EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1104*
HOUSE BILL 1104
G1 EMERGENCY BILL 3lr2549
CF SB 878
By: Delegate Smith
Introduced and read first time: February 10, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Voting Rights Act of 2023 – Counties and Municipalities 2
FOR the purpose of prohibiting local governments from impairing or diminishing the right 3
of a protected class member to vote or influence election outcomes; establishing 4
requirements on local governments regarding proposals for shifting methods of 5
election and districting plans; requiring the Civil Rights Division of the Office of the 6
Attorney General to approve or deny proposed local government remedies to address 7
certain violations; establishing requirements on the State Board of Elections and 8
local governments related to the provision of language–related assistance in local 9
government elections; requiring the Civil Rights Division or the Circuit Court for 10
Anne Arundel County to review and grant preclearance to certain policies before 11
enactment or implementation; establishing the Statewide Election Database and 12
Information Office to maintain and administer election–related data; prohibiting 13
acts of intimidation or obstruction that interfere with the right to vote; and generally 14
relating to voting rights in counties and municipalities. 15
BY adding to 16
Article – Election Law 17
Section 15.5–101 through 15.5–801 to be under the new title “Title 15.5. Voting 18
Rights Act – Counties and Municipalities” 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Election Law 24
TITLE 15.5. VOTING RIGHTS ACT – COUNTIES AND MUNICIPALITIES. 25
2 HOUSE BILL 1104
SUBTITLE 1. DEFINITIONS AND GENERAL PROVISIONS. 1
15.5–101. 2
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 3
INDICATED UNLESS A D IFFERENT MEANING IS CLEARLY INTENDED FRO M THE 4
CONTEXT. 5
(B) (1) “ALTERNATIVE METHOD OF ELECTION ” MEANS A METHOD OF 6
ELECTING CANDIDATES TO THE LEGISLATIVE B ODY OF A LOCAL GOVER NMENT 7
OTHER THAN AN AT –LARGE METHOD OF ELEC TION OR A DISTRICT –BASED METHOD 8
OF ELECTION. 9
(2) “ALTERNATIVE METHOD OF ELECTION” INCLUDES 10
PROPORTIONAL RANKED –CHOICE VOTING , CUMULATIVE VOTING , AND LIMITED 11
VOTING. 12
(C) (1) “AT–LARGE METHOD OF ELEC TION” MEANS A METHOD OF 13
ELECTING CANDIDATES TO THE LEGISLATIVE B ODY OF A LOCAL GOVER NMENT IN 14
WHICH THE CANDIDATES ARE VOTED ON BY ALL VOTERS OF THE LOCAL 15
GOVERNMENT . 16
(2) “AT–LARGE METHOD OF ELEC TION” DOES NOT INCLUDE ANY 17
ALTERNATIVE METHOD O F ELECTION. 18
(D) “CIVIL RIGHTS DIVISION” MEANS THE CIVIL RIGHTS DIVISION OF THE 19
OFFICE OF THE ATTORNEY GENERAL. 20
(E) “COURT” MEANS THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. 21
(F) “DISTRICT–BASED METHOD OF ELEC TION” MEANS A METHOD OF 22
ELECTING CANDIDATES TO THE LEGISLATIVE B ODY OF A LOCAL GOVER NMENT IN 23
WHICH, FOR LOCAL GOVERNMENT S DIVIDED INTO DISTR ICTS, A CANDIDATE FOR 24
ANY DISTRICT IS REQU IRED TO RESIDE IN TH E DISTRICT AND CANDI DATES 25
REPRESENTING OR SEEK ING TO REPRESENT THE DISTRICT ARE VOTED O N BY ONLY 26
THE VOTERS OF THE DI STRICT. 27
(G) “FEDERAL VOTING RIGHTS ACT” MEANS THE FEDERAL VOTING 28
RIGHTS ACT OF 1965. 29
(H) “LEGISLATIVE BODY ” MEANS: 30
(1) FOR BALTIMORE CITY, THE CITY COUNCIL OF BALTIMORE CITY; 31 HOUSE BILL 1104 3
(2) FOR A CHARTER COUNTY , THE COUNTY COUNCIL ; 1
(3) FOR A CODE HOME RULE COUNTY, THE COUNTY COMMISSIO NERS; 2
(4) FOR A COMMISSION COU NTY, THE COUNTY COMMISSIO NERS; 3
(5) FOR A MUNICIPALITY , THE REPRESENTATIVE B ODY PROVIDED 4
UNDER THE MUNICIPAL CHAR TER; AND 5
(6) FOR A COUNTY BOARD O F EDUCATION , THE ELECTED VOTING 6
MEMBERS OF THE COUNT Y BOARD OF EDUCATION . 7
(I) “LOCAL GOVERNMENT ” MEANS: 8
(1) A MUNICIPALITY OR CO UNTY, AS THOSE TERMS ARE D EFINED IN § 9
1–101 OF THE LOCAL GOVERNMENT ARTICLE; OR 10
(2) A COUNTY BOARD OF ED UCATION, AS DEFINED § 1–101 OF THE 11
EDUCATION ARTICLE. 12
(J) “PROTECTED CLASS ” MEANS A CLASS OF CIT IZENS WHO ARE MEMBER S 13
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS REFERENCED IN THE 14
FEDERAL VOTING RIGHTS ACT. 15
(K) “RACIALLY POLARIZED VO TING” MEANS VOTING IN WHIC H THERE IS A 16
DIVERGENCE BETWEEN T HE CANDIDATE OR ELEC TORAL CHOICE PREFERR ED BY 17
PROTECTED CLASS VOTE RS AND THE CANDIDATE OR ELECTORAL CHOICE 18
PREFERRED BY OTHER V OTERS. 19
(L) “VOTE” OR “VOTING” MEANS AN ACTION NECESSARY TO CAST A BALLOT 20
IN AN ELECTION, INCLUDING: 21
(1) REGISTRATION ; 22
(2) APPLYING FOR A BALLO T; AND 23
(3) ANY OTHER ACTION REQ UIRED BY LAW AS A PR EREQUISITE TO 24
CASTING A BALLOT AND HAVING THE BALLOT CO UNTED, CANVASSED, OR CERTIFIED 25
PROPERLY AND INCLUDED IN THE APPROPRIATE TOTA LS OF VOTES CAST IN AN 26
ELECTION. 27
15.5–102. 28 4 HOUSE BILL 1104
(A) THE PROVISIONS OF THI S TITLE APPLY TO A M UNICIPALITY IN THE 1
STATE IN WHICH THE MU NICIPAL OR CHARTER E LECTIONS ARE REGULAT ED BY THE 2
PUBLIC LOCAL LAWS OF THE STATE OR THE CHARTER OF THE M UNICIPALITY. 3
(B) STATUTES, RULES AND REGULATION S, AND LOCAL LAWS , TOWN 4
CHARTERS, OR ORDINANCES RELATE D TO THE RIGHT TO VO TE SHALL BE 5
CONSTRUED LIBERALLY IN FAVOR OF: 6
(1) PROTECTING THE RIGHT TO CAST A BALLOT ; 7
(2) ENSURING THAT ELIGIBLE VOTERS ARE NOT IMPAIRED IN 8
REGISTERING TO VOTE OR VOTING, INCLUDING HAVING THE IR VOTES COUNTED ; 9
AND 10
(3) ENSURING PROTECTED C LASS VOTERS EQUITABL E ACCESS TO 11
OPPORTUNITIES TO REG ISTER TO VOTE AND TO VOTE. 12
15.5–103. 13
IF ANY PROVISION OF T HIS TITLE OR ITS APPLICA TION TO ANY PERSON , LOCAL 14
GOVERNMENT , OR CIRCUMSTANCE IS H ELD TO BE INVALID BY A COURT OF 15
COMPETENT JURISDICTI ON, THE INVALIDITY DOES NOT AFFECT OTHER PRO VISIONS 16
OR APPLICATIONS OF T HIS TITLE THAT CAN B E GIVEN EFFECT WITHO UT THE 17
INVALID PROVISION OR APPLICA TION, AND TO THIS END , THE PROVISIONS OF TH IS 18
TITLE ARE SEVERABLE . 19
SUBTITLE 2. PROTECTED CLASS MEMBERS. 20
15.5–201. 21
(A) A LOCAL GOVERNMENT MAY NOT DENY, IMPAIR, OR DIMINISH THE 22
RIGHT TO VOTE OF PRO TECTED CLASS MEMBERS THROUGH ANY : 23
(1) QUALIFICATION FOR EL IGIBILITY TO BE A VO TER OR OTHER 24
PREREQUISITE TO VOTI NG; OR 25
(2) ORDINANCE, REGULATION , OR OTHER LAW REGARDI NG THE 26
ADMINISTRATION OF EL ECTIONS, OR ANY STANDARD , PRACTICE, PROCEDURE , OR 27
POLICY. 28
(B) THE FOLLOWING ACTIONS BY A LOC AL GOVERNMENT SHALL 29
CONSTITUTE A VIOLATI ON OF SUBSECTION (A) OF THIS SECTION: 30 HOUSE BILL 1104 5
(1) IMPLEMENTATION OF A QUALIFICATION FOR EL IGIBILITY TO BE A 1
VOTER OR OTHER PRERE QUISITE TO VOTING , OR AN ORDINANCE , REGULATION , OR 2
OTHER LAW REGARDING THE ADMINISTRATION O F ELECTIONS, OR ANY STANDARD , 3
PRACTICE, PROCEDURE , OR POLICY THAT : 4
(I) RESULTS OR WILL RESU LT IN ANY DISPARITY OR 5
REDUCTION IN VOTER P ARTICIPATION, ACCESS TO VOTING OPP ORTUNITIES, OR 6
ABILITY TO PARTICIPA TE IN THE POLITICAL PROCESS AMONG PROTEC TED CLASS 7
MEMBERS IN A JURISDIC TION; OR 8
(II) BASED ON THE TOTALIT Y OF THE CIRCUMSTANC ES, 9
RESULTS IN ANY IMPAI RMENT OF THE OPPORTU NITY OR ABILITY OF P ROTECTED 10
CLASS MEMBERS TO PAR TICIPATE IN THE POLI TICAL PROCESS AND EL ECT 11
CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOM E OF 12
ELECTIONS; OR 13
(2) ENACTMENT OF A QUALI FICATION FOR ELIGIBI LITY TO BE A 14
VOTER OR OTHER PRERE QUISITE TO VOTING , OR AN ORDINANCE , REGULATION , OR 15
OTHER LAW REGARDING THE ADMINISTRATION O F ELECTIONS, OR ANY STANDARD , 16
PRACTICE, PROCEDURE, OR POLICY THAT HAS T HE PURPOSE OF , OR WILL HAVE THE 17
EFFECT OF, DIMINISHING THE ABIL ITY OF ANY PROTECTED CLASS VOTER TO 18
PARTICIPATE IN THE E LECTORAL PROCESS OR ELECT THE PREFERRED CANDIDATES 19
OF CHOICE OF THE PRO TECTED CLASS VOTER . 20
15.5–202. 21
(A) A LOCAL GOVERNMENT MAY N OT EMPLOY ANY METHOD OF ELECTION 22
THAT HAS THE EFFECT , OR IS MOTIVATED IN P ART BY THE INTENT , OF IMPAIRING 23
THE ABILITY OF PROTE CTED CLASS MEMBERS T O PARTICIPATE IN THE POLITICAL 24
PROCESS AND ELECT CA NDIDATES OF THEIR CH OICE OR OTHERWISE I NFLUENCE 25
THE OUTCOME OF ELECT IONS, AS A RESULT OF DILUT ING OR ABRIDGING THE VOTE 26
OF THE PROTECTED CLA SS MEMBERS. 27
(B) IMPLEMENTATION OF THE FOLLOWING ELECTION M ETHODS BY A LOCAL 28
GOVERNMENT SHALL CON STITUTE A VIOLATION OF SUBSECTION (A) OF THIS 29
SECTION: 30
(1) AN AT–LARGE METHOD OF ELEC TION WHERE: 31
(I) RACIALLY POLARIZED V OTING BY PROTECTED C LASS 32
VOTERS OCCURS ; OR 33
6 HOUSE BILL 1104
(II) BASED ON THE TOTALIT Y OF THE CIRCUMSTANC ES, THE 1
OPPORTUNITY OR ABILI TY OF PROTECTED CLAS S VOTERS TO PARTICIP ATE IN THE 2
POLITICAL PR OCESS AND ELECT CAND IDATES OF THEIR CHOI CE OR OTHERWISE 3
INFLUENCE THE OUTCOM E OF ELECTIONS IS IM PAIRED; 4
(2) A DISTRICT–BASED METHOD OF ELEC TION OR AN ALTERNATI VE 5
METHOD OF ELECTION W HERE THE CANDIDATES OR ELECTORAL CHOICES 6
PREFERRED BY PROTECT ED CLASS MEMBERS WOULD USUALL Y BE DEFEATED AND 7
WHERE: 8
(I) RACIALLY POLARIZED V OTING BY PROTECTED C LASS 9
VOTERS OCCURS ; OR 10
(II) BASED ON THE TOTALIT Y OF THE CIRCUMSTANC ES, THE 11
ABILITY OF THE VOTER S TO PARTICIPATE IN THE POLITICAL PROCES S AND ELECT 12
CANDIDATES OF THEIR CHOICE OR O THERWISE INFLUENCE T HE OUTCOME OF 13
ELECTIONS IS IMPAIRE D; OR 14
(3) ANY METHOD OF ELECTI ON THAT HAS THE PURP OSE OF, OR WILL 15
HAVE THE EFFECT OF , DIMINISHING THE ABIL ITY OF ANY PROTECTED CLASS VOTER 16
TO PARTICIPATE IN TH E ELECTORAL PROCES S OR ELECT THE PREFE RRED 17
CANDIDATES OF CHOICE OF THE PROTECTED CLA SS VOTER. 18
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TO 19
DETERMINE WHETHER RA CIALLY POLARIZED VOT ING BY PROTECTED CLA SS 20
VOTERS IN A LOCAL GO VERNMENT ELECTION OC CURS OR IF CANDIDAT ES OR 21
ELECTORAL CHOICES PR EFERRED BY PROTECTED CLASS MEMBERS WOULD 22
USUALLY BE DEFEATED , THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY SHALL: 23
(I) CONSIDER ELECTIONS H ELD BEFORE THE FILIN G OF AN 24
ACTION AS MORE PROBA TIVE THAN ELECTIONS CONDUCTED AFTER THE FILING; 25
(II) CONSIDER EVIDENCE CO NCERNING ELECTIONS F OR ANY 26
OFFICE IN THE LOCAL GOVERNMENT , INCLUDING EXECUTIVE , LEGISLATIVE, 27
JUDICIAL, AND OTHER OFFICES OF THE LOCAL GOVERNMENT , AS MORE PROBATIVE 28
THAN EVIDENCE CONCER NING ELECTIONS FOR O THER OFFICES; 29
(III) CONSIDER STATISTICAL EVIDENCE AS MORE PRO BATIVE 30
THAN NONSTATISTICAL EVIDENCE; AND 31
(IV) IN THE CASE OF CLAIM S BROUGHT ON BEHALF OF TWO OR 32
MORE PROTECTED CLASS ES THAT ARE POLITICA LLY COHESIVE WITHIN THE 33
ELECTION DISTRICT OF THE LOCAL GOVERNMENT , COMBINE VOTERS OF THE 34 HOUSE BILL 1104 7
PROTECTED CLASSES TO DETERMINE WHETHER VO TING BY MEMBERS OF T HE 1
COMBINED PROTECTED C LASSES IS POLARIZED FROM OTHER VOTERS AN D WITHOUT 2
REQUIRING EVIDENCE T HAT EACH PROTECTED C LASS IS SEPARATELY P OLARIZED 3
FROM OTHER VOTERS . 4
(2) IN DETERMINING WHETHER RACIALLY POLARIZED V OTING BY 5
PROTECTED CLASS VOTE RS IN A LOCAL GOVERN MENT ELECTION OCCURS , THE 6
CIRCUIT COURT FOR ANNE ARUNDEL COUNTY MAY NOT : 7
(I) REQUIRE EVIDENCE CON CERNING THE INTENT O F VOTERS, 8
ELECTED OFFICIALS , OR THE LOCAL GOVE RNMENT TO DISCRIMINA TE AGAINST 9
PROTECTED CLASS VOTE RS; 10
(II) REQUIRE EVIDENCE OF EXPLANATIONS FOR VOT ING 11
PATTERNS AND ELECTIO N OUTCOMES TO PROVE THE EXISTENCE OF RAC IALLY 12
POLARIZED VOTING , INCLUDING PARTISANSH IP; 13
(III) CONSIDER EVIDENCE TH AT SUBGROU PS OF PROTECTED 14
CLASS ELECTORS HAVE DIFFERENT VOTING PAT TERNS; 15
(IV) CONSIDER EVIDENCE CO NCERNING WHETHER PRO TECTED 16
CLASS VOTERS ARE GEO GRAPHICALLY COMPACT OR CONCENTRATED , BUT MAY USE 17
THE EVIDENCE TO APPR OPRIATELY REMEDY A V IOLATION UNDER THIS SECTION; OR 18
(V) CONSIDER EVIDENCE CO NCERNING PROJECTED C HANGES 19
IN POPULATION OR DEM OGRAPHICS, BUT MAY USE THE EVID ENCE TO 20
APPROPRIATELY REMEDY A VIOLATION UNDER TH IS SECTION. 21
15.5–203. 22
(A) (1) IN DETERMINING WHETHE R, BASED ON THE TOTALIT Y OF THE 23
CIRCUMSTANC ES, A DENIAL OR IMPAIRME NT OF THE RIGHT TO V OTE FOR ANY 24
PROTECTED CLASS HAS OCCURRED, OR THE OPPORTUNITY O R ABILITY OF 25
PROTECTED CLASS MEMB ERS TO PARTICIPATE I N THE POLITICAL PROC ESS AND 26
ELECT CANDIDATES OF THEIR CHOICE OR OTHE RWISE INFLUENCE THE OUTCOME 27
OF ELECTIONS IS IMPAI RED, THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 28
MAY CONSIDER THE FOL LOWING FACTORS : 29
(I) THE HISTORY OF DISCR IMINATION IN OR AFFE CTING THE 30
STATE OR LOCAL GOVERN MENT; 31
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 32
EXTENT TO WHICH PROTECTED CLAS S VOTERS HAVE BEEN E LECTED TO OFFICE IN 33 8 HOUSE BILL 1104
THE LOCAL GOVERNMENT ; 1
(III) THE USE OF ANY QUALI FICATION FOR ELIGIBI LITY TO BE A 2
VOTER OR OTHER PRERE QUISITE TO VOTING , OR ANY STATUTE , ORDINANCE, 3
REGULATION , OR OTHER LAW REGARDI NG THE ADMINI STRATION OF ELECTION S, OR 4
ANY RELATED STANDARD , PRACTICE, PROCEDURE , OR POLICY BY THE LOC AL 5
GOVERNMENT THAT MAY ENHANCE THE DILUTIVE EFFECTS OF A METHOD OF 6
ELECTION IN THE LOCA L GOVERNMENT ; 7
(IV) THE DENIAL OF ACCESS OF PROTECTED CLASS V OTERS OR 8
CANDIDATES TO ELECTION ADMI NISTRATION OR CAMPAI GN FINANCE PROCESSES 9
THAT DETERMINE WHICH CANDIDATES WILL RECE IVE ACCESS TO THE BA LLOT OR 10
FINANCIAL OR OTHER S UPPORT IN A GIVEN EL ECTION IN THE LOCAL GOVERNMENT ; 11
(V) THE EXTENT TO WHICH PROTECTED CLASS INDI VIDUALS IN 12
THE STATE OR THE LOCAL GO VERNMENT CONTRIBUTE MONEY TO POLITICAL 13
CAMPAIGNS OR POLITIC AL CAUSES AT LOWER R ATES THAN OTHER INDI VIDUALS IN 14
THE STATE OR THE LOCAL GO VERNMENT; 15
(VI) THE EXTENT TO WHICH PROTECTED CLASS VOTE RS IN THE 16
STATE OR THE LOCAL GO VERNMENT VOTE AT LOWE R RATES THAN OTHER V OTERS 17
IN THE STATE OR THE LOCAL GO VERNMENT, AS APPLICABLE; 18
(VII) THE EXTENT TO WHICH PROTECTED CLASS INDI VIDUALS IN 19
THE LOCAL GOVERNMENT BEAR THE EFFECTS OF DISCRIMINATION , PUBLIC OR 20
PRIVATE, IN AREAS SUCH AS EDUCATION, EMPLOYMENT , HEALTH, CRIMINAL 21
JUSTICE, HOUSING, TRANSPORTATION , LAND USE , OR ENVIRONMENTAL 22
PROTECTION ; 23
(VIII) THE EXTENT TO WHICH PROTECTED CLASS INDI VIDUALS IN 24
THE LOCAL GOVERNMENT ARE DISADVANTAGED IN OTHER AREAS THAT MAY 25
HINDER THEIR ABILI TY TO PARTICIPATE EF FECTIVELY IN THE POL ITICAL PROCESS; 26
(IX) THE USE OF OVERT OR SUBTLE RACIAL APPEAL S IN 27
POLITICAL CAMPAIGNS IN THE LOCAL GOVERNM ENT OR SURROUNDING A DOPTION 28
OR MAINTENANCE OF TH E CHALLENGED PRACTIC E; 29
(X) THE EXTENT TO WHICH CANDIDATES FACE HOSTILITY OR 30
BARRIERS ON ACCOUNT OF THEIR MEMBERSHIP IN A PROTECTED CLASS WHILE 31
CAMPAIGNING ; 32
(XI) A LACK OF RESPONSIVE NESS BY ELECTED OFFI CIALS OF 33
THE LOCAL GOVERNMENT TO THE PARTICULARIZE D NEEDS OF PROTECTED CLASS 34 HOUSE BILL 1104 9
INDIVIDUALS, INCLUDING A L ACK OF CONCERN FOR , OR RESPONSIVENESS TO , THE 1
REQUESTS AND PROPOSA LS OF THE GROUP , WITHOUT CONSIDERING COMPLIANCE 2
WITH A COURT ORDER A S EVIDENCE OF RESPON SIVENESS ON THE PART OF THE 3
JURISDICTION; 4
(XII) WHETHER THE PARTICUL AR METHOD OF ELECTIO N, 5
ORDINANCE, REGULATION , OR OTHER LAW , OR RELATED STANDARD , PRACTICE, 6
PROCEDURE , OR POLICY WAS DESIGN ED TO ADVANCE AND MA TERIALLY ADVANCES 7
A VALID AND SUBSTANT IATED STATE INTEREST; AND 8
(XIII) OTHER FACTORS AS THE COURT MAY DETERMINE T O BE 9
RELEVANT. 10
(2) FOR THE PURPOSE OF CONSI DERING THE FACTOR LI STED IN 11
PARAGRAPH (1)(II) OF THIS SUBSECTION , IF A MINORITY GROUP IS TOO SMALL TO 12
ELECT CANDIDATES OF ITS CHOICE, THAT FACT ALONE MAY NOT DEFEAT A CLAIM 13
OF VOTE DENIAL OR AB RIDGMENT. 14
(B) THE FACTORS THAT ARE RELEVANT TO A TOTALITY OF THE 15
CIRCUMSTANCES ANALYS IS FOR A CLAIM OF VO TE DENIAL OR IMPAIRM ENT UNDER 16
SUBSECTION (A) OF THIS SECTION DO N OT INCLUDE THE FOLLO WING: 17
(1) THE NUMBER OF PROTEC TED CLASS MEMBERS UN AFFECTED BY 18
THE CHALLENGED QUALI FICATION, PREREQUISI TE, STANDARD, PRACTICE, OR 19
PROCEDURE ; 20
(2) THE DEGREE TO WHICH THE CHALLENGED QUALI FICATION, 21
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE HAS A L ONG PEDIGREE OR 22
WAS IN WIDESPREAD US E AT SOME EARLIER DA TE; 23
(3) THE USE OF AN IDENTI CAL OR SIMILAR QUALIFICATION , 24
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IN OTHE R STATES OR 25
JURISDICTIONS; 26
(4) THE AVAILABILITY OF OTHER FORMS OF VOTIN G UNIMPACTED BY 27
THE CHALLENGED QUALI FICATION, PREREQUISITE , STANDARD, PRACTICE, OR 28
PROCEDURE TO ALL MEM BERS OF THE ELECTORATE , INCLUDING MEMBERS OF THE 29
PROTECTED CLASS , UNLESS THE JURISDICT ION IS SIMULTANEOUSL Y EXPANDING 30
THE OTHER PRACTICES TO ELIMINATE ANY DIS PROPORTIONATE BURDEN IMPOSED 31
BY THE CHALLENGED QU ALIFICATION, PREREQUISITE , STANDARD, PRACTICE, OR 32
PROCEDURE ; AND 33
(5) UNSUBSTANTIATED DEFE NSES THAT THE QUALIF ICATION, 34 10 HOUSE BILL 1104
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IS NECE SSARY TO ADDRESS 1
CRIMINAL ACTIVITY . 2
15.5–204. 3
(A) (1) THE FOLLOWING PERSONS MAY FILE AN ACTION U NDER THIS 4
SUBTITLE IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 5
(I) AN AGGRIEVED PERSON ; 6
(II) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDE S OR IS 7
LIKELY TO INCLUDE AG GRIEVED PERSONS ; 8
(III) AN ORGANIZATION WHOS E MISSION WOULD BE 9
FRUSTRATED BY A VIOL ATION OF THIS SUBTIT LE; 10
(IV) AN ORGANIZATION THAT WOU LD EXPEND RESOURCES IN 11
ORDER TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF TH IS SUBTITLE; 12
OR 13
(V) THE CIVIL RIGHTS DIVISION. 14
(2) MEMBERS OF TWO OR MOR E PROTECTED CLASSES OF VOTERS 15
THAT ARE POLITICALLY COHESIVE IN A LOCAL GOVERNMENT MAY FILE AN ACTION 16
JOINTLY UNDER THIS S UBTITLE. 17
(B) (1) NOTWITHSTANDING ANY O THER LAW, IF THE COURT FINDS A 18
VIOLATION OF THIS SU BTITLE, THE COURT SHALL ORDER APP ROPRIATE REMEDIES 19
THAT ARE TAILORED TO ADDRESS THE VIOLATIO N IN THE LOCAL GOVER NMENT AND 20
ENSURE THAT PROTECTE D CLASS VOTERS HAVE EQUITABLE ACCESS TO FULLY 21
PARTICIPATE IN THE E LECTORAL PROCESS , WHICH MAY INCLUDE : 22
(I) A DISTRICT–BASED METHOD OF ELEC TION; 23
(II) AN ALTERNATIVE METHO D OF ELECTION , INCLUDING 24
PROPORTIONAL RANKED –CHOICE VOTING, CUMULATIVE VOTING , OR LIMITED 25
VOTING; 26
(III) NEW OR REVISED DISTR ICTING PLANS; 27
(IV) ELIMINATION OF STAGG ERED ELECTIONS SO TH AT ALL 28
MEMBERS OF THE LEGIS LATIVE BODY ARE ELEC TED AT THE SAME TIME ; 29
HOUSE BILL 1104 11
(V) REASONABLY INCREASIN G THE SIZE OF THE LEGISLATIVE 1
BODY; 2
(VI) ADDITIONAL VOTING HO URS OR DAYS; 3
(VII) ADDITIONAL POLLING L OCATIONS; 4
(VIII) ADDITIONAL MEANS OF VOTING, SUCH AS VOTING BY MA IL 5
OR ADDITIONAL OPPORT UNITIES TO RETURN BA LLOTS; 6
(IX) ORDERING OF SPECIAL ELECTIONS; 7
(X) REQUIRING EXPANDED O PPORTUNITIES FOR THE 8
ADMISSION OF VOTERS ; 9
(XI) REQUIRING ADDITIONAL VOTER EDUCATION ; 10
(XII) THE RESTORATION OR A DDITION OF PERSONS T O A VOTER 11
REGISTRY; OR 12
(XIII) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 13
RETAINING JURIS DICTION FOR WHATEVER PERIOD OF TIME THE COURT MAY 14
DETERMINE IS APPROPR IATE. 15
(2) IF THE COURT RETAINS JURISDI CTION UNDER PARAGRAP H 16
(1)(XIII) OF THIS SUBSECTION , DURING THE TIME THAT JURISDICTION IS RETA INED, 17
A VOTING QUALIFICATI ON OR PREREQUISITE T O VOTING OR STANDARD , PRACTICE, 18
OR PROCEDURE WITH RE SPECT TO VOTING MAY NOT BE IMPOSED IF DO ING SO 19
WOULD BE DIFFERENT F ROM WHAT WAS IN EFFE CT AT THE TIME THE P ROCEEDING 20
WAS COMMENCED , UNLESS THE COURT FINDS THAT THE QUALIFICATION , 21
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE DOES NO T HAVE THE 22
PURPOSE AND WILL NOT HAVE THE EFFECT OF I MPAIRING OR DIMINISH ING THE 23
RIGHT TO VOTE ON THE BASIS OF PROTECTED C LASS MEMBERSHIP . 24
(3) (I) THE COURT MAY TAKE ACTION OR ORDER A REMEDY UN DER 25
THIS SECTION ONLY IF THE ACTION OR REMEDY WILL NOT DIMI NISH THE ABILITY OF 26
PROTECTED CLASS VOTE RS TO PARTICIPATE IN THE POLITICAL PROCES S AND 27
ELECT THEIR PREFERRE D CANDIDATES OR OTHE RWISE INFLUENCE THE OUTCOME 28
OF ELECTIONS. 29
(II) THE COURT SHALL CONSIDER REMEDIES PROPOSED BY 30
ANY PARTIES TO AN ACTION FILED U NDER THIS SECTION . 31
12 HOUSE BILL 1104
(III) THE COURT MAY NOT GIVE DE FERENCE OR PRIORITY TO A 1
PROPOSED REMEDY BECA USE IT IS THE REMEDY PROPOSED BY THE LOCA L 2
GOVERNMENT . 3
(IV) THE COURT SHALL HAVE THE POWER TO REQUIRE A L OCAL 4
GOVERNMENT TO IMPLEMENT REMEDIES T HAT ARE INCONSISTENT WITH ANY 5
OTHER PROVISION OF STATE OR LOCAL LAW WH ERE THE INCONSISTENT PROVISION 6
OF LAW WOULD OTHERWI SE PRECLUDE THE COURT FROM ORDERING A N 7
APPROPRIATE REMEDY I N THE MATTER . 8
15.5–205. 9
(A) (1) A PROPOSAL BY A LOCAL GOVERNMENT TO ENACT AND 10
IMPLEMENT THE FOLLOW ING SHALL BE SUBJECT TO PARAGRAPH (2) OF THIS 11
SUBSECTION: 12
(I) A NEW METHOD OF ELEC TION TO REPLACE THE AT–LARGE 13
METHOD OF ELECTION O F THE LOCAL GOVERNME NT WITH EITHER A 14
DISTRICT–BASED OR AN ALTERNAT IVE METHOD OF ELECTION; OR 15
(II) A NEW DISTRICTING PL AN, IF A PROPOSAL WAS MA DE AFTER 16
THE RECEIPT OF A NOT IFICATION LETTER DES CRIBED IN SUBSECTION (B) OF THIS 17
SECTION OR AFTER THE FILING OF A CLAIM UN DER THIS SUBTITLE OR THE FEDERAL 18
VOTING RIGHTS ACT. 19
(2) (I) 1. BEFORE DRAWING A DRAF T DISTRICTING PLAN O R 20
PLANS OF SHIFTING TO A PROPOSED ALTERNATI VE METHOD OF ELECTIO N, THE 21
LOCAL GOVERNMENT SHA LL HOLD AT LEAST TWO PUBLIC HEARINGS , WITHIN 30 22
DAYS OF EACH OTHER , AT WHICH MEMBERS OF THE PUBLIC MAY PROVI DE INPUT 23
REGARDING THE PROPOSED REMEDY, INCLUDING, IF APPLICABLE , THE 24
COMPOSITION OF ELECT ION DISTRICTS. 25
2. IN ADVANCE OF THE HEA RINGS REQUIRED UNDER 26
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH , THE LOCAL GOVERNMENT SHALL 27
CONDUCT OUTREACH TO MEMBERS OF THE PUBLI C, INCLUDING TO LANGUAGE 28
MINORITY GROUPS , TO EXPLAIN THE DISTR ICTING PROCESS OR PR OCESS OF 29
SHIFTING TO A PROPOS ED ALTERNATIVE METHO D OF ELECTION. 30
(II) 1. AFTER DRAFT DISTRICTI NG PLANS ARE DRAWN O R 31
PLANS OF SHIFTING TO A PROPOSED ALTERNATI VE METHOD OF ELECT ION ARE 32
ESTABLISHED, THE LOCAL GOVERNMENT SHALL PUBLISH AND MA KE AVAILABLE 33
FOR PUBLIC DISSEMINA TION AT LEAST ONE PL AN AND AN EXPLANATIO N OF THE 34
POTENTIAL SEQUENCE O F ELECTIONS IN THE E VENT THE MEMBERS OF THE 35 HOUSE BILL 1104 13
LEGISLATIVE BODY OF THE LOCAL GOVERNMENT WOULD B E ELECTED FOR 1
STAGGERED TERMS UNDE R THE PLAN. 2
2. THE LOCAL GOVERNMENT SHALL HOLD AT LEAST 3
TWO PUBLIC HEARINGS , WITHIN 45 DAYS OF EACH OTHER , AT WHICH MEMBERS OF 4
THE PUBLIC MAY PROVI DE INPUT REGARDING T HE CONTENT OF THE PL AN OR PLANS 5
AND, IF APPLICABLE, THE POTENTIAL SEQUEN CE OF ELECTIONS . 6
3. THE PLAN OR PLANS SHA LL BE PUBLISHED AT L EAST 7
7 DAYS BEFORE CONSIDER ATION AT EACH OF THE PUBLIC HEARINGS . 8
4. IF THE PLAN OR PLANS ARE REVISED AT OR 9
FOLLOWING ANY HEARIN G, THE LOCAL GOVERNMENT SHALL PUB LISH AND MAKE 10
AVAILABLE FOR PUBLIC DISSEMINATION THE RE VISED PLAN OR PLANS AT LEAST 7 11
DAYS BEFORE ANY ADOP TION OF THE REVISED PLAN OR PLANS . 12
(III) IN DETERMINING THE SE QUENCE OF ELECTIONS IN THE 13
EVENT THE MEMBERS OF THE LEGISLATIVE BODY OF A LOCAL GOV ERNMENT WOULD 14
BE ELECTED FOR STAGG ERED TERMS UNDER A D ISTRICTING PLAN OR P LANS OF 15
SHIFTING TO A PROPOS ED ALTERNATIVE METHO D OF ELECTION, THE LEGISLATIVE 16
BODY SHALL GIVE SPEC IAL CONSIDERATION TO THE PURPOSES OF THIS TITLE AND 17
TAKE INTO ACCOUNT TH E PREFERENC ES EXPRESSED BY VOTE RS IN THE DISTRICTS. 18
(B) (1) BEFORE FILING AN ACTI ON AGAINST A LOCAL G OVERNMENT 19
UNDER THIS SECTION , A PARTY DESCRIBED IN § 15.5–204 OF THIS SUBTITLE SHA LL 20
SEND BY CERTIFIED MA IL, RETURN RECEIPT REQUE STED, A NOTIFICATION LETTE R 21
TO THE CHIEF CLERK OF THE L OCAL GOVERNMENT ASSE RTING THAT THE LOCAL 22
GOVERNMENT MAY BE IN VIOLATION OF THE PRO VISIONS OF THIS TITL E. 23
(2) (I) THE PARTY MAY NOT FIL E AN ACTION UNDER TH IS SECTION 24
WITHIN 50 DAYS AFTER SENDING A NOTIFICATION LETTER TO THE LOCAL 25
GOVERNMENT. 26
(II) WITHIN 60 DAYS AFTER A NOTIFIC ATION LETTER IS SENT TO 27
A LOCAL GOVERNMENT U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 28
LEGISLATIVE BODY OF THE LOCAL GOVERNMENT MAY PASS A RESOLUTIO N: 29
1. AFFIRMING THE LOCAL GOVERNMENT ’S INTENTION 30
TO ENACT AND IMPLEME NT A REMEDY FOR A PO TENTIAL VIOLATION OF THE 31
PROVISIONS OF THIS T ITLE; 32
2. ESTABLISHING SPECIFI C MEASURES THAT THE LOCAL 33
GOVERNMENT WILL TAKE TO FACILITATE APPROV AL AND IMPLEMENTATIO N OF A 34 14 HOUSE BILL 1104
REMEDY; AND 1
3. PROVIDING A SCHEDULE FOR THE ENACTMENT AN D 2
IMPLEMENTATION OF TH E REMEDY. 3
(3) A PARTY DESCRIBED UNDE R § 15.5–204 OF THIS SUBTITLE MAY 4
NOT FILE AN ACTION U NDER THIS SUBSECTION UNTIL 90 DAYS AFTER THE PASSA GE 5
OF ANY RESOLUTION BY THE LEGISLATIVE BODY UND ER PARAGRAPH (2) OF THIS 6
SUBSECTION. 7
(4) IF, UNDER THE LAWS OF TH IS STATE OR ANY CODE HOM E RULE OR 8
CHARTER COUNTY ORDIN ANCE, THE LEGISLATIVE BODY OF A LOCAL GOVERNMEN T 9
LACKS AUTHORITY TO E NACT OR IMPLEMENT A REMEDY IDENTIFIED IN A 10
RESOLUTION UNDER PARA GRAPH (2)(II) OF THIS SUBSECTION W ITHIN 90 DAYS 11
AFTER THE PASSAGE OF THE RESOLUTION , THE LOCAL GOVERNMENT SHALL: 12
(I) HOLD AT LEAST ONE PU BLIC HEARING ON A PR OPOSAL TO 13
REMEDY A POTENTIAL V IOLATION OF THE PROV ISIONS OF THIS TITLE , AT WHICH 14
MEMBERS OF THE PUBLI C MAY PROVIDE INPUT REGARDING PROPOSED R EMEDIES; 15
AND 16
(II) IN ADVANCE OF THE HE ARING UNDER ITEM (I) OF THIS 17
PARAGRAPH , CONDUCT OUTREACH TO MEMBERS OF THE PUBLI C, INCLUDING TO 18
LANGUAGE MINORITY CO MMUNITIES, TO ENCOURAGE INPUT . 19
(5) (I) THE LEGISLATIVE BODY OF THE LOCAL GOVERNM ENT MAY 20
APPROVE A PROPOSED R EMEDY UNDER PARAGRAP H (2)(II) OF THIS SUBSECTION 21
THAT COMPLIES WITH T HE PROVISIONS OF THI S TITLE AND SHALL SU BMIT THE 22
PROPOSED REMEDY TO T HE CIVIL RIGHTS DIVISION. 23
(II) THE CIVIL RIGHTS DIVISION SHALL, NOT LATER THAN 60 24
DAYS AFTER SUBMISSIO N OF A PROPOSED REME DY BY A LOCAL GOVERN MENT, 25
APPROVE THE PROPOSED REMEDY IF THE ATTORNEY GENERAL CONCLUDES THA T: 26
1. THE LOCAL GOVERNMENT MAY BE IN VIOLATION OF 27
THE PROVISIONS OF TH IS TITLE; 28
2. THE PROPOSED REMEDY WOULD ADDRESS A 29
POTENTIAL VIOLATION ; 30
3. THE PROPOSED REMEDY WILL NOT DIMINISH TH E 31
ABILITY OF PROTECTED CLASS VOTERS TO PART ICIPATE IN THE POLIT ICAL 32
PROCESS AND ELECT TH EIR PREFERRED CANDID ATES TO OFFICE; AND 33 HOUSE BILL 1104 15
4. IMPLEMENTATION OF TH E PROPOSED REMEDY IS 1
FEASIBLE. 2
(III) IF THE CIVIL RIGHTS DIVISION APPROVES THE PROPOSED 3
REMEDY, THE PROPOSED REMEDY SHALL BE ENACTED AND IMPLEMENTED 4
IMMEDIATELY . 5
(IV) IF THE CIVIL RIGHTS DIVISION REJECTS THE PROPOSED 6
REMEDY: 7
1. THE PROPOSED REMEDY MAY NOT BE ENACTED O R 8
IMPLEMENTED ; 9
2. THE CIVIL RIGHTS DIVISION SHALL SPECIF Y THE 10
OBJECTIONS TO THE PR OPOSED REMEDY AND EX PLAIN THE BASIS FOR THE DENIAL; 11
AND 12
3. THE CIVIL RIGHTS DIVISION MAY RECOMMEN D 13
ANOTHER PROPOS ED REMEDY THAT THE ATTORNEY GENERAL WOULD APPROVE . 14
(V) IF THE CIVIL RIGHTS DIVISION DOES NOT APP ROVE THE 15
PROPOSED REMEDY WITH IN 60 DAYS AFTER THE SUBMI SSION OF THE PROPOSE D 16
REMEDY BY THE LOCAL GOVERNMENT , THE PROPOSED REMEDY MAY NOT BE 17
ENACTED OR IMPL EMENTED. 18
(6) (I) A LOCAL GOVERNMENT THA T HAS PASSED A RESOL UTION 19
UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION M AY ENTER INTO AN AGR EEMENT 20
WITH A PARTY THAT SE NT A NOTIFICATION LE TTER UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION PROVIDING THAT THE PARTY MAY N OT FILE AN ACTION UNDER THIS 22
SECTION UNTIL 90 DAYS AFTER ENTERING INTO THE AGREEMENT . 23
(II) IF A PARTY AGREES TO ENTER INTO AN AGREEM ENT, THE 24
AGREEMENT SHALL REQU IRE THAT THE LOCAL G OVERNMENT EITHER ENA CT AND 25
IMPLEMENT A REMEDY T HAT COMPLIES WITH TH E PROVISIONS OF THIS TITL E OR 26
ENACT AND SUBMIT A R EMEDY TO THE CIVIL RIGHTS DIVISION. 27
(III) IF A PARTY DECLINES T O ENTER INTO AN AGRE EMENT, THE 28
PARTY MAY FILE AN AC TION UNDER THIS SUBT ITLE AT ANY TIME. 29
15.5–206. 30
(A) (1) IF A LOCAL GOVERNMENT ENACTS OR IMPLEMENTS A REMEDY OR 31 16 HOUSE BILL 1104
THE CIVIL RIGHTS DIVISION APPROVES A P ROPOSED REMEDY UNDER § 15.5–205 OF 1
THIS SUBTITLE, WITHIN 30 DAYS AFTER THE ENACT MENT, IMPLEMENTATION , OR 2
APPROVAL, A PARTY WHO SENT A N OTIFICATION LETTER U NDER § 15.5–205(B)(1) 3
OF THIS SUBTITLE M AY SUBMIT A CLAIM FO R REIMBURSEMENT FROM THE LOCAL 4
GOVERNMENT FOR THE C OSTS ASSOCIATED WITH PRODUCING AND SENDIN G THE 5
NOTIFICATION LETTER . 6
(2) THE PARTY SHALL SUBMI T A CLAIM IN WRITING AND 7
SUBSTANTIATE THE CLA IM WITH FINANCIAL DO CUMENTATION , INCLUDING A 8
DETAILED INVOICE FOR ANY DEMOGRAPHY SERVI CES OR ANALYSIS OF V OTING 9
PATTERNS IN THE LOCA L GOVERNMENT . 10
(3) ON RECEIPT OF A CLAIM , THE LOCAL GOVERNMENT MAY REQUEST 11
ADDITIONAL FINANCIAL DOCUMENTATION IF WHA T HAS BEEN PROVIDED BY THE 12
PARTY IS INSUFFICIEN T TO SUBSTANTIATE THE COSTS. 13
(4) (I) 1. SUBJECT TO SUBPARAGRA PH (II) OF THIS 14
PARAGRAPH , THE LOCAL GOVERNMENT SHALL REIMBURSE THE PARTY FOR 15
REASONABLE COSTS CLA IMED OR FOR AN AMOUN T THAT THE PARTY AND THE LOCAL 16
GOVERNMENT AGREE ON . 17
2. THE CUMULATIVE AMOUNT OF REIMBURSEMENTS TO 18
ALL PARTIES, OTHER THAN THE CIVIL RIGHTS DIVISION, MAY NOT EXCEED $50,000. 19
(II) IF THE PARTY AND THE LOCAL GOVERNMENT FAI L TO 20
AGREE TO A REIMBURSE MENT AMOUNT , EITHER THE PARTY OR THE LOCAL 21
GOVERNMENT MAY FILE AN ACTION FOR A DECL ARATORY JUDGMENT WIT H THE 22
CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. 23
(B) (1) NOTWITHSTANDING THE P ROVISIONS OF THIS SU BSECTION, A 24
PARTY DESCRIBED IN § 15.5–204(A)(1) OF THIS SUBTITLE MAY SEEK PRELIMINARY 25
RELIEF FOR AN ELECTI ON HELD IN A LOCAL GOVERNMENT BY FILING AN ACTION 26
UNDER THIS SECTION W ITHIN 120 DAYS BEFORE THE ELEC TION. 27
(2) THE PARTY SHALL SEND A NOTIFICATION LETTE R UNDER § 28
15.5–205(B)(1) OF THIS SUBTITLE TO THE LOCAL GOVERNMENT . 29
(3) IF ANY ACTION IS WITH DRAWN OR DISMISSE D BY THE COURT AS 30
BEING MOOT AS A RESU LT OF THE LOCAL GOVE RNMENT’S ENACTMENT OR 31
IMPLEMENTATION OF A REMEDY OR THE APPROV AL BY THE CIVIL RIGHTS DIVISION 32
OF A PROPOSED REMEDY , A PARTY MAY ONLY SUB MIT A CLAIM FOR 33
REIMBURSEMENT OF COS TS UNDER SUBSECTION (A) OF THIS SECTION. 34
HOUSE BILL 1104 17
(4) IF PRELIMINARY RELIEF IS SOUGHT UNDER THIS SUBSECTION BY 1
A PARTY DESCRIBED IN § 15.5–204(A)(1) OF THIS SUBTITLE , THE CIRCUIT COURT 2
FOR ANNE ARUNDEL COUNTY SHALL GRANT TH E RELIEF IF THE COURT 3
DETERMINES THAT : 4
(I) THE PARTY IS MORE LIKELY THAN NOT TO S UCCEED ON THE 5
MERITS; AND 6
(II) IT IS POSSIBLE TO IM PLEMENT AN APPROPRIA TE REMEDY 7
THAT WOULD RESOLVE T HE VIOLATION ALLEGED UNDER THIS SECTION B EFORE THE 8
ELECTION. 9
SUBTITLE 3. LANGUAGE ASSISTANCE. 10
15.5–301. 11
(A) SUBJECT TO SUBSE CTION (B) OF THIS SECTION , THE STATE BOARD 12
SHALL DESIGNATE ONE OR MORE LANGUAGES OT HER THAN ENGLISH FOR WHICH 13
THERE IS A SIGNIFICA NT AND SUBSTANTIAL N EED FOR LANGUAGE –RELATED 14
ASSISTANCE IN A LOCA L GOVERNMENT ELECTIO N. 15
(B) THE STATE BOARD SHALL DETERMINE THAT A SIGNIFICANT A ND 16
SUBSTANTIAL NEED FOR LANGUAGE–RELATED ASSISTANCE E XISTS IN A LOCAL 17
GOVERNMENT ELECTION IF, BASED ON THE BEST AV AILABLE DATA , INCLUDING 18
INFORMATION FROM THE U.S. CENSUS BUREAU’S AMERICAN COMMUNITY SURVEY 19
OR DATA OF COMPARABL E QUALITY COLLECTED BY A PUBLI C OFFICE: 20
(1) MORE THAN 2%, BUT IN NO INSTANCE F EWER THAN 100 21
INDIVIDUALS, OF THE VOTING AGE PO PULATION OF THE LOCA L GOVERNMENT : 22
(I) SPEAK A PARTICULAR L ANGUAGE OTHER THAN ENGLISH; 23
(II) DOES NOT SPEAK ENGLISH AS THEIR PRIM ARY LANGUAGE ; 24
AND 25
(III) SPEAKS, READS, OR UNDERSTANDS THE ENGLISH 26
LANGUAGE LESS THAN “VERY WELL”, AS REPORTED IN AVAIL ABLE U.S. CENSUS 27
BUREAU DATA OR DATA O F COMPARABLE QUALITY COLLECTED BY A PUBLI C 28
OFFICE; OR 29
(2) MORE THAN 4,000 INDIVIDUALS OF THE V OTING AGE POPULATION 30
OF THE LOCAL GOVERNM ENT SPEAK A PARTICUL AR LANGUAGE OTHER TH AN 31
ENGLISH AND ARE LIMIT ED ENGLISH PROFICIENT . 32 18 HOUSE BILL 1104
15.5–302. 1
(A) ON OR BEFORE JANUARY 1, 2024, AND EVERY 3 YEARS THEREAFTER , 2
THE STATE BOARD SHALL PUBLISH AN D MAINTAIN ON ITS WE BSITE A LIST OF: 3
(1) EACH LOCAL GOVERNMEN T ELECTION THAT REQU IRES 4
LANGUAGE–RELATED ASSISTANCE I N A LANGUAGE OTHER T HAN ENGLISH; AND 5
(2) THE TYPE OF LANGUAGE –RELATED ASSISTANCE T HAT IS 6
REQUIRED TO BE PROVI DED IN THE LOCAL GOVERNM ENT ELECTION. 7
(B) THE STATE BOARD SHALL DISTRIBUT E THIS LIST TO EACH LOCAL 8
GOVERNMENT IN TIME T O ALLOW LOCAL GOVERN MENTS TO PROVIDE 9
LANGUAGE–RELATED ASSISTANCE U NDER § 15.5–303 OF THIS SUBTITLE. 10
15.5–303. 11
(A) A LOCAL GOVERNMENT THAT ADMINISTERS ELE CTIONS SHALL 12
PROVIDE LANGUAGE –RELATED ASSISTANCE A ND MATERIALS IN VOTI NG AND 13
ELECTIONS TO LIMITED ENGLISH PROFICIENT VO TERS IN EACH LANGUAG E 14
DESIGNATED BY THE STATE BOARD UNDER § 15.5–301 OF THIS SUBTITLE FOR THE 15
LOCAL GOVERNMENT ELE CTION. 16
(B) WHENEVER THE STATE BOARD DETERMINES THAT 17
LANGUAGE–RELATED ASSISTANCE S HALL BE PROVIDED IN A LOCAL GOVERNMENT 18
ELECTION UNDER THIS SECTION, THE LOCAL GOVERNMENT RESPONSIBLE FOR 19
ADMINISTERING THE EL ECTION SHALL PROVIDE COMPETENT ASSISTANCE AND 20
PHYSICAL AND ONLINE VOTI NG MATERIALS IN EACH DESIGNATED LANGUAGE 21
UNDER § 15.5–301 OF THIS SUBTITLE. 22
(C) (1) FOR EACH DESIGNATED L ANGUAGE UNDER § 15.5–301 OF THIS 23
SUBTITLE, THE LANGUAGE –RELATED ASSISTANCE A ND MATERIALS SHALL I NCLUDE: 24
(I) REGISTRATION AND VOT ING NOTICES; 25
(II) ELECTION–RELATED FORMS AND IN STRUCTIONS; AND 26
(III) EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS 27
SUBSECTION, BALLOTS AND OTHER MA TERIALS OR INFORMATI ON RELATING TO THE 28
ELECTORAL PROCESS . 29
(2) IN THE CASE OF A LANGUAGE THAT IS ORA L OR UNWRITTEN , THE 30 HOUSE BILL 1104 19
LOCAL GOVERNMENT MAY PROVIDE ONLY ORAL IN STRUCTIONS, ASSISTANCE, OR 1
OTHER INFORMATION RE LATING TO THE ELECTO RAL PROCESS IN THE A PPLICABLE 2
LANGUAGE. 3
(D) (1) MATERIALS PROVIDED IN A DESIGNATED LANGUAG E SHALL BE OF 4
AN EQUAL QUALITY TO T HE CORRESPONDING ENGLISH LANGUAGE MATE RIALS. 5
(2) ALL TRANSLATIONS SHAL L CONVEY THE INTENT AND ESSENTIAL 6
MEANING OF THE ORIGI NAL TEXT OR COMMUNIC ATION AND MAY NOT SO LELY RELY 7
ON AUTOMATIC ELECTRO NIC TRANSLATION SERV ICES. 8
(3) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, 9
LANGUAGE–RELATED ASSISTANCE S HALL INCLUDE THE PRE SENCE OF BILINGUAL 10
POLL WORKERS WHERE A VAILABLE. 11
15.5–304. 12
(A) THE STATE BOARD SHALL ADOPT REG ULATIONS THAT ESTABL ISH A 13
REVIEW PROCESS TO DE TERMINE WHETH ER A SIGNIFICANT AND SUBSTANTIAL 14
NEED EXISTS FOR A LA NGUAGE TO BE DESIGNA TED UNDER § 15.5–301 OF THIS 15
SUBTITLE. 16
(B) THE PROCESS ESTABLISH ED BY THE STATE BOARD UNDER SUBSECTIO N 17
(A) OF THIS SECTION SHAL L INCLUDE, AT MINIMUM: 18
(1) AN OPPORTUNITY FOR A VOTER OR GROUP OF VOT ERS TO 19
REQUEST THAT THE STATE BOARD CONSIDER DESIGN ATING A LANGUAGE UND ER § 20
15.5–301 OF THIS SUBTITLE; AND 21
(2) AN OPPORTUNITY FOR P UBLIC COMMENT . 22
(C) ON RECEIPT OF A REQUE ST AND CONSIDERATION OF ANY PUBLIC 23
COMMENT, THE STATE BOARD SHALL DESIGNATE ANY LANGUAGE FOR WHICH I T 24
DETERMINES THE CRITE RIA FOR DESIGNATION ARE MET. 25
15.5–305. 26
(A) THE FOLLOWING PERSONS MAY FILE AN ACTION U NDER THIS SECTION 27
IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 28
(1) AN AGGRIEVED PERSON ; 29
(2) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDE S OR IS LIKELY 30 20 HOUSE BILL 1104
TO INCLUDE AGGRIEVED PERSONS; 1
(3) AN ORGANIZATION WHOS E MISSION WOULD BE F RUSTRATED BY A 2
VIOLATION OF THIS SE CTION; 3
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURC ES IN ORDER 4
TO FULFILL ITS MISSI ON AS A RESULT OF A V IOLATION OF THIS SEC TION; OR 5
(5) THE STATE BOARD. 6
(B) (1) IN THE CASE OF ANY LO CAL GOVERNMENT THAT SEEKS TO 7
PROVIDE ONLY ENGLISH LANGUAGE MATE RIALS DESPITE A DETE RMINATION BY 8
THE STATE BOARD THAT THE LOCAL GOVERNMENT IS REQUIR ED TO PROVIDE 9
LANGUAGE–RELATED ASSISTANCE U NDER THIS SUBTITLE , THE LOCAL 10
GOVERNMENT MAY FILE AN ACTION AGAINST TH E STATE BOARD IN THE CIRCUIT 11
COURT FOR ANNE ARUNDEL COUNTY SEEKING A DECL ARATORY JUDGMENT 12
ALLOWING THE LOCAL G OVERNMENT TO PROVIDE ONLY ENGLISH LANGUAGE 13
MATERIALS. 14
(2) THE COURT SHALL ENTER THE DECLARATORY JUDGMENT IN 15
FAVOR OF THE LOCAL G OVERNMENT ONLY IF TH E COURT FINDS THAT THE 16
DETERMINATION BY THE STATE BOARD WAS ARBITRARY A ND CAPRICIOUS OR AN 17
ABUSE OF DISCRETION . 18
SUBTITLE 4. PRECLEARANCE . 19
15.5–401. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) (1) “COVERED JURISDICTION ” MEANS ANY LOCAL GOVE RNMENT: 23
(I) THAT, WITHIN THE IMMEDIATE LY PRECEDING 25 YEARS, 24
HAS BECOME SUBJECT T O A COURT ORDER OR G OVERNMENT ENFORCEMEN T 25
ACTION BASED ON A FI NDING OF A VIOLATION OF THIS TITLE, THE FEDERAL VOTING 26
RIGHTS ACT, THE 15TH AMENDMENT TO THE U.S. CONSTITUTION, OR A 27
VOTING–RELATED VIOLATION OF THE 14TH AMENDMENT TO THE U.S. 28
CONSTITUTION; 29
(II) THAT, WITHIN THE IMMEDIATE LY PRECEDING 25 YEARS, 30
HAS BECOME SUBJECT T O AT LEAST THREE COU RT ORDERS OR GOVERNM ENT 31
ENFORCEMENT ACTIONS BASED ON A FINDING O F A VIOLATION OF A F EDERAL OR 32 HOUSE BILL 1104 21
STATE CIVIL RIGHTS LA W OR THE 14TH AMENDMENT TO THE U.S. CONSTITUTION 1
CONCERNING DISCRIMIN ATION AGAINST MEMBER S OF A PROTECTED CLA SS; 2
(III) WHERE THE COMBINED M ISDEMEANOR AND FELON Y 3
ARREST RATE OF MEMBE RS OF ANY PROTECTED CLASS CONSISTING OF AT LEAST 4
10,000 CITIZENS OF VOTING A GE OR WHOSE MEMBERS COMPRISE AT LEAST 10% OF 5
THE CITIZEN VOTING A GE POPULATION OF THE LOCAL GOVERNMENT , EXCEEDS THE 6
PROPORTION THAT THE PROTECTED CLASS CONS TITUTES OF THE CITIZ EN VOTING 7
AGE POPULATION OF TH E LOCAL GOVERNMENT A S A WHOLE BY AT LEAS T 20% AT 8
ANY POINT WITHIN THE IMMEDIATELY PRECEDIN G 10 YEARS; OR 9
(IV) WHERE, BASED ON DATA MADE A VAILABLE BY THE U.S. 10
BUREAU OF THE CENSUS, THE DISSIMILARITY IN DEX OF ANY PROTECTED CLASS 11
THAT CONSISTS OF AT LEAST 25,000 CITIZENS OF VOTING A GE FOR THE LOCAL 12
GOVERNMENT OR WHOSE MEMBERS COMPRISE AT LEAST 10% OF THE VOTING AGE 13
POPULATION OF THE LOC AL GOVERNMENT , HAS BEEN IN EXCESS O F 50 WITH 14
RESPECT TO THE RACE , COLOR, OR LANGUAGE MINORITY GROUP THAT COMPRISES 15
A MAJORITY WITHIN TH E LOCAL GOVERNMENT A T ANY POINT DURING T HE 16
IMMEDIATELY PRECEDIN G 10 YEARS. 17
(2) “COVERED JURISDICT ION” INCLUDES A LOCAL BOA RD OF A 18
COUNTY THAT IS A COV ERED JURISDICTION . 19
(C) “COVERED POLICY ” INCLUDES A NEW OR MO DIFIED LOCAL 20
GOVERNMENT QUALIFICA TION FOR ADMISSION A S A VOTER, PREREQUISITE TO 21
VOTING, OR ANY OF THE FOLLOW ING ORDINANCES , REGULATIONS , STANDARDS, 22
PRACTICES, PROCEDURES , OR POLICIES CONCERNI NG: 23
(1) A CHANGE TO THE METH OD OF ELECTION OR DA TES OF ELECTION 24
OF MEMBERS OF A GOVE RNING BODY OR AN ELE CTED SCHOOL BOARD ; 25
(2) A CHANGE TO THE BOUN DARIES OF ELECTION D ISTRICTS OR 26
WARDS IN THE LOCA L GOVERNMENT , INCLUDING CHANGES MA DE UNDER A 27
DECENNIAL REDISTRICT ING MEASURE; 28
(3) A CHANGE TO THE FORM OF GOVERNMENT FOR A LOCAL 29
GOVERNMENT ; 30
(4) AN ANNEXATION , AN INCORPORATION , A DISSOLUTION , A 31
CONSOLIDATION , OR A DIVISION OF A L OCAL GOVERNMENT ; 32
(5) A CHANGE TO THE PROC ESS OF REMOVAL OF IN DIVIDUALS FROM 33
VOTER REGISTRATION L ISTS AND OTHER ACTIV ITIES CONCERNING THE 34 22 HOUSE BILL 1104
CANCELLATION OR DENI AL OF VOTER REGISTRA TION; 1
(6) A CHANGE TO THE ASSI GNMENT OF A VOTING P RECINCT, POLLING 2
PLACE, OR DROP BOX LOC ATION, INCLUDING THE RELOCA TION OF VOTERS 3
ASSIGNED TO POLLING PLACES, THE RELOCATION OR RE DUCTION OF HOURS OF ANY 4
POLLING PLACE OR BAL LOT DROP BOX, OR THE REDUCTION OR CONSOLIDATION OF 5
THE NUMBER OF POLLIN G PLACES OR BALLOT D ROP BOXES; 6
(7) A CHANGE TO THE PROVISION OF TRA NSLATION OR 7
INTERPRETATION SERVI CES TO VOTERS IN ANY LANGUAGE OTHER THAN ENGLISH, 8
INCLUDING THE CREATI ON OR DISTRIBUTION O F VOTING MATERIALS I N ANY 9
LANGUAGE OTHER THAN ENGLISH; 10
(8) A CHANGE TO THE PROV ISION OF ASSISTANCE TO VOTERS WITH 11
DISABILITIES, INCLUDING THE CREATI ON OR DISTRIBUTION O F VOTING MATERIALS 12
FOR VOTERS WITH DISA BILITIES; OR 13
(9) ANY ADDITIONAL SUBJE CT MATTER THAT THE STATE BOARD, IN 14
CONSULTATION WITH TH E CIVIL RIGHTS DIVISION, MAY IDENTIFY FOR INC LUSION 15
BY REGULATI ON IF THE CIVIL RIGHTS DIVISION DETERMINES T HAT ANY 16
QUALIFICATION FOR AD MISSION AS A VOTER , PREREQUISITE TO VOTI NG, OR ANY 17
ORDINANCE, REGULATION , STANDARD, PRACTICE, PROCEDURE , OR POLICY 18
CONCERNING THE SUBJE CT MATTER MAY HAVE T HE EFFECT OF IMPAIRI NG OR 19
DIMINISHING THE RIGHT T O VOTE OF ANY PROTEC TED CLASS VOTER . 20
(D) “GOVERNMENT ENFORCEMEN T ACTION” MEANS A DENIAL OF 21
ADMINISTRATIVE OR JU DICIAL PRECLEARANCE BY THE STATE OR FEDERAL 22
GOVERNMENT , PENDING LITIGATION F ILED BY A FEDERAL OR STATE ENTITY, A 23
FINAL JUDGMENT OR ADJUDICAT ION, A CONSENT DECREE , OR A SIMILAR FORMAL 24
ACTION. 25
(E) “PRECLEARANCE ” MEANS THE REQUIREMEN T THAT A LOCAL 26
GOVERNMENT SUBMIT TH E PROPOSED ENACTMENT OR IMPLEMENTATION OF A 27
COVERED POLICY , IN WRITING, TO THE CIVIL RIGHTS DIVISION OR THE CIRCUIT 28
COURT FOR ANNE ARUNDEL COUNTY FOR APPROVAL O R DENIAL. 29
15.5–402. 30
THE ENACTMENT OR IMPL EMENTATION OF A COVE RED POLICY BY A COVE RED 31
JURISDICTION IS SUBJ ECT TO PRECLEARANCE BY: 32
(1) THE CIVIL RIGHTS DIVISION, UNDER § 15.5–404 OF THIS 33
SUBTITLE; OR 34 HOUSE BILL 1104 23
(2) THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, UNDER § 1
15.5–406 OF THIS SUBTITLE. 2
15.5–403. 3
(A) WHEN THE CIVIL RIGHTS DIVISION RECEIVES A S UBMISSION OF A 4
COVERED POLICY FOR P RECLEARANCE , THE CIVIL RIGHTS DIVISION SHALL 5
PUBLISH THE SUBMISSI ON ON ITS WEBSITE AS SOON AS P RACTICABLE, BUT NOT 6
LATER THAN 10 DAYS AFTER RECEIPT O F THE SUBMISSION . 7
(B) (1) AFTER THE PUBLICATION OF A SUBMISSION UNDE R SUBSECTION 8
(A) OF THIS SECTION , THERE SHALL BE AN OP PORTUNITY FOR MEMBER S OF THE 9
PUBLIC TO COMMENT AN D PROVIDE FEEDBACK ON THE SU BMISSION TO THE CIVIL 10
RIGHTS DIVISION WITHIN THE T IME PERIODS UNDER § 15.5–405 OF THIS SUBTITLE. 11
(2) TO FACILITATE PUBLIC COMMENT, THE CIVIL RIGHTS DIVISION 12
SHALL PROVIDE AN OPP ORTUNITY FOR MEMBERS OF THE PUBLIC TO SIG N UP TO 13
RECEIVE NOTIFICATIONS OR A LERTS REGARDING THE SUBMISSION OF A COVE RED 14
POLICY FOR PRECLEARA NCE. 15
(C) THE CIVIL RIGHTS DIVISION SHALL PUBLIC LY POST ITS REPORTS AND 16
DETERMINATIONS UNDER THIS SUBTITLE ON ITS WEBSITE. 17
15.5–404. 18
(A) (1) THE CIVIL RIGHTS DIVISION SHALL REVIEW A COVERED POLICY 19
SUBMITTED FOR PRECLE ARANCE UNDER § 15.5–403 OF THIS SUBTITLE . 20
(2) THE CIVIL RIGHTS DIVISION SHALL REVIEW THE PUBLIC 21
COMMENT SUBMITTED WI TH THE SUBMISSION OF A COVERED POLICY FOR 22
PRECLEARANCE . 23
(B) (1) FOLLOWING THE REVIEW REQUIRED UNDER SUBSE CTION (A) OF 24
THIS SECTION, THE CIVIL RIGHTS DIVISION SHALL PROVID E A REPORT AND 25
DETERMINATION AS TO WHETHER PRECLEARANCE FOR A COVERED POLICY SHOULD 26
BE APPROVED OR DENIE D. 27
(2) THE DETERMINATION UND ER PARAG RAPH (1) OF THIS 28
SUBSECTION SHALL BE MADE WITHIN THE TIME PERIODS UNDER § 15.5–405 OF THIS 29
SUBTITLE. 30
(C) (1) THE COVERED JURISDICT ION SHALL BEAR THE B URDEN OF 31 24 HOUSE BILL 1104
PROOF IN ANY PRECLEA RANCE DETERMINATION . 1
(2) THE CIVIL RIGHTS DIVISION MAY REQUEST ADDITIONAL 2
INFORMATION FROM THE COVERED JURISDICTION AT ANY TIME DURING I TS REVIEW 3
TO AID IN DEVELOPING ITS REPORT AND RECOM MENDATION . 4
(3) THE FAILURE OF A COVE RED JURISDICTION TO TIMELY COMPLY 5
WITH REASONABLE REQU ESTS FOR MORE INFORM ATION MAY BE GROUNDS FOR THE 6
DENIAL OF PRECLEARAN CE. 7
(D) (1) IN ANY PRECLEARANCE D ETERMINATION , THE CIVIL RIGHTS 8
DIVISION SHALL IDENTI FY, IN WRITING, WHETHER IT IS APPROV ING OR REJECTING 9
THE COVERED POLICY . 10
(2) (I) THE CIVIL RIGHTS DIVISION MAY, IN ITS DISCRETION , 11
DESIGNATE PRECLEARANCE AS PREL IMINARY. 12
(II) IF THE CIVIL RIGHTS DIVISION DESIGNATES 13
PRECLEARANCE AS PREL IMINARY, THE CIVIL RIGHTS DIVISION MAY DENY 14
PRECLEARANCE WITHIN 60 DAYS FOLLOWING THE R ECEIPT OF SUBMISSION OF THE 15
COVERED POLICY . 16
(E) THE CIVIL RIGHTS DIVISION MAY DENY PRE CLEARANCE ONLY IF IT 17
DETERMINES THAT THE COVERED POLICY IS MO RE LIKELY THAN NOT T O DIMINISH 18
THE OPPORTUNITY OR A BILITY OF PROTECTED CLASS MEMBERS TO PAR TICIPATE IN 19
THE POLITICAL PROCES S AND ELECT CANDIDAT ES OF THEIR CHOICE O R OTHERWISE 20
INFLUENCE THE OUTCOM E OF ELECTIONS, OR THAT THE COVERED POLICY IS MORE 21
LIKELY THAN NOT TO V IOLATE THIS TITLE. 22
(F) (1) IF THE CIVIL RIGHTS DIVISION GRANTS PRECL EARANCE, THE 23
APPLICABLE COVERED J URISDICTION MAY ENAC T OR IMPLEMENT THE C OVERED 24
POLICY. 25
(2) IF THE CIVIL RIGHTS DIVISION DENIES PRECL EARANCE, THE 26
DIVISION SHALL INCLUD E ITS OBJECTIONS AND EXPLAIN ITS BASIS FO R THE 27
OBJECTIONS AND THAT THE COVERED POLICY O F THE APPLICABLE JUR ISDICTION 28
MAY NOT BE ENACTED O R IMPLEMENTED . 29
(3) IF THE CIVIL RIGHTS DIVISION FAILS TO RES POND WITHIN THE 30
REQUIRED TIME PERIOD UNDER § 15.5–405 OF THIS SUBTITLE , THE COVERED 31
POLICY SHALL BE GRAN TED AND THE APPLICAB LE JURISDICTION MAY ENACT OR 32
IMPLEMENT THE COVERE D POLICY. 33
HOUSE BILL 1104 25
(G) ANY DENIAL OF PRECLEA RANCE UNDER THIS SEC TION MAY BE 1
APPEALED TO THE SUPREME COURT OF MARYLAND. 2
15.5–405. 3
(A) (1) THE PERIOD FOR PUBLIC COMMENT SHALL BE 5 BUSINESS DAYS 4
IF A COVERED POLICY CONCERNS THE LOCATIO N OF POLLING PLACES OR BALLOT 5
DROP BOX LOCATIONS . 6
(2) THE CIVIL RIGHTS DIVISION SHALL REVIEW THE COVERED 7
POLICY, INCLUDING ANY PUBLIC COMMENT, AND MAKE A DETERMINA TION TO DENY 8
OR GRANT PRECLEARANC E FOR THE COVERED PO LICY WITHIN 15 DAYS FOLLOWING 9
THE RECEIPT OF THE C OVERED POLICY . 10
(3) THE CIVIL RIGHTS DIVISION MAY INVOKE A N EXTENSION OF U P 11
TO 20 DAYS TO MAKE A DETER MINATION UNDER THIS SUBSECTION. 12
(B) THE PERIOD FOR PUBLIC COMMENT SHALL BE 20 BUSINESS DAYS IF A 13
COVERED POLICY CONCE RNS: 14
(1) THE IMPLEMENTATION O F A DISTRICT –BASED METHOD OF 15
ELECTION OR AN ALTER NATIVE METHOD OF ELE CTION; 16
(2) DISTRICTING PLANS ; OR 17
(3) A CHANGE TO THE LOCA L GOVERNMENT ’S FORM OF 18
GOVERNMENT . 19
(C) THE PERIOD FOR PUBLIC COMMENT SHALL BE 10 BUSINESS DAYS FOR 20
ANY OTHER COVERED PO LICY. 21
(D) (1) FOR A COVERED POLICY DESCRIBED IN SUBSECT ION (B) OR (C) OF 22
THIS SECTION, THE CIVIL RIGHTS DIVISION SHALL REVIEW THE COVERED POLICY , 23
INCLUDING ANY PUBLIC COMMENT, AND MAKE A DETERMINA TION TO DENY OR 24
GRANT PRECLEARANCE W ITHIN 60 DAYS FOLLOWING THE S UBMISSION OF THE 25
COVERED POLICY . 26
(2) THE CIVIL RIGHTS DIVISION MAY INVOKE UP TO TWO 27
EXTENSIONS OF 90 DAYS EACH TO MAKE A DETERMINATION UNDER THIS 28
SUBSECTION. 29
15.5–406. 30
26 HOUSE BILL 1104
(A) AS AN ALTERNATIVE TO PRECLEARANCE THROUGH THE CIVIL RIGHTS 1
DIVISION UNDER § 15.5–404 OF THIS SUBTITLE , A COVERED JURISDICTI ON MAY 2
SUBMIT A COVERED POLICY TO TH E CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 3
FOR PRECLEARANCE . 4
(B) TO HAVE A COVERED POL ICY BE CONSIDERED FO R PRECLEARANCE 5
UNDER THIS SECTION , THE COVERED JURISDIC TION SHALL: 6
(1) SUBMIT, IN WRITING, THE COVERED POLICY T O THE COURT; AND 7
(2) CONTEMPORANEOUSLY TR ANSMIT TO THE CIVIL RIGHTS 8
DIVISION A COPY OF TH E COVERED POLICY SUB MITTED TO THE COURT UNDER ITEM 9
(1) OF THIS SUBSECTION . 10
(C) FAILURE OF THE COVERE D JURISDICTION TO PR OVIDE A COPY OF THE 11
POLICY TO THE CIVIL RIGHTS DIVISION UNDER SUBSECTION (B)(2) OF THIS 12
SECTION SHALL RESULT IN AN AUTOMATIC DENI AL OF THE REQUEST FO R 13
PRECLEARANCE . 14
(D) THE COURT SHALL EXERCISE EXCLUSIVE JURISDICTI ON OVER A 15
SUBMISSION THAT IS I N COMPLIANCE WITH SU BSECTION (B) OF THIS SECTION. 16
(E) THE COVERED JURISDICTION SHALL B EAR THE BURDEN OF PR OOF IN 17
THE COURT’S PRECLEARANCE DETER MINATION. 18
(F) THE COURT SHALL GRANT OR DENY PRECLEARANCE WI THIN 60 DAYS 19
FOLLOWING THE RECEIP T OF THE SUBMISSION OF THE COVERED POLIC Y. 20
(G) THE COURT MAY DENY PRECLE ARANCE ONL Y IF IT DETERMINES T HAT 21
THE COVERED POLICY I S MORE LIKELY THAN N OT TO DIMINISH THE O PPORTUNITY 22
OR ABILITY OF PROTEC TED CLASS MEMBERS TO PARTICIPATE IN THE P OLITICAL 23
PROCESS AND ELECT CA NDIDATES OF THEIR CH OICE OR OTHERWISE IN FLUENCE 24
THE OUTCOME OF ELECT IONS, OR THAT THE COVERED POLICY IS MORE LIKEL Y 25
THAN NOT TO VIOLATE A PROVISION IN THIS TITLE. 26
(H) (1) IF THE COURT GRANTS PRECLEAR ANCE, THE APPLICABLE 27
COVERED JURISDICTION MAY ENACT OR IMPLEME NT THE COVERED POLIC Y. 28
(2) IF THE COURT DENIES PRECLEAR ANCE, THE COVERED POLICY 29
MAY NOT BE ENACTED O R IMPLEMENTED . 30
(3) IF THE COURT FAILS TO RESPON D WITHIN 60 DAYS, THE COVERED 31
POLICY MAY NOT BE EN ACTED OR IMPLEMENTED . 32 HOUSE BILL 1104 27
(I) (1) A DENIAL UNDER THIS SE CTION MAY BE APPEALE D IN 1
ACCORDANCE WITH THE ORDINARY RULE S OF APPELLATE PROCE DURE. 2
(2) DUE TO THE FREQUENCY AND URGENCY OF ELECT IONS, ACTIONS 3
BROUGHT UNDER THIS S ECTION SHALL BE SUBJ ECT TO EXPEDITED PRE TRIAL AND 4
TRIAL PROCEEDINGS AN D RECEIVE AN AUTOMAT IC CALENDAR PREFEREN CE ON 5
APPEAL. 6
15.5–407. 7
THE FOLLOWING PERSONS MA Y FILE AN ACTION IN THE CIRCUIT COURT FOR 8
ANNE ARUNDEL COUNTY TO ENJOIN THE ENACTMENT OR IMPLEME NTATION OF A 9
COVERED POLICY AND S EEK SANCTIONS IF A J URISDICTION ENACTS O R 10
IMPLEMENTS A COVERED POLICY WITHOUT FIRST OBTAINING PRECLEARAN CE IN 11
ACCORDANCE WITH THIS SUBTITLE: 12
(1) AN AGGRIEVED PERSON ; 13
(2) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDE S OR IS LIKELY 14
TO INCLUDE AGGRIEVED PERSONS; 15
(3) AN ORGANIZATION WHOS E MISSION WOULD BE F RUSTRATED BY A 16
VIOLATION OF THIS SU BTITLE; 17
(4) AN ORGANIZATION THAT WO ULD EXPEND RESOURCES IN ORDER 18
TO FULFILL ITS MISSI ON AS A RESULT OF A VIOLATION OF THIS SU BTITLE; OR 19
(5) THE CIVIL RIGHTS DIVISION. 20
15.5–408. 21
(A) THE STATE BOARD, IN CONSULTATION WITH THE CIVIL RIGHTS 22
DIVISION, MAY ADOPT REGULATIO NS TO CARRY OUT THE PURPOSES OF THIS 23
SUBTITLE. 24
(B) (1) THE STATE BOARD, IN CONSULTATION WITH THE CIVIL RIGHTS 25
DIVISION, MAY ADOPT REGULATION S FOR AN EXPEDITED , EMERGENCY 26
PRECLEARANCE PROCESS IN THE EVENT OF A CO VERED POLICY OCCURRI NG 27
DURING OR IMMINENTLY PRECEDING AN ELECTIO N AS A RESULT OF A D ISASTER, AN 28
EMERGENCY , OR ANY OTHER EXIGENT CIRCUMSTANCES . 29
(2) (I) AN EXPEDITED OR EMERG ENCY PRECLEARANCE GR ANTED 30 28 HOUSE BILL 1104
UNDER PARAGRAPH (1) OF THIS SUBSECTION S HALL BE CONSIDERED O NLY 1
PRELIMINARY PRECLEAR ANCE. 2
(II) THE CIVIL RIGHTS DIVISION MAY SUBSEQUE NTLY DENY 3
PRELIMINARY PRECLEAR ANCE WITHIN 60 DAYS FOLLOWING RECEI PT OF THE 4
COVERED POLICY . 5
15.5–409. 6
A DETERMINATION BY THE CIVIL RIGHTS DIVISION OR THE CIRCUIT COURT 7
FOR ANNE ARUNDEL COUNTY TO GRANT OR DE NY PRECLEARANCE TO A CO VERED 8
POLICY MAY NOT BE AD MISSIBLE OR OTHERWIS E CONSIDERED BY A CO URT IN ANY 9
SUBSEQUENT ACTION CH ALLENGING THE COVERE D POLICY. 10
SUBTITLE 5. STATEWIDE ELECTION DATABASE AND INFORMATION OFFICE. 11
15.5–501. 12
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE M EANINGS 13
INDICATED. 14
(B) “DIRECTOR” MEANS THE DIRECTOR OF THE OFFICE. 15
(C) “OFFICE” MEANS THE STATEWIDE ELECTION DATABASE AND 16
INFORMATION OFFICE. 17
15.5–502. 18
THERE IS A STATEWIDE ELECTION DATABASE AND INFORMATION OFFICE IN 19
THE STATE BOARD. 20
15.5–503. 21
THE PURPOSE OF THE OFFICE IS TO ASSIST T HE STATE AND LOCAL 22
GOVERNMENTS WITH : 23
(1) EVALUATING WHETHER , AND TO WHAT EXTENT , CURRENT LAWS 24
AND PRACTICES RELATE D TO ELECTION ADMINI STRATION ARE CONSIST ENT WITH 25
THIS TITLE; 26
(2) IMPLEMENT ING BEST PRACTICES I N ELECTION ADMINISTR ATION 27
TO FURTHER THE PURPO SES OF THIS TITLE; AND 28
HOUSE BILL 1104 29
(3) INVESTIGATING ANY PO TENTIAL INFRINGEMENT ON THE RIGHT 1
TO VOTE. 2
15.5–504. 3
(A) THE DIRECTOR OF THE OFFICE SHALL: 4
(1) BE APPOINTED BY THE GOVERNOR; 5
(2) AT A MINIMUM , HOLD AN ADVANCED DEG REE FROM AN 6
ACCREDITED COLLEGE O R UNIVERSITY AND HAV E EXPERTISE IN DEMOG RAPHY, 7
STATISTICAL ANALYSIS , AND ELECTORAL SYSTEM S; AND 8
(3) BE AN EMPLOYEE OF TH E STATE BOARD. 9
(B) THE DIRECTOR SHALL BE RES PONSIBLE FOR THE OPE RATION AND 10
ADMINISTRATION OF TH E OFFICE. 11
(C) (1) THE STATE BOARD SHALL PROVIDE T HE OFFICE WITH 12
SUFFICIENT STAFF TO PERFORM THE FUNCTION S OF THIS SUBTITLE. 13
(2) THE DIRECTOR SHALL MANAGE STAFF TO OPERATE AND 14
ADMINISTER THE OFFICE. 15
15.5–505. 16
(A) (1) THE OFFICE SHALL MAINTAIN THE FOLLOWING DATA A ND 17
RECORDS IN AN ELECTR ONIC FORMAT : 18
(I) ESTIMATES OF TOTAL P OPULATION, VOTING AGE 19
POPULATION , AND CITIZEN VOTING A GE POPULATION BY RAC E, COLOR, AND 20
LANGUAGE MINORITY GR OUP, BROKEN DOWN ANNUALLY TO THE PRECINC T LEVEL 21
FOR EACH LOCAL GOVER NMENT, BASED ON INFORMATION FROM THE U.S. CENSUS 22
BUREAU, INCLUDING FROM THE AMERICAN COMMUNITY SURVEY, OR 23
INFORMATION OF COMPA RABLE QUALITY COLLEC TED BY A SIMILAR 24
GOVERNMENTAL AGENCY ; 25
(II) ELECTION RESULTS AT THE PRECINCT L EVEL FOR STATE 26
AND LOCAL GOVERNMENT ELECTIONS; 27
(III) REGULARLY UPDATED VO TER REGISTRATION LIS TS, 28
GEOCODED LOCATIONS F OR EACH REGISTERED V OTER, AND OTHER VOTER 29
RECORDS, INCLUDING VOTER HIST ORY FILES FOR EACH E LECTION IN EACH LOCA L 30 30 HOUSE BILL 1104
GOVERNMENT ; 1
(IV) DISTRICTING PLANS AN D PRECINCT BOUNDARIE S FOR 2
EACH ELECTION IN EAC H LOCAL GOVERNMENT , WHICH SHALL BE PROVI DED IN A 3
SHAPEFILE OR COMPARA BLE ELECTRONIC FORMA T; 4
(V) GEOCODED LOCATIONS O F POLLING PLACES AND BALLOT 5
DROP BOXES FOR EACH ELECTION IN EACH LOC AL GOVERNMENT , AND A LIST OR 6
DESCRIPTION OF THE D ISTRICTS OR GEOGRAPH IC AREAS SERVED BY E ACH POLLING 7
PLACE OR BALLOT DROP BOX LOCATION ; AND 8
(VI) ANY OTHER INFORMATIO N THAT THE DIRECTOR 9
DETERMINES ADVISABLE TO MAINTAIN IN FURTH ERANCE OF THE PURPOS ES OF THE 10
OFFICE AND THIS TITLE . 11
(2) THE DATA AND RECORDS UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL , AT A MINIMUM , COVER THE IMMEDIATEL Y PRECEDING 12 13
YEARS. 14
(B) EXCEPT FOR ANY DATA , INFORMATION , OR ESTIMATES THAT ID ENTIFY 15
INDIVIDUAL VOTERS , THE DATA, INFORMATION, AND ESTIMATES MAINTA INED BY 16
THE OFFICE SHALL BE POSTE D ON THE STATE BOARD’S WEBSITE AND MADE 17
AVAILABLE TO THE PUB LIC AT NO COST. 18
(C) THE OFFICE SHALL PREPARE ALL DATA USING THE M OST ADVANCED , 19
PEER–REVIEWED, AND VALIDATED METHOD OLOGIES. 20
15.5–506. 21
ON THE CERTIFICATION OF ELECTION RESULTS AND THE FINALIZATION OF 22
OTHER VOTER RECORDS , INCLUDING VOTER HIST ORY FILES, AFTER EACH LOCAL 23
GOVERNMENT ELECTION , THE ENTITY RESPONSIB LE FOR ADMINISTERING THE 24
LOCAL GOVERNMENT ’S ELECTIONS SHALL TR ANSMIT TO THE OFFICE, IN 25
ELECTRONIC FORMAT , COPIES OF THE FOLLOW ING: 26
(1) THE ELECTION RESULTS AT THE PRECINCT LEVE L; 27
(2) CONTEMPORANEOUS REGI STRATION LISTS; 28
(3) VOTER RECORDS OR VOT ER HISTORY FILES ; 29
(4) ELECTION DISTRICT AN D PRECINCT BOUNDARIE S; AND 30
HOUSE BILL 1104 31
(5) LISTS OF POLLING PLA CE AND BALLOT DROP B OX LOCATIONS AND 1
LISTS OR DESCRIPTION S OF THE DISTRICTS O R GEOGRAPHIC AREAS S ERVED BY THE 2
LOCATIONS. 3
15.5–507. 4
AT LEAST ONCE EACH YE AR, OR MORE FREQUENTLY O N REQUEST OF THE 5
DIRECTOR, ANY STATE ENTITY IDENTIFI ED BY THE DIRECTOR AS POSSESSIN G 6
DATA, STATISTICS, OR OTHER INFORMATION THE DIRECTOR REQUIRES TO CARRY 7
OUT THE DIRECTOR’S RESPONSIBILITIES U NDER THIS SUBTITLE S HALL PROVIDE 8
THE DATA, STATISTICS, OR INFORMATION TO TH E DIRECTOR. 9
15.5–508. 10
THE DIRECTOR MAY P ROVIDE NONPARTISAN T ECHNICAL ASSISTANCE TO 11
LOCAL GOVERNMENTS , RESEARCHERS , AND MEMBERS OF THE P UBLIC SEEKING TO 12
USE THE RESOURCES OF THE STATEWIDE DATABA SE. 13
SUBTITLE 6. PROHIBITION OF VOTER INTIMIDATION AND OBSTRUCTION. 14
15.5–601. 15
(A) A PERSON, WHETHER ACTING UNDER COLOR O F LAW OR OTHERWISE , 16
MAY NOT ENGAGE IN AC TS OF INTIMIDATION , DECEPTION, OR OBSTRUCTION THAT 17
INTERFERE WITH AN IN DIVIDUAL’S RIGHT TO VOTE. 18
(B) THE FOLLOWING SHALL C ONSTITUTE A VIOLATIO N OF SUBSECTION (A) 19
OF THIS SECTION: 20
(1) THE USE OF FORCE OR THREAT S TO USE FORCE, OR THE USE OF 21
ANY OTHER CONDUCT TO PRACTICE INTIMIDATIO N THAT CAUSES OR WIL L 22
REASONABLY HAVE THE EFFECT OF CAUSING IN TERFERENCE WITH AN 23
INDIVIDUAL’S RIGHT TO VOTE; 24
(2) THE KNOWING USE OF A DECEPTIVE OR FRAUDUL ENT DEVICE, 25
CONTRIVANCE , OR COMMUNICATION THA T CAUSES OR WILL REA SONABLY HAVE THE 26
EFFECT OF CAUSING IN TERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE; OR 27
(3) THE OBSTRUCTION OF , IMPEDIMENT TO , OR OTHER 28
INTERFERENCE WITH AC CESS TO A POLLING PL ACE, A BALLOT DROP BOX, OR AN 29
OFFICE OR A PLACE OF BUSINESS OF AN ELECT ION OFFICIAL OR A VO TER OR AN 30
ELECTION OFFICIAL IN A MANNER THAT CAUSES OR WILL REASONABLY H AVE THE 31
EFFECT OF CAUSING IN TERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE OR 32 32 HOUSE BILL 1104
ANY DELAY IN VOTING OR THE VOTING PROCESS. 1
(C) THE FOLLOWING PERSONS MAY FILE AN ACTION A LLEGING A VIOLATION 2
OF THIS SECTION IN T HE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 3
(1) AN AGGRIEVED PERSON ; 4
(2) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDE S OR IS LIKELY 5
TO INCLUDE AGGRIEVED PERSONS; 6
(3) AN ORGANIZATION WHOS E MISSION WOULD BE F RUSTRATED BY A 7
VIOLATION OF THIS SE CTION; 8
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURC ES IN ORDER 9
TO FULFILL ITS MISSI ON AS A RESULT OF A VIOLATION OF THIS SE CTION; OR 10
(5) THE CIVIL RIGHTS DIVISION. 11
(D) (1) (I) IF THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 12
FINDS A VIOLATION OF THIS SECTION, THE COURT SHALL ORDER APP ROPRIATE 13
REMEDIES THAT ARE TA ILORED TO ADDRESS TH E VIOLATION. 14
(II) THE REMEDIES ORDERED UNDER SUBPARAGRAPH (I) OF 15
THIS PARAGRAPH MAY INCLUDE P ROVIDING FOR ADDITIO NAL TIME TO VOTE 16
DURING AN ELECTION . 17
(2) A PERSON WHO VIOLATES THIS SECTION OR WHO AIDS IN THE 18
VIOLATION OF THIS SE CTION SHALL BE LIABL E FOR ANY DAMAGES AW ARDED BY THE 19
COURT, INCLUDING NOMINAL DA MAGES FOR ANY VIO LATION AND COMPENSAT ORY 20
OR PUNITIVE DAMAGES FOR ANY WILLFUL VIOL ATION. 21
SUBTITLE 7. JURISDICTION AND PROCEEDINGS . 22
15.5–701. 23
IN ANY ACTION OR INVE STIGATION TO ENFORCE THIS TITLE, THE CIVIL 24
RIGHTS DIVISION MAY: 25
(1) EXAMINE WITNESSES ; 26
(2) RECEIVE ORAL AND DOCUMENTARY E VIDENCE; 27
(3) DETERMINE MATERIAL F ACTS; AND 28 HOUSE BILL 1104 33
(4) ISSUE SUBPOENAS IN A CCORDANCE WITH THE O RDINARY RULES 1
OF CIVIL PROCEDURE . 2
15.5–702. 3
(A) ACTIONS BROUGHT UNDER THIS TITLE SHALL BE SUBJECT TO 4
EXPEDITED PRETRIAL A ND TRIAL PROCEEDINGS AND RECE IVE AN AUTOMATIC 5
CALENDAR PREFERENCE . 6
(B) IF A PARTY SEEKS PREL IMINARY RELIEF ALLEG ING A VIOLATION OF 7
THIS TITLE THAT RELA TES TO AN UPCOMING E LECTION, THE CIRCUIT COURT FOR 8
ANNE ARUNDEL COUNTY SHALL GRANT RE LIEF IF IT DETERMINE S THAT: 9
(1) THE PARTY IS MORE LI KELY THAN NOT TO SUC CEED ON THE 10
MERITS; AND 11
(2) IT IS POSSIBLE TO IM PLEMENT AN APPROPRIA TE REMEDY THAT 12
WOULD RESOLVE THE AL LEGED VIOLATION IN T HE UPCOMING ELECTION . 13
SUBTITLE 8. COSTS AND FEES. 14
15.5–801. 15
(A) EXCEPT AS PRO VIDED IN SUBSECTION (B)(2) OF THIS SECTION , IN AN 16
ACTION TO ENFORCE TH IS TITLE, THE CIRCUIT COURT FOR ANNE ARUNDEL 17
COUNTY SHALL AWARD RE ASONABLE ATTORNEY ’S FEES AND LITIGATIO N COSTS, 18
INCLUDING EXPERT WIT NESS FEES AND EXPENS ES TO THE PARTY THAT PREVAILED 19
IN THE ACTION. 20
(B) (1) IF THE STATE OR LOCAL GOVERN MENT IS AN OPPOSING PARTY, A 21
PARTY WILL BE DEEMED TO HAVE PREVAILED IN AN ACTION WHEN , AS A RESULT OF 22
THE ACTION, THE STATE OR LOCAL GOVERN MENT YIELDS SOME OR ALL OF THE 23
RELIEF SOUGHT IN THE ACTION. 24
(2) IF THE STATE OR LOCAL GOVERN MENT PREVAILS IN AN ACTION 25
UNDER THIS TITLE , THE COURT MAY NOT AWARD T HE STATE OR LOCAL 26
GOVERNMENT ANY COSTS UNLESS THE COURT FINDS THE ACTIO N TO BE 27
FRIVOLOUS, UNREASONABLE , OR WITHOUT FOUNDATIO N. 28
SECTION 2. AND BE IT FURTH ER ENACTED, That this Act is an emergency 29
measure, is necessary for the immediate preservation of the public health or safety, has 30
been passed by a yea and nay vote supported by three–fifths of all the members elected to 31
each of the two Houses of the General Assembly, and shall take effect from the date it is 32 34 HOUSE BILL 1104
enacted. 1