Maryland 2023 Regular Session

Maryland Senate Bill SB89 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	sb0089
6	6
7	7	SENATE BILL 89
8	8	G1 3lr0735
9	9	(PRE–FILED) CF 3lr1282
10	10	By: Senator Carter
11	11	Requested: November 11, 2022
12	12	Introduced and read first time: January 11, 2023
13	13	Assigned to: Education, Energy, and the Environment
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Elections – Ballot Questions – Publication of Proposed Laws 2
20	20
21	21	FOR the purpose of requiring the State Board of Elections and each applicable local board 3
22	22	of elections to post the complete text of certain proposed language or enactments 4
23	23	relating to certain ballot questions for at least a certain period of time before the 5
24	24	general election; prohibiting the questions from appearing on the ballot unless the 6
25	25	proposed language or the enactment has been written; and generally relating to 7
26	26	ballot questions. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – Election Law 10
30	30	Section 7–102 and 7–105 11
31	31	Annotated Code of Maryland 12
32	32	(2022 Replacement Volume and 2022 Supplement) 13
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35	35	That the Laws of Maryland read as follows: 15
36	36
37	37	Article – Election Law 16
38	38
39	39	7–102. 17
40	40
41	41	(a) (1) A question relating to the holding of a constitutional convention 18
42	42	qualifies for the ballot automatically every 20 years pursuant to Article XIV, § 2 of the 19
43	43	Maryland Constitution. 20
44	44
45	45	(2) A question relating to the adoption of a new or altered Constitution 21
46	46	qualifies upon its adoption by a duly constituted convention pursuant to Article XIV, § 2 of 22
47	47	the Maryland Constitution. 23
48	48	2 SENATE BILL 89
49	49
50	50
51	51	(3) An amendment to the Constitution qualifies upon its passage by the 1
52	52	General Assembly pursuant to Article XIV, § 1 of the Maryland Constitution. 2
53	53
54	54	(b) A question on an act of the General Assembly pursuant to Article XVI of the 3
55	55	Maryland Constitution qualifies upon the certification under Title 6 of this article, that the 4
56	56	petition has satisfied all the requirements established by Article XVI. 5
57	57
58	58	(c) (1) A question relating to the creation of a home rule county government 6
59	59	qualifies upon either: 7
60	60
61	61	(i) a determination by the appropriate local authority that the 8
62	62	applicable petition has satisfied all the requirements established by law relating to the 9
63	63	creation of a charter board; or 10
64	64
65	65	(ii) the adoption by the governing body of a county of an enactment 11
66	66	proposing that the county become a code county. 12
67	67
68	68	(2) A question relating to the approval of a county charter qualifies upon 13
69	69	the adoption of a proposed charter by a charter board pursuant to the requirements 14
70	70	prescribed by Article XI–A of the Maryland Constitution. 15
71	71
72	72	(3) A question relating to the amendment of a county charter shall qualify 16
73	73	either upon: 17
74	74
75	75	(i) the passage by the governing body of the county of a resolution 18
76	76	proposing the amendment; or 19
77	77
78	78	(ii) a determination by the governing body of the county that a 20
79	79	petition submitted has satisfied all the requirements established by law relating to 21
80	80	petitions initiating charter amendments. 22
81	81
82	82	(d) A question relating to the creation of a new county or the alteration of county 23
83	83	boundaries qualifies upon the enactment of the implementing public general law. 24
84	84
85	85	(e) A question referred to the voters as provided in an enactment of the General 25
86	86	Assembly qualifies upon the enactment of the law calling for the question. 26
87	87
88	88	(f) (1) A question on an enactment by a charter county qualifies pursuant to 27
89	89	local law and § 9–205 of the Local Government Article. 28
90	90
91	91	(2) A question on an enactment by a code county qualifies pursuant to local 29
92	92	law and §§ 9–310 through 9–313 of the Local Government Article. 30
93	93
94	94	(g) A question relating to the incorporation of a new municipal corporation 31
95	95	qualifies upon the determination by the county governing body that the applicable petition 32
96	96	has satisfied all the requirements established by law for that petition. 33
97	97	SENATE BILL 89 3
98	98
99	99
100	100	(h) A referendum on a question of issuance of a bond pursuant to § 9–934 of the 1
101	101	Environment Article qualifies upon submission of the question to the appropriate local 2
102	102	board. 3
103	103
104	104	(I) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF § 7–105(E) OF 4
105	105	THIS TITLE REQUIRES THAT PROPOSED LANGUAGE OR AN ENACTMENT RELATED TO 5
106	106	A QUESTION BE POSTED , THE QUESTION MAY NOT APP EAR ON THE BALLOT UN LESS 6
107	107	THE PROPOSED LANGUAGE OR THE ENACTMENT HAS BEEN WRITTEN . 7
108	108
109	109	7–105. 8
110	110
111	111	(a) A local board shall provide notice of each question to be submitted statewide 9
112	112	and each question to be submitted to the voters of the county, by: 10
113	113
114	114	(1) specimen ballot mailed at least 1 week before any early voting period 11
115	115	before the general election; or 12
116	116
117	117	(2) publication or dissemination by mass communication during the 3 13
118	118	weeks immediately preceding the general election at which a question will appear on the 14
119	119	ballot. 15
120	120
121	121	(b) (1) For any question submitted under Article XIV or Article XVI of the 16
122	122	Maryland Constitution, the notice required by subsection (a) of this section shall contain 17
123	123	the information specified in § 7–103(b) of this title and a brief statement, prepared in clear 18
124	124	and concise language, devoid of technical and legal terms to the extent practicable, 19
125	125	summarizing the question. 20
126	126
127	127	(2) The statement required under paragraph (1) of this subsection shall be: 21
128	128
129	129	(i) prepared by the Department of Legislative Services; 22
130	130
131	131	(ii) approved by the Attorney General; and 23
132	132
133	133	(iii) submitted to the State Board by the first Monday in August. 24
134	134
135	135	(3) The statement required under paragraph (1) of this subsection is 25
136	136	sufficient if it is: 26
137	137
138	138	(i) contained in an enactment by the General Assembly, and the 27
139	139	enactment clearly specifies that the statement is to be used on the ballot; or 28
140	140
141	141	(ii) consistent with some other process mandated by the Maryland 29
142	142	Constitution. 30
143	143
144	144	(c) The State Board shall adopt regulations governing notice of questions to 31
145	145	appear on the ballot, including the use and content of specimen ballots and the publication 32
146	146	or dissemination of notice by mass communication. 33 4 SENATE BILL 89
147	147
148	148
149	149
150	150	(d) (1) The complete text of a question shall be posted or available for public 1
151	151	inspection in the office of the State Board and each applicable local board for 65 days prior 2
152	152	to the general election. 3
153	153
154	154	(2) Copies of the complete text of all statewide questions shall be furnished 4
155	155	by the State Board to the local boards in quantities as determined by the State Board, 5
156	156	including quantities sufficient to provide one copy of each for posting in each polling place 6
157	157	and in each local board office. 7
158	158
159	159	(3) An individual may receive without charge a copy of the complete text of 8
160	160	all constitutional amendments and questions from a local board, either in person, by mail, 9
161	161	or electronically. 10
162	162
163	163	(E) THE STATE BOARD AND EACH APPLIC ABLE LOCAL BOARD SHA LL POST 11
164	164	IN A MANNER WIDELY A CCESSIBLE TO THE PUB LIC FOR AT LEAST 65 DAYS BEFORE 12
165	165	THE GENERAL ELECTION THE COMPLETE TEXT OF: 13
166	166
167	167	(1) FOR A QUESTION RELAT ING TO THE CREATION OR ADOPTION OF A 14
168	168	NEW CONSTITUTION, THE PROPOSED CONSTITUTION; 15
169	169
170	170	(2) FOR AN AMENDMENT PUR SUANT TO ARTICLE XIV OF THE 16
171	171	MARYLAND CONSTITUTION, THE PROPOSED AMENDME NT TO THE MARYLAND 17
172	172	CONSTITUTION; 18
173	173
174	174	(3) FOR AN ENACTMENT OF THE GENERAL ASSEMBLY REFERRED 19
175	175	PURSUANT TO ARTICLE XVI OF THE MARYLAND CONSTITUTION, THE ENACTMENT ; 20
176	176
177	177	(4) FOR A PROPOSED COUNTY CHARTER OR AM ENDMENT TO A 21
178	178	COUNTY CHARTER PURSU ANT TO ARTICLE XI–A OF THE MARYLAND 22
179	179	CONSTITUTION: 23
180	180
181	181	(I) THE PROPOSED CHARTER ; OR 24
182	182
183	183	(II) THE PROPOSED AMENDME NT TO A COUNTY CHART ER; 25
184	184
185	185	(5) FOR AN ENA CTMENT OF THE GENERAL ASSEMBLY REFERRING A 26
186	186	QUESTION TO THE VOTE RS, THE ENACTMENT ; AND 27
187	187
188	188	(6) FOR A CHARTER COUNTY ENACTMENT PURSUANT T O § 9–205 OF 28
189	189	THE LOCAL GOVERNMENT ARTICLE OR A CODE COU NTY ENACTMENT PURSUA NT TO 29
190	190	§§ 9–310 THROUGH 9–313 OF THE LOCAL GOVERNMENT ARTICLE, THE PROPOSED 30
191	191	ENACTMENT . 31
192	192	SENATE BILL 89 5
193	193
194	194
195	195	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
196	196	October 1, 2023. 2