Maryland 2023 Regular Session

Maryland Senate Bill SB878 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0878
6	6
7	7	SENATE BILL 878
8	8	G1 EMERGENCY BILL 3lr2533
9	9	CF HB 1104
10	10	By: Senator Sydnor
11	11	Introduced and read first time: February 8, 2023
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Voting Rights Act of 2023 – Counties and Municipalities 2
19	19
20	20	FOR the purpose of prohibiting local governments from impairing or diminishing the right 3
21	21	of a protected class member to vote or influence election outcomes; establishing 4
22	22	requirements on local governments regarding proposals for shifting methods of 5
23	23	election and districting plans; requiring the Civil Rights Division of the Office of the 6
24	24	Attorney General to approve or deny proposed local government remedies to address 7
25	25	certain violations; establishing requirements on the State Board of Elections and 8
26	26	local governments related to the provision of language–related assistance in local 9
27	27	government elections; requiring the Civil Rights Division or the Circuit Court for 10
28	28	Anne Arundel County to review and grant preclearance to certain policies before 11
29	29	enactment or implementation; establishing the Statewide Election Database and 12
30	30	Information Office to maintain and administer election–related data; prohibiting 13
31	31	acts of intimidation or obstruction that interfere with the right to vote; and generally 14
32	32	relating to voting rights in counties and municipalities. 15
33	33
34	34	BY adding to 16
35	35	Article – Election Law 17
36	36	Section 15.5–101 through 15.5–801 to be under the new title “Title 15.5. Voting 18
37	37	Rights Act – Counties and Municipalities” 19
38	38	Annotated Code of Maryland 20
39	39	(2022 Replacement Volume and 2022 Supplement) 21
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
42	42	That the Laws of Maryland read as follows: 23
43	43
44	44	Article – Election Law 24
45	45
46	46	TITLE 15.5. VOTING RIGHTS ACT – COUNTIES AND MUNICIPALITIES. 25
47	47	2 SENATE BILL 878
48	48
49	49
50	50	SUBTITLE 1. DEFINITIONS AND GENERAL PROVISIONS. 1
51	51
52	52	15.5–101. 2
53	53
54	54	(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
55	55	INDICATED UNLESS A DIFFERENT MEANING IS CLEARLY INTENDED FROM THE 4
56	56	CONTEXT. 5
57	57
58	58	(B) (1) “ALTERNATIVE METHOD OF ELECTION” MEANS A METHOD OF 6
59	59	ELECTING CANDIDATES TO THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT 7
60	60	OTHER THAN AN AT–LARGE METHOD OF ELECTION OR A DISTRICT–BASED METHOD 8
61	61	OF ELECTION. 9
62	62
63	63	(2) “ALTERNATIVE METHOD OF ELECTION” INCLUDES 10
64	64	PROPORTIONAL RANKED–CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED 11
65	65	VOTING. 12
66	66
67	67	(C) (1) “AT–LARGE METHOD OF ELECTION” MEANS A METHOD OF 13
68	68	ELECTING CANDIDATES TO THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT IN 14
69	69	WHICH THE CANDIDATES ARE VOTED ON BY ALL VOTERS OF THE LOCAL 15
70	70	GOVERNMENT . 16
71	71
72	72	(2) “AT–LARGE METHOD OF ELECTION” DOES NOT INCLUDE ANY 17
73	73	ALTERNATIVE METHOD OF ELECTION. 18
74	74
75	75	(D) “CIVIL RIGHTS DIVISION” MEANS THE CIVIL RIGHTS DIVISION OF THE 19
76	76	OFFICE OF THE ATTORNEY GENERAL. 20
77	77
78	78	(E) “COURT” MEANS THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. 21
79	79
80	80	(F) “DISTRICT–BASED METHOD OF ELECTION” MEANS A METHOD OF 22
81	81	ELECTING CANDIDATES TO THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT IN 23
82	82	WHICH, FOR LOCAL GOVERNMENTS DIVIDED INTO DISTRICTS, A CANDIDATE FOR 24
83	83	ANY DISTRICT IS REQUIRED TO RESIDE IN THE DISTRICT AND CANDIDATES 25
84	84	REPRESENTING OR SEEKING TO REPRESENT THE DISTRICT ARE VOTED ON BY ONLY 26
85	85	THE VOTERS OF THE DISTRICT. 27
86	86
87	87	(G) “FEDERAL VOTING RIGHTS ACT” MEANS THE FEDERAL VOTING 28
88	88	RIGHTS ACT OF 1965. 29
89	89
90	90	(H) “LEGISLATIVE BODY” MEANS: 30
91	91
92	92	(1) FOR BALTIMORE CITY, THE CITY COUNCIL OF BALTIMORE CITY; 31 SENATE BILL 878 3
93	93
94	94
95	95
96	96	(2) FOR A CHARTER COUNTY, THE COUNTY COUNCIL; 1
97	97
98	98	(3) FOR A CODE HOME RULE COUNTY, THE COUNTY COMMISSIONERS ; 2
99	99
100	100	(4) FOR A COMMISSION COUNTY, THE COUNTY COMMISSIONERS ; 3
101	101
102	102	(5) FOR A MUNICIPALITY, THE REPRESENTATIVE BODY PROVIDED 4
103	103	UNDER THE MUNICIPAL CHARTER; AND 5
104	104
105	105	(6) FOR A COUNTY BOARD OF EDUCATION, THE ELECTED VOTING 6
106	106	MEMBERS OF THE COUNTY BOARD OF EDUCATION. 7
107	107
108	108	(I) “LOCAL GOVERNMENT ” MEANS: 8
109	109
110	110	(1) A MUNICIPALITY OR COUNTY, AS THOSE TERMS ARE DEFINED IN § 9
111	111	1–101 OF THE LOCAL GOVERNMENT ARTICLE; OR 10
112	112
113	113	(2) A COUNTY BOARD OF EDUCATION, AS DEFINED § 1–101 OF THE 11
114	114	EDUCATION ARTICLE. 12
115	115
116	116	(J) “PROTECTED CLASS” MEANS A CLASS OF CITIZENS WHO ARE MEMBERS 13
117	117	OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS REFERENCED IN THE 14
118	118	FEDERAL VOTING RIGHTS ACT. 15
119	119
120	120	(K) “RACIALLY POLARIZED VOTING” MEANS VOTING IN WHICH THERE IS A 16
121	121	DIVERGENCE BETWEEN THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY 17
122	122	PROTECTED CLASS VOTERS AND THE CANDIDATE OR ELECTORAL CHOICE 18
123	123	PREFERRED BY OTHER VOTERS. 19
124	124
125	125	(L) “VOTE” OR “VOTING” MEANS AN ACTION NECESSARY TO CAST A BALLOT 20
126	126	IN AN ELECTION, INCLUDING: 21
127	127
128	128	(1) REGISTRATION ; 22
129	129
130	130	(2) APPLYING FOR A BALLOT; AND 23
131	131
132	132	(3) ANY OTHER ACTION REQUIRED BY LAW AS A PREREQUISITE TO 24
133	133	CASTING A BALLOT AND HAVING THE BALLOT COUNTED, CANVASSED, OR CERTIFIED 25
134	134	PROPERLY AND INCLUDED IN THE APPROPRIATE TOTALS OF VOTES CAST IN AN 26
135	135	ELECTION. 27
136	136
137	137	15.5–102. 28 4 SENATE BILL 878
138	138
139	139
140	140
141	141	(A) THE PROVISIONS OF THIS TITLE APPLY TO A MUNICIPALITY IN THE 1
142	142	STATE IN WHICH THE MUNICIPAL OR CHARTER ELECTIONS ARE REGULATED BY THE 2
143	143	PUBLIC LOCAL LAWS OF THE STATE OR THE CHARTER OF THE MUNICIPALITY. 3
144	144
145	145	(B) STATUTES, RULES AND REGULATIONS , AND LOCAL LAWS, TOWN 4
146	146	CHARTERS, OR ORDINANCES RELATED TO THE RIGHT TO VOTE SHALL BE 5
147	147	CONSTRUED LIBERALLY IN FAVOR OF: 6
148	148
149	149	(1) PROTECTING THE RIGHT TO CAST A BALLOT; 7
150	150
151	151	(2) ENSURING THAT ELIGIBLE VOTERS ARE NOT IMPAIRED IN 8
152	152	REGISTERING TO VOTE OR VOTING, INCLUDING HAVING THEIR VOTES COUNTED; 9
153	153	AND 10
154	154
155	155	(3) ENSURING PROTECTED CLASS VOTERS EQUITABLE ACCESS TO 11
156	156	OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. 12
157	157
158	158	15.5–103. 13
159	159
160	160	IF ANY PROVISION OF THIS TITLE OR ITS APPLICATION TO ANY PERSON, LOCAL 14
161	161	GOVERNMENT , OR CIRCUMSTANCE IS HELD TO BE INVALID BY A COURT OF 15
162	162	COMPETENT JURISDICTION, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS 16
163	163	OR APPLICATIONS OF THIS TITLE THAT CAN BE GIVEN EFFECT WITHOUT THE 17
164	164	INVALID PROVISION OR APPLICATION, AND TO THIS END, THE PROVISIONS OF THIS 18
165	165	TITLE ARE SEVERABLE. 19
166	166
167	167	SUBTITLE 2. PROTECTED CLASS MEMBERS. 20
168	168
169	169	15.5–201. 21
170	170
171	171	(A) A LOCAL GOVERNMENT MAY NOT DENY, IMPAIR, OR DIMINISH THE 22
172	172	RIGHT TO VOTE OF PROTECTED CLASS MEMBER S THROUGH ANY: 23
173	173
174	174	(1) QUALIFICATION FOR ELIGIBILITY TO BE A VOTER OR OTHER 24
175	175	PREREQUISITE TO VOTING; OR 25
176	176
177	177	(2) ORDINANCE, REGULATION , OR OTHER LAW REGARDING THE 26
178	178	ADMINISTRATION OF ELECTIONS, OR ANY STANDARD, PRACTICE, PROCEDURE , OR 27
179	179	POLICY. 28
180	180
181	181	(B) THE FOLLOWING ACTIONS BY A LOCAL GOVERNMENT SHALL 29
182	182	CONSTITUTE A VIOLATION OF SUBSECTION (A) OF THIS SECTION: 30 SENATE BILL 878 5
183	183
184	184
185	185
186	186	(1) IMPLEMENTATION OF A QUALIFICATION FOR ELIGIBILITY TO BE A 1
187	187	VOTER OR OTHER PREREQUISITE TO VOTING, OR AN ORDINANCE, REGULATION , OR 2
188	188	OTHER LAW REGARDING THE ADMINISTRATION OF ELECTIONS, OR ANY STANDARD, 3
189	189	PRACTICE, PROCEDURE , OR POLICY THAT: 4
190	190
191	191	(I) RESULTS OR WILL RESULT IN ANY DISPARITY OR 5
192	192	REDUCTION IN VOTER PARTICIPATION , ACCESS TO VOTING OPPORTUNITIES , OR 6
193	193	ABILITY TO PARTICIPATE IN THE POLITICAL PROCESS AMONG PROTECTED CLASS 7
194	194	MEMBERS IN A JURISDICTION; OR 8
195	195
196	196	(II) BASED ON THE TOTALITY OF THE CIRCUMSTANCES , 9
197	197	RESULTS IN ANY IMPAIRMENT OF THE OPPORTUNITY OR ABILITY OF PROTECTED 10
198	198	CLASS MEMBER S TO PARTICIPATE IN THE POLITICAL PROCESS AND ELECT 11
199	199	CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOME OF 12
200	200	ELECTIONS; OR 13
201	201
202	202	(2) ENACTMENT OF A QUALIFICATION FOR ELIGIBILITY TO BE A 14
203	203	VOTER OR OTHER PREREQUISITE TO VOTING, OR AN ORDINANCE, REGULATION , OR 15
204	204	OTHER LAW REGARDING THE ADMINISTRATION OF ELECTIONS, OR ANY STANDARD, 16
205	205	PRACTICE, PROCEDURE , OR POLICY THAT HAS THE PURPOSE OF, OR WILL HAVE THE 17
206	206	EFFECT OF, DIMINISHING THE ABILITY OF ANY PROTECTED CLASS VOTER TO 18
207	207	PARTICIPATE IN THE ELECTORAL PROCESS OR ELECT THE PREFERRED CANDIDATES 19
208	208	OF CHOICE OF THE PROTECTED CLASS VOTER. 20
209	209
210	210	15.5–202. 21
211	211
212	212	(A) A LOCAL GOVERNMENT MAY NOT EMPLOY ANY METHOD OF ELECTION 22
213	213	THAT HAS THE EFFECT, OR IS MOTIVATED IN PART BY THE INTENT, OF IMPAIRING 23
214	214	THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL 24
215	215	PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE 25
216	216	THE OUTCOME OF ELECTIONS, AS A RESULT OF DILUTING OR ABRIDGING THE VOTE 26
217	217	OF THE PROTECTED CLASS MEMBERS. 27
218	218
219	219	(B) IMPLEMENTATION OF THE FOLLOWING ELECTION METHODS BY A LOCAL 28
220	220	GOVERNMENT SHALL CONSTITUTE A VIOLATION OF SUBSECTION (A) OF THIS 29
221	221	SECTION: 30
222	222
223	223	(1) AN AT–LARGE METHOD OF ELECTION WHERE: 31
224	224
225	225	(I) RACIALLY POLARIZED VOTING BY PROTECTED CLASS 32
226	226	VOTERS OCCURS; OR 33
227	227	6 SENATE BILL 878
228	228
229	229
230	230	(II) BASED ON THE TOTALITY OF THE CIRCUMSTANCES , THE 1
231	231	OPPORTUNITY OR ABILITY OF PROTECTED CLASS VOTERS TO PARTICIPATE IN THE 2
232	232	POLITICAL PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE 3
233	233	INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; 4
234	234
235	235	(2) A DISTRICT–BASED METHOD OF ELECTION OR AN ALTERNATIVE 5
236	236	METHOD OF ELECTION WHERE THE CANDIDATES OR ELECTORAL CHOICES 6
237	237	PREFERRED BY PROTECTED CLASS MEMBERS WOULD USUALLY BE DEFEATED AND 7
238	238	WHERE: 8
239	239
240	240	(I) RACIALLY POLARIZED VOTING BY PROTECTED CLASS 9
241	241	VOTERS OCCURS; OR 10
242	242
243	243	(II) BASED ON THE TOTALITY OF THE CIRCUMSTANCES , THE 11
244	244	ABILITY OF THE VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS AND ELECT 12
245	245	CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOME OF 13
246	246	ELECTIONS IS IMPAIRED; OR 14
247	247
248	248	(3) ANY METHOD OF ELECTION THAT HAS THE PURPOSE OF, OR WILL 15
249	249	HAVE THE EFFECT OF, DIMINISHING THE ABILITY OF ANY PROTECTED CLASS VOTER 16
250	250	TO PARTICIPATE IN THE ELECTORAL PROCESS OR ELECT THE PREFERRED 17
251	251	CANDIDATES OF CHOICE OF THE PROTECTED CLASS VOTER. 18
252	252
253	253	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, TO 19
254	254	DETERMIN E WHETHER RACIALLY POLARIZED VOTING BY PROTECTED CLASS 20
255	255	VOTERS IN A LOCAL GOVERNMENT ELECTION OCCURS OR IF CANDIDATES OR 21
256	256	ELECTORAL CHOICES PREFERRED BY PROTECTED CLASS MEMBERS WOULD 22
257	257	USUALLY BE DEFEATED, THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY SHALL: 23
258	258
259	259	(I) CONSIDER ELECTIONS HELD BEFORE THE FILING OF AN 24
260	260	ACTION AS MORE PROBATIVE THAN ELECTIONS CONDUCTED AFTER THE FILING; 25
261	261
262	262	(II) CONSIDER EVIDENCE CONCERNING ELECTIONS FOR ANY 26
263	263	OFFICE IN THE LOCAL GOVERNMENT , INCLUDING EXECUTIVE, LEGISLATIVE, 27
264	264	JUDICIAL, AND OTHER OFFICES OF THE LOCAL GOVERNMENT , AS MORE PROBATIVE 28
265	265	THAN EVIDENCE CONCERNING ELECTIONS FOR OTHER OFFICES; 29
266	266
267	267	(III) CONSIDER STATISTICAL EVIDENCE AS MORE PROBATIVE 30
268	268	THAN NONSTATISTICAL EVIDENCE; AND 31
269	269
270	270	(IV) IN THE CASE OF CLAIMS BROUGHT ON BEHALF OF TWO OR 32
271	271	MORE PROTECTED CLASSES THAT ARE POLITICALLY COHESIVE WITHIN THE 33
272	272	ELECTION DISTRICT OF THE LOCAL GOVERNMENT , COMBINE VOTERS OF THE 34 SENATE BILL 878 7
273	273
274	274
275	275	PROTECTED CLASSES TO DETERMINE WHETHER VOTING BY MEMBERS OF THE 1
276	276	COMBINED PROTECTED CLASSES IS POLARIZED FROM OTHER VOTERS AND WITHOUT 2
277	277	REQUIRING EVIDENCE THAT EACH PROTECTED CLASS IS SEPARATELY POLARIZED 3
278	278	FROM OTHER VOTERS. 4
279	279
280	280	(2) IN DETERMINING WHETHER RACIALLY POLARIZED VOTING BY 5
281	281	PROTECTED CLASS VOTERS IN A LOCAL GOVERNMENT ELECTION OCCURS, THE 6
282	282	CIRCUIT COURT FOR ANNE ARUNDEL COUNTY MAY NOT: 7
283	283
284	284	(I) REQUIRE EVIDENCE CONCERNING THE INTENT OF VOTERS, 8
285	285	ELECTED OFFICIALS, OR THE LOCAL GOVERNMENT TO DISCRIMINATE AGAINST 9
286	286	PROTECTED CLASS VOTERS; 10
287	287
288	288	(II) REQUIRE EVIDENCE OF EXPLANATIONS FOR VOTING 11
289	289	PATTERNS AND ELECTION OUTCOMES TO PROVE THE EXISTENCE OF RACIALLY 12
290	290	POLARIZED VOTING, INCLUDING PARTISANSHIP ; 13
291	291
292	292	(III) CONSIDER EVIDENCE THAT SUBGROUPS OF PROTECTED 14
293	293	CLASS ELECTORS HAVE DIFFERENT VOTING PATTERNS; 15
294	294
295	295	(IV) CONSIDER EVIDENCE CONCERNING WHETHER PROTECTED 16
296	296	CLASS VOTERS ARE GEOGRAPHICALLY COMPACT OR CONCENTRATED , BUT MAY USE 17
297	297	THE EVIDENCE TO APPROPRIATELY REMEDY A VIOLATION UNDER THIS SECTION; OR 18
298	298
299	299	(V) CONSIDER EVIDENCE CONCERNING PROJECTED CHANGES 19
300	300	IN POPULATION OR DEMOGRAPHICS , BUT MAY USE THE EVIDENCE TO 20
301	301	APPROPRIATELY REMEDY A VIOLATION UNDER THIS SECTION. 21
302	302
303	303	15.5–203. 22
304	304
305	305	(A) (1) IN DETERMINING WHETHER, BASED ON THE TOTALITY OF THE 23
306	306	CIRCUMSTANCES , A DENIAL OR IMPAIRMENT OF THE RIGHT TO VOTE FOR ANY 24
307	307	PROTECTED CLASS HAS OCCURRED, OR THE OPPORTUNITY OR ABILITY OF 25
308	308	PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND 26
309	309	ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOME 27
310	310	OF ELECTIONS IS IMPAIRED, THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 28
311	311	MAY CONSIDER THE FOLLOWING FACTORS: 29
312	312
313	313	(I) THE HISTORY OF DISCRIMINATION IN OR AFFECTING THE 30
314	314	STATE OR LOCAL GOVERNMENT ; 31
315	315
316	316	(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 32
317	317	EXTENT TO WHICH PROTECTED CLASS VOTERS HAVE BEEN ELECTED TO OFFICE IN 33 8 SENATE BILL 878
318	318
319	319
320	320	THE LOCAL GOVERNMENT ; 1
321	321
322	322	(III) THE USE OF ANY QUALIFICATION FOR ELIGIBILITY TO BE A 2
323	323	VOTER OR OTHER PREREQUISITE TO VOTING, OR ANY STATUTE, ORDINANCE, 3
324	324	REGULATION , OR OTHER LAW REGARDING THE ADMINISTRATION OF ELECTIONS, OR 4
325	325	ANY RELATED STANDARD, PRACTICE, PROCEDURE , OR POLICY BY THE LOCAL 5
326	326	GOVERNMENT THAT MAY ENHANCE THE DILUTIVE EFFECTS OF A METHOD OF 6
327	327	ELECTION IN THE LOCAL GOVERNMENT ; 7
328	328
329	329	(IV) THE DENIAL OF ACCESS OF PROTECTED CLASS VOTERS OR 8
330	330	CANDIDATES TO ELECTION ADMINISTRATION OR CAMPAIGN FINANCE PROCESSES 9
331	331	THAT DETERMINE WHICH CANDIDATES WILL RECEIVE ACCESS TO THE BALLOT OR 10
332	332	FINANCIAL OR OTHER SUPPORT IN A GIVEN ELECTION IN THE LOCAL GOVERNMENT ; 11
333	333
334	334	(V) THE EXTENT TO WHICH PROTECTED CLASS INDIVIDUALS IN 12
335	335	THE STATE OR THE LOCAL GOVERNMENT CONTRIBUTE MONEY TO POLITICAL 13
336	336	CAMPAIGNS OR POLITICAL CAUSES AT LOWER RATES THAN OTHER INDIVIDUALS IN 14
337	337	THE STATE OR THE LOCAL GOVERNMENT ; 15
338	338
339	339	(VI) THE EXTENT TO WHICH PROTECTED CLASS VOTERS IN THE 16
340	340	STATE OR THE LOCAL GOVERNMENT VOTE AT LOWER RATES THAN OTHER VOTERS 17
341	341	IN THE STATE OR THE LOCAL GOVERNMENT , AS APPLICABLE; 18
342	342
343	343	(VII) THE EXTENT TO WHICH PROTECTED CLASS INDIVIDUALS IN 19
344	344	THE LOCAL GOVERNMENT BEAR THE EFFECTS OF DISCRIMINATION , PUBLIC OR 20
345	345	PRIVATE, IN AREAS SUCH AS EDUCATION, EMPLOYMENT , HEALTH, CRIMINAL 21
346	346	JUSTICE, HOUSING, TRANSPORTATION , LAND USE, OR ENVIRONMENTAL 22
347	347	PROTECTION ; 23
348	348
349	349	(VIII) THE EXTENT TO WHICH PROTECTED CLASS INDIVIDUALS IN 24
350	350	THE LOCAL GOVERNMENT ARE DISADVANTAGED IN OTHER AREAS THAT MAY 25
351	351	HINDER THEIR ABILITY TO PARTICIPATE EFFECTIVELY IN THE POLITICAL PROCESS; 26
352	352
353	353	(IX) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN 27
354	354	POLITICAL CAMPAIGNS IN THE LOCAL GOVERNMENT OR SURROUNDING ADOPTION 28
355	355	OR MAINTENANCE OF THE CHALLENGED PRACTICE; 29
356	356
357	357	(X) THE EXTENT TO WHICH CANDIDATES FACE HOSTILITY OR 30
358	358	BARRIERS ON ACCOUNT OF THEIR MEMBERSHIP IN A PROTECTED CLASS WHILE 31
359	359	CAMPAIGNING ; 32
360	360
361	361	(XI) A LACK OF RESPONSIVENESS BY ELECTED OFFICIALS OF 33
362	362	THE LOCAL GOVERNMENT TO THE PARTICULARIZED NEEDS OF PROTECTED CLASS 34 SENATE BILL 878 9
363	363
364	364
365	365	INDIVIDUALS, INCLUDING A LACK OF CONCERN FOR, OR RESPONSIVENESS TO, THE 1
366	366	REQUESTS AND PROPOSALS OF THE GROUP, WITHOUT CONSIDERING COMPLIANCE 2
367	367	WITH A COURT ORDER AS EVIDENCE OF RESPONSIVENESS ON THE PART OF THE 3
368	368	JURISDICTION; 4
369	369
370	370	(XII) WHETHER THE PARTICULAR METHOD OF ELECTION, 5
371	371	ORDINANCE, REGULATION , OR OTHER LAW, OR RELATED STANDARD, PRACTICE, 6
372	372	PROCEDURE , OR POLICY WAS DESIGNED TO ADVANCE AND MATERIALLY ADVANCES 7
373	373	A VALID AND SUBSTANTIATED STATE INTEREST; AND 8
374	374
375	375	(XIII) OTHER FACTORS AS THE COURT MAY DETERMINE TO BE 9
376	376	RELEVANT. 10
377	377
378	378	(2) FOR THE PURPOSE OF CONSIDERING THE FACTOR LISTED IN 11
379	379	PARAGRAPH (1)(II) OF THIS SUBSECTION, IF A MINORITY GROUP IS TOO SMALL TO 12
380	380	ELECT CANDIDATES OF ITS CHOICE, THAT FACT ALONE MAY NOT DEFEAT A CLAIM 13
381	381	OF VOTE DENIAL OR ABRIDGMENT . 14
382	382
383	383	(B) THE FACTORS THAT ARE RELEVANT TO A TOTALITY OF THE 15
384	384	CIRCUMSTANCES ANALYSIS FOR A CLAIM OF VOTE DENIAL OR IMPAIRMENT UNDER 16
385	385	SUBSECTION (A) OF THIS SECTION DO NOT INCLUDE THE FOLLOWING: 17
386	386
387	387	(1) THE NUMBER OF PROTECTED CLASS MEMBERS UNAFFECTED BY 18
388	388	THE CHALLENGED QUALIFICATION , PREREQUISITE , STANDARD, PRACTICE, OR 19
389	389	PROCEDURE ; 20
390	390
391	391	(2) THE DEGREE TO WHICH THE CHALLENGED QUALIFICATION , 21
392	392	PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE HAS A LONG PEDIGREE OR 22
393	393	WAS IN WIDESPREAD USE AT SOME EARLIER DATE; 23
394	394
395	395	(3) THE USE OF AN IDENTICAL OR SIMILAR QUALIFICATION , 24
396	396	PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IN OTHER STATES OR 25
397	397	JURISDICTIONS; 26
398	398
399	399	(4) THE AVAILABILITY OF OTHER FORMS OF VOTING UNIMPACTED BY 27
400	400	THE CHALLENGED QUALIFICATION , PREREQUISITE , STANDARD, PRACTICE, OR 28
401	401	PROCEDURE TO ALL MEMBERS OF THE ELECTORATE , INCLUDING MEMBERS OF THE 29
402	402	PROTECTED CLASS, UNLESS THE JURISDICTION IS SIMULTANEOUSLY EXPANDING 30
403	403	THE OTHER PRACTICES TO ELIMINATE ANY DISPROPORTIONATE BURDEN IMPOSED 31
404	404	BY THE CHALLENGED QUALIFICATION , PREREQUISITE , STANDARD, PRACTICE, OR 32
405	405	PROCEDURE ; AND 33
406	406
407	407	(5) UNSUBSTANTIATED DEFENSES THAT THE QUALIFICATION , 34 10 SENATE BILL 878
408	408
409	409
410	410	PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IS NECESSARY TO ADDRESS 1
411	411	CRIMINAL ACTIVITY. 2
412	412
413	413	15.5–204. 3
414	414
415	415	(A) (1) THE FOLLOWING PERSONS MAY FILE AN ACTION UNDER THIS 4
416	416	SUBTITLE IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 5
417	417
418	418	(I) AN AGGRIEVED PERSON; 6
419	419
420	420	(II) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS 7
421	421	LIKELY TO INCLUDE AGGRIEVED PERSONS; 8
422	422
423	423	(III) AN ORGANIZATION WHOSE MISSION WOULD BE 9
424	424	FRUSTRATED BY A VIOLATION OF THIS SUBTITLE; 10
425	425
426	426	(IV) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN 11
427	427	ORDER TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SUBTITLE; 12
428	428	OR 13
429	429
430	430	(V) THE CIVIL RIGHTS DIVISION. 14
431	431
432	432	(2) MEMBERS OF TWO OR MORE PROTECTED CLASSES OF VOTERS 15
433	433	THAT ARE POLITICALLY COHESIVE IN A LOCAL GOVERNMENT MAY FILE AN ACTION 16
434	434	JOINTLY UNDER THIS SUBTITLE. 17
435	435
436	436	(B) (1) NOTWITHSTANDING ANY OTHER LAW, IF THE COURT FINDS A 18
437	437	VIOLATION OF THIS SUBTITLE, THE COURT SHALL ORDER APPROPRIATE REMEDIES 19
438	438	THAT ARE TAILORED TO ADDRESS THE VIOLATION IN THE LOCAL GOVERNMENT AND 20
439	439	ENSURE THAT PROTECTED CLASS VOTERS HAVE EQUITABLE ACCESS TO FULLY 21
440	440	PARTICIPATE IN THE ELECTORAL PROCESS, WHICH MAY INCLUDE: 22
441	441
442	442	(I) A DISTRICT–BASED METHOD OF ELECTION; 23
443	443
444	444	(II) AN ALTERNATIVE METHOD OF ELECTION, INCLUDING 24
445	445	PROPORTIONAL RANKED–CHOICE VOTING, CUMULATIVE VOTING, OR LIMITED 25
446	446	VOTING; 26
447	447
448	448	(III) NEW OR REVISED DISTRICTING PLANS; 27
449	449
450	450	(IV) ELIMINATION OF STAGGERED ELECTIONS SO THAT ALL 28
451	451	MEMBERS OF THE LEGISLATIVE BODY ARE ELECTED AT THE SAME TIME; 29
452	452	SENATE BILL 878 11
453	453
454	454
455	455	(V) REASONABLY INCREASING THE SIZE OF THE LEGISLATIVE 1
456	456	BODY; 2
457	457
458	458	(VI) ADDITIONAL VOTING HOURS OR DAYS; 3
459	459
460	460	(VII) ADDITIONAL POLLING LOCATIONS; 4
461	461
462	462	(VIII) ADDITIONAL MEANS OF VOTING, SUCH AS VOTING BY MAIL 5
463	463	OR ADDITIONAL OPPORTUNITIES TO RETURN BALLOTS; 6
464	464
465	465	(IX) ORDERING OF SPECIAL ELECTIONS; 7
466	466
467	467	(X) REQUIRING EXPANDED OPPORTUNITIES FOR THE 8
468	468	ADMISSION OF VOTERS; 9
469	469
470	470	(XI) REQUIRING ADDITIONAL VOTER EDUCATION; 10
471	471
472	472	(XII) THE RESTORATION OR ADDITION OF PERSONS TO A VOTER 11
473	473	REGISTRY; OR 12
474	474
475	475	(XIII) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, 13
476	476	RETAINING JURISDICTION FOR WHATEVER PERIOD OF TIME THE COURT MAY 14
477	477	DETERMINE IS APPROPRIATE . 15
478	478
479	479	(2) IF THE COURT RETAINS JURISDICTION UNDER PARAGRAPH 16
480	480	(1)(XIII) OF THIS SUBSECTION, DURING THE TIME THAT JURISDICTION IS RETAINED, 17
481	481	A VOTING QUALIFICATION OR PREREQUISITE TO VOTING OR STANDARD, PRACTICE, 18
482	482	OR PROCEDURE WITH RESPECT TO VOTING MAY NOT BE IMPOSED IF DOING SO 19
483	483	WOULD BE DIFFERENT FROM WHAT WAS IN EFFECT AT THE TIME THE PROCEEDING 20
484	484	WAS COMMENCED , UNLESS THE COURT FINDS THAT THE QUALIFICATION , 21
485	485	PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE DOES NOT HAVE THE 22
486	486	PURPOSE AND WILL NOT HAVE THE EFFECT OF IMPAIRING OR DIMINISHING THE 23
487	487	RIGHT TO VOTE ON THE BASIS OF PROTECTED CLASS MEMBERSHIP . 24
488	488
489	489	(3) (I) THE COURT MAY TAKE ACTION OR ORDER A REMEDY UNDER 25
490	490	THIS SECTION ONLY IF THE ACTION OR REMEDY WILL NOT DIMINISH THE ABILITY OF 26
491	491	PROTECTED CLASS VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS AND 27
492	492	ELECT THEIR PREFERRED CANDIDATES OR OTHERWISE INFLUENCE THE OUTCOME 28
493	493	OF ELECTIONS. 29
494	494
495	495	(II) THE COURT SHALL CONSIDER REMEDIES PROPOSED BY 30
496	496	ANY PARTIES TO AN ACTION FILED UNDER THIS SECTION. 31
497	497	12 SENATE BILL 878
498	498
499	499
500	500	(III) THE COURT MAY NOT GIVE DEFERENCE OR PRIORITY TO A 1
501	501	PROPOSED REMEDY BECAUSE IT IS THE REMEDY PROPOSED BY THE LOCAL 2
502	502	GOVERNMENT . 3
503	503
504	504	(IV) THE COURT SHALL HAVE THE POWER TO REQUIRE A LOCAL 4
505	505	GOVERNMENT TO IMPLEMENT REMEDIES THAT ARE INCONSISTENT WITH ANY 5
506	506	OTHER PROVISION OF STATE OR LOCAL LAW WHERE THE INCONSISTENT PROVISION 6
507	507	OF LAW WOULD OTHERWISE PRECLUDE THE COURT FROM ORDERING AN 7
508	508	APPROPRIATE REMEDY IN THE MATTER. 8
509	509
510	510	15.5–205. 9
511	511
512	512	(A) (1) A PROPOSAL BY A LOCAL GOVERNMENT TO ENACT AND 10
513	513	IMPLEMENT THE FOLLOWING SHALL BE SUBJECT TO PARAGRAPH (2) OF THIS 11
514	514	SUBSECTION: 12
515	515
516	516	(I) A NEW METHOD OF ELECTION TO REPLACE THE AT–LARGE 13
517	517	METHOD OF ELECTION OF THE LOCAL GOVERNMENT WITH EITHER A 14
518	518	DISTRICT–BASED OR AN ALTERNATIVE METHOD OF ELECTION; OR 15
519	519
520	520	(II) A NEW DISTRICTING PLAN, IF A PROPOSAL WAS MADE AFTER 16
521	521	THE RECEIPT OF A NOTIFICATION LETTER DESCRIBED IN SUBSECTION (B) OF THIS 17
522	522	SECTION OR AFTER THE FILING OF A CLAIM UNDER THIS SUBTITLE OR THE FEDERAL 18
523	523	VOTING RIGHTS ACT. 19
524	524
525	525	(2) (I) 1. BEFORE DRAWING A DRAFT DISTRICTING PLAN OR 20
526	526	PLANS OF SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION, THE 21
527	527	LOCAL GOVERNMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, WITHIN 30 22
528	528	DAYS OF EACH OTHER, AT WHICH MEMBERS OF THE PUBLIC MAY PROVIDE INPUT 23
529	529	REGARDING THE PROPOSED REMEDY, INCLUDING, IF APPLICABLE, THE 24
530	530	COMPOSITION OF ELECTION DISTRICTS. 25
531	531
532	532	2. IN ADVANCE OF THE HEARINGS REQUIRED UNDER 26
533	533	SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH , THE LOCAL GOVERNMENT SHALL 27
534	534	CONDUCT OUTREACH TO MEMBERS OF THE PUBLIC, INCLUDING TO LANGUAGE 28
535	535	MINORITY GROUPS, TO EXPLAIN THE DISTRICTING PROCESS OR PROCESS OF 29
536	536	SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION. 30
537	537
538	538	(II) 1. AFTER DRAFT DISTRICTING PLANS ARE DRAWN OR 31
539	539	PLANS OF SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION ARE 32
540	540	ESTABLISHED, THE LOCAL GOVERNMENT SHALL PUBLISH AND MAKE AVAILABLE 33
541	541	FOR PUBLIC DISSEMINATION AT LEAST ONE PLAN AND AN EXPLANATION OF THE 34
542	542	POTENTIAL SEQUENCE OF ELECTIONS IN THE EVENT THE MEMBERS OF THE 35 SENATE BILL 878 13
543	543
544	544
545	545	LEGISLATIVE BODY OF THE LOCAL GOVERNMENT WOULD BE ELECTED FOR 1
546	546	STAGGERED TERMS UNDER THE PLAN. 2
547	547
548	548	2. THE LOCAL GOVERNMENT SHALL HOLD AT LEAST 3
549	549	TWO PUBLIC HEARINGS, WITHIN 45 DAYS OF EACH OTHER, AT WHICH MEMBERS OF 4
550	550	THE PUBLIC MAY PROVIDE INPUT REGARDING THE CONTENT OF THE PLAN OR PLANS 5
551	551	AND, IF APPLICABLE, THE POTENTIAL SEQUENCE OF ELECTIONS. 6
552	552
553	553	3. THE PLAN OR PLANS SHALL BE PUBLISHED AT LEAST 7
554	554	7 DAYS BEFORE CONSIDERATION AT EACH OF THE PUBLIC HEARINGS. 8
555	555
556	556	4. IF THE PLAN OR PLANS ARE REVISED AT OR 9
557	557	FOLLOWING ANY HEARING, THE LOCAL GOVERNMENT SHALL PUBLISH AND MAKE 10
558	558	AVAILABLE FOR PUBLIC DISSEMINATION THE REVISED PLAN OR PLANS AT LEAST 7 11
559	559	DAYS BEFORE ANY ADOPTION OF THE REVISED PLAN OR PLANS. 12
560	560
561	561	(III) IN DETERMINING THE SEQUENCE OF ELECTIONS IN THE 13
562	562	EVENT THE MEMBERS OF THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT WOULD 14
563	563	BE ELECTED FOR STAGGERED TERMS UNDER A DISTRICTING PLAN OR PLANS OF 15
564	564	SHIFTING TO A PROPOSED ALTERNATIVE METHOD OF ELECTION, THE LEGISLATIVE 16
565	565	BODY SHALL GIVE SPECIAL CONSIDERATION TO THE PURPOSES OF THIS TITLE AND 17
566	566	TAKE INTO ACCOUNT THE PREFERENCES EXPRESSED BY VOTERS IN THE DISTRICTS. 18
567	567
568	568	(B) (1) BEFORE FILING AN ACTION AGAINST A LOCAL GOVERNMENT 19
569	569	UNDER THIS SECTION, A PARTY DESCRIBED IN § 15.5–204 OF THIS SUBTITLE SHALL 20
570	570	SEND BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED , A NOTIFICATION LETTER 21
571	571	TO THE CHIEF CLERK OF THE LOCAL GOVERNMENT ASSERTING THAT THE LOCAL 22
572	572	GOVERNMENT MAY BE IN VIOLATION OF THE PROVISIONS OF THIS TITLE. 23
573	573
574	574	(2) (I) THE PARTY MAY NOT FILE AN ACTION UNDER THIS SECTION 24
575	575	WITHIN 50 DAYS AFTER SENDING A NOTIFICATION LETTER TO THE LOCAL 25
576	576	GOVERNMENT . 26
577	577
578	578	(II) WITHIN 60 DAYS AFTER A NOTIFICATION LETTER IS SENT TO 27
579	579	A LOCAL GOVERNMENT UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE 28
580	580	LEGISLATIVE BODY OF THE LOCAL GOVERNMENT MAY PASS A RESOLUTION: 29
581	581
582	582	1. AFFIRMING THE LOCAL GOVERNMENT ’S INTENTION 30
583	583	TO ENACT AND IMPLEMENT A REMEDY FOR A POTENTIAL VIOLATION OF THE 31
584	584	PROVISIONS OF THIS TITLE; 32
585	585
586	586	2. ESTABLISHING SPECIFIC MEASURES THAT THE LOCAL 33
587	587	GOVERNMENT WILL TAKE TO FACILITATE APPROVAL AND IMPLEMENTATION OF A 34 14 SENATE BILL 878
588	588
589	589
590	590	REMEDY; AND 1
591	591
592	592	3. PROVIDING A SCHEDULE FOR THE ENACTMENT AND 2
593	593	IMPLEMENTATION OF THE REMEDY. 3
594	594
595	595	(3) A PARTY DESCRIBED UNDER § 15.5–204 OF THIS SUBTITLE MAY 4
596	596	NOT FILE AN ACTION UNDER THIS SUBSECTION UNTIL 90 DAYS AFTER THE PASSAGE 5
597	597	OF ANY RESOLUTION BY THE LEGISLATIVE BODY UNDER PARAGRAPH (2) OF THIS 6
598	598	SUBSECTION. 7
599	599
600	600	(4) IF, UNDER THE LAWS OF THIS STATE OR ANY CODE HOME RULE OR 8
601	601	CHARTER COUNTY ORDINANCE, THE LEGISLATIVE BODY OF A LOCAL GOVERNMENT 9
602	602	LACKS AUTHORITY TO ENACT OR IMPLEMENT A REMEDY IDENTIFIED IN A 10
603	603	RESOLUTION UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION WITHIN 90 DAYS 11
604	604	AFTER THE PASSAGE OF THE RESOLUTION, THE LOCAL GOVERNMENT SHALL: 12
605	605
606	606	(I) HOLD AT LEAST ONE PUBLIC HEARING ON A PROPOSAL TO 13
607	607	REMEDY A POTENTIAL VIOLATION OF THE PROVISIONS OF THIS TITLE, AT WHICH 14
608	608	MEMBERS OF THE PUBLIC MAY PROVIDE INPUT REGARDING PROPOSED REMEDIES; 15
609	609	AND 16
610	610
611	611	(II) IN ADVANCE OF THE HEARING UNDER ITEM (I) OF THIS 17
612	612	PARAGRAPH , CONDUCT OUTREACH TO MEMBERS OF THE PUBLIC, INCLUDING TO 18
613	613	LANGUAGE MINORITY COMMUNITIES , TO ENCOURAGE INPUT. 19
614	614
615	615	(5) (I) THE LEGISLATIVE BODY OF THE LOCAL GOVERNMENT MAY 20
616	616	APPROVE A PROPOSED REMEDY UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION 21
617	617	THAT COMPLIES WITH THE PROVISIONS OF THIS TITLE AND SHALL SUBMIT THE 22
618	618	PROPOSED REMEDY TO THE CIVIL RIGHTS DIVISION. 23
619	619
620	620	(II) THE CIVIL RIGHTS DIVISION SHALL, NOT LATER THAN 60 24
621	621	DAYS AFTER SUBMISSION OF A PROPOSED REMEDY BY A LOCAL GOVERNMENT , 25
622	622	APPROVE THE PROPOSED REMEDY IF THE ATTORNEY GENERAL CONCLUDES THAT: 26
623	623
624	624	1. THE LOCAL GOVERNMENT MAY BE IN VIOLATION OF 27
625	625	THE PROVISIONS OF THIS TITLE; 28
626	626
627	627	2. THE PROPOSED REMEDY WOULD ADDRESS A 29
628	628	POTENTIAL VIOLATION; 30
629	629
630	630	3. THE PROPOSED REMEDY WILL NOT DIMINISH THE 31
631	631	ABILITY OF PROTECTED CLASS VOTERS TO PARTICIPATE IN THE POLITICAL 32
632	632	PROCESS AND ELECT THEIR PREFERRED CANDIDATES TO OFFICE; AND 33 SENATE BILL 878 15
633	633
634	634
635	635
636	636	4. IMPLEMENTATION OF THE PROPOSED REMEDY IS 1
637	637	FEASIBLE. 2
638	638
639	639	(III) IF THE CIVIL RIGHTS DIVISION APPROVES THE PROPOSED 3
640	640	REMEDY, THE PROPOSED REMEDY SHALL BE ENACTED AND IMPLEMENTED 4
641	641	IMMEDIATELY . 5
642	642
643	643	(IV) IF THE CIVIL RIGHTS DIVISION REJECTS THE PROPOSED 6
644	644	REMEDY: 7
645	645
646	646	1. THE PROPOSED REMEDY MAY NOT BE ENACTED OR 8
647	647	IMPLEMENTED ; 9
648	648
649	649	2. THE CIVIL RIGHTS DIVISION SHALL SPECIFY THE 10
650	650	OBJECTIONS TO THE PROPOSED REMEDY AND EXPLAIN THE BASIS FOR THE DENIAL; 11
651	651	AND 12
652	652
653	653	3. THE CIVIL RIGHTS DIVISION MAY RECOMMEND 13
654	654	ANOTHER PROPOSED REMEDY THAT THE ATTORNEY GENERAL WOULD APPROVE. 14
655	655
656	656	(V) IF THE CIVIL RIGHTS DIVISION DOES NOT APPROVE THE 15
657	657	PROPOSED REMEDY WITHIN 60 DAYS AFTER THE SUBMISSION OF THE PROPOSED 16
658	658	REMEDY BY THE LOCAL GOVERNMENT , THE PROPOSED REMEDY MAY NOT BE 17
659	659	ENACTED OR IMPLEMENTED . 18
660	660
661	661	(6) (I) A LOCAL GOVERNMENT THAT HAS PASSED A RESOLUTION 19
662	662	UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION MAY ENTER INTO AN AGREEMENT 20
663	663	WITH A PARTY THAT SENT A NOTIFICATION LETTER UNDER PARAGRAPH (1) OF THIS 21
664	664	SUBSECTION PROVIDING THAT THE PARTY MAY NOT FILE AN ACTION UNDER THIS 22
665	665	SECTION UNTIL 90 DAYS AFTER ENTERING INTO THE AGREEMENT . 23
666	666
667	667	(II) IF A PARTY AGREES TO ENTER INTO AN AGREEMENT , THE 24
668	668	AGREEMENT SHALL REQUIRE THAT THE LOCAL GOVERNMENT EITHER ENACT AND 25
669	669	IMPLEMENT A REMEDY THAT COMPLIES WITH THE PROVISIONS OF THIS TITLE OR 26
670	670	ENACT AND SUBMIT A REMEDY TO THE CIVIL RIGHTS DIVISION. 27
671	671
672	672	(III) IF A PARTY DECLINES TO ENTER INTO AN AGREEMENT , THE 28
673	673	PARTY MAY FILE AN ACTION UNDER THIS SUBTITLE AT ANY TIME. 29
674	674
675	675	15.5–206. 30
676	676
677	677	(A) (1) IF A LOCAL GOVERNMENT ENACTS OR IMPLEMENTS A REMEDY OR 31 16 SENATE BILL 878
678	678
679	679
680	680	THE CIVIL RIGHTS DIVISION APPROVES A PROPOSED REMEDY UNDER § 15.5–205 OF 1
681	681	THIS SUBTITLE, WITHIN 30 DAYS AFTER THE ENACTMENT , IMPLEMENTATION , OR 2
682	682	APPROVAL, A PARTY WHO SENT A NOTIFICATION LETTER UNDER § 15.5–205(B)(1) 3
683	683	OF THIS SUBTITLE MAY SUBMIT A CLAIM FOR REIMBURSEMENT FROM THE LOCAL 4
684	684	GOVERNMENT FOR THE COSTS ASSOCIATED WITH PRODUCING AND SENDING THE 5
685	685	NOTIFICATION LETTER. 6
686	686
687	687	(2) THE PARTY SHALL SUBMIT A CLAIM IN WRITING AND 7
688	688	SUBSTANTIATE THE CLAIM WITH FINANCIAL DOCUMENTATION , INCLUDING A 8
689	689	DETAILED INVOICE FOR ANY DEMOGRAPHY SERVICES OR ANALYSIS OF VOTING 9
690	690	PATTERNS IN THE LOCAL GOVERNMENT . 10
691	691
692	692	(3) ON RECEIPT OF A CLAIM, THE LOCAL GOVERNMENT MAY REQUEST 11
693	693	ADDITIONAL FINANCIAL DOCUMENTATION IF WHAT HAS BEEN PROVIDED BY THE 12
694	694	PARTY IS INSUFFICIENT TO SUBSTANTIATE THE COSTS. 13
695	695
696	696	(4) (I) 1. SUBJECT TO SUBPARAGRAPH (II) OF THIS 14
697	697	PARAGRAPH , THE LOCAL GOVERNMENT SHALL REIMBURSE THE PARTY FOR 15
698	698	REASONABLE COSTS CLAIMED OR FOR AN AMOUNT THAT THE PARTY AND THE LOCAL 16
699	699	GOVERNMENT AGREE ON. 17
700	700
701	701	2. THE CUMULATIVE AMOUNT OF REIMBURSEMENTS TO 18
702	702	ALL PARTIES, OTHER THAN THE CIVIL RIGHTS DIVISION, MAY NOT EXCEED $50,000. 19
703	703
704	704	(II) IF THE PARTY AND THE LOCAL GOVERNMENT FAIL TO 20
705	705	AGREE TO A REIMBURSEMENT AMOUNT, EITHER THE PARTY OR THE LOCAL 21
706	706	GOVERNMENT MAY FILE AN ACTION FOR A DECLARATORY JUDGMENT WITH THE 22
707	707	CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. 23
708	708
709	709	(B) (1) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, A 24
710	710	PARTY DESCRIBED IN § 15.5–204(A)(1) OF THIS SUBTITLE MAY SEEK PRELIMINARY 25
711	711	RELIEF FOR AN ELECTION HELD IN A LOCAL GOVERNMENT BY FILING AN ACTION 26
712	712	UNDER THIS SECTION WITHIN 120 DAYS BEFORE THE ELECTION. 27
713	713
714	714	(2) THE PARTY SHALL SEND A NOTIFICATION LETTER UNDER § 28
715	715	15.5–205(B)(1) OF THIS SUBTITLE TO THE LOCAL GOVERNMENT . 29
716	716
717	717	(3) IF ANY ACTION IS WITHDRAWN OR DISMISSED BY THE COURT AS 30
718	718	BEING MOOT AS A RESULT OF THE LOCAL GOVERNMENT ’S ENACTMENT OR 31
719	719	IMPLEMENTATION OF A REMEDY OR THE APPROVAL BY THE CIVIL RIGHTS DIVISION 32
720	720	OF A PROPOSED REMEDY, A PARTY MAY ONLY SUBMIT A CLAIM FOR 33
721	721	REIMBURSEMENT OF COSTS UNDER SUBSECTION (A) OF THIS SECTION. 34
722	722	SENATE BILL 878 17
723	723
724	724
725	725	(4) IF PRELIMINARY RELIEF IS SOUGHT UNDER THIS SUBSECTION BY 1
726	726	A PARTY DESCRIBED IN § 15.5–204(A)(1) OF THIS SUBTITLE, THE CIRCUIT COURT 2
727	727	FOR ANNE ARUNDEL COUNTY SHALL GRANT THE RELIEF IF THE COURT 3
728	728	DETERMINES THAT: 4
729	729
730	730	(I) THE PARTY IS MORE LIKELY THAN NOT TO SUCCEED ON THE 5
731	731	MERITS; AND 6
732	732
733	733	(II) IT IS POSSIBLE TO IMPLEMENT AN APPROPRIATE REMEDY 7
734	734	THAT WOULD RESOLVE THE VIOLATION ALLEGED UNDER THIS SECTION BEFORE THE 8
735	735	ELECTION. 9
736	736
737	737	SUBTITLE 3. LANGUAGE ASSISTANCE. 10
738	738
739	739	15.5–301. 11
740	740
741	741	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE STATE BOARD 12
742	742	SHALL DESIGNATE ONE OR MORE LANGUAGES OTHER THAN ENGLISH FOR WHICH 13
743	743	THERE IS A SIGNIFICANT AND SUBSTANTIAL NEED FOR LANGUAGE–RELATED 14
744	744	ASSISTANCE IN A LOCAL GOVERNMENT ELECTION. 15
745	745
746	746	(B) THE STATE BOARD SHALL DETERMINE THAT A SIGNIFICANT AND 16
747	747	SUBSTANTIAL NEED FOR LANGUAGE–RELATED ASSISTANCE EXISTS IN A LOCAL 17
748	748	GOVERNMENT ELECTION IF, BASED ON THE BEST AVAILABLE DATA, INCLUDING 18
749	749	INFORMATION FROM THE U.S. CENSUS BUREAU’S AMERICAN COMMUNITY SURVEY 19
750	750	OR DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE: 20
751	751
752	752	(1) MORE THAN 2%, BUT IN NO INSTANCE FEWER THAN 100 21
753	753	INDIVIDUALS, OF THE VOTING AGE POPULATION OF THE LOCAL GOVERNMENT : 22
754	754
755	755	(I) SPEAK A PARTICULAR LANGUAGE OTHER THAN ENGLISH; 23
756	756
757	757	(II) DOES NOT SPEAK ENGLISH AS THEIR PRIMARY LANGUAGE; 24
758	758	AND 25
759	759
760	760	(III) SPEAKS, READS, OR UNDERSTAND S THE ENGLISH 26
761	761	LANGUAGE LESS THAN “VERY WELL”, AS REPORTED IN AVAILABLE U.S. CENSUS 27
762	762	BUREAU DATA OR DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC 28
763	763	OFFICE; OR 29
764	764
765	765	(2) MORE THAN 4,000 INDIVIDUALS OF THE VOTING AGE POPULATION 30
766	766	OF THE LOCAL GOVERNMENT SPEAK A PARTICULAR LANGUAGE OTHER THAN 31
767	767	ENGLISH AND ARE LIMITED ENGLISH PROFICIENT. 32 18 SENATE BILL 878
768	768
769	769
770	770
771	771	15.5–302. 1
772	772
773	773	(A) ON OR BEFORE JANUARY 1, 2024, AND EVERY 3 YEARS THEREAFTER , 2
774	774	THE STATE BOARD SHALL PUBLISH AND MAINTAIN ON ITS WEBSITE A LIST OF: 3
775	775
776	776	(1) EACH LOCAL GOVERNMENT ELECTION THAT REQUIRES 4
777	777	LANGUAGE–RELATED ASSISTANCE IN A LANGUAGE OTHER THAN ENGLISH; AND 5
778	778
779	779	(2) THE TYPE OF LANGUAGE–RELATED ASSISTANCE THAT IS 6
780	780	REQUIRED TO BE PROVIDED IN THE LOCAL GOVERNMENT ELECTION. 7
781	781
782	782	(B) THE STATE BOARD SHALL DISTRIBUTE THIS LIST TO EACH LOCAL 8
783	783	GOVERNMENT IN TIME TO ALLOW LOCAL GOVERNMENTS TO PROVIDE 9
784	784	LANGUAGE–RELATED ASSISTANCE UNDER § 15.5–303 OF THIS SUBTITLE. 10
785	785
786	786	15.5–303. 11
787	787
788	788	(A) A LOCAL GOVERNMENT THAT ADMINISTERS ELECTIONS SHALL 12
789	789	PROVIDE LANGUAGE–RELATED ASSISTANCE AND MATERIALS IN VOTING AND 13
790	790	ELECTIONS TO LIMITED ENGLISH PROFICIENT VOTERS IN EACH LANGUAGE 14
791	791	DESIGNATED BY THE STATE BOARD UNDER § 15.5–301 OF THIS SUBTITLE FOR THE 15
792	792	LOCAL GOVERNMENT ELECTION. 16
793	793
794	794	(B) WHENEVER THE STATE BOARD DETERMINES THAT 17
795	795	LANGUAGE–RELATED ASSISTANCE SHALL BE PROVIDED IN A LOCAL GOVERNMENT 18
796	796	ELECTION UNDER THIS SECTION, THE LOCAL GOVERNMENT RESPONSIBLE FOR 19
797	797	ADMINISTERING THE ELECTION SHALL PROVIDE COMPETENT ASSISTANCE AND 20
798	798	PHYSICAL AND ONLINE VOTING MATERIALS IN EACH DESIGNATED LANGUAGE 21
799	799	UNDER § 15.5–301 OF THIS SUBTITLE. 22
800	800
801	801	(C) (1) FOR EACH DESIGNATED LANGUAGE UNDER § 15.5–301 OF THIS 23
802	802	SUBTITLE, THE LANGUAGE–RELATED ASSISTANCE AND MATERIALS SHALL INCLUDE: 24
803	803
804	804	(I) REGISTRATION AND VOTING NOTICES; 25
805	805
806	806	(II) ELECTION–RELATED FORMS AND INSTRUCTIONS ; AND 26
807	807
808	808	(III) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 27
809	809	SUBSECTION, BALLOTS AND OTHER MATERIALS OR INFORMATION RELATING TO THE 28
810	810	ELECTORAL PROCESS. 29
811	811
812	812	(2) IN THE CASE OF A LANGUAGE THAT IS ORAL OR UNWRITTEN, THE 30 SENATE BILL 878 19
813	813
814	814
815	815	LOCAL GOVERNMENT MAY PROVIDE ONLY ORAL INSTRUCTIONS , ASSISTANCE, OR 1
816	816	OTHER INFORMATION RELATING TO THE ELECTORAL PROCESS IN THE APPLICABLE 2
817	817	LANGUAGE. 3
818	818
819	819	(D) (1) MATERIALS PROVIDED IN A DESIGNATED LANGUAGE SHALL BE OF 4
820	820	AN EQUAL QUALITY TO THE CORRESPONDING ENGLISH LANGUAGE MATERIALS. 5
821	821
822	822	(2) ALL TRANSLATIONS SHALL CONVEY THE INTENT AND ESSENTIAL 6
823	823	MEANING OF THE ORIGINAL TEXT OR COMMUNICATION AND MAY NOT SOLELY RELY 7
824	824	ON AUTOMATIC ELECTRONIC TRANSLATION SERVICES. 8
825	825
826	826	(3) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, 9
827	827	LANGUAGE–RELATED ASSISTANCE SHALL INCLUDE THE PRESENCE OF BILINGUAL 10
828	828	POLL WORKERS WHERE AVAILABLE. 11
829	829
830	830	15.5–304. 12
831	831
832	832	(A) THE STATE BOARD SHALL ADOPT REGULATIONS THAT ESTABLISH A 13
833	833	REVIEW PROCESS TO DETERMINE WHETHER A SIGNIFICANT AND SUBSTANTIAL 14
834	834	NEED EXISTS FOR A LANGUAGE TO BE DESIGNATED UNDER § 15.5–301 OF THIS 15
835	835	SUBTITLE. 16
836	836
837	837	(B) THE PROCESS ESTABLISHED BY THE STATE BOARD UNDER SUBSECTION 17
838	838	(A) OF THIS SECTION SHALL INCLUDE, AT MINIMUM: 18
839	839
840	840	(1) AN OPPORTUNITY FOR A VOTER OR GROUP OF VOTERS TO 19
841	841	REQUEST THAT THE STATE BOARD CONSIDER DESIGNATING A LANGUAGE UNDER § 20
842	842	15.5–301 OF THIS SUBTITLE; AND 21
843	843
844	844	(2) AN OPPORTUNITY FOR PUBLIC COMMENT. 22
845	845
846	846	(C) ON RECEIPT OF A REQUEST AND CONSIDERATION OF ANY PUBLIC 23
847	847	COMMENT, THE STATE BOARD SHALL DESIGNATE ANY LANGUAGE FOR WHICH IT 24
848	848	DETERMINES THE CRITERIA FOR DESIGNATION ARE MET. 25
849	849
850	850	15.5–305. 26
851	851
852	852	(A) THE FOLLOWING PERSONS MAY FILE AN ACTION UNDER THIS SECTION 27
853	853	IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 28
854	854
855	855	(1) AN AGGRIEVED PERSON; 29
856	856
857	857	(2) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS LIKELY 30 20 SENATE BILL 878
858	858
859	859
860	860	TO INCLUDE AGGRIEVED PERSONS; 1
861	861
862	862	(3) AN ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED BY A 2
863	863	VIOLATION OF THIS SECTION; 3
864	864
865	865	(4) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN ORDER 4
866	866	TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SECTION; OR 5
867	867
868	868	(5) THE STATE BOARD. 6
869	869
870	870	(B) (1) IN THE CASE OF ANY LOCAL GOVERNMENT THAT SEEKS TO 7
871	871	PROVIDE ONLY ENGLISH LANGUAGE MATERIALS DESPITE A DETERMINATION BY 8
872	872	THE STATE BOARD THAT THE LOCAL GOVERNMENT IS REQUIRED TO PROVIDE 9
873	873	LANGUAGE–RELATED ASSISTANCE UNDER THIS SUBTITLE, THE LOCAL 10
874	874	GOVERNMENT MAY FILE AN ACTION AGAINST THE STATE BOARD IN THE CIRCUIT 11
875	875	COURT FOR ANNE ARUNDEL COUNTY SEEKING A DECLARATORY JUDGMENT 12
876	876	ALLOWING THE LOCAL GOVERNMENT TO PROVIDE ONLY ENGLISH LANGUAGE 13
877	877	MATERIALS. 14
878	878
879	879	(2) THE COURT SHALL ENTER THE DECLARATORY JUDGMENT IN 15
880	880	FAVOR OF THE LOCAL GOVERNMENT ONLY IF THE COURT FINDS THAT THE 16
881	881	DETERMINATION BY THE STATE BOARD WAS ARBITRARY AND CAPRICIOUS OR AN 17
882	882	ABUSE OF DISCRETION. 18
883	883
884	884	SUBTITLE 4. PRECLEARANCE . 19
885	885
886	886	15.5–401. 20
887	887
888	888	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
889	889	INDICATED. 22
890	890
891	891	(B) (1) “COVERED JURISDICTION” MEANS ANY LOCAL GOVERNMENT : 23
892	892
893	893	(I) THAT, WITHIN THE IMMEDIATELY PRECEDING 25 YEARS, 24
894	894	HAS BECOME SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT 25
895	895	ACTION BASED ON A FINDING OF A VIOLATION OF THIS TITLE, THE FEDERAL VOTING 26
896	896	RIGHTS ACT, THE 15TH AMENDMENT TO THE U.S. CONSTITUTION, OR A 27
897	897	VOTING–RELATED VIOLATION OF THE 14TH AMENDMENT TO THE U.S. 28
898	898	CONSTITUTION; 29
899	899
900	900	(II) THAT, WITHIN THE IMMEDIATELY PRECEDING 25 YEARS, 30
901	901	HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR GOVERNMENT 31
902	902	ENFORCEMENT ACTIONS BASED ON A FINDING OF A VIOLATION OF A FEDERAL OR 32 SENATE BILL 878 21
903	903
904	904
905	905	STATE CIVIL RIGHTS LAW OR THE 14TH AMENDMENT TO THE U.S. CONSTITUTION 1
906	906	CONCERNING DISCRIMINATION AGAINST MEMBERS OF A PROTECTED CLASS; 2
907	907
908	908	(III) WHERE THE COMBINED MISDEMEANOR AND FELONY 3
909	909	ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS CONSISTING OF AT LEAST 4
910	910	10,000 CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT LEAST 10% OF 5
911	911	THE CITIZEN VOTING AGE POPULATION OF THE LOCAL GOVERNMENT , EXCEEDS THE 6
912	912	PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITIZEN VOTING 7
913	913	AGE POPULATION OF THE LOCAL GOVERNMENT AS A WHOLE BY AT LEAST 20% AT 8
914	914	ANY POINT WITHIN THE IMMEDIATELY PRECEDING 10 YEARS; OR 9
915	915
916	916	(IV) WHERE, BASED ON DATA MADE AVAILABLE BY THE U.S. 10
917	917	BUREAU OF THE CENSUS, THE DISSIMILARITY INDEX OF ANY PROTECTED CLASS 11
918	918	THAT CONSISTS OF AT LEAST 25,000 CITIZENS OF VOTING AGE FOR THE LOCAL 12
919	919	GOVERNMENT OR WHOSE MEMBERS COMPRISE AT LEAST 10% OF THE VOTING AGE 13
920	920	POPULATION OF THE LOCAL GOVERNMENT , HAS BEEN IN EXCESS OF 50 WITH 14
921	921	RESPECT TO THE RACE, COLOR, OR LANGUAGE MINORITY GROUP THAT COMPRISES 15
922	922	A MAJORITY WITHIN THE LOCAL GOVERNMENT AT ANY POINT DURING THE 16
923	923	IMMEDIATELY PRECEDING 10 YEARS. 17
924	924
925	925	(2) “COVERED JURISDICTION” INCLUDES A LOCAL BOARD OF A 18
926	926	COUNTY THAT IS A COVERED JURISDICTION. 19
927	927
928	928	(C) “COVERED POLICY” INCLUDES A NEW OR MODIFIED LOCAL 20
929	929	GOVERNMENT QUALIFICATION FOR ADMISSION AS A VOTER, PREREQUISITE TO 21
930	930	VOTING, OR ANY OF THE FOLLOWING ORDINANCE S, REGULATION S, STANDARD S, 22
931	931	PRACTICES, PROCEDURE S, OR POLICIES CONCERNING :   23
932	932
933	933	(1) A CHANGE TO THE METHOD OF ELECTION OR DATES OF ELECTION 24
934	934	OF MEMBERS OF A GOVERNING BODY OR AN ELECTED SCHOOL BOARD; 25
935	935
936	936	(2) A CHANGE TO THE BOUNDARIES OF ELECTION DISTRICTS OR 26
937	937	WARDS IN THE LOCAL GOVERNMENT , INCLUDING CHANGES MADE UNDER A 27
938	938	DECENNIAL REDISTRICTING MEASURE; 28
939	939
940	940	(3) A CHANGE TO THE FORM OF GOVERNMENT FOR A LOCAL 29
941	941	GOVERNMENT ; 30
942	942
943	943	(4) AN ANNEXATION , AN INCORPORATION , A DISSOLUTION, A 31
944	944	CONSOLIDATION , OR A DIVISION OF A LOCAL GOVERNMENT ; 32
945	945
946	946	(5) A CHANGE TO THE PROCESS OF REMOVAL OF INDIVIDUALS FROM 33
947	947	VOTER REGISTRATION LISTS AND OTHER ACTIVITIES CONCERNING THE 34 22 SENATE BILL 878
948	948
949	949
950	950	CANCELLATION OR DENIAL OF VOTER REGISTRATION ; 1
951	951
952	952	(6) A CHANGE TO THE ASSIGNMENT OF A VOTING PRECINCT, POLLING 2
953	953	PLACE, OR DROP BOX LOCATION, INCLUDING THE RELOCATION OF VOTERS 3
954	954	ASSIGNED TO POLLING PLACES, THE RELOCATION OR REDUCTION OF HOURS OF ANY 4
955	955	POLLING PLACE OR BALLOT DROP BOX, OR THE REDUCTION OR CONSOLIDATION OF 5
956	956	THE NUMBER OF POLLING PLACES OR BALLOT DROP BOXES; 6
957	957
958	958	(7) A CHANGE TO THE PROVISION OF TRANSLATION OR 7
959	959	INTERPRETATION SERVICES TO VOTERS IN ANY LANGUAGE OTHER THAN ENGLISH, 8
960	960	INCLUDING THE CREATION OR DISTRIBUTION OF VOTING MATERIALS IN ANY 9
961	961	LANGUAGE OTHER THAN ENGLISH; 10
962	962
963	963	(8) A CHANGE TO THE PROVISION OF ASSISTANCE TO VOTERS WITH 11
964	964	DISABILITIES, INCLUDING THE CREATION OR DISTRIBUTION OF VOTING MATERIALS 12
965	965	FOR VOTERS WITH DISABILITIES; OR 13
966	966
967	967	(9) ANY ADDITIONAL SUBJECT MATTER THAT THE STATE BOARD, IN 14
968	968	CONSULTATION WITH THE CIVIL RIGHTS DIVISION, MAY IDENTIFY FOR INCLUSION 15
969	969	BY REGULATION IF THE CIVIL RIGHTS DIVISION DETERMINES THAT ANY 16
970	970	QUALIFICATION FOR ADMISSION AS A VOTER, PREREQUISITE TO VOTING, OR ANY 17
971	971	ORDINANCE, REGULATION , STANDARD, PRACTICE, PROCEDURE , OR POLICY 18
972	972	CONCERNING THE SUBJECT MATTER MAY HAVE THE EFFECT OF IMPAIRING OR 19
973	973	DIMINISHING THE RIGHT TO VOTE OF ANY PROTECTED CLASS VOTER.   20
974	974
975	975	(D) “GOVERNMENT ENFORCEMENT ACTION” MEANS A DENIAL OF 21
976	976	ADMINISTRATIVE OR JUDICIAL PRECLEARANCE BY THE STATE OR FEDERAL 22
977	977	GOVERNMENT , PENDING LITIGATION FILED BY A FEDERAL OR STATE ENTITY, A 23
978	978	FINAL JUDGMENT OR ADJUDICATION , A CONSENT DECREE, OR A SIMILAR FORMAL 24
979	979	ACTION. 25
980	980
981	981	(E) “PRECLEARANCE ” MEANS THE REQUIREMENT THAT A LOCAL 26
982	982	GOVERNMENT SUBMIT THE PROPOSED ENACTMENT OR IMPLEMENTATION OF A 27
983	983	COVERED POLICY, IN WRITING, TO THE CIVIL RIGHTS DIVISION OR THE CIRCUIT 28
984	984	COURT FOR ANNE ARUNDEL COUNTY FOR APPROVAL OR DENIAL. 29
985	985
986	986	15.5–402. 30
987	987
988	988	THE ENACTMENT OR IMPLEMENTATION OF A COVERED POLICY BY A COVERED 31
989	989	JURISDICTION IS SUBJECT TO PRECLEARANCE BY: 32
990	990
991	991	(1) THE CIVIL RIGHTS DIVISION, UNDER § 15.5–404 OF THIS 33
992	992	SUBTITLE; OR 34 SENATE BILL 878 23
993	993
994	994
995	995
996	996	(2) THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, UNDER § 1
997	997	15.5–406 OF THIS SUBTITLE.  2
998	998
999	999	15.5–403. 3
1000	1000
1001	1001	(A) WHEN THE CIVIL RIGHTS DIVISION RECEIVES A SUBMISSION OF A 4
1002	1002	COVERED POLICY FOR PRECLEARANCE , THE CIVIL RIGHTS DIVISION SHALL 5
1003	1003	PUBLISH THE SUBMISSION ON ITS WEBSITE AS SOON AS PRACTICABLE , BUT NOT 6
1004	1004	LATER THAN 10 DAYS AFTER RECEIPT OF THE SUBMISSION. 7
1005	1005
1006	1006	(B) (1) AFTER THE PUBLICATION OF A SUBMISSION UNDER SUBSECTION 8
1007	1007	(A) OF THIS SECTION, THERE SHALL BE AN OPPORTUNITY FOR MEMBERS OF THE 9
1008	1008	PUBLIC TO COMMENT AND PROVIDE FEEDBACK ON THE SUBMISSION TO THE CIVIL 10
1009	1009	RIGHTS DIVISION WITHIN THE TIME PERIODS UNDER § 15.5–405 OF THIS SUBTITLE. 11
1010	1010
1011	1011	(2) TO FACILITATE PUBLIC COMMENT, THE CIVIL RIGHTS DIVISION 12
1012	1012	SHALL PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SIGN UP TO 13
1013	1013	RECEIVE NOTIFICATIONS OR ALERTS REGARDING THE SUBMISSION OF A COVERED 14
1014	1014	POLICY FOR PRECLEARANCE .  15
1015	1015
1016	1016	(C) THE CIVIL RIGHTS DIVISION SHALL PUBLICLY POST ITS REPORTS AND 16
1017	1017	DETERMINATIONS UNDER THIS SUBTITLE ON ITS WEBSITE. 17
1018	1018
1019	1019	15.5–404. 18
1020	1020
1021	1021	(A) (1) THE CIVIL RIGHTS DIVISION SHALL REVIEW A COVERED POLICY 19
1022	1022	SUBMITTED FOR PRECLEARANCE UNDER § 15.5–403 OF THIS SUBTITLE. 20
1023	1023
1024	1024	(2) THE CIVIL RIGHTS DIVISION SHALL REVIEW THE PUBLIC 21
1025	1025	COMMENT SUBMITTED WITH THE SUBMISSION OF A COVERED POLICY FOR 22
1026	1026	PRECLEARANCE . 23
1027	1027
1028	1028	(B) (1) FOLLOWING THE REVIEW REQUIRED UNDER SUBSECTION (A) OF 24
1029	1029	THIS SECTION, THE CIVIL RIGHTS DIVISION SHALL PROVIDE A REPORT AND 25
1030	1030	DETERMINATION AS TO WHETHER PRECLEARANCE FOR A COVERED POLICY SHOULD 26
1031	1031	BE APPROVED OR DENIED. 27
1032	1032
1033	1033	(2) THE DETERMINATION UNDER PARAGRAPH (1) OF THIS 28
1034	1034	SUBSECTION SHALL BE MADE WITHIN THE TIME PERIODS UNDER § 15.5–405 OF THIS 29
1035	1035	SUBTITLE. 30
1036	1036
1037	1037	(C) (1) THE COVERED JURISDICTION SHALL BEAR THE BURDEN OF 31 24 SENATE BILL 878
1038	1038
1039	1039
1040	1040	PROOF IN ANY PRECLEARANCE DETERMINATION . 1
1041	1041
1042	1042	(2) THE CIVIL RIGHTS DIVISION MAY REQUEST ADDITIONAL 2
1043	1043	INFORMATION FROM THE COVERED JURISDICTION AT ANY TIME DURING ITS REVIEW 3
1044	1044	TO AID IN DEVELOPING ITS REPORT AND RECOMMENDATION . 4
1045	1045
1046	1046	(3) THE FAILURE OF A COVERED JURISDICTION TO TIMELY COMPLY 5
1047	1047	WITH REASONABLE REQUESTS FOR MORE INFORMATION MAY BE GROUNDS FOR THE 6
1048	1048	DENIAL OF PRECLEARANCE . 7
1049	1049
1050	1050	(D) (1) IN ANY PRECLEARANCE DETERMINATION , THE CIVIL RIGHTS 8
1051	1051	DIVISION SHALL IDENTIFY, IN WRITING, WHETHER IT IS APPROVING OR REJECTING 9
1052	1052	THE COVERED POLICY. 10
1053	1053
1054	1054	(2) (I) THE CIVIL RIGHTS DIVISION MAY, IN ITS DISCRETION, 11
1055	1055	DESIGNATE PRECLEARANCE AS PRELIMINARY . 12
1056	1056
1057	1057	(II) IF THE CIVIL RIGHTS DIVISION DESIGNATES 13
1058	1058	PRECLEARANCE AS PRELIMINARY , THE CIVIL RIGHTS DIVISION MAY DENY 14
1059	1059	PRECLEARANCE WITHIN 60 DAYS FOLLOWING THE RECEIPT OF SUBMISSION OF THE 15
1060	1060	COVERED POLICY.  16
1061	1061
1062	1062	(E) THE CIVIL RIGHTS DIVISION MAY DENY PRECLEARANCE ONLY IF IT 17
1063	1063	DETERMINES THAT THE COVERED POLICY IS MORE LIKELY THAN NOT TO DIMINISH 18
1064	1064	THE OPPORTUNITY OR ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN 19
1065	1065	THE POLITICAL PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE 20
1066	1066	INFLUENCE THE OUTCOME OF ELECTIONS, OR THAT THE COVERED POLICY IS MORE 21
1067	1067	LIKELY THAN NOT TO VIOLATE THIS TITLE. 22
1068	1068
1069	1069	(F) (1) IF THE CIVIL RIGHTS DIVISION GRANTS PRECLEARANCE , THE 23
1070	1070	APPLICABLE COVERED JURISDICTION MAY ENACT OR IMPLEMENT THE COVERED 24
1071	1071	POLICY. 25
1072	1072
1073	1073	(2) IF THE CIVIL RIGHTS DIVISION DENIES PRECLEARANCE , THE 26
1074	1074	DIVISION SHALL INCLUDE ITS OBJECTIONS AND EXPLAIN ITS BASIS FOR THE 27
1075	1075	OBJECTIONS AND THAT THE COVERED POLICY OF THE APPLICABLE JURISDICTION 28
1076	1076	MAY NOT BE ENACTED OR IMPLEMENTED . 29
1077	1077
1078	1078	(3) IF THE CIVIL RIGHTS DIVISION FAILS TO RESPOND WITHIN THE 30
1079	1079	REQUIRED TIME PERIOD UNDER § 15.5–405 OF THIS SUBTITLE, THE COVERED 31
1080	1080	POLICY SHALL BE GRANTED AND THE APPLICABLE JURISDICTION MAY ENACT OR 32
1081	1081	IMPLEMENT THE COVERED POLICY. 33
1082	1082	SENATE BILL 878 25
1083	1083
1084	1084
1085	1085	(G) ANY DENIAL OF PRECLEARANCE UNDER THIS SECTION MAY BE 1
1086	1086	APPEALED TO THE SUPREME COURT OF MARYLAND. 2
1087	1087
1088	1088	15.5–405. 3
1089	1089
1090	1090	(A) (1) THE PERIOD FOR PUBLIC COMMENT SHALL BE 5 BUSINESS DAYS 4
1091	1091	IF A COVERED POLICY CONCERNS THE LOCATION OF POLLING PLACES OR BALLOT 5
1092	1092	DROP BOX LOCATIONS. 6
1093	1093
1094	1094	(2) THE CIVIL RIGHTS DIVISION SHALL REVIEW THE COVERED 7
1095	1095	POLICY, INCLUDING ANY PUBLIC COMMENT, AND MAKE A DETERMINATION TO DENY 8
1096	1096	OR GRANT PRECLEARANCE FOR THE COVERED POLICY WITHIN 15 DAYS FOLLOWING 9
1097	1097	THE RECEIPT OF THE COVERED POLICY. 10
1098	1098
1099	1099	(3) THE CIVIL RIGHTS DIVISION MAY INVOKE AN EXTENSION OF UP 11
1100	1100	TO 20 DAYS TO MAKE A DETERMINATION UNDER THIS SUBSECTION. 12
1101	1101
1102	1102	(B) THE PERIOD FOR PUBLIC COMMENT SHALL BE 20 BUSINESS DAYS IF A 13
1103	1103	COVERED POLICY CONCERNS: 14
1104	1104
1105	1105	(1) THE IMPLEMENTATION OF A DISTRICT–BASED METHOD OF 15
1106	1106	ELECTION OR AN ALTERNATIVE METHOD OF ELECTION; 16
1107	1107
1108	1108	(2) DISTRICTING PLANS; OR 17
1109	1109
1110	1110	(3) A CHANGE TO THE LOCAL GOVERNMENT ’S FORM OF 18
1111	1111	GOVERNMENT . 19
1112	1112
1113	1113	(C) THE PERIOD FOR PUBLIC COMMENT SHALL BE 10 BUSINESS DAYS FOR 20
1114	1114	ANY OTHER COVERED POLICY. 21
1115	1115
1116	1116	(D) (1) FOR A COVERED POLICY DESCRIBED IN SUBSECTION (B) OR (C) OF 22
1117	1117	THIS SECTION, THE CIVIL RIGHTS DIVISION SHALL REVIEW THE COVERED POLICY, 23
1118	1118	INCLUDING ANY PUBLIC COMMENT, AND MAKE A DETERMINATION TO DENY OR 24
1119	1119	GRANT PRECLEARANCE WITHIN 60 DAYS FOLLOWING THE SUBMISSION OF THE 25
1120	1120	COVERED POLICY. 26
1121	1121
1122	1122	(2) THE CIVIL RIGHTS DIVISION MAY INVOKE UP TO TWO 27
1123	1123	EXTENSIONS OF 90 DAYS EACH TO MAKE A DETERMINATION UNDER THIS 28
1124	1124	SUBSECTION.  29
1125	1125
1126	1126	15.5–406. 30
1127	1127	26 SENATE BILL 878
1128	1128
1129	1129
1130	1130	(A) AS AN ALTERNATIVE TO PRECLEARANCE THROUGH THE CIVIL RIGHTS 1
1131	1131	DIVISION UNDER § 15.5–404 OF THIS SUBTITLE, A COVERED JURISDICTION MAY 2
1132	1132	SUBMIT A COVERED POLICY TO THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 3
1133	1133	FOR PRECLEARANCE . 4
1134	1134
1135	1135	(B) TO HAVE A COVERED POLICY BE CONSIDERED FOR PRECLEARANCE 5
1136	1136	UNDER THIS SECTION, THE COVERED JURISDICTION SHALL: 6
1137	1137
1138	1138	(1) SUBMIT, IN WRITING, THE COVERED POLICY TO THE COURT; AND 7
1139	1139
1140	1140	(2) CONTEMPORANEOUSLY TRANSMIT TO THE CIVIL RIGHTS 8
1141	1141	DIVISION A COPY OF THE COVERED POLICY SUBMITTED TO THE COURT UNDER ITEM 9
1142	1142	(1) OF THIS SUBSECTION. 10
1143	1143
1144	1144	(C) FAILURE OF THE COVERED JURISDICTION TO PROVIDE A COPY OF THE 11
1145	1145	POLICY TO THE CIVIL RIGHTS DIVISION UNDER SUBSECTION (B)(2) OF THIS 12
1146	1146	SECTION SHALL RESULT IN AN AUTOMATIC DENIAL OF THE REQUEST FOR 13
1147	1147	PRECLEARANCE . 14
1148	1148
1149	1149	(D) THE COURT SHALL EXERCISE EXCLUSIVE JURISDICTION OVER A 15
1150	1150	SUBMISSION THAT IS IN COMPLIANCE WITH SUBSECTION (B) OF THIS SECTION. 16
1151	1151
1152	1152	(E) THE COVERED JURISDICTION SHALL BEAR THE BURDEN OF PROOF IN 17
1153	1153	THE COURT’S PRECLEARANCE DETERMINATION . 18
1154	1154
1155	1155	(F) THE COURT SHALL GRANT OR DENY PRECLEARANCE WITHIN 60 DAYS 19
1156	1156	FOLLOWING THE RECEIPT OF THE SUBMISSION OF THE COVERED POLICY. 20
1157	1157
1158	1158	(G) THE COURT MAY DENY PRECLEARANCE ONLY IF IT DETERMINES THAT 21
1159	1159	THE COVERED POLICY IS MORE LIKELY THAN NOT TO DIMINISH THE OPPORTUNITY 22
1160	1160	OR ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL 23
1161	1161	PROCESS AND ELECT CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE 24
1162	1162	THE OUTCOME OF ELECTIONS, OR THAT THE COVERED POLICY IS MORE LIKELY 25
1163	1163	THAN NOT TO VIOLATE A PROVISION IN THIS TITLE. 26
1164	1164
1165	1165	(H) (1) IF THE COURT GRANTS PRECLEARANCE , THE APPLICABLE 27
1166	1166	COVERED JURISDICTION MAY ENACT OR IMPLEMENT THE COVERED POLICY. 28
1167	1167
1168	1168	(2) IF THE COURT DENIES PRECLEARANCE , THE COVERED POLICY 29
1169	1169	MAY NOT BE ENACTED OR IMPLEMENTED .  30
1170	1170
1171	1171	(3) IF THE COURT FAILS TO RESPOND WITHIN 60 DAYS, THE COVERED 31
1172	1172	POLICY MAY NOT BE ENACTED OR IMPLEMENTED .  32 SENATE BILL 878 27
1173	1173
1174	1174
1175	1175
1176	1176	(I) (1) A DENIAL UNDER THIS SECTION MAY BE APPEALED IN 1
1177	1177	ACCORDANCE WITH THE ORDINARY RULES OF APPELLATE PROCEDURE . 2
1178	1178
1179	1179	(2) DUE TO THE FREQUENCY AND URGENCY OF ELECTIONS, ACTIONS 3
1180	1180	BROUGHT UNDER THIS SECTION SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND 4
1181	1181	TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFERENCE ON 5
1182	1182	APPEAL.  6
1183	1183
1184	1184	15.5–407. 7
1185	1185
1186	1186	THE FOLLOWING PERSONS MAY FILE AN ACTION IN THE CIRCUIT COURT FOR 8
1187	1187	ANNE ARUNDEL COUNTY TO ENJOIN THE ENACTMENT OR IMPLEMENTATION OF A 9
1188	1188	COVERED POLICY AND SEEK SANCTIONS IF A JURISDICTION ENACTS OR 10
1189	1189	IMPLEMENTS A COVERED POLICY WITHOUT FIRST OBTAINING PRECLEARANCE IN 11
1190	1190	ACCORDANCE WITH THIS SUBTITLE: 12
1191	1191
1192	1192	(1) AN AGGRIEVED PERSON; 13
1193	1193
1194	1194	(2) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS LIKELY 14
1195	1195	TO INCLUDE AGGRIEVED PERSONS; 15
1196	1196
1197	1197	(3) AN ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED BY A 16
1198	1198	VIOLATION OF THIS SUBTITLE; 17
1199	1199
1200	1200	(4) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN ORDER 18
1201	1201	TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SUBTITLE; OR 19
1202	1202
1203	1203	(5) THE CIVIL RIGHTS DIVISION. 20
1204	1204
1205	1205	15.5–408. 21
1206	1206
1207	1207	(A) THE STATE BOARD, IN CONSULTATION WITH THE CIVIL RIGHTS 22
1208	1208	DIVISION, MAY ADOPT REGULATIONS TO CARRY OUT THE PURPOSES OF THIS 23
1209	1209	SUBTITLE. 24
1210	1210
1211	1211	(B) (1) THE STATE BOARD, IN CONSULTATION WITH THE CIVIL RIGHTS 25
1212	1212	DIVISION, MAY ADOPT REGULATIONS FOR AN EXPEDITED, EMERGENCY 26
1213	1213	PRECLEARANCE PROCESS IN THE EVENT OF A COVERED POLICY OCCURRING 27
1214	1214	DURING OR IMMINENTLY PRECEDING AN ELECTION AS A RESULT OF A DISASTER, AN 28
1215	1215	EMERGENCY , OR ANY OTHER EXIGENT CIRCUMSTANCES . 29
1216	1216
1217	1217	(2) (I) AN EXPEDITED OR EMERGENCY PRECLEARANCE GRANTED 30 28 SENATE BILL 878
1218	1218
1219	1219
1220	1220	UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL BE CONSIDERED ONLY 1
1221	1221	PRELIMINARY PRECLEARANCE . 2
1222	1222
1223	1223	(II) THE CIVIL RIGHTS DIVISION MAY SUBSEQUENTLY DENY 3
1224	1224	PRELIMINARY PRECLEARANCE WITHIN 60 DAYS FOLLOWING RECEIPT OF THE 4
1225	1225	COVERED POLICY. 5
1226	1226
1227	1227	15.5–409. 6
1228	1228
1229	1229	A DETERMINATION BY THE CIVIL RIGHTS DIVISION OR THE CIRCUIT COURT 7
1230	1230	FOR ANNE ARUNDEL COUNTY TO GRANT OR DENY PRECLEARANCE TO A COVERED 8
1231	1231	POLICY MAY NOT BE ADMISSIBLE OR OTHERWISE CONSIDERED BY A COURT IN ANY 9
1232	1232	SUBSEQUENT ACTION CHALLENGING THE COVERED POLICY. 10
1233	1233
1234	1234	SUBTITLE 5. STATEWIDE ELECTION DATABASE AND INFORMATION OFFICE. 11
1235	1235
1236	1236	15.5–501. 12
1237	1237
1238	1238	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 13
1239	1239	INDICATED. 14
1240	1240
1241	1241	(B) “DIRECTOR” MEANS THE DIRECTOR OF THE OFFICE. 15
1242	1242
1243	1243	(C) “OFFICE” MEANS THE STATEWIDE ELECTION DATABASE AND 16
1244	1244	INFORMATION OFFICE. 17
1245	1245
1246	1246	15.5–502. 18
1247	1247
1248	1248	THERE IS A STATEWIDE ELECTION DATABASE AND INFORMATION OFFICE IN 19
1249	1249	THE STATE BOARD. 20
1250	1250
1251	1251	15.5–503. 21
1252	1252
1253	1253	THE PURPOSE OF THE OFFICE IS TO ASSIST THE STATE AND LOCAL 22
1254	1254	GOVERNMENTS WITH: 23
1255	1255
1256	1256	(1) EVALUATING WHETHER, AND TO WHAT EXTENT, CURRENT LAWS 24
1257	1257	AND PRACTICES RELATED TO ELECTION ADMINISTRATION ARE CONSISTENT WITH 25
1258	1258	THIS TITLE; 26
1259	1259
1260	1260	(2) IMPLEMENTING BEST PRACTICES IN ELECTION ADMINISTRATION 27
1261	1261	TO FURTHER THE PURPOSES OF THIS TITLE; AND 28
1262	1262	SENATE BILL 878 29
1263	1263
1264	1264
1265	1265	(3) INVESTIGATING ANY POTENTIAL INFRINGEMENT ON THE RIGHT 1
1266	1266	TO VOTE. 2
1267	1267
1268	1268	15.5–504. 3
1269	1269
1270	1270	(A) THE DIRECTOR OF THE OFFICE SHALL: 4
1271	1271
1272	1272	(1) BE APPOINTED BY THE GOVERNOR; 5
1273	1273
1274	1274	(2) AT A MINIMUM, HOLD AN ADVANCED DEGREE FROM AN 6
1275	1275	ACCREDITED COLLEGE OR UNIVERSITY AND HAVE EXPERTISE IN DEMOGRAPHY , 7
1276	1276	STATISTICAL ANALYSIS, AND ELECTORAL SYSTEMS; AND 8
1277	1277
1278	1278	(3) BE AN EMPLOYEE OF THE STATE BOARD. 9
1279	1279
1280	1280	(B) THE DIRECTOR SHALL BE RESPONSIBLE FOR THE OPERATION AND 10
1281	1281	ADMINISTRATION OF THE OFFICE. 11
1282	1282
1283	1283	(C) (1) THE STATE BOARD SHALL PROVIDE THE OFFICE WITH 12
1284	1284	SUFFICIENT STAFF TO PERFORM THE FUNCTIONS OF THIS SUBTITLE. 13
1285	1285
1286	1286	(2) THE DIRECTOR SHALL MANAGE STAFF TO OPERATE AND 14
1287	1287	ADMINISTER THE OFFICE. 15
1288	1288
1289	1289	15.5–505. 16
1290	1290
1291	1291	(A) (1) THE OFFICE SHALL MAINTAIN THE FOLLOWING DATA AND 17
1292	1292	RECORDS IN AN ELECTRONIC FORMAT: 18
1293	1293
1294	1294	(I) ESTIMATES OF TOTAL POPULATION, VOTING AGE 19
1295	1295	POPULATION , AND CITIZEN VOTING AGE POPULATION BY RACE, COLOR, AND 20
1296	1296	LANGUAGE MINORITY GROUP, BROKEN DOWN ANNUALLY TO THE PRECINCT LEVEL 21
1297	1297	FOR EACH LOCAL GOVERNMENT , BASED ON INFORMATION FROM THE U.S. CENSUS 22
1298	1298	BUREAU, INCLUDING FROM THE AMERICAN COMMUNITY SURVEY, OR 23
1299	1299	INFORMATION OF COMPARABLE QUALITY COLLECTED BY A SIMILAR 24
1300	1300	GOVERNMENTAL AGENCY; 25
1301	1301
1302	1302	(II) ELECTION RESULTS AT THE PRECINCT LEVEL FOR STATE 26
1303	1303	AND LOCAL GOVERNMENT ELECTIONS; 27
1304	1304
1305	1305	(III) REGULARLY UPDATED VOTER REGISTRATION LISTS, 28
1306	1306	GEOCODED LOCATIONS FOR EACH REGISTERED VOTER, AND OTHER VOTER 29
1307	1307	RECORDS, INCLUDING VOTER HISTORY FILES FOR EACH ELECTION IN EACH LOCAL 30 30 SENATE BILL 878
1308	1308
1309	1309
1310	1310	GOVERNMENT ; 1
1311	1311
1312	1312	(IV) DISTRICTING PLANS AND PRECINCT BOUNDARIES FOR 2
1313	1313	EACH ELECTION IN EACH LOCAL GOVERNMENT , WHICH SHALL BE PROVIDED IN A 3
1314	1314	SHAPEFILE OR COMPARABLE ELECTRONIC FORMAT; 4
1315	1315
1316	1316	(V) GEOCODED LOCATIONS OF POLLING PLACES AND BALLOT 5
1317	1317	DROP BOXES FOR EACH ELECTION IN EACH LOCAL GOVERNMENT , AND A LIST OR 6
1318	1318	DESCRIPTION OF THE DISTRICTS OR GEOGRAPHIC AREAS SERVED BY EACH POLLING 7
1319	1319	PLACE OR BALLOT DROP BOX LOCATION; AND 8
1320	1320
1321	1321	(VI) ANY OTHER INFORMATION THAT THE DIRECTOR 9
1322	1322	DETERMINES ADVISABLE TO MAINTAIN IN FURTHERANCE OF THE PURPOSES OF THE 10
1323	1323	OFFICE AND THIS TITLE. 11
1324	1324
1325	1325	(2) THE DATA AND RECORDS UNDER PARAGRAPH (1) OF THIS 12
1326	1326	SUBSECTION SHALL, AT A MINIMUM, COVER THE IMMEDIATELY PRECEDING 12 13
1327	1327	YEARS. 14
1328	1328
1329	1329	(B) EXCEPT FOR ANY DATA, INFORMATION , OR ESTIMATES THAT IDENTIFY 15
1330	1330	INDIVIDUAL VOTERS, THE DATA, INFORMATION , AND ESTIMATES MAINTAINED BY 16
1331	1331	THE OFFICE SHALL BE POSTED ON THE STATE BOARD’S WEBSITE AND MADE 17
1332	1332	AVAILABLE TO THE PUBLIC AT NO COST. 18
1333	1333
1334	1334	(C) THE OFFICE SHALL PREPARE ALL DATA USING THE MOST ADVANCED, 19
1335	1335	PEER–REVIEWED, AND VALIDATED METHODOLOGIES . 20
1336	1336
1337	1337	15.5–506. 21
1338	1338
1339	1339	ON THE CERTIFICATION OF ELECTION RESULTS AND THE FINALIZATION OF 22
1340	1340	OTHER VOTER RECORDS, INCLUDING VOTER HISTORY FILES, AFTER EACH LOCAL 23
1341	1341	GOVERNMENT ELECTION, THE ENTITY RESPONSIBLE FOR ADMINISTERING THE 24
1342	1342	LOCAL GOVERNMENT ’S ELECTIONS SHALL TRANSMIT TO THE OFFICE, IN 25
1343	1343	ELECTRONIC FORMAT, COPIES OF THE FOLLOWING: 26
1344	1344
1345	1345	(1) THE ELECTION RESULTS AT THE PRECINCT LEVEL; 27
1346	1346
1347	1347	(2) CONTEMPORANEOUS REGISTRATION LISTS; 28
1348	1348
1349	1349	(3) VOTER RECORDS OR VOTER HISTORY FILES; 29
1350	1350
1351	1351	(4) ELECTION DISTRICT AND PRECINCT BOUNDARIES ; AND 30
1352	1352	SENATE BILL 878 31
1353	1353
1354	1354
1355	1355	(5) LISTS OF POLLING PLACE AND BALLOT DROP BOX LOCATIONS AND 1
1356	1356	LISTS OR DESCRIPTIONS OF THE DISTRICTS OR GEOGRAPHIC AREAS SERVED BY THE 2
1357	1357	LOCATIONS. 3
1358	1358
1359	1359	15.5–507. 4
1360	1360
1361	1361	AT LEAST ONCE EACH YEAR, OR MORE FREQUENTLY ON REQUEST OF THE 5
1362	1362	DIRECTOR, ANY STATE ENTITY IDENTIFIED BY THE DIRECTOR AS POSSESSING 6
1363	1363	DATA, STATISTICS, OR OTHER INFORMATION THE DIRECTOR REQUIRES TO CARRY 7
1364	1364	OUT THE DIRECTOR’S RESPONSIBILITIES UNDER THIS SUBTITLE SHALL PROVIDE 8
1365	1365	THE DATA, STATISTICS, OR INFORMATION TO THE DIRECTOR. 9
1366	1366
1367	1367	15.5–508. 10
1368	1368
1369	1369	THE DIRECTOR MAY PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO 11
1370	1370	LOCAL GOVERNMENTS , RESEARCHERS , AND MEMBERS OF THE PUBLIC SEEKING TO 12
1371	1371	USE THE RESOURCES OF THE STATEWIDE DATABASE. 13
1372	1372
1373	1373	SUBTITLE 6. PROHIBITION OF VOTER INTIMIDATION AND OBSTRUCTION. 14
1374	1374
1375	1375	15.5–601. 15
1376	1376
1377	1377	(A) A PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, 16
1378	1378	MAY NOT ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT 17
1379	1379	INTERFERE WITH AN INDIVIDUAL’S RIGHT TO VOTE. 18
1380	1380
1381	1381	(B) THE FOLLOWING SHALL CONSTITUTE A VIOLATION OF SUBSECTION (A) 19
1382	1382	OF THIS SECTION: 20
1383	1383
1384	1384	(1) THE USE OF FORCE OR THREATS TO USE FORCE, OR THE USE OF 21
1385	1385	ANY OTHER CONDUCT TO PRACTICE INTIMIDATION THAT CAUSES OR WILL 22
1386	1386	REASONABLY HAVE THE EFFECT OF CAUSING INTERFERENCE WITH AN 23
1387	1387	INDIVIDUAL’S RIGHT TO VOTE; 24
1388	1388
1389	1389	(2) THE KNOWING USE OF A DECEPTIVE OR FRAUDULENT DEVICE, 25
1390	1390	CONTRIVANCE , OR COMMUNICATION THAT CAUSES OR WILL REASONABLY HAVE THE 26
1391	1391	EFFECT OF CAUSING INTERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE; OR 27
1392	1392
1393	1393	(3) THE OBSTRUCT ION OF, IMPEDIMENT TO, OR OTHER 28
1394	1394	INTERFERE NCE WITH ACCESS TO A POLLING PLACE, A BALLOT DROP BOX, OR AN 29
1395	1395	OFFICE OR A PLACE OF BUSINESS OF AN ELECTION OFFICIAL OR A VOTER OR AN 30
1396	1396	ELECTION OFFICIAL IN A MANNER THAT CAUSES OR WILL REASONABLY HAVE THE 31
1397	1397	EFFECT OF CAUSING INTERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE OR 32 32 SENATE BILL 878
1398	1398
1399	1399
1400	1400	ANY DELAY IN VOTING OR THE VOTING PROCESS. 1
1401	1401
1402	1402	(C) THE FOLLOWING PERSONS MAY FILE AN ACTION ALLEGING A VIOLATION 2
1403	1403	OF THIS SECTION IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY: 3
1404	1404
1405	1405	(1) AN AGGRIEVED PERSON; 4
1406	1406
1407	1407	(2) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS LIKELY 5
1408	1408	TO INCLUDE AGGRIEVED PERSONS; 6
1409	1409
1410	1410	(3) AN ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED BY A 7
1411	1411	VIOLATION OF THIS SECTION; 8
1412	1412
1413	1413	(4) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN ORDER 9
1414	1414	TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SECTION; OR 10
1415	1415
1416	1416	(5) THE CIVIL RIGHTS DIVISION. 11
1417	1417
1418	1418	(D) (1) (I) IF THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY 12
1419	1419	FINDS A VIOLATION OF THIS SECTION, THE COURT SHALL ORDER APPROPRIATE 13
1420	1420	REMEDIES THAT ARE TAILORED TO ADDRESS THE VIOLATION. 14
1421	1421
1422	1422	(II) THE REMEDIES ORDERED UNDER SUBPARAGRAPH (I) OF 15
1423	1423	THIS PARAGRAPH MAY INCLUDE PROVIDING FOR ADDITIONAL TIME TO VOTE 16
1424	1424	DURING AN ELECTION. 17
1425	1425
1426	1426	(2) A PERSON WHO VIOLATES THIS SECTION OR WHO AIDS IN THE 18
1427	1427	VIOLATION OF THIS SECTION SHALL BE LIABLE FOR ANY DAMAGES AWARDED BY THE 19
1428	1428	COURT, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION AND COMPENSATORY 20
1429	1429	OR PUNITIVE DAMAGES FOR ANY WILLFUL VIOLATION. 21
1430	1430
1431	1431	SUBTITLE 7. JURISDICTION AND PROCEEDINGS . 22
1432	1432
1433	1433	15.5–701. 23
1434	1434
1435	1435	IN ANY ACTION OR INVESTIGATION TO ENFORCE THIS TITLE, THE CIVIL 24
1436	1436	RIGHTS DIVISION MAY: 25
1437	1437
1438	1438	(1) EXAMINE WITNESSES; 26
1439	1439
1440	1440	(2) RECEIVE ORAL AND DOCUMENTARY EVIDENCE; 27
1441	1441
1442	1442	(3) DETERMINE MATERIAL FACTS; AND 28 SENATE BILL 878 33
1443	1443
1444	1444
1445	1445
1446	1446	(4) ISSUE SUBPOENAS IN ACCORDANCE WITH THE ORDINARY RULES 1
1447	1447	OF CIVIL PROCEDURE . 2
1448	1448
1449	1449	15.5–702. 3
1450	1450
1451	1451	(A) ACTIONS BROUGHT UNDER THIS TITLE SHALL BE SUBJECT TO 4
1452	1452	EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC 5
1453	1453	CALENDAR PREFERENCE . 6
1454	1454
1455	1455	(B) IF A PARTY SEEKS PRELIMINARY RELIEF ALLEGING A VIOLATION OF 7
1456	1456	THIS TITLE THAT RELATES TO AN UPCOMING ELECTION, THE CIRCUIT COURT FOR 8
1457	1457	ANNE ARUNDEL COUNTY SHALL GRANT RELIEF IF IT DETERMINES THAT: 9
1458	1458
1459	1459	(1) THE PARTY IS MORE LIKELY THAN NOT TO SUCCEED ON THE 10
1460	1460	MERITS; AND 11
1461	1461
1462	1462	(2) IT IS POSSIBLE TO IMPLEMENT AN APPROPRIATE REMEDY THAT 12
1463	1463	WOULD RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION. 13
1464	1464
1465	1465	SUBTITLE 8. COSTS AND FEES. 14
1466	1466
1467	1467	15.5–801. 15
1468	1468
1469	1469	(A) EXCEPT AS PROVIDED IN SUBSECTION (B)(2) OF THIS SECTION, IN AN 16
1470	1470	ACTION TO ENFORCE THIS TITLE, THE CIRCUIT COURT FOR ANNE ARUNDEL 17
1471	1471	COUNTY SHALL AWARD REASONABLE ATTORNEY’S FEES AND LITIGATION COSTS, 18
1472	1472	INCLUDING EXPERT WITNESS FEES AND EXPENSES TO THE PARTY THAT PREVAILED 19
1473	1473	IN THE ACTION. 20
1474	1474
1475	1475	(B) (1) IF THE STATE OR LOCAL GOVERNMENT IS AN OPPOSING PARTY, A 21
1476	1476	PARTY WILL BE DEEMED TO HAVE PREVAILED IN AN ACTION WHEN, AS A RESULT OF 22
1477	1477	THE ACTION, THE STATE OR LOCAL GOVERNMENT YIELDS SOME OR ALL OF THE 23
1478	1478	RELIEF SOUGHT IN THE ACTION. 24
1479	1479
1480	1480	(2) IF THE STATE OR LOCAL GOVERNMENT PREVAILS IN AN ACTION 25
1481	1481	UNDER THIS TITLE, THE COURT MAY NOT AWARD THE STATE OR LOCAL 26
1482	1482	GOVERNMENT ANY COSTS UNLESS THE COURT FINDS THE ACTION TO BE 27
1483	1483	FRIVOLOUS, UNREASONABLE , OR WITHOUT FOUNDATION . 28
1484	1484
1485	1485	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 29
1486	1486	measure, is necessary for the immediate preservation of the public health or safety, has 30
1487	1487	been passed by a yea and nay vote supported by three–fifths of all the members elected to 31
1488	1488	each of the two Houses of the General Assembly, and shall take effect from the date it is 32 34 SENATE BILL 878
1489	1489
1490	1490
1491	1491	enacted. 1
1492	1492