EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0413*
SENATE BILL 413
G1 EMERGENCY BILL 2lr1569
By: Senator Sydnor
Introduced and read first time: January 26, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Voting Rights Act of 2022 – Counties and Municipalities 2
FOR the purpose of prohibiting the imposition or application of a method for electing the 3
governing body of a county or municipality that impairs the ability of members of a 4
protected class to elect candidates of the members’ choice or influence the outcome 5
of an election by diluting or abridging the rights of voters who are members of a 6
protected class; and generally relating to voting rights of members of protected 7
classes in counties and municipalities. 8
BY adding to 9
Article – Election Law 10
Section 8–901 through 8–905 to be under the new subtitle “Subtitle 9. Voting Rights 11
– Counties” 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Local Government 16
Section 4–601 through 4–605 to be under the new subtitle “Subtitle 6. Voting Rights 17
– Municipalities” 18
Annotated Code of Maryland 19
(2013 Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Election Law 23
SUBTITLE 9. VOTING RIGHTS – COUNTIES. 24
2 SENATE BILL 413
8–901. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 4
DIFFERENCE, AS DEFINED IN FEDERAL CASE LAW REGARDING E NFORCEMENT OF 5
THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 6
OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PR OTECTED 7
CLASS, AND IN THE CHOICE OF CANDID ATES AND ELECTORAL C HOICES THAT ARE 8
PREFERRED BY VOTERS IN THE REST OF THE E LECTORATE. 9
(C) “PROTECTED CLASS ” MEANS A CLASS OF VOTERS WH O ARE MEMBERS 10
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 11
AND DEFINED IN THE FEDERAL VOTING RIGHTS ACT OF 1965, AND RELATED 12
FEDERAL CASE LAW . 13
8–902. 14
(A) THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A CO UNTY. 15
(B) THIS SUBTITLE DOES NO T APPLY TO STATEWIDE ELECTIONS . 16
8–903. 17
(A) A METHOD FOR ELECTING THE GOVERNING BODY OF A COUNTY MAY 18
NOT BE IMPOSED OR AP PLIED IN A MANNER TH AT IMPAIRS THE ABILI TY OF 19
MEMBERS OF A PROTECT ED CLASS TO ELECT CA NDIDATES OF THE MEMBERS ’ 20
CHOICE, OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOME OF AN EL ECTION, 21
AS A RESULT OF THE D ILUTION OR THE ABRID GEMENT OF THE RIGHTS OF VOTERS 22
WHO ARE MEMBERS OF A PROTECTED CLASS . 23
(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 24
(1) ELECTIONS IN A COUNT Y EXHIBIT POLARIZED VO TING; AND 25
(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDGES THE VOTI NG 26
STRENGTH OF MEMBERS OF A PROTECTED CLASS TO ELECT A CANDIDATE OF THE 27
MEMBERS’ CHOICE OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOME OF AN 28
ELECTION. 29
(C) PROOF OF INTENT ON TH E PART OF THE VOTERS OR ELECTED 30
OFFICIALS TO DISCRIM INATE AGAINST MEMBERS O F A PROTECTED CLASS IS NOT 31 SENATE BILL 413 3
REQUIRED TO ESTABLIS H A VIOLATION OF SUB SECTION (A) OF THIS SECTION. 1
(D) THE FOLLOWING FACTORS ARE PROBATIVE , BUT NOT REQUIRED TO 2
ESTABLISH A VIOLATIO N OF SUBSECTION (A) OF THIS SECTION: 3
(1) THE HISTORY O F DISCRIMINATION ; 4
(2) THE USE OF ELECTORAL DEVICES OR OTHER VOT ING PRACTICES 5
OR PROCEDURES THAT M AY ENHANCE THE DILUT IVE EFFECTS OF A MET HOD OF 6
ELECTION, INCLUDING AT LARGE E LECTIONS; 7
(3) THE DENIAL OF ACCESS TO THE PROCESSES DET ERMINING WHICH 8
GROUPS OF CANDIDATES WIL L RECEIVE FINANCIAL OR OTHER SUPPORT IN A GIVEN 9
ELECTION; 10
(4) THE EXTENT TO WHICH MEMBERS OF A PROTECT ED CLASS BEAR 11
THE EFFECTS OF PAST DISCRIMINATION IN AR EAS SUCH AS EDUCATIO N, 12
EMPLOYMENT , AND HEALTH THAT HINDERS THE ABILITY TO PARTICIPATE 13
EFFECTIVELY IN THE P OLITICAL PROCESS ; AND 14
(5) THE USE OF OVERT OR SUBTLE RACIAL APPEAL S IN POLITICAL 15
CAMPAIGNS. 16
8–904. 17
(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 18
8–903(B)(1) OF THIS SUBTITLE, THE COURT SHALL CONSIDER: 19
(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 20
BEHAVIOR, AS APPROVED IN FEDERAL CASE LAW, TO ENFORCE THE FEDERAL 21
VOTING RIGHTS ACT OF 1965; 22
(2) ELECTIONS OF THE GOV ERNING BODY OF THE C OUNTY; 23
(3) BALLOT QUESTION ELECTIONS; 24
(4) ELECTIONS WHERE AT LEAST ONE CANDIDA TE IS A MEMBER OF A 25
PROTECTED CLASS ; AND 26
(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 27
PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 28
(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE FILING OF AN 29 4 SENATE BILL 413
ACTION TO ENFORCE § 8–903(A) OF THIS SUBTITLE ARE MORE PROBATIVE T O 1
ESTABLISH THE EXISTE NCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 2
AFTER THE FILING OF AN ACTION. 3
(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 4
PROTECTED CLASS AND WHO WERE ELECTED BEFORE THE FILING OF AN ACT ION TO 5
ENFORCE § 8–903(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 6
POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 7
PROTECTED CLASS TO ELECT CANDI DATES OF ITS CHOICE. 8
(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 9
GEOGRAPHICALLY COMPA CT OR CONCENTRATED M AY NOT PRECLUDE A FI NDING OF 10
POLARIZED VOTING OR A VIOLATION OF § 8–903(A) OF THIS SUBTITLE, BUT IT MAY 11
BE A FACTOR THAT IS CONSIDERED . 12
8–905. 13
THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE § 8–903 OF 14
THIS SUBTITLE IN THE COUNTY WHERE THE VIOLATION ALLEGEDLY OCCURRED F OR 15
INJUNCTIVE RELIEF , DAMAGES, OR OTHER RELIEF . 16
Article – Local Government 17
SUBTITLE 6. VOTING RIGHTS – MUNICIPALITIES. 18
4–601. 19
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 22
DIFFERENCE, AS DEFINED IN FEDERA L CASE LAW REGARDING ENFORCEMENT OF 23
THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 24
OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PR OTECTED 25
CLASS, AND IN THE CHOICE OF CANDIDATES AND ELECT ORAL CHOICES THAT AR E 26
PREFERRED BY VOTERS IN THE REST OF THE E LECTORATE. 27
(C) “PROTECTED CLAS S” MEANS A CLASS OF VOT ERS WHO ARE MEMBERS 28
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 29
AND DEFINED IN THE F EDERAL VOTING RIGHTS ACT OF 1965, AND RELATED 30
FEDERAL CASE LAW . 31
4–602. 32 SENATE BILL 413 5
THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A MUNICIPALITY. 1
4–603. 2
(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A MUNICIPALITY 3
MAY NOT BE IMPOSED O R APPLIED IN A MANNE R THAT IMPAIRS THE A BILITY OF 4
MEMBERS OF A PROTECT ED CLASS TO ELECT CA NDIDATES OF THE MEMBERS ’ 5
CHOICE, OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOM E OF AN ELECTION, 6
AS A RESULT OF THE D ILUTION OR THE ABRID GEMENT OF THE RIGHTS OF VOTERS 7
WHO ARE MEMBERS OF A PROTECTED CLASS . 8
(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 9
(1) ELECTIONS IN A MUNICIPALITY EXHIBIT POLARIZED VO TING; AND 10
(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 11
STRENGTH OF MEMBERS OF A PROTECTED CLASS TO ELECT A CANDIDATE OF THE 12
MEMBERS’ CHOICE OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOME OF AN 13
ELECTION. 14
(C) PROOF OF INTENT ON THE PART O F THE VOTERS OR ELEC TED 15
OFFICIALS TO DISCRIM INATE AGAINST MEMBER S OF A PROTECTED CLA SS IS NOT 16
REQUIRED TO ESTABLIS H A VIOLATION OF SUB SECTION (A) OF THIS SECTION. 17
(D) THE FOLLOWING FACTORS ARE PROBATIVE , BUT NOT REQUIRED TO 18
ESTABLISH A VIOLATION OF SUBSE CTION (A) OF THIS SECTION: 19
(1) THE HISTORY OF DISCR IMINATION; 20
(2) THE USE OF ELECTORAL DEVICES OR OTHER VOT ING PRACTICES 21
OR PROCEDURES THAT M AY ENHANCE THE DILUT IVE EFFECTS OF A MET HOD OF 22
ELECTION, INCLUDING AT LARGE E LECTIONS; 23
(3) THE DENIAL OF ACCESS TO THE PROCESSES DET ERMINING WHICH 24
GROUPS OF CANDIDATES WILL RECEIVE FINANCI AL OR OTHER SUPPORT IN A GIVEN 25
ELECTION; 26
(4) THE EXTENT TO WHICH MEMBERS OF A PROTECT ED CLASS BEAR 27
THE EFFECTS OF PAST DISCRIMINATION IN AR EAS SUCH AS EDUCATION , 28
EMPLOYMENT , AND HEALTH THAT HINDERS THE ABILITY TO PARTICIPATE 29
EFFECTIVELY IN THE P OLITICAL PROCESS ; AND 30
6 SENATE BILL 413
(5) THE USE OF OVERT OR SUBTLE RACIAL APPEAL S IN POLITICAL 1
CAMPAIGNS. 2
4–604. 3
(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 4
4–603(B)(1) OF THIS SUBTITLE, THE COURT SHALL CONS IDER: 5
(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 6
BEHAVIOR, AS APPROVED IN FEDER AL CASE LAW , TO ENFORCE THE FEDER AL 7
VOTING RIGHTS ACT OF 1965; 8
(2) ELECTIONS OF THE GOV ERNING BODY OF THE MUNICIPALITY; 9
(3) BALLOT QUESTION ELEC TIONS; 10
(4) ELECTIONS WHERE AT L EAST ONE CANDIDATE I S A MEMBER OF A 11
PROTECTED CLASS ; AND 12
(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 13
PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 14
(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE FILING OF AN 15
ACTION TO ENFORCE § 4–603(A) OF THIS SUBTITLE ARE MORE PROBATIVE TO 16
ESTABLISH THE EXISTE NCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 17
AFTER THE FILING OF AN ACTION. 18
(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 19
PROTECTED CLASS AND WHO WERE ELECTED BEFORE THE FILING OF AN ACT ION TO 20
ENFORCE § 4–603(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 21
POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 22
PROTECTED CLASS TO ELECT CANDI DATES OF ITS CHOICE. 23
(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 24
GEOGRAPHICALLY COMPA CT OR CONCENTRATED M AY NOT PRECLUDE A FI NDING OF 25
POLARIZED VOTING OR A VIOLATION OF § 4–603(A) OF THIS SUBTITLE , BUT IT MAY 26
BE A FACTOR THAT IS CONSIDERED . 27
4–605. 28
THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE § 4–603 OF 29
THIS SUBTITLE IN THE MUNICIPALITY WHERE THE VIOLATION ALLEGEDLY 30
OCCURRED FOR INJUNCT IVE RELIEF, DAMAGES, OR OTHER RELIEF . 31 SENATE BILL 413 7
SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act is an emergency 1
measure, is necessary for the immediate preservation of the public health or safety, has 2
been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
each of the two Houses of the General Assembly, and shall take effect from the date it is 4
enacted. 5