Maryland 2022 Regular Session

Maryland House Bill HB879 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0879
6	6
7	7	HOUSE BILL 879
8	8	N2, G1 2lr2870
9	9	CF SB 485
10	10	By: Delegates Buckel and Atterbeary
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judiciary and Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Orphans’ Court Judges – Election and Restriction on Practicing Law 2
19	19
20	20	FOR the purpose of prohibiting a candidate for judge of the orphans’ court from appearing 3
21	21	on the ballot in a primary election or being nominated by a political party or by 4
22	22	petition; prohibiting judges of the orphans’ court from acting as an attorney during 5
23	23	their term of office in any matter that is within the jurisdiction of the court and 6
24	24	related to the administration of an estate or guardianship of a minor; and generally 7
25	25	relating to judges of the orphans’ court. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Election Law 10
29	29	Section 5–303(a), 5–703(a), 5–703.1(a), and 9–210(a)(7) and (g)(3) 11
30	30	Annotated Code of Maryland 12
31	31	(2017 Replacement Volume and 2021 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Election Law 15
35	35	Section 5–303(e); and 8–901 through 8–905 to be under the new subtitle “Subtitle 9. 16
36	36	Orphans’ Court Judges” 17
37	37	Annotated Code of Maryland 18
38	38	(2017 Replacement Volume and 2021 Supplement) 19
39	39
40	40	BY repealing and reenacting, without amendments, 20
41	41	Article – Election Law 21
42	42	Section 5–703(b) and 5–703.1(b) 22
43	43	Annotated Code of Maryland 23
44	44	(2017 Replacement Volume and 2021 Supplement) 24
45	45
46	46	BY repealing and reenacting, without amendments, 25
47	47	Article – Estates and Trusts 26
48	48	Section 2–101 27 2 HOUSE BILL 879
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2017 Replacement Volume and 2021 Supplement) 2
53	53
54	54	BY repealing and reenacting, with amendments, 3
55	55	Article – Estates and Trusts 4
56	56	Section 2–109 5
57	57	Annotated Code of Maryland 6
58	58	(2017 Replacement Volume and 2021 Supplement) 7
59	59
60	60	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61	61	That the Laws of Maryland read as follows: 9
62	62
63	63	Article – Election Law 10
64	64
65	65	5–303. 11
66	66
67	67	(a) Except as provided in subsections (b), (c), [and] (d), AND (E) of this section: 12
68	68
69	69	(1) in the year in which the Governor is elected, a certificate of candidacy 13
70	70	shall be filed not later than 9 p.m. on the last Tuesday in February in the year in which the 14
71	71	primary election will be held; and 15
72	72
73	73	(2) for any other regularly scheduled election, a certificate of candidacy 16
74	74	shall be filed not later than 9 p.m. on the 95th day before the day on which the primary 17
75	75	election will be held. 18
76	76
77	77	(E) A CANDIDATE FOR JUDGE OF THE ORPHANS ’ COURT SHALL FILE A 19
78	78	CERTIFICATE OF CANDI DACY NOT LATER THAN 5 P.M. ON THE FIRST MONDAY IN 20
79	79	AUGUST IN THE YEAR OF THE GENERAL ELECTION FOR THE OFFICE . 21
80	80
81	81	5–703. 22
82	82
83	83	(a) Except for a candidate for a nonpartisan county board of education OR A 23
84	84	CANDIDATE FOR JUDGE OF THE ORPHANS ’ COURT, this section applies to any candidate 24
85	85	for public office subject to this title. 25
86	86
87	87	(b) A candidate for a public office may be nominated by petition under this 26
88	88	subtitle if the candidate is not affiliated with any political party. 27
89	89
90	90	5–703.1. 28
91	91
92	92	(a) Except for a candidate for a nonpartisan county board of education OR A 29
93	93	CANDIDATE FOR JUDGE OF THE ORPHANS ’ COURT, this section applies to any candidate 30
94	94	for public office subject to this title. 31
95	95
96	96	(b) A candidate for a public office may be nominated by a political party under 32 HOUSE BILL 879 3
97	97
98	98
99	99	this subtitle if the political party is not required to nominate its candidates by party 1
100	100	primary. 2
101	101
102	102	SUBTITLE 9. ORPHANS’ COURT JUDGES. 3
103	103
104	104	8–901. 4
105	105
106	106	EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE AND ARTICLE IV OF THE 5
107	107	MARYLAND CONSTITUTION, THE PROVISIONS OF TH IS ARTICLE RELATING TO THE 6
108	108	ELECTION OF CANDIDAT ES TO PUBLIC OFFICE SHALL GOVERN THE ELECTION OF 7
109	109	ORPHANS’ COURT JUDGES . 8
110	110
111	111	8–902. 9
112	112
113	113	(A) ORPHANS’ COURT JUDGES SHALL B E ELECTED ON A NONPA RTISAN 10
114	114	BASIS. 11
115	115
116	116	(B) CANDIDATES FOR ELECTI ON AS AN ORPHANS ’ COURT JUDGE SHALL , 12
117	117	WITHOUT PARTY DESIGN ATION OR REGARD TO P ARTY AFFILIATION: 13
118	118
119	119	(1) FILE CERTIFICATES OF CANDIDACY; 14
120	120
121	121	(2) BE CERTIFIED TO BE O N THE BALLOT; 15
122	122
123	123	(3) APPEAR ON THE BALLOT ; 16
124	124
125	125	(4) BE VOTED ON; AND 17
126	126
127	127	(5) BE ELECTED. 18
128	128
129	129	8–903. 19
130	130
131	131	(A) A CANDIDATE FOR ORPHAN S’ COURT JUDGE MAY NOT APPEAR ON THE 20
132	132	BALLOT IN A PRIMARY ELECTION . 21
133	133
134	134	(B) A CANDIDATE FOR ORPHAN S’ COURT JUDGE SHALL FI LE A CERTIFICATE 22
135	135	OF CANDIDACY BY THE TIME PRESCRIBED IN § 5–303 OF THIS ARTICLE. 23
136	136
137	137	(C) THE CERTIFICATE OF CA NDIDACY FOR A CANDID ATE FOR ORPHANS ’ 24
138	138	COURT JUDGE SHALL CO MPLY WITH THE REQUIR EMENTS FOR A CERTIFICA TE OF 25
139	139	CANDIDACY UNDER TITLE 5, SUBTITLE 3 OF THIS ARTICLE. 26
140	140
141	141	8–904. 27
142	142	4 HOUSE BILL 879
143	143
144	144
145	145	(A) (1) IF A CANDIDATE FOR OR PHANS’ COURT JUDGE DIES OR BECOMES 1
146	146	DISQUALIFIED MORE TH AN 65 DAYS BEFORE THE GENE RAL ELECTION , THE NAME 2
147	147	OF THE CANDIDATE MAY NOT APPEAR ON THE BALLOT. 3
148	148
149	149	(2) IF THE NUMBER OF REMA INING CANDIDATES IS LESS THAN THE 4
150	150	NUMBER OF OFFICES TO BE FILLED, THE OFFICE SHALL BE DEEMED VACANT AND 5
151	151	SHALL BE FILLED AS I F THE VACANCY OCCURR ED DURING THE TERM O F OFFICE. 6
152	152
153	153	(B) (1) IF A CANDIDATE DIES O R IS DISQUALIFIED 65 DAYS OR LESS 7
154	154	BEFORE THE GENERAL E LECTION, THE NAME OF THE CAND IDATE SHALL REMAIN O N 8
155	155	THE BALLOT. 9
156	156
157	157	(2) IF THAT CANDIDATE REC EIVES SUFFICIENT VOT ES TO HAVE BEEN 10
158	158	ELECTED, THE OFFICE SHALL BE DEEMED VACANT AND SH ALL BE FILLED AS IF THE 11
159	159	VACANCY OCCU RRED DURING THE TERM OF OFFICE. 12
160	160
161	161	8–905. 13
162	162
163	163	(A) IN THE GENERAL ELECTI ON FOR AN ORPHANS ’ COURT JUDGE , A VOTER 14
164	164	MAY VOTE FOR A NUMBE R OF CANDIDATES EQUA L TO THE NUMBER OF O RPHANS’ 15
165	165	COURT JUDGES TO BE E LECTED. 16
166	166
167	167	(B) (1) THE CANDIDATES , EQUAL IN NUMBER TO T HE NUMB ER OF 17
168	168	OFFICES TO BE FILLED , WHO RECEIVE THE LARG EST NUMBER OF VOTES IN THE 18
169	169	GENERAL ELECTION SHA LL BE DECLARED ELECT ED. 19
170	170
171	171	(2) IF TWO OR MORE CANDID ATES EACH RECEIVE TH E LOWEST 20
172	172	NUMBER OF VOTES NECE SSARY TO QUALIFY FOR ELECTION, CREATING A TIE FOR 21
173	173	THE LAST OFFICE TO BE FILLED , THE OFFICE SHALL BE CONSIDERED VACANT AN D 22
174	174	SHALL BE FILLED AS I F THE VACANCY OCCURR ED DURING THE TERM O F OFFICE. 23
175	175
176	176	9–210. 24
177	177
178	178	(a) The offices to be voted on shall be arranged on the ballot in the following order, 25
179	179	as applicable: 26
180	180
181	181	(7) public offices for which the voters of a county may vote, in the following 27
182	182	order: 28
183	183
184	184	(i) county treasurer; 29
185	185
186	186	(ii) State’s Attorney; 30
187	187
188	188	(iii) clerk of the circuit court; 31 HOUSE BILL 879 5
189	189
190	190
191	191
192	192	(iv) register of wills; 1
193	193
194	194	(v) [judge of the orphans’ court; 2
195	195
196	196	(vi)] sheriff; and 3
197	197
198	198	[(vii)] (VI) other offices filled by partisan election; 4
199	199
200	200	(g) (3) The names of candidates for judge of the circuit court, JUDGE OF THE 5
201	201	ORPHANS’ COURT, or for a county board of education, and the names of incumbent 6
202	202	appellate judges, shall be placed on the ballot without a party label or other distinguishing 7
203	203	mark or location which might indicate party affiliation. 8
204	204
205	205	Article – Estates and Trusts 9
206	206
207	207	2–101. 10
208	208
209	209	In the estates of decedents law, the word “court” means the orphans’ court in a 11
210	210	county, or the court exercising the jurisdiction of the orphans’ court in a county. 12
211	211
212	212	2–109. 13
213	213
214	214	[(a) Except as provided in subsection (b) of this section, a] A judge of the court may 14
215	215	not act as an attorney at law in a civil or criminal matter during a term of office IF THE 15
216	216	MATTER IS: 16
217	217
218	218	(1) WITHIN THE JURISDICTI ON OF THE COURT IN A NY COUNTY; AND 17
219	219
220	220	(2) RELATED TO THE ADMINI STRATION OF AN ESTAT E OR A 18
221	221	GUARDIANSHIP OF A MI NOR. 19
222	222
223	223	[(b) This section does not apply: 20
224	224
225	225	(1) In Harford County; 21
226	226
227	227	(2) In Montgomery County; 22
228	228
229	229	(3) In Baltimore City, to a judge of the Court while practicing law before 23
230	230	any court of the State except an orphans’ court; or 24
231	231
232	232	(4) In Prince George’s County, Baltimore County, Calvert County, and 25
233	233	Howard County, to a judge of the Court while practicing law in connection with a case that 26
234	234	is: 27
235	235
236	236	(i) Outside the jurisdiction of orphans’ court; and 28 6 HOUSE BILL 879
237	237
238	238
239	239
240	240	(ii) Unrelated to the administration of an estate or guardianship.] 1
241	241
242	242	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
243	243	October 1, 2022. 3
244	244