MD
Maryland Senate Bill SB907

Maryland 2022 Regular Session

Maryland Senate Bill SB907 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 192
21
3-– 1 –
4-Chapter 192
5-(Senate Bill 907)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0907*
89
9-Elections – Polling Place Location Restrictions – Repeal
10+SENATE BILL 907
11+G1 EMERGENCY BILL 2lr3087
12+ CF HB 328
13+By: Senator Simonaire
14+Introduced and read first time: February 9, 2022
15+Assigned to: Rules
16+Re–referred to: Education, Health, and Environmental Affairs, February 28, 2022
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: March 6, 2022
1020
11-FOR the purpose of repealing restrictions on holding an election in a building used, owned,
12-or occupied by an establishment that holds an alcoholic beverages license; and
13-generally relating to restrictions on polling place locations.
21+CHAPTER ______
1422
15-BY repealing and reenacting, with amendments,
16- Article – Election Law
17-Section 10–101(a)(4)
18- Annotated Code of Maryland
19- (2017 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2024
21-BY adding to
22- Article – Election Law
23- Section 10–101(c)
24- Annotated Code of Maryland
25- (2017 Replacement Volume and 2021 Supplement)
25+Elections – Polling Place Location Restrictions – Repeal 2
2626
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
27+FOR the purpose of repealing restrictions on holding an election in a building used, owned, 3
28+or occupied by an establishment that holds an alcoholic beverages license; and 4
29+generally relating to restrictions on polling place locations. 5
2930
30-Article – Election Law
31+BY repealing and reenacting, with amendments, 6
32+ Article – Election Law 7
33+Section 10–101(a)(4) 8
34+ Annotated Code of Maryland 9
35+ (2017 Replacement Volume and 2021 Supplement) 10
3136
32-10–101.
37+BY adding to 11
38+ Article – Election Law 12
39+ Section 10–101(c) 13
40+ Annotated Code of Maryland 14
41+ (2017 Replacement Volume and 2021 Supplement) 15
3342
34- (a) (4) (i) If suitable space in a public building is not available, a local board
35-may pay a reasonable fee for the use of space in a privately owned building.
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
44+That the Laws of Maryland read as follows: 17
3645
37- (ii) A polling place may not be located in a privately owned building
38-unless the owner of the building agrees to:
46+Article – Election Law 18
3947
40- 1. allow electioneering on the premises up to the
41-electioneering boundary established under § 16–206(b) of this article; and
48+10–101. 19 2 SENATE BILL 907
4249
43- 2. allow campaign signs on the premises, at a minimum,
44-from:
4550
46- A. 5 p.m. the day immediately preceding election day until 8
47-a.m. on the day immediately following election day; and
48- Ch. 192 2022 LAWS OF MARYLAND
4951
50-– 2 –
51- B. 5 p.m. the day before an early voting period begins under
52-§ 10–301.1 of this title until 8 a.m. the day after the early voting period ends.
52+ (a) (4) (i) If suitable space in a public building is not available, a local board 1
53+may pay a reasonable fee for the use of space in a privately owned building. 2
5354
54- [(iii) Except as provided in subparagraphs (iv) and (v) of this
55-paragraph, an election may not be held in any building or part of any building used or
56-occupied by an establishment that holds an alcoholic beverages license.
55+ (ii) A polling place may not be located in a privately owned building 3
56+unless the owner of the building agrees to: 4
5757
58- (iv) An election may be held in a building that is owned and occupied
59-by an establishment that holds an alcoholic beverages license if:
58+ 1. allow electioneering on the premises up to the 5
59+electioneering boundary established under § 16–206(b) of this article; and 6
6060
61- 1. the local board determines that there is no suitable
62-alternative place to hold an election;
61+ 2. allow campaign signs on the premises, at a minimum, 7
62+from: 8
6363
64- 2. the licensee agrees not to sell or dispense alcoholic
65-beverages during the period beginning 2 hours before the polls open and ending 2 hours
66-after the polls close; and
64+ A. 5 p.m. the day immediately preceding election day until 8 9
65+a.m. on the day immediately following election day; and 10
6766
68- 3. where applicable, all ballots are removed from the polling
69-place by the local board immediately following the election.
67+ B. 5 p.m. the day before an early voting period begins under 11
68+§ 10–301.1 of this title until 8 a.m. the day after the early voting period ends. 12
7069
71- (v) An early voting center may be located in a building that is
72-partially occupied by an establishment that holds an alcoholic beverages license if:
70+ [(iii) Except as provided in subparagraphs (iv) and (v) of this 13
71+paragraph, an election may not be held in any building or part of any building used or 14
72+occupied by an establishment that holds an alcoholic beverages license. 15
7373
74- 1. the State Board, in collaboration with a local board,
75-determines that the building is a suitable site for an early voting center; and
74+ (iv) An election may be held in a building that is owned and occupied 16
75+by an establishment that holds an alcoholic beverages license if: 17
7676
77- 2. the entrance to a licensee’s establishment is at least 100
78-feet from the entrance to the building that is closest to the part of the building where the
79-early voting center is located.]
77+ 1. the local board determines that there is no suitable 18
78+alternative place to hold an election; 19
8079
81- (C) (1) THE STATE BOARD SHALL ADOPT REG ULATIONS GOVERNING T HE
82-USE OF A BUILDING OR PART OF A BUILDING T HAT IS OWNED , OCCUPIED, OR
83-PARTIALLY OCCUPIED B Y AN ESTABLISHMENT T HAT HOLDS AN ALCOHOLIC
84-BEVERAGES LICENSE AS A POLLING PLACE .
80+ 2. the licensee agrees not to sell or dispense alcoholic 20
81+beverages during the period beginning 2 hours before the polls open and ending 2 hours 21
82+after the polls close; and 22
8583
86- (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS
87-SUBSECTION SHALL REQ UIRE A LOCAL BOARD T O PRIORITIZE THE PLA CEMENT OF
88-POLLING LOCATIONS IN BUILDINGS THAT ARE N OT OWNED , OCCUPIED, OR
89-PARTIALLY OCCUP IED BY AN ESTABLISHM ENT THAT HOLDS AN AL COHOLIC
90-BEVERAGES LICENSE .
84+ 3. where applicable, all ballots are removed from the polling 23
85+place by the local board immediately following the election. 24
9186
92- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
93-1, 2022.
87+ (v) An early voting center may be located in a building that is 25
88+partially occupied by an establishment that holds an alcoholic beverages license if: 26
9489
95- SECTION 2. AND BE IT FURTHER ENACTED, That: LAWRENCE J. HOGAN, JR., Governor Ch. 192
90+ 1. the State Board, in collaboration with a local board, 27
91+determines that the building is a suitable site for an early voting center; and 28
9692
97-– 3 –
93+ 2. the entrance to a licensee’s establishment is at least 100 29
94+feet from the entrance to the building that is closest to the part of the building where the 30
95+early voting center is located.] 31
96+ SENATE BILL 907 3
9897
99- (a) Notwithstanding § 10–101(a)(4) of the Election Law Article, on or before
100-August 31, 2022, the State Board shall adopt regulations governing the use of a building or
101-part of a building that is owned, occupied, or partially occupied by an establishment that
102-holds an alcoholic beverages license as a polling place.
10398
104- (b) The regulations adopted under subsection (a) of this section shall require a
105-local board of elections to prioritize the placement of polling locations in buildings that are
106-not owned, occupied, or partially occupied by an establishment that holds an alcoholic
107-beverages license.
99+ (C) (1) THE STATE BOARD SHALL ADOPT REG ULATIONS GOVERNING T HE 1
100+USE OF A BUILDING OR PART OF A BUILDING THAT IS OWN ED, OCCUPIED, OR 2
101+PARTIALLY OCCUPIED B Y AN ESTABLISHMENT T HAT HOLDS AN ALCOHOL IC 3
102+BEVERAGES LICENSE AS A POLLING PLACE . 4
108103
109- SECTION 3. AND BE IT FURTHER ENACTED, That:
104+ (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 5
105+SUBSECTION SHALL REQ UIRE A LOCAL BOARD T O PRIORITIZE THE PL ACEMENT OF 6
106+POLLING LOCATIONS IN BUILDINGS THAT ARE N OT OWNED , OCCUPIED, OR 7
107+PARTIALLY OCCUPIED B Y AN ESTABLISHMENT T HAT HOLDS AN ALCOHOL IC 8
108+BEVERAGES LICENSE . 9
110109
111- (a) Section 1 of this Act shall take effect contingent on the adoption of regulations
112-by the State Board of Elections under Section 2 of this Act.
110+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 10
111+1, 2022. 11
113112
114- (b) Within 5 days after adopting regulations under Section 2 of this Act, the State
115-Board of Elections shall provide notice to the Department of Legislative Services.
113+ SECTION 2. AND BE IT FURTHER ENACTED, That: 12
116114
117- (c) If notice of the adoption of the regulations is received by the Department of
118-Legislative Services on or before August 31, 2022, Section 1 of this Act shall take effect on
119-the date that notice of the adoption is received by the Department of Legislative Services
120-in accordance with subsection (b) of this section.
115+ (a) Notwithstanding § 10–101(a)(4) of the Election Law Article, on or before 13
116+August 31, 2022, the State Board shall adopt regulations governing the use of a building or 14
117+part of a building that is owned, occupied, or partially occupied by an establishment that 15
118+holds an alcoholic beverages license as a polling place. 16
121119
122- (d) If the Department of Legislative Services does not receive notice that the State
123-Board of Elections has adopted regulations under Section 2 of this Act on or before August
124-31, 2022, Section 1 of this Act, with no further action required by the General Assembly,
125-shall be null and void.
120+ (b) The regulations adopted under subsection (a) of this section shall require a 17
121+local board of elections to prioritize the placement of polling locations in buildings that are 18
122+not owned, occupied, or partially occupied by an establishment that holds an alcoholic 19
123+beverages license. 20
126124
127- SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this
128-Act, this Act is an emergency measure, is necessary for the immediate preservation of the
129-public health or safety, has been passed by a yea and nay vote supported by three–fifths of
130-all the members elected to each of the two Houses of the General Assembly, and shall take
131-effect from the date it is enacted.
125+ SECTION 3. AND BE IT FURTHER ENACTED, That: 21
132126
133-Approved by the Governor, April 21, 2022.
127+ (a) Section 1 of this Act shall take effect contingent on the adoption of regulations 22
128+by the State Board of Elections under Section 2 of this Act. 23
129+
130+ (b) Within 5 days after adopting regulations under Section 2 of this Act, the State 24
131+Board of Elections shall provide notice to the Department of Legislative Services. 25
132+
133+ (c) If notice of the adoption of the regulations is received by the Department of 26
134+Legislative Services on or before August 31, 2022, Section 1 of this Act shall take effect on 27
135+the date that notice of the adoption is received by the Department of Legislative Services 28
136+in accordance with subsection (b) of this section. 29
137+
138+ (d) If the Department of Legislative Services does not receive notice that the State 30
139+Board of Elections has adopted regulations under Section 2 of this Act on or before August 31
140+31, 2022, Section 1 of this Act, with no further action required by the General Assembly, 32
141+shall be null and void. 33
142+
143+ SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 34
144+Act, this Act is an emergency measure, is necessary for the immediate preservation of the 35 4 SENATE BILL 907
145+
146+
147+public health or safety, has been passed by a yea and nay vote supported by three–fifths of 1
148+all the members elected to each of the two Houses of the General Assembly, and shall take 2
149+effect from the date it is enacted. 3
150+
151+
152+
153+
154+Approved:
155+________________________________________________________________________________
156+ Governor.
157+________________________________________________________________________________
158+ President of the Senate.
159+________________________________________________________________________________
160+ Speaker of the House of Delegates.