EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0907*
SENATE BILL 907
G1 EMERGENCY BILL 2lr3087
CF HB 328
By: Senator Simonaire
Introduced and read first time: February 9, 2022
Assigned to: Rules
Re–referred to: Education, Health, and Environmental Affairs, February 28, 2022
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 6, 2022
CHAPTER ______
AN ACT concerning 1
Elections – Polling Place Location Restrictions – Repeal 2
FOR the purpose of repealing restrictions on holding an election in a building used, owned, 3
or occupied by an establishment that holds an alcoholic beverages license; and 4
generally relating to restrictions on polling place locations. 5
BY repealing and reenacting, with amendments, 6
Article – Election Law 7
Section 10–101(a)(4) 8
Annotated Code of Maryland 9
(2017 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Election Law 12
Section 10–101(c) 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Election Law 18
10–101. 19 2 SENATE BILL 907
(a) (4) (i) If suitable space in a public building is not available, a local board 1
may pay a reasonable fee for the use of space in a privately owned building. 2
(ii) A polling place may not be located in a privately owned building 3
unless the owner of the building agrees to: 4
1. allow electioneering on the premises up to the 5
electioneering boundary established under § 16–206(b) of this article; and 6
2. allow campaign signs on the premises, at a minimum, 7
from: 8
A. 5 p.m. the day immediately preceding election day until 8 9
a.m. on the day immediately following election day; and 10
B. 5 p.m. the day before an early voting period begins under 11
§ 10–301.1 of this title until 8 a.m. the day after the early voting period ends. 12
[(iii) Except as provided in subparagraphs (iv) and (v) of this 13
paragraph, an election may not be held in any building or part of any building used or 14
occupied by an establishment that holds an alcoholic beverages license. 15
(iv) An election may be held in a building that is owned and occupied 16
by an establishment that holds an alcoholic beverages license if: 17
1. the local board determines that there is no suitable 18
alternative place to hold an election; 19
2. the licensee agrees not to sell or dispense alcoholic 20
beverages during the period beginning 2 hours before the polls open and ending 2 hours 21
after the polls close; and 22
3. where applicable, all ballots are removed from the polling 23
place by the local board immediately following the election. 24
(v) An early voting center may be located in a building that is 25
partially occupied by an establishment that holds an alcoholic beverages license if: 26
1. the State Board, in collaboration with a local board, 27
determines that the building is a suitable site for an early voting center; and 28
2. the entrance to a licensee’s establishment is at least 100 29
feet from the entrance to the building that is closest to the part of the building where the 30
early voting center is located.] 31
SENATE BILL 907 3
(C) (1) THE STATE BOARD SHALL ADOPT REG ULATIONS GOVERNING T HE 1
USE OF A BUILDING OR PART OF A BUILDING THAT IS OWN ED, OCCUPIED, OR 2
PARTIALLY OCCUPIED B Y AN ESTABLISHMENT T HAT HOLDS AN ALCOHOL IC 3
BEVERAGES LICENSE AS A POLLING PLACE . 4
(2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 5
SUBSECTION SHALL REQ UIRE A LOCAL BOARD T O PRIORITIZE THE PL ACEMENT OF 6
POLLING LOCATIONS IN BUILDINGS THAT ARE N OT OWNED , OCCUPIED, OR 7
PARTIALLY OCCUPIED B Y AN ESTABLISHMENT T HAT HOLDS AN ALCOHOL IC 8
BEVERAGES LICENSE . 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 10
1, 2022. 11
SECTION 2. AND BE IT FURTHER ENACTED, That: 12
(a) Notwithstanding § 10–101(a)(4) of the Election Law Article, on or before 13
August 31, 2022, the State Board shall adopt regulations governing the use of a building or 14
part of a building that is owned, occupied, or partially occupied by an establishment that 15
holds an alcoholic beverages license as a polling place. 16
(b) The regulations adopted under subsection (a) of this section shall require a 17
local board of elections to prioritize the placement of polling locations in buildings that are 18
not owned, occupied, or partially occupied by an establishment that holds an alcoholic 19
beverages license. 20
SECTION 3. AND BE IT FURTHER ENACTED, That: 21
(a) Section 1 of this Act shall take effect contingent on the adoption of regulations 22
by the State Board of Elections under Section 2 of this Act. 23
(b) Within 5 days after adopting regulations under Section 2 of this Act, the State 24
Board of Elections shall provide notice to the Department of Legislative Services. 25
(c) If notice of the adoption of the regulations is received by the Department of 26
Legislative Services on or before August 31, 2022, Section 1 of this Act shall take effect on 27
the date that notice of the adoption is received by the Department of Legislative Services 28
in accordance with subsection (b) of this section. 29
(d) If the Department of Legislative Services does not receive notice that the State 30
Board of Elections has adopted regulations under Section 2 of this Act on or before August 31
31, 2022, Section 1 of this Act, with no further action required by the General Assembly, 32
shall be null and void. 33
SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 34
Act, this Act is an emergency measure, is necessary for the immediate preservation of the 35 4 SENATE BILL 907
public health or safety, has been passed by a yea and nay vote supported by three–fifths of 1
all the members elected to each of the two Houses of the General Assembly, and shall take 2
effect from the date it is enacted. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.