Maryland 2022 Regular Session

Maryland Senate Bill SB413 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	sb0413
6	6
7	7	SENATE BILL 413
8	8	G1 EMERGENCY BILL 2lr1569
9	9
10	10	By: Senator Sydnor
11	11	Introduced and read first time: January 26, 2022
12	12	Assigned to: Education, Health, and Environmental Affairs
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Voting Rights Act of 2022 – Counties and Municipalities 2
19	19
20	20	FOR the purpose of prohibiting the imposition or application of a method for electing the 3
21	21	governing body of a county or municipality that impairs the ability of members of a 4
22	22	protected class to elect candidates of the members’ choice or influence the outcome 5
23	23	of an election by diluting or abridging the rights of voters who are members of a 6
24	24	protected class; and generally relating to voting rights of members of protected 7
25	25	classes in counties and municipalities. 8
26	26
27	27	BY adding to 9
28	28	Article – Election Law 10
29	29	Section 8–901 through 8–905 to be under the new subtitle “Subtitle 9. Voting Rights 11
30	30	– Counties” 12
31	31	Annotated Code of Maryland 13
32	32	(2017 Replacement Volume and 2021 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Local Government 16
36	36	Section 4–601 through 4–605 to be under the new subtitle “Subtitle 6. Voting Rights 17
37	37	– Municipalities” 18
38	38	Annotated Code of Maryland 19
39	39	(2013 Volume and 2021 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Election Law 23
45	45
46	46	SUBTITLE 9. VOTING RIGHTS – COUNTIES. 24
47	47	2 SENATE BILL 413
48	48
49	49
50	50	8–901. 1
51	51
52	52	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
53	53	INDICATED. 3
54	54
55	55	(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 4
56	56	DIFFERENCE, AS DEFINED IN FEDERAL CASE LAW REGARDING E NFORCEMENT OF 5
57	57	THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 6
58	58	OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PR OTECTED 7
59	59	CLASS, AND IN THE CHOICE OF CANDID ATES AND ELECTORAL C HOICES THAT ARE 8
60	60	PREFERRED BY VOTERS IN THE REST OF THE E LECTORATE. 9
61	61
62	62	(C) “PROTECTED CLASS ” MEANS A CLASS OF VOTERS WH O ARE MEMBERS 10
63	63	OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 11
64	64	AND DEFINED IN THE FEDERAL VOTING RIGHTS ACT OF 1965, AND RELATED 12
65	65	FEDERAL CASE LAW . 13
66	66
67	67	8–902. 14
68	68
69	69	(A) THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A CO UNTY. 15
70	70
71	71	(B) THIS SUBTITLE DOES NO T APPLY TO STATEWIDE ELECTIONS . 16
72	72
73	73	8–903. 17
74	74
75	75	(A) A METHOD FOR ELECTING THE GOVERNING BODY OF A COUNTY MAY 18
76	76	NOT BE IMPOSED OR AP PLIED IN A MANNER TH AT IMPAIRS THE ABILI TY OF 19
77	77	MEMBERS OF A PROTECT ED CLASS TO ELECT CA NDIDATES OF THE MEMBERS ’ 20
78	78	CHOICE, OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOME OF AN EL ECTION, 21
79	79	AS A RESULT OF THE D ILUTION OR THE ABRID GEMENT OF THE RIGHTS OF VOTERS 22
80	80	WHO ARE MEMBERS OF A PROTECTED CLASS . 23
81	81
82	82	(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 24
83	83
84	84	(1) ELECTIONS IN A COUNT Y EXHIBIT POLARIZED VO TING; AND 25
85	85
86	86	(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDGES THE VOTI NG 26
87	87	STRENGTH OF MEMBERS OF A PROTECTED CLASS TO ELECT A CANDIDATE OF THE 27
88	88	MEMBERS’ CHOICE OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOME OF AN 28
89	89	ELECTION. 29
90	90
91	91	(C) PROOF OF INTENT ON TH E PART OF THE VOTERS OR ELECTED 30
92	92	OFFICIALS TO DISCRIM INATE AGAINST MEMBERS O F A PROTECTED CLASS IS NOT 31 SENATE BILL 413 3
93	93
94	94
95	95	REQUIRED TO ESTABLIS H A VIOLATION OF SUB SECTION (A) OF THIS SECTION. 1
96	96
97	97	(D) THE FOLLOWING FACTORS ARE PROBATIVE , BUT NOT REQUIRED TO 2
98	98	ESTABLISH A VIOLATIO N OF SUBSECTION (A) OF THIS SECTION: 3
99	99
100	100	(1) THE HISTORY O F DISCRIMINATION ; 4
101	101
102	102	(2) THE USE OF ELECTORAL DEVICES OR OTHER VOT ING PRACTICES 5
103	103	OR PROCEDURES THAT M AY ENHANCE THE DILUT IVE EFFECTS OF A MET HOD OF 6
104	104	ELECTION, INCLUDING AT LARGE E LECTIONS; 7
105	105
106	106	(3) THE DENIAL OF ACCESS TO THE PROCESSES DET ERMINING WHICH 8
107	107	GROUPS OF CANDIDATES WIL L RECEIVE FINANCIAL OR OTHER SUPPORT IN A GIVEN 9
108	108	ELECTION; 10
109	109
110	110	(4) THE EXTENT TO WHICH MEMBERS OF A PROTECT ED CLASS BEAR 11
111	111	THE EFFECTS OF PAST DISCRIMINATION IN AR EAS SUCH AS EDUCATIO N, 12
112	112	EMPLOYMENT , AND HEALTH THAT HINDERS THE ABILITY TO PARTICIPATE 13
113	113	EFFECTIVELY IN THE P OLITICAL PROCESS ; AND 14
114	114
115	115	(5) THE USE OF OVERT OR SUBTLE RACIAL APPEAL S IN POLITICAL 15
116	116	CAMPAIGNS. 16
117	117
118	118	8–904. 17
119	119
120	120	(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 18
121	121	8–903(B)(1) OF THIS SUBTITLE, THE COURT SHALL CONSIDER: 19
122	122
123	123	(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 20
124	124	BEHAVIOR, AS APPROVED IN FEDERAL CASE LAW, TO ENFORCE THE FEDERAL 21
125	125	VOTING RIGHTS ACT OF 1965; 22
126	126
127	127	(2) ELECTIONS OF THE GOV ERNING BODY OF THE C OUNTY; 23
128	128
129	129	(3) BALLOT QUESTION ELECTIONS; 24
130	130
131	131	(4) ELECTIONS WHERE AT LEAST ONE CANDIDA TE IS A MEMBER OF A 25
132	132	PROTECTED CLASS ; AND 26
133	133
134	134	(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 27
135	135	PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 28
136	136
137	137	(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE FILING OF AN 29 4 SENATE BILL 413
138	138
139	139
140	140	ACTION TO ENFORCE § 8–903(A) OF THIS SUBTITLE ARE MORE PROBATIVE T O 1
141	141	ESTABLISH THE EXISTE NCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 2
142	142	AFTER THE FILING OF AN ACTION. 3
143	143
144	144	(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 4
145	145	PROTECTED CLASS AND WHO WERE ELECTED BEFORE THE FILING OF AN ACT ION TO 5
146	146	ENFORCE § 8–903(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 6
147	147	POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 7
148	148	PROTECTED CLASS TO ELECT CANDI DATES OF ITS CHOICE. 8
149	149
150	150	(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 9
151	151	GEOGRAPHICALLY COMPA CT OR CONCENTRATED M AY NOT PRECLUDE A FI NDING OF 10
152	152	POLARIZED VOTING OR A VIOLATION OF § 8–903(A) OF THIS SUBTITLE, BUT IT MAY 11
153	153	BE A FACTOR THAT IS CONSIDERED . 12
154	154
155	155	8–905. 13
156	156
157	157	THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE § 8–903 OF 14
158	158	THIS SUBTITLE IN THE COUNTY WHERE THE VIOLATION ALLEGEDLY OCCURRED F OR 15
159	159	INJUNCTIVE RELIEF , DAMAGES, OR OTHER RELIEF . 16
160	160
161	161	Article – Local Government 17
162	162
163	163	SUBTITLE 6. VOTING RIGHTS – MUNICIPALITIES. 18
164	164
165	165	4–601. 19
166	166
167	167	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
168	168	INDICATED. 21
169	169
170	170	(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 22
171	171	DIFFERENCE, AS DEFINED IN FEDERA L CASE LAW REGARDING ENFORCEMENT OF 23
172	172	THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 24
173	173	OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PR OTECTED 25
174	174	CLASS, AND IN THE CHOICE OF CANDIDATES AND ELECT ORAL CHOICES THAT AR E 26
175	175	PREFERRED BY VOTERS IN THE REST OF THE E LECTORATE. 27
176	176
177	177	(C) “PROTECTED CLAS S” MEANS A CLASS OF VOT ERS WHO ARE MEMBERS 28
178	178	OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 29
179	179	AND DEFINED IN THE F EDERAL VOTING RIGHTS ACT OF 1965, AND RELATED 30
180	180	FEDERAL CASE LAW . 31
181	181
182	182	4–602. 32 SENATE BILL 413 5
183	183
184	184
185	185
186	186	THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A MUNICIPALITY. 1
187	187
188	188	4–603. 2
189	189
190	190	(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A MUNICIPALITY 3
191	191	MAY NOT BE IMPOSED O R APPLIED IN A MANNE R THAT IMPAIRS THE A BILITY OF 4
192	192	MEMBERS OF A PROTECT ED CLASS TO ELECT CA NDIDATES OF THE MEMBERS ’ 5
193	193	CHOICE, OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOM E OF AN ELECTION, 6
194	194	AS A RESULT OF THE D ILUTION OR THE ABRID GEMENT OF THE RIGHTS OF VOTERS 7
195	195	WHO ARE MEMBERS OF A PROTECTED CLASS . 8
196	196
197	197	(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 9
198	198
199	199	(1) ELECTIONS IN A MUNICIPALITY EXHIBIT POLARIZED VO TING; AND 10
200	200
201	201	(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 11
202	202	STRENGTH OF MEMBERS OF A PROTECTED CLASS TO ELECT A CANDIDATE OF THE 12
203	203	MEMBERS’ CHOICE OR THE MEMBERS ’ ABILITY TO INFLUENCE THE OUTCOME OF AN 13
204	204	ELECTION. 14
205	205
206	206	(C) PROOF OF INTENT ON THE PART O F THE VOTERS OR ELEC TED 15
207	207	OFFICIALS TO DISCRIM INATE AGAINST MEMBER S OF A PROTECTED CLA SS IS NOT 16
208	208	REQUIRED TO ESTABLIS H A VIOLATION OF SUB SECTION (A) OF THIS SECTION. 17
209	209
210	210	(D) THE FOLLOWING FACTORS ARE PROBATIVE , BUT NOT REQUIRED TO 18
211	211	ESTABLISH A VIOLATION OF SUBSE CTION (A) OF THIS SECTION: 19
212	212
213	213	(1) THE HISTORY OF DISCR IMINATION; 20
214	214
215	215	(2) THE USE OF ELECTORAL DEVICES OR OTHER VOT ING PRACTICES 21
216	216	OR PROCEDURES THAT M AY ENHANCE THE DILUT IVE EFFECTS OF A MET HOD OF 22
217	217	ELECTION, INCLUDING AT LARGE E LECTIONS; 23
218	218
219	219	(3) THE DENIAL OF ACCESS TO THE PROCESSES DET ERMINING WHICH 24
220	220	GROUPS OF CANDIDATES WILL RECEIVE FINANCI AL OR OTHER SUPPORT IN A GIVEN 25
221	221	ELECTION; 26
222	222
223	223	(4) THE EXTENT TO WHICH MEMBERS OF A PROTECT ED CLASS BEAR 27
224	224	THE EFFECTS OF PAST DISCRIMINATION IN AR EAS SUCH AS EDUCATION , 28
225	225	EMPLOYMENT , AND HEALTH THAT HINDERS THE ABILITY TO PARTICIPATE 29
226	226	EFFECTIVELY IN THE P OLITICAL PROCESS ; AND 30
227	227	6 SENATE BILL 413
228	228
229	229
230	230	(5) THE USE OF OVERT OR SUBTLE RACIAL APPEAL S IN POLITICAL 1
231	231	CAMPAIGNS. 2
232	232
233	233	4–604. 3
234	234
235	235	(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 4
236	236	4–603(B)(1) OF THIS SUBTITLE, THE COURT SHALL CONS IDER: 5
237	237
238	238	(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 6
239	239	BEHAVIOR, AS APPROVED IN FEDER AL CASE LAW , TO ENFORCE THE FEDER AL 7
240	240	VOTING RIGHTS ACT OF 1965; 8
241	241
242	242	(2) ELECTIONS OF THE GOV ERNING BODY OF THE MUNICIPALITY; 9
243	243
244	244	(3) BALLOT QUESTION ELEC TIONS; 10
245	245
246	246	(4) ELECTIONS WHERE AT L EAST ONE CANDIDATE I S A MEMBER OF A 11
247	247	PROTECTED CLASS ; AND 12
248	248
249	249	(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 13
250	250	PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 14
251	251
252	252	(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE FILING OF AN 15
253	253	ACTION TO ENFORCE § 4–603(A) OF THIS SUBTITLE ARE MORE PROBATIVE TO 16
254	254	ESTABLISH THE EXISTE NCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 17
255	255	AFTER THE FILING OF AN ACTION. 18
256	256
257	257	(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 19
258	258	PROTECTED CLASS AND WHO WERE ELECTED BEFORE THE FILING OF AN ACT ION TO 20
259	259	ENFORCE § 4–603(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 21
260	260	POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 22
261	261	PROTECTED CLASS TO ELECT CANDI DATES OF ITS CHOICE. 23
262	262
263	263	(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 24
264	264	GEOGRAPHICALLY COMPA CT OR CONCENTRATED M AY NOT PRECLUDE A FI NDING OF 25
265	265	POLARIZED VOTING OR A VIOLATION OF § 4–603(A) OF THIS SUBTITLE , BUT IT MAY 26
266	266	BE A FACTOR THAT IS CONSIDERED . 27
267	267
268	268	4–605. 28
269	269
270	270	THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE § 4–603 OF 29
271	271	THIS SUBTITLE IN THE MUNICIPALITY WHERE THE VIOLATION ALLEGEDLY 30
272	272	OCCURRED FOR INJUNCT IVE RELIEF, DAMAGES, OR OTHER RELIEF . 31 SENATE BILL 413 7
273	273
274	274
275	275
276	276	SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act is an emergency 1
277	277	measure, is necessary for the immediate preservation of the public health or safety, has 2
278	278	been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
279	279	each of the two Houses of the General Assembly, and shall take effect from the date it is 4
280	280	enacted. 5