Y AN ESTABLISH MENT THAT HOLDS AN A LCOHOLIC 8
112+BEVERAGES LICENSE AS A POLLING PLACE . 9
138113
139-Approved by the Governor, April 21, 2022.
114+ (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 10
115+SUBSECTION SHALL REQ UIRE A LOCAL BOARD T O PRIORITIZE THE PLA CEMENT OF 11
116+POLLING LOCATIONS IN BUILDINGS THAT ARE N OT OWNED , OCCUPIED, OR 12
117+PARTIALLY OCCUPIED B Y AN ESTABLISHMENT T HAT HOLDS AN ALCOHOL IC 13
118+BEVERAGES LICENSE . 14
119+
120+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 15
121+1, 2022. 16
122+
123+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 17
124+measure, is necessary for the immediate preservation of the public health or safety, has 18
125+been passed by a yea and nay vote supported by three–fifths of all the members elected to 19
126+each of the two Houses of the General Assembly, and shall take effect from the date it is 20
127+enacted. 21
128+
129+ SECTION 2. AND BE IT FURTHER ENACTED, That: 22
130+
131+ (a) Notwithstanding § 10–101(a)(4) of the Election Law Article, on or before 23
132+August 31, 2022, the State Board shall adopt regulations governing the use of a building or 24
133+part of a building that is owned, occupied, or partially occupied by an establishment that 25
134+holds an alcoholic beverages license as a polling place. 26
135+
136+ (b) The regulations adopted under subsection (a) of this section shall require a 27
137+local board of elections to prioritize the placement of polling locations in buildings that are 28
138+not owned, occupied, or partially occupied by an establishment that holds an alcoholic 29
139+beverages license. 30
140+
141+ SECTION 3. AND BE IT FURT HER ENACTED, That: 31
142+
143+ (a) Section 1 of this Act shall take effect contingent on the adoption of regulations 32
144+by the State Board of Elections under Section 2 of this Act. 33
145+ 4 HOUSE BILL 328
146+
147+
148+ (b) Within 5 days after adopting regulations under Section 2 of this Act, the State 1
149+Board of Elections shall provide notice to the Department of Legislative Services. 2
150+
151+ (c) If notice of the adoption of the regulations is received by the Department of 3
152+Legislative Services on or before August 31, 2022, Section 1 of this Act shall take effect on 4
153+the date that notice of the adoption is received by the Department of Legislative Services in 5
154+accordance with subsection (b) of this section. 6
155+
156+ (d) If the Department of Legislative Services does not receive notice that the State 7
157+Board of Elections has adopted regulations under Section 2 of this Act on or before August 8
158+31, 2022, Section 1 of this Act, with no further action required by the General Assembly, 9
159+shall be null and void. 10
160+
161+ SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 11
162+Act, this Act is an emergency measure, is necessary for the immediate preservation of the 12
163+public health or safety, has been passed by a yea and nay vote supported by three–fifths of 13
164+all the members elected to each of the two Houses of the General Assembly, and shall take 14
165+effect from the date it is enacted. 15
166+
167+
168+
169+
170+Approved:
171+________________________________________________________________________________
172+ Governor.
173+________________________________________________________________________________
174+ Speaker of the House of Delegates.
175+________________________________________________________________________________
176+ President of the Senate.