EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0895*
SENATE BILL 895
G1 CONSTITUTIONAL AMENDMENT 2lr2374
By: Senator Smith
Introduced and read first time: February 7, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Declaration of Rights – Campaign Financing Right to Know 2
FOR the purpose of establishing that every individual has a right to know in an open, 3
timely, and transparent manner about how, when, and by whom money is spent and 4
from whom money is raised to influence the vote of the individual for candidates for 5
office and ballot questions; and establishing that a publicly financed election is a 6
right of the people. 7
BY proposing an addition to the Maryland Constitution 8
Declaration of Rights 9
Article 48 10
Preamble 11
WHEREAS, The U.S. Constitution provides the people of this State a representative 12
government and guarantees the rights of free speech, assembly, and petition; and 13
WHEREAS, To fully exercise these rights of self–government, the public needs 14
information to choose candidates for office, decide ballot questions, and ensure that elected 15
officials are responsive to the people; and 16
WHEREAS, Our system of representative government depends in part on 17
guaranteeing that election campaigns are funded by and for the people and on eliminating 18
the corrupting and undemocratic effects of large private contributions; and 19
WHEREAS, The people have the right to know the source of the funds being spent 20
to influence the State’s elections and governmental actions; and 21
WHEREAS, That right includes transparency about how, when, and by and from 22
whom significant funds are raised and spent to influence elections and governance; now, 23
therefore, 24 2 SENATE BILL 895
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 2
proposed that the Maryland Constitution read as follows: 3
Declaration of Rights 4
ARTICLE 48. 5
(A) THAT EVERY INDIVIDUAL HAS THE RIGHT TO KNO W INFORMATION IN AN 6
OPEN, TIMELY, AND TRANSPARENT MANN ER ABOUT HOW , WHEN, AND BY WHOM 7
MONEY IS SPENT AND FROM WHOM MONEY IS RAISED TO INFLUENCE THE VOTE OF 8
THE INDIVIDUAL FOR CANDIDATES FOR O FFICE AND BALLOT QUESTIONS . 9
(B) THAT A PUBLICLY FINANCED EL ECTION IS A RIGHT OF THE PEOPLE. 10
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 11
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 12
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 13
Constitution concerning local approval of constitutional amendments do not apply. 14
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 15
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 16
voters of the State at the next general election to be held in November 2022 for adoption or 17
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 18
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 19
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 20
the Constitutional Amendment”, as now provided by law. Immediately after the election, 21
all returns shall be made to the Governor of the vote for and against the proposed 22
amendment, as directed by Article XIV of the Maryland Constitution, and further 23
proceedings had in accordance with Article XIV. 24