EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0878*
SENATE BILL 878
G1 EMERGENCY BILL 3lr2533
CF HB 1104
By: Senator Sydnor
Introduced and read first time: February 8, 2023
Assigned to: Rules
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 SENATE BILL 878
SUBTITLE 1. DEFINITIONS AND GENERAL PROVISIONS. 1
15.5–101. 2
(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED UNLESS A DIFFERENT MEANING IS CLEARLY INTENDED FROM THE 4
CONTEXT. 5
(B) (1) “ALTERNATIVE METHOD OF ELECTION” MEANS A METHOD OF 6
ELECTING CANDIDATES TO THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT 7
OTHER THAN AN AT–LARGE METHOD OF ELECTION 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 ELECTION” MEANS A METHOD OF 13
ELECTING CANDIDATES TO THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT IN 14
WHICH THE CANDIDATES ARE VOTED ON BY ALL VOTERS OF THE LOCAL 15
GOVERNMENT . 16
(2) “AT–LARGE METHOD OF ELECTION” DOES NOT INCLUDE ANY 17
ALTERNATIVE METHOD OF 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 ELECTION” MEANS A METHOD OF 22
ELECTING CANDIDATES TO THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT IN 23
WHICH, FOR LOCAL GOVERNMENTS DIVIDED INTO DISTRICTS, A CANDIDATE FOR 24
ANY DISTRICT IS REQUIRED TO RESIDE IN THE DISTRICT AND CANDIDATES 25
REPRESENTING OR SEEKING TO REPRESENT THE DISTRICT ARE VOTED ON BY ONLY 26
THE VOTERS OF THE DISTRICT. 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 SENATE BILL 878 3
(2) FOR A CHARTER COUNTY, THE COUNTY COUNCIL; 1
(3) FOR A CODE HOME RULE COUNTY, THE COUNTY COMMISSIONERS ; 2
(4) FOR A COMMISSION COUNTY, THE COUNTY COMMISSIONERS ; 3
(5) FOR A MUNICIPALITY, THE REPRESENTATIVE BODY PROVIDED 4
UNDER THE MUNICIPAL CHARTER; AND 5
(6) FOR A COUNTY BOARD OF EDUCATION, THE ELECTED VOTING 6
MEMBERS OF THE COUNTY BOARD OF EDUCATION. 7
(I) “LOCAL GOVERNMENT ” MEANS: 8
(1) A MUNICIPALITY OR COUNTY, AS THOSE TERMS ARE DEFINED IN § 9
1–101 OF THE LOCAL GOVERNMENT ARTICLE; OR 10
(2) A COUNTY BOARD OF EDUCATION, AS DEFINED § 1–101 OF THE 11
EDUCATION ARTICLE. 12
(J) “PROTECTED CLASS” MEANS A CLASS OF CITIZENS WHO ARE MEMBERS 13
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS REFERENCED IN THE 14
FEDERAL VOTING RIGHTS ACT. 15
(K) “RACIALLY POLARIZED VOTING” MEANS VOTING IN WHICH THERE IS A 16
DIVERGENCE BETWEEN THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY 17
PROTECTED CLASS VOTERS AND THE CANDIDATE OR ELECTORAL CHOICE 18
PREFERRED BY OTHER VOTERS. 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 BALLOT; AND 23
(3) ANY OTHER ACTION REQUIRED BY LAW AS A PREREQUISITE TO 24
CASTING A BALLOT AND HAVING THE BALLOT COUNTED, CANVASSED, OR CERTIFIED 25
PROPERLY AND INCLUDED IN THE APPROPRIATE TOTALS OF VOTES CAST IN AN 26
ELECTION. 27
15.5–102. 28 4 SENATE BILL 878
(A) THE PROVISIONS OF THIS TITLE APPLY TO A MUNICIPALITY IN THE 1
STATE IN WHICH THE MUNICIPAL OR CHARTER ELECTIONS ARE REGULATED BY THE 2
PUBLIC LOCAL LAWS OF THE STATE OR THE CHARTER OF THE MUNICIPALITY. 3
(B) STATUTES, RULES AND REGULATIONS , AND LOCAL LAWS, TOWN 4
CHARTERS, OR ORDINANCES RELATED TO THE RIGHT TO VOTE 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 THEIR VOTES COUNTED; 9
AND 10
(3) ENSURING PROTECTED CLASS VOTERS EQUITABLE ACCESS TO 11
OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. 12
15.5–103. 13
IF ANY PROVISION OF THIS TITLE OR ITS APPLICATION TO ANY PERSON, LOCAL 14
GOVERNMENT , OR CIRCUMSTANCE IS HELD TO BE INVALID BY A COURT OF 15
COMPETENT JURISDICTION, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS 16
OR APPLICATIONS OF THIS TITLE THAT CAN BE GIVEN EFFECT WITHOUT THE 17
INVALID PROVISION OR APPLICATION, AND TO THIS END, THE PROVISIONS OF THIS 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 PROTECTED CLASS MEMBER S THROUGH ANY: 23
(1) QUALIFICATION FOR ELIGIBILITY TO BE A VOTER OR OTHER 24
PREREQUISITE TO VOTING; OR 25
(2) ORDINANCE, REGULATION , OR OTHER LAW REGARDING THE 26
ADMINISTRATION OF ELECTIONS, OR ANY STANDARD, PRACTICE, PROCEDURE , OR 27
POLICY. 28
(B) THE FOLLOWING ACTIONS BY A LOCAL GOVERNMENT SHALL 29
CONSTITUTE A VIOLATION OF SUBSECTION (A) OF THIS SECTION: 30 SENATE BILL 878 5
(1) IMPLEMENTATION OF A QUALIFICATION FOR ELIGIBILITY TO BE A 1
VOTER OR OTHER PREREQUISITE TO VOTING, OR AN ORDINANCE, REGULATION , OR 2
OTHER LAW REGARDING THE ADMINISTRATION OF ELECTIONS, OR ANY STANDARD, 3
PRACTICE, PROCEDURE , OR POLICY THAT: 4
(I) RESULTS OR WILL RESULT IN ANY DISPARITY OR 5
REDUCTION IN VOTER PARTICIPATION , ACCESS TO VOTING OPPORTUNITIES , OR 6
ABILITY TO PARTICIPATE IN THE POLITICAL PROCESS AMONG PROTECTED CLASS 7
MEMBERS IN A JURISDICTION; OR 8
(II) BASED ON THE TOTALITY OF THE CIRCUMSTANCES , 9
RESULTS IN ANY IMPAIRMENT OF THE OPPORTUNITY OR ABILITY OF PROTECTED 10
CLASS MEMBER S TO PARTICIPATE IN THE POLITICAL PROCESS AND ELECT 11
CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOME OF 12
ELECTIONS; OR 13
(2) ENACTMENT OF A QUALIFICATION FOR ELIGIBILITY TO BE A 14
VOTER OR OTHER PREREQUISITE TO VOTING, OR AN ORDINANCE, REGULATION , OR 15
OTHER LAW REGARDING THE ADMINISTRATION OF ELECTIONS, OR ANY STANDARD, 16
PRACTICE, PROCEDURE , OR POLICY THAT HAS THE PURPOSE OF, OR WILL HAVE THE 17
EFFECT OF, DIMINISHING THE ABILITY OF ANY PROTECTED CLASS VOTER TO 18
PARTICIPATE IN THE ELECTORAL PROCESS OR ELECT THE PREFERRED CANDIDATES 19
OF CHOICE OF THE PROTECTED CLASS VOTER. 20
15.5–202. 21
(A) A LOCAL GOVERNMENT MAY NOT EMPLOY ANY METHOD OF ELECTION 22
THAT HAS THE EFFECT, OR IS MOTIVATED IN PART BY THE INTENT, OF IMPAIRING 23
THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL 24
PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE 25
THE OUTCOME OF ELECTIONS, AS A RESULT OF DILUTING OR ABRIDGING THE VOTE 26
OF THE PROTECTED CLASS MEMBERS. 27
(B) IMPLEMENTATION OF THE FOLLOWING ELECTION METHODS BY A LOCAL 28
GOVERNMENT SHALL CONSTITUTE A VIOLATION OF SUBSECTION (A) OF THIS 29
SECTION: 30
(1) AN AT–LARGE METHOD OF ELECTION WHERE: 31
(I) RACIALLY POLARIZED VOTING BY PROTECTED CLASS 32
VOTERS OCCURS; OR 33
6 SENATE BILL 878
(II) BASED ON THE TOTALITY OF THE CIRCUMSTANCES , THE 1
OPPORTUNITY OR ABILITY OF PROTECTED CLASS VOTERS TO PARTICIPATE IN THE 2
POLITICAL PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE 3
INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; 4
(2) A DISTRICT–BASED METHOD OF ELECTION OR AN ALTERNATIVE 5
METHOD OF ELECTION WHERE THE CANDIDATES OR ELECTORAL CHOICES 6
PREFERRED BY PROTECTED CLASS MEMBERS WOULD USUALLY BE DEFEATED AND 7
WHERE: 8
(I) RACIALLY POLARIZED VOTING BY PROTECTED CLASS 9
VOTERS OCCURS; OR 10
(II) BASED ON THE TOTALITY OF THE CIRCUMSTANCES , THE 11
ABILITY OF THE VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS AND ELECT 12
CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOME OF 13
ELECTIONS IS IMPAIRED; OR 14
(3) ANY METHOD OF ELECTION THAT HAS THE PURPOSE OF, OR WILL 15
HAVE THE EFFECT OF, DIMINISHING THE ABILITY OF ANY PROTECTED CLASS VOTER 16
TO PARTICIPATE IN THE ELECTORAL PROCESS OR ELECT THE PREFERRED 17
CANDIDATES OF CHOICE OF THE PROTECTED CLASS VOTER. 18
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, TO 19
DETERMIN E WHETHER RACIALLY POLARIZED VOTING BY PROTECTED CLASS 20
VOTERS IN A LOCAL GOVERNMENT ELECTION OCCURS OR IF CANDIDATES OR 21
ELECTORAL CHOICES PREFERRED BY PROTECTED CLASS MEMBERS WOULD 22
USUALLY BE DEFEATED, THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY SHALL: 23
(I) CONSIDER ELECTIONS HELD BEFORE THE FILING OF AN 24
ACTION AS MORE PROBATIVE THAN ELECTIONS CONDUCTED AFTER THE FILING; 25
(II) CONSIDER EVIDENCE CONCERNING ELECTIONS FOR 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 CONCERNING ELECTIONS FOR OTHER OFFICES; 29
(III) CONSIDER STATISTICAL EVIDENCE AS MORE PROBATIVE 30
THAN NONSTATISTICAL EVIDENCE; AND 31
(IV) IN THE CASE OF CLAIMS BROUGHT ON BEHALF OF TWO OR 32
MORE PROTECTED CLASSES THAT ARE POLITICALLY COHESIVE WITHIN THE 33
ELECTION DISTRICT OF THE LOCAL GOVERNMENT , COMBINE VOTERS OF THE 34 SENATE BILL 878 7
PROTECTED CLASSES TO DETERMINE WHETHER VOTING BY MEMBERS OF THE 1
COMBINED PROTECTED CLASSES IS POLARIZED FROM OTHER VOTERS AND WITHOUT 2
REQUIRING EVIDENCE THAT EACH PROTECTED CLASS IS SEPARATELY POLARIZED 3
FROM OTHER VOTERS. 4
(2) IN DETERMINING WHETHER RACIALLY POLARIZED VOTING BY 5
PROTECTED CLASS VOTERS IN A LOCAL GOVERNMENT ELECTION OCCURS, THE 6
CIRCUIT COURT FOR ANNE ARUNDEL COUNTY MAY NOT: 7
(I) REQUIRE EVIDENCE CONCERNING THE INTENT OF VOTERS, 8
ELECTED OFFICIALS, OR THE LOCAL GOVERNMENT TO DISCRIMINATE AGAINST 9
PROTECTED CLASS VOTERS; 10
(II) REQUIRE EVIDENCE OF EXPLANATIONS FOR VOTING 11
PATTERNS AND ELECTION OUTCOMES TO PROVE THE EXISTENCE OF RACIALLY 12
POLARIZED VOTING, INCLUDING PARTISANSHIP ; 13
(III) CONSIDER EVIDENCE THAT SUBGROUPS OF PROTECTED 14
CLASS ELECTORS HAVE DIFFERENT VOTING PATTERNS; 15
(IV) CONSIDER EVIDENCE CONCERNING WHETHER PROTECTED 16
CLASS VOTERS ARE GEOGRAPHICALLY COMPACT OR CONCENTRATED , BUT MAY USE 17
THE EVIDENCE TO APPROPRIATELY REMEDY A VIOLATION UNDER THIS SECTION; OR 18
(V) CONSIDER EVIDENCE CONCERNING PROJECTED CHANGES 19
IN POPULATION OR DEMOGRAPHICS , BUT MAY USE THE EVIDENCE TO 20
APPROPRIATELY REMEDY A VIOLATION UNDER THIS SECTION. 21
15.5–203. 22
(A) (1) IN DETERMINING WHETHER, BASED ON THE TOTALITY OF THE 23
CIRCUMSTANCES , A DENIAL OR IMPAIRMENT OF THE RIGHT TO VOTE FOR ANY 24
PROTECTED CLASS HAS OCCURRED, OR THE OPPORTUNITY OR ABILITY OF 25
PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND 26
ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOME 27
OF ELECTIONS IS IMPAIRED, THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 28
MAY CONSIDER THE FOLLOWING FACTORS: 29
(I) THE HISTORY OF DISCRIMINATION IN OR AFFECTING THE 30
STATE OR LOCAL GOVERNMENT ; 31
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 32
EXTENT TO WHICH PROTECTED CLASS VOTERS HAVE BEEN ELECTED TO OFFICE IN 33 8 SENATE BILL 878
THE LOCAL GOVERNMENT ; 1
(III) THE USE OF ANY QUALIFICATION FOR ELIGIBILITY TO BE A 2
VOTER OR OTHER PREREQUISITE TO VOTING, OR ANY STATUTE, ORDINANCE, 3
REGULATION , OR OTHER LAW REGARDING THE ADMINISTRATION OF ELECTIONS, OR 4
ANY RELATED STANDARD, PRACTICE, PROCEDURE , OR POLICY BY THE LOCAL 5
GOVERNMENT THAT MAY ENHANCE THE DILUTIVE EFFECTS OF A METHOD OF 6
ELECTION IN THE LOCAL GOVERNMENT ; 7
(IV) THE DENIAL OF ACCESS OF PROTECTED CLASS VOTERS OR 8
CANDIDATES TO ELECTION ADMINISTRATION OR CAMPAIGN FINANCE PROCESSES 9
THAT DETERMINE WHICH CANDIDATES WILL RECEIVE ACCESS TO THE BALLOT OR 10
FINANCIAL OR OTHER SUPPORT IN A GIVEN ELECTION IN THE LOCAL GOVERNMENT ; 11
(V) THE EXTENT TO WHICH PROTECTED CLASS INDIVIDUALS IN 12
THE STATE OR THE LOCAL GOVERNMENT CONTRIBUTE MONEY TO POLITICAL 13
CAMPAIGNS OR POLITICAL CAUSES AT LOWER RATES THAN OTHER INDIVIDUALS IN 14
THE STATE OR THE LOCAL GOVERNMENT ; 15
(VI) THE EXTENT TO WHICH PROTECTED CLASS VOTERS IN THE 16
STATE OR THE LOCAL GOVERNMENT VOTE AT LOWER RATES THAN OTHER VOTERS 17
IN THE STATE OR THE LOCAL GOVERNMENT , AS APPLICABLE; 18
(VII) THE EXTENT TO WHICH PROTECTED CLASS INDIVIDUALS 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 INDIVIDUALS IN 24
THE LOCAL GOVERNMENT ARE DISADVANTAGED IN OTHER AREAS THAT MAY 25
HINDER THEIR ABILITY TO PARTICIPATE EFFECTIVELY IN THE POLITICAL PROCESS; 26
(IX) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN 27
POLITICAL CAMPAIGNS IN THE LOCAL GOVERNMENT OR SURROUNDING ADOPTION 28
OR MAINTENANCE OF THE CHALLENGED PRACTICE; 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 RESPONSIVENESS BY ELECTED OFFICIALS OF 33
THE LOCAL GOVERNMENT TO THE PARTICULARIZED NEEDS OF PROTECTED CLASS 34 SENATE BILL 878 9
INDIVIDUALS, INCLUDING A LACK OF CONCERN FOR, OR RESPONSIVENESS TO, THE 1
REQUESTS AND PROPOSALS OF THE GROUP, WITHOUT CONSIDERING COMPLIANCE 2
WITH A COURT ORDER AS EVIDENCE OF RESPONSIVENESS ON THE PART OF THE 3
JURISDICTION; 4
(XII) WHETHER THE PARTICULAR METHOD OF ELECTION, 5
ORDINANCE, REGULATION , OR OTHER LAW, OR RELATED STANDARD, PRACTICE, 6
PROCEDURE , OR POLICY WAS DESIGNED TO ADVANCE AND MATERIALLY ADVANCES 7
A VALID AND SUBSTANTIATED STATE INTEREST; AND 8
(XIII) OTHER FACTORS AS THE COURT MAY DETERMINE TO BE 9
RELEVANT. 10
(2) FOR THE PURPOSE OF CONSIDERING THE FACTOR LISTED 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 ABRIDGMENT . 14
(B) THE FACTORS THAT ARE RELEVANT TO A TOTALITY OF THE 15
CIRCUMSTANCES ANALYSIS FOR A CLAIM OF VOTE DENIAL OR IMPAIRMENT UNDER 16
SUBSECTION (A) OF THIS SECTION DO NOT INCLUDE THE FOLLOWING: 17
(1) THE NUMBER OF PROTECTED CLASS MEMBERS UNAFFECTED BY 18
THE CHALLENGED QUALIFICATION , PREREQUISITE , STANDARD, PRACTICE, OR 19
PROCEDURE ; 20
(2) THE DEGREE TO WHICH THE CHALLENGED QUALIFICATION , 21
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE HAS A LONG PEDIGREE OR 22
WAS IN WIDESPREAD USE AT SOME EARLIER DATE; 23
(3) THE USE OF AN IDENTICAL OR SIMILAR QUALIFICATION , 24
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IN OTHER STATES OR 25
JURISDICTIONS; 26
(4) THE AVAILABILITY OF OTHER FORMS OF VOTING UNIMPACTED BY 27
THE CHALLENGED QUALIFICATION , PREREQUISITE , STANDARD, PRACTICE, OR 28
PROCEDURE TO ALL MEMBERS OF THE ELECTORATE , INCLUDING MEMBERS OF THE 29
PROTECTED CLASS, UNLESS THE JURISDICTION IS SIMULTANEOUSLY EXPANDING 30
THE OTHER PRACTICES TO ELIMINATE ANY DISPROPORTIONATE BURDEN IMPOSED 31
BY THE CHALLENGED QUALIFICATION , PREREQUISITE , STANDARD, PRACTICE, OR 32
PROCEDURE ; AND 33
(5) UNSUBSTANTIATED DEFENSES THAT THE QUALIFICATION , 34 10 SENATE BILL 878
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IS NECESSARY TO ADDRESS 1
CRIMINAL ACTIVITY. 2
15.5–204. 3
(A) (1) THE FOLLOWING PERSONS MAY FILE AN ACTION UNDER THIS 4
SUBTITLE IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 5
(I) AN AGGRIEVED PERSON; 6
(II) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS 7
LIKELY TO INCLUDE AGGRIEVED PERSONS; 8
(III) AN ORGANIZATION WHOSE MISSION WOULD BE 9
FRUSTRATED BY A VIOLATION OF THIS SUBTITLE; 10
(IV) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN 11
ORDER TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SUBTITLE; 12
OR 13
(V) THE CIVIL RIGHTS DIVISION. 14
(2) MEMBERS OF TWO OR MORE PROTECTED CLASSES OF VOTERS 15
THAT ARE POLITICALLY COHESIVE IN A LOCAL GOVERNMENT MAY FILE AN ACTION 16
JOINTLY UNDER THIS SUBTITLE. 17
(B) (1) NOTWITHSTANDING ANY OTHER LAW, IF THE COURT FINDS A 18
VIOLATION OF THIS SUBTITLE, THE COURT SHALL ORDER APPROPRIATE REMEDIES 19
THAT ARE TAILORED TO ADDRESS THE VIOLATION IN THE LOCAL GOVERNMENT AND 20
ENSURE THAT PROTECTED CLASS VOTERS HAVE EQUITABLE ACCESS TO FULLY 21
PARTICIPATE IN THE ELECTORAL PROCESS, WHICH MAY INCLUDE: 22
(I) A DISTRICT–BASED METHOD OF ELECTION; 23
(II) AN ALTERNATIVE METHOD OF ELECTION, INCLUDING 24
PROPORTIONAL RANKED–CHOICE VOTING, CUMULATIVE VOTING, OR LIMITED 25
VOTING; 26
(III) NEW OR REVISED DISTRICTING PLANS; 27
(IV) ELIMINATION OF STAGGERED ELECTIONS SO THAT ALL 28
MEMBERS OF THE LEGISLATIVE BODY ARE ELECTED AT THE SAME TIME; 29
SENATE BILL 878 11
(V) REASONABLY INCREASING THE SIZE OF THE LEGISLATIVE 1
BODY; 2
(VI) ADDITIONAL VOTING HOURS OR DAYS; 3
(VII) ADDITIONAL POLLING LOCATIONS; 4
(VIII) ADDITIONAL MEANS OF VOTING, SUCH AS VOTING BY MAIL 5
OR ADDITIONAL OPPORTUNITIES TO RETURN BALLOTS; 6
(IX) ORDERING OF SPECIAL ELECTIONS; 7
(X) REQUIRING EXPANDED OPPORTUNITIES FOR THE 8
ADMISSION OF VOTERS; 9
(XI) REQUIRING ADDITIONAL VOTER EDUCATION; 10
(XII) THE RESTORATION OR ADDITION OF PERSONS TO A VOTER 11
REGISTRY; OR 12
(XIII) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, 13
RETAINING JURISDICTION FOR WHATEVER PERIOD OF TIME THE COURT MAY 14
DETERMINE IS APPROPRIATE . 15
(2) IF THE COURT RETAINS JURISDICTION UNDER PARAGRAPH 16
(1)(XIII) OF THIS SUBSECTION, DURING THE TIME THAT JURISDICTION IS RETAINED, 17
A VOTING QUALIFICATION OR PREREQUISITE TO VOTING OR STANDARD, PRACTICE, 18
OR PROCEDURE WITH RESPECT TO VOTING MAY NOT BE IMPOSED IF DOING SO 19
WOULD BE DIFFERENT FROM WHAT WAS IN EFFECT AT THE TIME THE PROCEEDING 20
WAS COMMENCED , UNLESS THE COURT FINDS THAT THE QUALIFICATION , 21
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE DOES NOT HAVE THE 22
PURPOSE AND WILL NOT HAVE THE EFFECT OF IMPAIRING OR DIMINISHING THE 23
RIGHT TO VOTE ON THE BASIS OF PROTECTED CLASS MEMBERSHIP . 24
(3) (I) THE COURT MAY TAKE ACTION OR ORDER A REMEDY UNDER 25
THIS SECTION ONLY IF THE ACTION OR REMEDY WILL NOT DIMINISH THE ABILITY OF 26
PROTECTED CLASS VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS AND 27
ELECT THEIR PREFERRED CANDIDATES OR OTHERWISE INFLUENCE THE OUTCOME 28
OF ELECTIONS. 29
(II) THE COURT SHALL CONSIDER REMEDIES PROPOSED BY 30
ANY PARTIES TO AN ACTION FILED UNDER THIS SECTION. 31
12 SENATE BILL 878
(III) THE COURT MAY NOT GIVE DEFERENCE OR PRIORITY TO A 1
PROPOSED REMEDY BECAUSE IT IS THE REMEDY PROPOSED BY THE LOCAL 2
GOVERNMENT . 3
(IV) THE COURT SHALL HAVE THE POWER TO REQUIRE A LOCAL 4
GOVERNMENT TO IMPLEMENT REMEDIES THAT ARE INCONSISTENT WITH ANY 5
OTHER PROVISION OF STATE OR LOCAL LAW WHERE THE INCONSISTENT PROVISION 6
OF LAW WOULD OTHERWISE PRECLUDE THE COURT FROM ORDERING AN 7
APPROPRIATE REMEDY IN THE MATTER. 8
15.5–205. 9
(A) (1) A PROPOSAL BY A LOCAL GOVERNMENT TO ENACT AND 10
IMPLEMENT THE FOLLOWING SHALL BE SUBJECT TO PARAGRAPH (2) OF THIS 11
SUBSECTION: 12
(I) A NEW METHOD OF ELECTION TO REPLACE THE AT–LARGE 13
METHOD OF ELECTION OF THE LOCAL GOVERNMENT WITH EITHER A 14
DISTRICT–BASED OR AN ALTERNATIVE METHOD OF ELECTION; OR 15
(II) A NEW DISTRICTING PLAN, IF A PROPOSAL WAS MADE AFTER 16
THE RECEIPT OF A NOTIFICATION LETTER DESCRIBED IN SUBSECTION (B) OF THIS 17
SECTION OR AFTER THE FILING OF A CLAIM UNDER THIS SUBTITLE OR THE FEDERAL 18
VOTING RIGHTS ACT. 19
(2) (I) 1. BEFORE DRAWING A DRAFT DISTRICTING PLAN OR 20
PLANS OF SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION, THE 21
LOCAL GOVERNMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, WITHIN 30 22
DAYS OF EACH OTHER, AT WHICH MEMBERS OF THE PUBLIC MAY PROVIDE INPUT 23
REGARDING THE PROPOSED REMEDY, INCLUDING, IF APPLICABLE, THE 24
COMPOSITION OF ELECTION DISTRICTS. 25
2. IN ADVANCE OF THE HEARINGS REQUIRED UNDER 26
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH , THE LOCAL GOVERNMENT SHALL 27
CONDUCT OUTREACH TO MEMBERS OF THE PUBLIC, INCLUDING TO LANGUAGE 28
MINORITY GROUPS, TO EXPLAIN THE DISTRICTING PROCESS OR PROCESS OF 29
SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION. 30
(II) 1. AFTER DRAFT DISTRICTING PLANS ARE DRAWN OR 31
PLANS OF SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION ARE 32
ESTABLISHED, THE LOCAL GOVERNMENT SHALL PUBLISH AND MAKE AVAILABLE 33
FOR PUBLIC DISSEMINATION AT LEAST ONE PLAN AND AN EXPLANATION OF THE 34
POTENTIAL SEQUENCE OF ELECTIONS IN THE EVENT THE MEMBERS OF THE 35 SENATE BILL 878 13
LEGISLATIVE BODY OF THE LOCAL GOVERNMENT WOULD BE ELECTED FOR 1
STAGGERED TERMS UNDER 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 PROVIDE INPUT REGARDING THE CONTENT OF THE PLAN OR PLANS 5
AND, IF APPLICABLE, THE POTENTIAL SEQUENCE OF ELECTIONS. 6
3. THE PLAN OR PLANS SHALL BE PUBLISHED AT LEAST 7
7 DAYS BEFORE CONSIDERATION AT EACH OF THE PUBLIC HEARINGS. 8
4. IF THE PLAN OR PLANS ARE REVISED AT OR 9
FOLLOWING ANY HEARING, THE LOCAL GOVERNMENT SHALL PUBLISH AND MAKE 10
AVAILABLE FOR PUBLIC DISSEMINATION THE REVISED PLAN OR PLANS AT LEAST 7 11
DAYS BEFORE ANY ADOPTION OF THE REVISED PLAN OR PLANS. 12
(III) IN DETERMINING THE SEQUENCE OF ELECTIONS IN THE 13
EVENT THE MEMBERS OF THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT WOULD 14
BE ELECTED FOR STAGGERED TERMS UNDER A DISTRICTING PLAN OR PLANS OF 15
SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION, THE LEGISLATIVE 16
BODY SHALL GIVE SPECIAL CONSIDERATION TO THE PURPOSES OF THIS TITLE AND 17
TAKE INTO ACCOUNT THE PREFERENCES EXPRESSED BY VOTERS IN THE DISTRICTS. 18
(B) (1) BEFORE FILING AN ACTION AGAINST A LOCAL GOVERNMENT 19
UNDER THIS SECTION, A PARTY DESCRIBED IN § 15.5–204 OF THIS SUBTITLE SHALL 20
SEND BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED , A NOTIFICATION LETTER 21
TO THE CHIEF CLERK OF THE LOCAL GOVERNMENT ASSERTING THAT THE LOCAL 22
GOVERNMENT MAY BE IN VIOLATION OF THE PROVISIONS OF THIS TITLE. 23
(2) (I) THE PARTY MAY NOT FILE AN ACTION UNDER THIS SECTION 24
WITHIN 50 DAYS AFTER SENDING A NOTIFICATION LETTER TO THE LOCAL 25
GOVERNMENT . 26
(II) WITHIN 60 DAYS AFTER A NOTIFICATION LETTER IS SENT TO 27
A LOCAL GOVERNMENT UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE 28
LEGISLATIVE BODY OF THE LOCAL GOVERNMENT MAY PASS A RESOLUTION: 29
1. AFFIRMING THE LOCAL GOVERNMENT ’S INTENTION 30
TO ENACT AND IMPLEMENT A REMEDY FOR A POTENTIAL VIOLATION OF THE 31
PROVISIONS OF THIS TITLE; 32
2. ESTABLISHING SPECIFIC MEASURES THAT THE LOCAL 33
GOVERNMENT WILL TAKE TO FACILITATE APPROVAL AND IMPLEMENTATION OF A 34 14 SENATE BILL 878
REMEDY; AND 1
3. PROVIDING A SCHEDULE FOR THE ENACTMENT AND 2
IMPLEMENTATION OF THE REMEDY. 3
(3) A PARTY DESCRIBED UNDER § 15.5–204 OF THIS SUBTITLE MAY 4
NOT FILE AN ACTION UNDER THIS SUBSECTION UNTIL 90 DAYS AFTER THE PASSAGE 5
OF ANY RESOLUTION BY THE LEGISLATIVE BODY UNDER PARAGRAPH (2) OF THIS 6
SUBSECTION. 7
(4) IF, UNDER THE LAWS OF THIS STATE OR ANY CODE HOME RULE OR 8
CHARTER COUNTY ORDINANCE, THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT 9
LACKS AUTHORITY TO ENACT OR IMPLEMENT A REMEDY IDENTIFIED IN A 10
RESOLUTION UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION WITHIN 90 DAYS 11
AFTER THE PASSAGE OF THE RESOLUTION, THE LOCAL GOVERNMENT SHALL: 12
(I) HOLD AT LEAST ONE PUBLIC HEARING ON A PROPOSAL TO 13
REMEDY A POTENTIAL VIOLATION OF THE PROVISIONS OF THIS TITLE, AT WHICH 14
MEMBERS OF THE PUBLIC MAY PROVIDE INPUT REGARDING PROPOSED REMEDIES; 15
AND 16
(II) IN ADVANCE OF THE HEARING UNDER ITEM (I) OF THIS 17
PARAGRAPH , CONDUCT OUTREACH TO MEMBERS OF THE PUBLIC, INCLUDING TO 18
LANGUAGE MINORITY COMMUNITIES , TO ENCOURAGE INPUT. 19
(5) (I) THE LEGISLATIVE BODY OF THE LOCAL GOVERNMENT MAY 20
APPROVE A PROPOSED REMEDY UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION 21
THAT COMPLIES WITH THE PROVISIONS OF THIS TITLE AND SHALL SUBMIT THE 22
PROPOSED REMEDY TO THE CIVIL RIGHTS DIVISION. 23
(II) THE CIVIL RIGHTS DIVISION SHALL, NOT LATER THAN 60 24
DAYS AFTER SUBMISSION OF A PROPOSED REMEDY BY A LOCAL GOVERNMENT , 25
APPROVE THE PROPOSED REMEDY IF THE ATTORNEY GENERAL CONCLUDES THAT: 26
1. THE LOCAL GOVERNMENT MAY BE IN VIOLATION OF 27
THE PROVISIONS OF THIS TITLE; 28
2. THE PROPOSED REMEDY WOULD ADDRESS A 29
POTENTIAL VIOLATION; 30
3. THE PROPOSED REMEDY WILL NOT DIMINISH THE 31
ABILITY OF PROTECTED CLASS VOTERS TO PARTICIPATE IN THE POLITICAL 32
PROCESS AND ELECT THEIR PREFERRED CANDIDATES TO OFFICE; AND 33 SENATE BILL 878 15
4. IMPLEMENTATION OF THE 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 OR 8
IMPLEMENTED ; 9
2. THE CIVIL RIGHTS DIVISION SHALL SPECIFY THE 10
OBJECTIONS TO THE PROPOSED REMEDY AND EXPLAIN THE BASIS FOR THE DENIAL; 11
AND 12
3. THE CIVIL RIGHTS DIVISION MAY RECOMMEND 13
ANOTHER PROPOSED REMEDY THAT THE ATTORNEY GENERAL WOULD APPROVE. 14
(V) IF THE CIVIL RIGHTS DIVISION DOES NOT APPROVE THE 15
PROPOSED REMEDY WITHIN 60 DAYS AFTER THE SUBMISSION OF THE PROPOSED 16
REMEDY BY THE LOCAL GOVERNMENT , THE PROPOSED REMEDY MAY NOT BE 17
ENACTED OR IMPLEMENTED . 18
(6) (I) A LOCAL GOVERNMENT THAT HAS PASSED A RESOLUTION 19
UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION MAY ENTER INTO AN AGREEMENT 20
WITH A PARTY THAT SENT A NOTIFICATION LETTER UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION PROVIDING THAT THE PARTY MAY NOT 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 AGREEMENT , THE 24
AGREEMENT SHALL REQUIRE THAT THE LOCAL GOVERNMENT EITHER ENACT AND 25
IMPLEMENT A REMEDY THAT COMPLIES WITH THE PROVISIONS OF THIS TITLE OR 26
ENACT AND SUBMIT A REMEDY TO THE CIVIL RIGHTS DIVISION. 27
(III) IF A PARTY DECLINES TO ENTER INTO AN AGREEMENT , THE 28
PARTY MAY FILE AN ACTION UNDER THIS SUBTITLE AT ANY TIME. 29
15.5–206. 30
(A) (1) IF A LOCAL GOVERNMENT ENACTS OR IMPLEMENTS A REMEDY OR 31 16 SENATE BILL 878
THE CIVIL RIGHTS DIVISION APPROVES A PROPOSED REMEDY UNDER § 15.5–205 OF 1
THIS SUBTITLE, WITHIN 30 DAYS AFTER THE ENACTMENT , IMPLEMENTATION , OR 2
APPROVAL, A PARTY WHO SENT A NOTIFICATION LETTER UNDER § 15.5–205(B)(1) 3
OF THIS SUBTITLE MAY SUBMIT A CLAIM FOR REIMBURSEMENT FROM THE LOCAL 4
GOVERNMENT FOR THE COSTS ASSOCIATED WITH PRODUCING AND SENDING THE 5
NOTIFICATION LETTER. 6
(2) THE PARTY SHALL SUBMIT A CLAIM IN WRITING AND 7
SUBSTANTIATE THE CLAIM WITH FINANCIAL DOCUMENTATION , INCLUDING A 8
DETAILED INVOICE FOR ANY DEMOGRAPHY SERVICES OR ANALYSIS OF VOTING 9
PATTERNS IN THE LOCAL GOVERNMENT . 10
(3) ON RECEIPT OF A CLAIM, THE LOCAL GOVERNMENT MAY REQUEST 11
ADDITIONAL FINANCIAL DOCUMENTATION IF WHAT HAS BEEN PROVIDED BY THE 12
PARTY IS INSUFFICIENT TO SUBSTANTIATE THE COSTS. 13
(4) (I) 1. SUBJECT TO SUBPARAGRAPH (II) OF THIS 14
PARAGRAPH , THE LOCAL GOVERNMENT SHALL REIMBURSE THE PARTY FOR 15
REASONABLE COSTS CLAIMED OR FOR AN AMOUNT 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 FAIL TO 20
AGREE TO A REIMBURSEMENT AMOUNT, EITHER THE PARTY OR THE LOCAL 21
GOVERNMENT MAY FILE AN ACTION FOR A DECLARATORY JUDGMENT WITH THE 22
CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. 23
(B) (1) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, A 24
PARTY DESCRIBED IN § 15.5–204(A)(1) OF THIS SUBTITLE MAY SEEK PRELIMINARY 25
RELIEF FOR AN ELECTION HELD IN A LOCAL GOVERNMENT BY FILING AN ACTION 26
UNDER THIS SECTION WITHIN 120 DAYS BEFORE THE ELECTION. 27
(2) THE PARTY SHALL SEND A NOTIFICATION LETTER UNDER § 28
15.5–205(B)(1) OF THIS SUBTITLE TO THE LOCAL GOVERNMENT . 29
(3) IF ANY ACTION IS WITHDRAWN OR DISMISSED BY THE COURT AS 30
BEING MOOT AS A RESULT OF THE LOCAL GOVERNMENT ’S ENACTMENT OR 31
IMPLEMENTATION OF A REMEDY OR THE APPROVAL BY THE CIVIL RIGHTS DIVISION 32
OF A PROPOSED REMEDY, A PARTY MAY ONLY SUBMIT A CLAIM FOR 33
REIMBURSEMENT OF COSTS UNDER SUBSECTION (A) OF THIS SECTION. 34
SENATE BILL 878 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 THE RELIEF IF THE COURT 3
DETERMINES THAT: 4
(I) THE PARTY IS MORE LIKELY THAN NOT TO SUCCEED ON THE 5
MERITS; AND 6
(II) IT IS POSSIBLE TO IMPLEMENT AN APPROPRIATE REMEDY 7
THAT WOULD RESOLVE THE VIOLATION ALLEGED UNDER THIS SECTION BEFORE THE 8
ELECTION. 9
SUBTITLE 3. LANGUAGE ASSISTANCE. 10
15.5–301. 11
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE STATE BOARD 12
SHALL DESIGNATE ONE OR MORE LANGUAGES OTHER THAN ENGLISH FOR WHICH 13
THERE IS A SIGNIFICANT AND SUBSTANTIAL NEED FOR LANGUAGE–RELATED 14
ASSISTANCE IN A LOCAL GOVERNMENT ELECTION. 15
(B) THE STATE BOARD SHALL DETERMINE THAT A SIGNIFICANT AND 16
SUBSTANTIAL NEED FOR LANGUAGE–RELATED ASSISTANCE EXISTS IN A LOCAL 17
GOVERNMENT ELECTION IF, BASED ON THE BEST AVAILABLE DATA, INCLUDING 18
INFORMATION FROM THE U.S. CENSUS BUREAU’S AMERICAN COMMUNITY SURVEY 19
OR DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE: 20
(1) MORE THAN 2%, BUT IN NO INSTANCE FEWER THAN 100 21
INDIVIDUALS, OF THE VOTING AGE POPULATION OF THE LOCAL GOVERNMENT : 22
(I) SPEAK A PARTICULAR LANGUAGE OTHER THAN ENGLISH; 23
(II) DOES NOT SPEAK ENGLISH AS THEIR PRIMARY LANGUAGE; 24
AND 25
(III) SPEAKS, READS, OR UNDERSTAND S THE ENGLISH 26
LANGUAGE LESS THAN “VERY WELL”, AS REPORTED IN AVAILABLE U.S. CENSUS 27
BUREAU DATA OR DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC 28
OFFICE; OR 29
(2) MORE THAN 4,000 INDIVIDUALS OF THE VOTING AGE POPULATION 30
OF THE LOCAL GOVERNMENT SPEAK A PARTICULAR LANGUAGE OTHER THAN 31
ENGLISH AND ARE LIMITED ENGLISH PROFICIENT. 32 18 SENATE BILL 878
15.5–302. 1
(A) ON OR BEFORE JANUARY 1, 2024, AND EVERY 3 YEARS THEREAFTER , 2
THE STATE BOARD SHALL PUBLISH AND MAINTAIN ON ITS WEBSITE A LIST OF: 3
(1) EACH LOCAL GOVERNMENT ELECTION THAT REQUIRES 4
LANGUAGE–RELATED ASSISTANCE IN A LANGUAGE OTHER THAN ENGLISH; AND 5
(2) THE TYPE OF LANGUAGE–RELATED ASSISTANCE THAT IS 6
REQUIRED TO BE PROVIDED IN THE LOCAL GOVERNMENT ELECTION. 7
(B) THE STATE BOARD SHALL DISTRIBUTE THIS LIST TO EACH LOCAL 8
GOVERNMENT IN TIME TO ALLOW LOCAL GOVERNMENTS TO PROVIDE 9
LANGUAGE–RELATED ASSISTANCE UNDER § 15.5–303 OF THIS SUBTITLE. 10
15.5–303. 11
(A) A LOCAL GOVERNMENT THAT ADMINISTERS ELECTIONS SHALL 12
PROVIDE LANGUAGE–RELATED ASSISTANCE AND MATERIALS IN VOTING AND 13
ELECTIONS TO LIMITED ENGLISH PROFICIENT VOTERS IN EACH LANGUAGE 14
DESIGNATED BY THE STATE BOARD UNDER § 15.5–301 OF THIS SUBTITLE FOR THE 15
LOCAL GOVERNMENT ELECTION. 16
(B) WHENEVER THE STATE BOARD DETERMINES THAT 17
LANGUAGE–RELATED ASSISTANCE SHALL BE PROVIDED IN A LOCAL GOVERNMENT 18
ELECTION UNDER THIS SECTION, THE LOCAL GOVERNMENT RESPONSIBLE FOR 19
ADMINISTERING THE ELECTION SHALL PROVIDE COMPETENT ASSISTANCE AND 20
PHYSICAL AND ONLINE VOTING MATERIALS IN EACH DESIGNATED LANGUAGE 21
UNDER § 15.5–301 OF THIS SUBTITLE. 22
(C) (1) FOR EACH DESIGNATED LANGUAGE UNDER § 15.5–301 OF THIS 23
SUBTITLE, THE LANGUAGE–RELATED ASSISTANCE AND MATERIALS SHALL INCLUDE: 24
(I) REGISTRATION AND VOTING NOTICES; 25
(II) ELECTION–RELATED FORMS AND INSTRUCTIONS ; AND 26
(III) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 27
SUBSECTION, BALLOTS AND OTHER MATERIALS OR INFORMATION RELATING TO THE 28
ELECTORAL PROCESS. 29
(2) IN THE CASE OF A LANGUAGE THAT IS ORAL OR UNWRITTEN, THE 30 SENATE BILL 878 19
LOCAL GOVERNMENT MAY PROVIDE ONLY ORAL INSTRUCTIONS , ASSISTANCE, OR 1
OTHER INFORMATION RELATING TO THE ELECTORAL PROCESS IN THE APPLICABLE 2
LANGUAGE. 3
(D) (1) MATERIALS PROVIDED IN A DESIGNATED LANGUAGE SHALL BE OF 4
AN EQUAL QUALITY TO THE CORRESPONDING ENGLISH LANGUAGE MATERIALS. 5
(2) ALL TRANSLATIONS SHALL CONVEY THE INTENT AND ESSENTIAL 6
MEANING OF THE ORIGINAL TEXT OR COMMUNICATION AND MAY NOT SOLELY RELY 7
ON AUTOMATIC ELECTRONIC TRANSLATION SERVICES. 8
(3) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, 9
LANGUAGE–RELATED ASSISTANCE SHALL INCLUDE THE PRESENCE OF BILINGUAL 10
POLL WORKERS WHERE AVAILABLE. 11
15.5–304. 12
(A) THE STATE BOARD SHALL ADOPT REGULATIONS THAT ESTABLISH A 13
REVIEW PROCESS TO DETERMINE WHETHER A SIGNIFICANT AND SUBSTANTIAL 14
NEED EXISTS FOR A LANGUAGE TO BE DESIGNATED UNDER § 15.5–301 OF THIS 15
SUBTITLE. 16
(B) THE PROCESS ESTABLISHED BY THE STATE BOARD UNDER SUBSECTION 17
(A) OF THIS SECTION SHALL INCLUDE, AT MINIMUM: 18
(1) AN OPPORTUNITY FOR A VOTER OR GROUP OF VOTERS TO 19
REQUEST THAT THE STATE BOARD CONSIDER DESIGNATING A LANGUAGE UNDER § 20
15.5–301 OF THIS SUBTITLE; AND 21
(2) AN OPPORTUNITY FOR PUBLIC COMMENT. 22
(C) ON RECEIPT OF A REQUEST AND CONSIDERATION OF ANY PUBLIC 23
COMMENT, THE STATE BOARD SHALL DESIGNATE ANY LANGUAGE FOR WHICH IT 24
DETERMINES THE CRITERIA FOR DESIGNATION ARE MET. 25
15.5–305. 26
(A) THE FOLLOWING PERSONS MAY FILE AN ACTION UNDER THIS SECTION 27
IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 28
(1) AN AGGRIEVED PERSON; 29
(2) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS LIKELY 30 20 SENATE BILL 878
TO INCLUDE AGGRIEVED PERSONS; 1
(3) AN ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED BY A 2
VIOLATION OF THIS SECTION; 3
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN ORDER 4
TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SECTION; OR 5
(5) THE STATE BOARD. 6
(B) (1) IN THE CASE OF ANY LOCAL GOVERNMENT THAT SEEKS TO 7
PROVIDE ONLY ENGLISH LANGUAGE MATERIALS DESPITE A DETERMINATION BY 8
THE STATE BOARD THAT THE LOCAL GOVERNMENT IS REQUIRED TO PROVIDE 9
LANGUAGE–RELATED ASSISTANCE UNDER THIS SUBTITLE, THE LOCAL 10
GOVERNMENT MAY FILE AN ACTION AGAINST THE STATE BOARD IN THE CIRCUIT 11
COURT FOR ANNE ARUNDEL COUNTY SEEKING A DECLARATORY JUDGMENT 12
ALLOWING THE LOCAL GOVERNMENT TO PROVIDE ONLY ENGLISH LANGUAGE 13
MATERIALS. 14
(2) THE COURT SHALL ENTER THE DECLARATORY JUDGMENT IN 15
FAVOR OF THE LOCAL GOVERNMENT ONLY IF THE COURT FINDS THAT THE 16
DETERMINATION BY THE STATE BOARD WAS ARBITRARY AND 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 GOVERNMENT : 23
(I) THAT, WITHIN THE IMMEDIATELY PRECEDING 25 YEARS, 24
HAS BECOME SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT 25
ACTION BASED ON A FINDING 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 IMMEDIATELY PRECEDING 25 YEARS, 30
HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR GOVERNMENT 31
ENFORCEMENT ACTIONS BASED ON A FINDING OF A VIOLATION OF A FEDERAL OR 32 SENATE BILL 878 21
STATE CIVIL RIGHTS LAW OR THE 14TH AMENDMENT TO THE U.S. CONSTITUTION 1
CONCERNING DISCRIMINATION AGAINST MEMBERS OF A PROTECTED CLASS; 2
(III) WHERE THE COMBINED MISDEMEANOR AND FELONY 3
ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS CONSISTING OF AT LEAST 4
10,000 CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT LEAST 10% OF 5
THE CITIZEN VOTING AGE POPULATION OF THE LOCAL GOVERNMENT , EXCEEDS THE 6
PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITIZEN VOTING 7
AGE POPULATION OF THE LOCAL GOVERNMENT AS A WHOLE BY AT LEAST 20% AT 8
ANY POINT WITHIN THE IMMEDIATELY PRECEDING 10 YEARS; OR 9
(IV) WHERE, BASED ON DATA MADE AVAILABLE BY THE U.S. 10
BUREAU OF THE CENSUS, THE DISSIMILARITY INDEX OF ANY PROTECTED CLASS 11
THAT CONSISTS OF AT LEAST 25,000 CITIZENS OF VOTING AGE FOR THE LOCAL 12
GOVERNMENT OR WHOSE MEMBERS COMPRISE AT LEAST 10% OF THE VOTING AGE 13
POPULATION OF THE LOCAL GOVERNMENT , HAS BEEN IN EXCESS OF 50 WITH 14
RESPECT TO THE RACE, COLOR, OR LANGUAGE MINORITY GROUP THAT COMPRISES 15
A MAJORITY WITHIN THE LOCAL GOVERNMENT AT ANY POINT DURING THE 16
IMMEDIATELY PRECEDING 10 YEARS. 17
(2) “COVERED JURISDICTION” INCLUDES A LOCAL BOARD OF A 18
COUNTY THAT IS A COVERED JURISDICTION. 19
(C) “COVERED POLICY” INCLUDES A NEW OR MODIFIED LOCAL 20
GOVERNMENT QUALIFICATION FOR ADMISSION AS A VOTER, PREREQUISITE TO 21
VOTING, OR ANY OF THE FOLLOWING ORDINANCE S, REGULATION S, STANDARD S, 22
PRACTICES, PROCEDURE S, OR POLICIES CONCERNING : 23
(1) A CHANGE TO THE METHOD OF ELECTION OR DATES OF ELECTION 24
OF MEMBERS OF A GOVERNING BODY OR AN ELECTED SCHOOL BOARD; 25
(2) A CHANGE TO THE BOUNDARIES OF ELECTION DISTRICTS OR 26
WARDS IN THE LOCAL GOVERNMENT , INCLUDING CHANGES MADE UNDER A 27
DECENNIAL REDISTRICTING 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 LOCAL GOVERNMENT ; 32
(5) A CHANGE TO THE PROCESS OF REMOVAL OF INDIVIDUALS FROM 33
VOTER REGISTRATION LISTS AND OTHER ACTIVITIES CONCERNING THE 34 22 SENATE BILL 878
CANCELLATION OR DENIAL OF VOTER REGISTRATION ; 1
(6) A CHANGE TO THE ASSIGNMENT OF A VOTING PRECINCT, POLLING 2
PLACE, OR DROP BOX LOCATION, INCLUDING THE RELOCATION OF VOTERS 3
ASSIGNED TO POLLING PLACES, THE RELOCATION OR REDUCTION OF HOURS OF ANY 4
POLLING PLACE OR BALLOT DROP BOX, OR THE REDUCTION OR CONSOLIDATION OF 5
THE NUMBER OF POLLING PLACES OR BALLOT DROP BOXES; 6
(7) A CHANGE TO THE PROVISION OF TRANSLATION OR 7
INTERPRETATION SERVICES TO VOTERS IN ANY LANGUAGE OTHER THAN ENGLISH, 8
INCLUDING THE CREATION OR DISTRIBUTION OF VOTING MATERIALS IN ANY 9
LANGUAGE OTHER THAN ENGLISH; 10
(8) A CHANGE TO THE PROVISION OF ASSISTANCE TO VOTERS WITH 11
DISABILITIES, INCLUDING THE CREATION OR DISTRIBUTION OF VOTING MATERIALS 12
FOR VOTERS WITH DISABILITIES; OR 13
(9) ANY ADDITIONAL SUBJECT MATTER THAT THE STATE BOARD, IN 14
CONSULTATION WITH THE CIVIL RIGHTS DIVISION, MAY IDENTIFY FOR INCLUSION 15
BY REGULATION IF THE CIVIL RIGHTS DIVISION DETERMINES THAT ANY 16
QUALIFICATION FOR ADMISSION AS A VOTER, PREREQUISITE TO VOTING, OR ANY 17
ORDINANCE, REGULATION , STANDARD, PRACTICE, PROCEDURE , OR POLICY 18
CONCERNING THE SUBJECT MATTER MAY HAVE THE EFFECT OF IMPAIRING OR 19
DIMINISHING THE RIGHT TO VOTE OF ANY PROTECTED CLASS VOTER. 20
(D) “GOVERNMENT ENFORCEMENT ACTION” MEANS A DENIAL OF 21
ADMINISTRATIVE OR JUDICIAL PRECLEARANCE BY THE STATE OR FEDERAL 22
GOVERNMENT , PENDING LITIGATION FILED BY A FEDERAL OR STATE ENTITY, A 23
FINAL JUDGMENT OR ADJUDICATION , A CONSENT DECREE, OR A SIMILAR FORMAL 24
ACTION. 25
(E) “PRECLEARANCE ” MEANS THE REQUIREMENT THAT A LOCAL 26
GOVERNMENT SUBMIT THE 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 OR DENIAL. 29
15.5–402. 30
THE ENACTMENT OR IMPLEMENTATION OF A COVERED POLICY BY A COVERED 31
JURISDICTION IS SUBJECT TO PRECLEARANCE BY: 32
(1) THE CIVIL RIGHTS DIVISION, UNDER § 15.5–404 OF THIS 33
SUBTITLE; OR 34 SENATE BILL 878 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 SUBMISSION OF A 4
COVERED POLICY FOR PRECLEARANCE , THE CIVIL RIGHTS DIVISION SHALL 5
PUBLISH THE SUBMISSION ON ITS WEBSITE AS SOON AS PRACTICABLE , BUT NOT 6
LATER THAN 10 DAYS AFTER RECEIPT OF THE SUBMISSION. 7
(B) (1) AFTER THE PUBLICATION OF A SUBMISSION UNDER SUBSECTION 8
(A) OF THIS SECTION, THERE SHALL BE AN OPPORTUNITY FOR MEMBERS OF THE 9
PUBLIC TO COMMENT AND PROVIDE FEEDBACK ON THE SUBMISSION TO THE CIVIL 10
RIGHTS DIVISION WITHIN THE TIME PERIODS UNDER § 15.5–405 OF THIS SUBTITLE. 11
(2) TO FACILITATE PUBLIC COMMENT, THE CIVIL RIGHTS DIVISION 12
SHALL PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SIGN UP TO 13
RECEIVE NOTIFICATIONS OR ALERTS REGARDING THE SUBMISSION OF A COVERED 14
POLICY FOR PRECLEARANCE . 15
(C) THE CIVIL RIGHTS DIVISION SHALL PUBLICLY 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 PRECLEARANCE UNDER § 15.5–403 OF THIS SUBTITLE. 20
(2) THE CIVIL RIGHTS DIVISION SHALL REVIEW THE PUBLIC 21
COMMENT SUBMITTED WITH THE SUBMISSION OF A COVERED POLICY FOR 22
PRECLEARANCE . 23
(B) (1) FOLLOWING THE REVIEW REQUIRED UNDER SUBSECTION (A) OF 24
THIS SECTION, THE CIVIL RIGHTS DIVISION SHALL PROVIDE A REPORT AND 25
DETERMINATION AS TO WHETHER PRECLEARANCE FOR A COVERED POLICY SHOULD 26
BE APPROVED OR DENIED. 27
(2) THE DETERMINATION UNDER PARAGRAPH (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 JURISDICTION SHALL BEAR THE BURDEN OF 31 24 SENATE BILL 878
PROOF IN ANY PRECLEARANCE DETERMINATION . 1
(2) THE CIVIL RIGHTS DIVISION MAY REQUEST ADDITIONAL 2
INFORMATION FROM THE COVERED JURISDICTION AT ANY TIME DURING ITS REVIEW 3
TO AID IN DEVELOPING ITS REPORT AND RECOMMENDATION . 4
(3) THE FAILURE OF A COVERED JURISDICTION TO TIMELY COMPLY 5
WITH REASONABLE REQUESTS FOR MORE INFORMATION MAY BE GROUNDS FOR THE 6
DENIAL OF PRECLEARANCE . 7
(D) (1) IN ANY PRECLEARANCE DETERMINATION , THE CIVIL RIGHTS 8
DIVISION SHALL IDENTIFY, IN WRITING, WHETHER IT IS APPROVING OR REJECTING 9
THE COVERED POLICY. 10
(2) (I) THE CIVIL RIGHTS DIVISION MAY, IN ITS DISCRETION, 11
DESIGNATE PRECLEARANCE AS PRELIMINARY . 12
(II) IF THE CIVIL RIGHTS DIVISION DESIGNATES 13
PRECLEARANCE AS PRELIMINARY , THE CIVIL RIGHTS DIVISION MAY DENY 14
PRECLEARANCE WITHIN 60 DAYS FOLLOWING THE RECEIPT OF SUBMISSION OF THE 15
COVERED POLICY. 16
(E) THE CIVIL RIGHTS DIVISION MAY DENY PRECLEARANCE ONLY IF IT 17
DETERMINES THAT THE COVERED POLICY IS MORE LIKELY THAN NOT TO DIMINISH 18
THE OPPORTUNITY OR ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN 19
THE POLITICAL PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE 20
INFLUENCE THE OUTCOME OF ELECTIONS, OR THAT THE COVERED POLICY IS MORE 21
LIKELY THAN NOT TO VIOLATE THIS TITLE. 22
(F) (1) IF THE CIVIL RIGHTS DIVISION GRANTS PRECLEARANCE , THE 23
APPLICABLE COVERED JURISDICTION MAY ENACT OR IMPLEMENT THE COVERED 24
POLICY. 25
(2) IF THE CIVIL RIGHTS DIVISION DENIES PRECLEARANCE , THE 26
DIVISION SHALL INCLUDE ITS OBJECTIONS AND EXPLAIN ITS BASIS FOR THE 27
OBJECTIONS AND THAT THE COVERED POLICY OF THE APPLICABLE JURISDICTION 28
MAY NOT BE ENACTED OR IMPLEMENTED . 29
(3) IF THE CIVIL RIGHTS DIVISION FAILS TO RESPOND WITHIN THE 30
REQUIRED TIME PERIOD UNDER § 15.5–405 OF THIS SUBTITLE, THE COVERED 31
POLICY SHALL BE GRANTED AND THE APPLICABLE JURISDICTION MAY ENACT OR 32
IMPLEMENT THE COVERED POLICY. 33
SENATE BILL 878 25
(G) ANY DENIAL OF PRECLEARANCE UNDER THIS SECTION 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 LOCATION 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 DETERMINATION TO DENY 8
OR GRANT PRECLEARANCE FOR THE COVERED POLICY WITHIN 15 DAYS FOLLOWING 9
THE RECEIPT OF THE COVERED POLICY. 10
(3) THE CIVIL RIGHTS DIVISION MAY INVOKE AN EXTENSION OF UP 11
TO 20 DAYS TO MAKE A DETERMINATION UNDER THIS SUBSECTION. 12
(B) THE PERIOD FOR PUBLIC COMMENT SHALL BE 20 BUSINESS DAYS IF A 13
COVERED POLICY CONCERNS: 14
(1) THE IMPLEMENTATION OF A DISTRICT–BASED METHOD OF 15
ELECTION OR AN ALTERNATIVE METHOD OF ELECTION; 16
(2) DISTRICTING PLANS; OR 17
(3) A CHANGE TO THE LOCAL GOVERNMENT ’S FORM OF 18
GOVERNMENT . 19
(C) THE PERIOD FOR PUBLIC COMMENT SHALL BE 10 BUSINESS DAYS FOR 20
ANY OTHER COVERED POLICY. 21
(D) (1) FOR A COVERED POLICY DESCRIBED IN SUBSECTION (B) OR (C) OF 22
THIS SECTION, THE CIVIL RIGHTS DIVISION SHALL REVIEW THE COVERED POLICY, 23
INCLUDING ANY PUBLIC COMMENT, AND MAKE A DETERMINATION TO DENY OR 24
GRANT PRECLEARANCE WITHIN 60 DAYS FOLLOWING THE SUBMISSION 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 SENATE BILL 878
(A) AS AN ALTERNATIVE TO PRECLEARANCE THROUGH THE CIVIL RIGHTS 1
DIVISION UNDER § 15.5–404 OF THIS SUBTITLE, A COVERED JURISDICTION MAY 2
SUBMIT A COVERED POLICY TO THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 3
FOR PRECLEARANCE . 4
(B) TO HAVE A COVERED POLICY BE CONSIDERED FOR PRECLEARANCE 5
UNDER THIS SECTION, THE COVERED JURISDICTION SHALL: 6
(1) SUBMIT, IN WRITING, THE COVERED POLICY TO THE COURT; AND 7
(2) CONTEMPORANEOUSLY TRANSMIT TO THE CIVIL RIGHTS 8
DIVISION A COPY OF THE COVERED POLICY SUBMITTED TO THE COURT UNDER ITEM 9
(1) OF THIS SUBSECTION. 10
(C) FAILURE OF THE COVERED JURISDICTION TO PROVIDE A COPY OF THE 11
POLICY TO THE CIVIL RIGHTS DIVISION UNDER SUBSECTION (B)(2) OF THIS 12
SECTION SHALL RESULT IN AN AUTOMATIC DENIAL OF THE REQUEST FOR 13
PRECLEARANCE . 14
(D) THE COURT SHALL EXERCISE EXCLUSIVE JURISDICTION OVER A 15
SUBMISSION THAT IS IN COMPLIANCE WITH SUBSECTION (B) OF THIS SECTION. 16
(E) THE COVERED JURISDICTION SHALL BEAR THE BURDEN OF PROOF IN 17
THE COURT’S PRECLEARANCE DETERMINATION . 18
(F) THE COURT SHALL GRANT OR DENY PRECLEARANCE WITHIN 60 DAYS 19
FOLLOWING THE RECEIPT OF THE SUBMISSION OF THE COVERED POLICY. 20
(G) THE COURT MAY DENY PRECLEARANCE ONLY IF IT DETERMINES THAT 21
THE COVERED POLICY IS MORE LIKELY THAN NOT TO DIMINISH THE OPPORTUNITY 22
OR ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL 23
PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE 24
THE OUTCOME OF ELECTIONS, OR THAT THE COVERED POLICY IS MORE LIKELY 25
THAN NOT TO VIOLATE A PROVISION IN THIS TITLE. 26
(H) (1) IF THE COURT GRANTS PRECLEARANCE , THE APPLICABLE 27
COVERED JURISDICTION MAY ENACT OR IMPLEMENT THE COVERED POLICY. 28
(2) IF THE COURT DENIES PRECLEARANCE , THE COVERED POLICY 29
MAY NOT BE ENACTED OR IMPLEMENTED . 30
(3) IF THE COURT FAILS TO RESPOND WITHIN 60 DAYS, THE COVERED 31
POLICY MAY NOT BE ENACTED OR IMPLEMENTED . 32 SENATE BILL 878 27
(I) (1) A DENIAL UNDER THIS SECTION MAY BE APPEALED IN 1
ACCORDANCE WITH THE ORDINARY RULES OF APPELLATE PROCEDURE . 2
(2) DUE TO THE FREQUENCY AND URGENCY OF ELECTIONS, ACTIONS 3
BROUGHT UNDER THIS SECTION SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND 4
TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFERENCE ON 5
APPEAL. 6
15.5–407. 7
THE FOLLOWING PERSONS MAY FILE AN ACTION IN THE CIRCUIT COURT FOR 8
ANNE ARUNDEL COUNTY TO ENJOIN THE ENACTMENT OR IMPLEMENTATION OF A 9
COVERED POLICY AND SEEK SANCTIONS IF A JURISDICTION ENACTS OR 10
IMPLEMENTS A COVERED POLICY WITHOUT FIRST OBTAINING PRECLEARANCE IN 11
ACCORDANCE WITH THIS SUBTITLE: 12
(1) AN AGGRIEVED PERSON; 13
(2) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS LIKELY 14
TO INCLUDE AGGRIEVED PERSONS; 15
(3) AN ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED BY A 16
VIOLATION OF THIS SUBTITLE; 17
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN ORDER 18
TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SUBTITLE; 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 REGULATIONS 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 REGULATIONS FOR AN EXPEDITED, EMERGENCY 26
PRECLEARANCE PROCESS IN THE EVENT OF A COVERED POLICY OCCURRING 27
DURING OR IMMINENTLY PRECEDING AN ELECTION AS A RESULT OF A DISASTER, AN 28
EMERGENCY , OR ANY OTHER EXIGENT CIRCUMSTANCES . 29
(2) (I) AN EXPEDITED OR EMERGENCY PRECLEARANCE GRANTED 30 28 SENATE BILL 878
UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL BE CONSIDERED ONLY 1
PRELIMINARY PRECLEARANCE . 2
(II) THE CIVIL RIGHTS DIVISION MAY SUBSEQUENTLY DENY 3
PRELIMINARY PRECLEARANCE WITHIN 60 DAYS FOLLOWING RECEIPT 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 DENY PRECLEARANCE TO A COVERED 8
POLICY MAY NOT BE ADMISSIBLE OR OTHERWISE CONSIDERED BY A COURT IN ANY 9
SUBSEQUENT ACTION CHALLENGING THE COVERED POLICY. 10
SUBTITLE 5. STATEWIDE ELECTION DATABASE AND INFORMATION OFFICE. 11
15.5–501. 12
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 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 THE STATE AND LOCAL 22
GOVERNMENTS WITH: 23
(1) EVALUATING WHETHER, AND TO WHAT EXTENT, CURRENT LAWS 24
AND PRACTICES RELATED TO ELECTION ADMINISTRATION ARE CONSISTENT WITH 25
THIS TITLE; 26
(2) IMPLEMENTING BEST PRACTICES IN ELECTION ADMINISTRATION 27
TO FURTHER THE PURPOSES OF THIS TITLE; AND 28
SENATE BILL 878 29
(3) INVESTIGATING ANY POTENTIAL 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 DEGREE FROM AN 6
ACCREDITED COLLEGE OR UNIVERSITY AND HAVE EXPERTISE IN DEMOGRAPHY , 7
STATISTICAL ANALYSIS, AND ELECTORAL SYSTEMS; AND 8
(3) BE AN EMPLOYEE OF THE STATE BOARD. 9
(B) THE DIRECTOR SHALL BE RESPONSIBLE FOR THE OPERATION AND 10
ADMINISTRATION OF THE OFFICE. 11
(C) (1) THE STATE BOARD SHALL PROVIDE THE OFFICE WITH 12
SUFFICIENT STAFF TO PERFORM THE FUNCTIONS 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 AND 17
RECORDS IN AN ELECTRONIC FORMAT: 18
(I) ESTIMATES OF TOTAL POPULATION, VOTING AGE 19
POPULATION , AND CITIZEN VOTING AGE POPULATION BY RACE, COLOR, AND 20
LANGUAGE MINORITY GROUP, BROKEN DOWN ANNUALLY TO THE PRECINCT LEVEL 21
FOR EACH LOCAL GOVERNMENT , BASED ON INFORMATION FROM THE U.S. CENSUS 22
BUREAU, INCLUDING FROM THE AMERICAN COMMUNITY SURVEY, OR 23
INFORMATION OF COMPARABLE QUALITY COLLECTED BY A SIMILAR 24
GOVERNMENTAL AGENCY; 25
(II) ELECTION RESULTS AT THE PRECINCT LEVEL FOR STATE 26
AND LOCAL GOVERNMENT ELECTIONS; 27
(III) REGULARLY UPDATED VOTER REGISTRATION LISTS, 28
GEOCODED LOCATIONS FOR EACH REGISTERED VOTER, AND OTHER VOTER 29
RECORDS, INCLUDING VOTER HISTORY FILES FOR EACH ELECTION IN EACH LOCAL 30 30 SENATE BILL 878
GOVERNMENT ; 1
(IV) DISTRICTING PLANS AND PRECINCT BOUNDARIES FOR 2
EACH ELECTION IN EACH LOCAL GOVERNMENT , WHICH SHALL BE PROVIDED IN A 3
SHAPEFILE OR COMPARABLE ELECTRONIC FORMAT; 4
(V) GEOCODED LOCATIONS OF POLLING PLACES AND BALLOT 5
DROP BOXES FOR EACH ELECTION IN EACH LOCAL GOVERNMENT , AND A LIST OR 6
DESCRIPTION OF THE DISTRICTS OR GEOGRAPHIC AREAS SERVED BY EACH POLLING 7
PLACE OR BALLOT DROP BOX LOCATION; AND 8
(VI) ANY OTHER INFORMATION THAT THE DIRECTOR 9
DETERMINES ADVISABLE TO MAINTAIN IN FURTHERANCE OF THE PURPOSES 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 IMMEDIATELY PRECEDING 12 13
YEARS. 14
(B) EXCEPT FOR ANY DATA, INFORMATION , OR ESTIMATES THAT IDENTIFY 15
INDIVIDUAL VOTERS, THE DATA, INFORMATION , AND ESTIMATES MAINTAINED BY 16
THE OFFICE SHALL BE POSTED ON THE STATE BOARD’S WEBSITE AND MADE 17
AVAILABLE TO THE PUBLIC AT NO COST. 18
(C) THE OFFICE SHALL PREPARE ALL DATA USING THE MOST ADVANCED, 19
PEER–REVIEWED, AND VALIDATED METHODOLOGIES . 20
15.5–506. 21
ON THE CERTIFICATION OF ELECTION RESULTS AND THE FINALIZATION OF 22
OTHER VOTER RECORDS, INCLUDING VOTER HISTORY FILES, AFTER EACH LOCAL 23
GOVERNMENT ELECTION, THE ENTITY RESPONSIBLE FOR ADMINISTERING THE 24
LOCAL GOVERNMENT ’S ELECTIONS SHALL TRANSMIT TO THE OFFICE, IN 25
ELECTRONIC FORMAT, COPIES OF THE FOLLOWING: 26
(1) THE ELECTION RESULTS AT THE PRECINCT LEVEL; 27
(2) CONTEMPORANEOUS REGISTRATION LISTS; 28
(3) VOTER RECORDS OR VOTER HISTORY FILES; 29
(4) ELECTION DISTRICT AND PRECINCT BOUNDARIES ; AND 30
SENATE BILL 878 31
(5) LISTS OF POLLING PLACE AND BALLOT DROP BOX LOCATIONS AND 1
LISTS OR DESCRIPTIONS OF THE DISTRICTS OR GEOGRAPHIC AREAS SERVED BY THE 2
LOCATIONS. 3
15.5–507. 4
AT LEAST ONCE EACH YEAR, OR MORE FREQUENTLY ON REQUEST OF THE 5
DIRECTOR, ANY STATE ENTITY IDENTIFIED BY THE DIRECTOR AS POSSESSING 6
DATA, STATISTICS, OR OTHER INFORMATION THE DIRECTOR REQUIRES TO CARRY 7
OUT THE DIRECTOR’S RESPONSIBILITIES UNDER THIS SUBTITLE SHALL PROVIDE 8
THE DATA, STATISTICS, OR INFORMATION TO THE DIRECTOR. 9
15.5–508. 10
THE DIRECTOR MAY PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO 11
LOCAL GOVERNMENTS , RESEARCHERS , AND MEMBERS OF THE PUBLIC SEEKING TO 12
USE THE RESOURCES OF THE STATEWIDE DATABASE. 13
SUBTITLE 6. PROHIBITION OF VOTER INTIMIDATION AND OBSTRUCTION. 14
15.5–601. 15
(A) A PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, 16
MAY NOT ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT 17
INTERFERE WITH AN INDIVIDUAL’S RIGHT TO VOTE. 18
(B) THE FOLLOWING SHALL CONSTITUTE A VIOLATION OF SUBSECTION (A) 19
OF THIS SECTION: 20
(1) THE USE OF FORCE OR THREATS TO USE FORCE, OR THE USE OF 21
ANY OTHER CONDUCT TO PRACTICE INTIMIDATION THAT CAUSES OR WILL 22
REASONABLY HAVE THE EFFECT OF CAUSING INTERFERENCE WITH AN 23
INDIVIDUAL’S RIGHT TO VOTE; 24
(2) THE KNOWING USE OF A DECEPTIVE OR FRAUDULENT DEVICE, 25
CONTRIVANCE , OR COMMUNICATION THAT CAUSES OR WILL REASONABLY HAVE THE 26
EFFECT OF CAUSING INTERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE; OR 27
(3) THE OBSTRUCT ION OF, IMPEDIMENT TO, OR OTHER 28
INTERFERE NCE WITH ACCESS TO A POLLING PLACE, A BALLOT DROP BOX, OR AN 29
OFFICE OR A PLACE OF BUSINESS OF AN ELECTION OFFICIAL OR A VOTER OR AN 30
ELECTION OFFICIAL IN A MANNER THAT CAUSES OR WILL REASONABLY HAVE THE 31
EFFECT OF CAUSING INTERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE OR 32 32 SENATE BILL 878
ANY DELAY IN VOTING OR THE VOTING PROCESS. 1
(C) THE FOLLOWING PERSONS MAY FILE AN ACTION ALLEGING A VIOLATION 2
OF THIS SECTION IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 3
(1) AN AGGRIEVED PERSON; 4
(2) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS LIKELY 5
TO INCLUDE AGGRIEVED PERSONS; 6
(3) AN ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED BY A 7
VIOLATION OF THIS SECTION; 8
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN ORDER 9
TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SECTION; 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 APPROPRIATE 13
REMEDIES THAT ARE TAILORED TO ADDRESS THE VIOLATION. 14
(II) THE REMEDIES ORDERED UNDER SUBPARAGRAPH (I) OF 15
THIS PARAGRAPH MAY INCLUDE PROVIDING FOR ADDITIONAL TIME TO VOTE 16
DURING AN ELECTION. 17
(2) A PERSON WHO VIOLATES THIS SECTION OR WHO AIDS IN THE 18
VIOLATION OF THIS SECTION SHALL BE LIABLE FOR ANY DAMAGES AWARDED BY THE 19
COURT, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION AND COMPENSATORY 20
OR PUNITIVE DAMAGES FOR ANY WILLFUL VIOLATION. 21
SUBTITLE 7. JURISDICTION AND PROCEEDINGS . 22
15.5–701. 23
IN ANY ACTION OR INVESTIGATION TO ENFORCE THIS TITLE, THE CIVIL 24
RIGHTS DIVISION MAY: 25
(1) EXAMINE WITNESSES; 26
(2) RECEIVE ORAL AND DOCUMENTARY EVIDENCE; 27
(3) DETERMINE MATERIAL FACTS; AND 28 SENATE BILL 878 33
(4) ISSUE SUBPOENAS IN ACCORDANCE WITH THE ORDINARY RULES 1
OF CIVIL PROCEDURE . 2
15.5–702. 3
(A) ACTIONS BROUGHT UNDER THIS TITLE SHALL BE SUBJECT TO 4
EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC 5
CALENDAR PREFERENCE . 6
(B) IF A PARTY SEEKS PRELIMINARY RELIEF ALLEGING A VIOLATION OF 7
THIS TITLE THAT RELATES TO AN UPCOMING ELECTION, THE CIRCUIT COURT FOR 8
ANNE ARUNDEL COUNTY SHALL GRANT RELIEF IF IT DETERMINES THAT: 9
(1) THE PARTY IS MORE LIKELY THAN NOT TO SUCCEED ON THE 10
MERITS; AND 11
(2) IT IS POSSIBLE TO IMPLEMENT AN APPROPRIATE REMEDY THAT 12
WOULD RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION. 13
SUBTITLE 8. COSTS AND FEES. 14
15.5–801. 15
(A) EXCEPT AS PROVIDED IN SUBSECTION (B)(2) OF THIS SECTION, IN AN 16
ACTION TO ENFORCE THIS TITLE, THE CIRCUIT COURT FOR ANNE ARUNDEL 17
COUNTY SHALL AWARD REASONABLE ATTORNEY’S FEES AND LITIGATION COSTS, 18
INCLUDING EXPERT WITNESS FEES AND EXPENSES TO THE PARTY THAT PREVAILED 19
IN THE ACTION. 20
(B) (1) IF THE STATE OR LOCAL GOVERNMENT 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 GOVERNMENT YIELDS SOME OR ALL OF THE 23
RELIEF SOUGHT IN THE ACTION. 24
(2) IF THE STATE OR LOCAL GOVERNMENT PREVAILS IN AN ACTION 25
UNDER THIS TITLE, THE COURT MAY NOT AWARD THE STATE OR LOCAL 26
GOVERNMENT ANY COSTS UNLESS THE COURT FINDS THE ACTION TO BE 27
FRIVOLOUS, UNREASONABLE , OR WITHOUT FOUNDATION . 28
SECTION 2. AND BE IT FURTHER 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 SENATE BILL 878
enacted. 1