EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0089*
SENATE BILL 89
G1 3lr0735
(PRE–FILED) CF 3lr1282
By: Senator Carter
Requested: November 11, 2022
Introduced and read first time: January 11, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Elections – Ballot Questions – Publication of Proposed Laws 2
FOR the purpose of requiring the State Board of Elections and each applicable local board 3
of elections to post the complete text of certain proposed language or enactments 4
relating to certain ballot questions for at least a certain period of time before the 5
general election; prohibiting the questions from appearing on the ballot unless the 6
proposed language or the enactment has been written; and generally relating to 7
ballot questions. 8
BY repealing and reenacting, with amendments, 9
Article – Election Law 10
Section 7–102 and 7–105 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2022 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Election Law 16
7–102. 17
(a) (1) A question relating to the holding of a constitutional convention 18
qualifies for the ballot automatically every 20 years pursuant to Article XIV, § 2 of the 19
Maryland Constitution. 20
(2) A question relating to the adoption of a new or altered Constitution 21
qualifies upon its adoption by a duly constituted convention pursuant to Article XIV, § 2 of 22
the Maryland Constitution. 23
2 SENATE BILL 89
(3) An amendment to the Constitution qualifies upon its passage by the 1
General Assembly pursuant to Article XIV, § 1 of the Maryland Constitution. 2
(b) A question on an act of the General Assembly pursuant to Article XVI of the 3
Maryland Constitution qualifies upon the certification under Title 6 of this article, that the 4
petition has satisfied all the requirements established by Article XVI. 5
(c) (1) A question relating to the creation of a home rule county government 6
qualifies upon either: 7
(i) a determination by the appropriate local authority that the 8
applicable petition has satisfied all the requirements established by law relating to the 9
creation of a charter board; or 10
(ii) the adoption by the governing body of a county of an enactment 11
proposing that the county become a code county. 12
(2) A question relating to the approval of a county charter qualifies upon 13
the adoption of a proposed charter by a charter board pursuant to the requirements 14
prescribed by Article XI–A of the Maryland Constitution. 15
(3) A question relating to the amendment of a county charter shall qualify 16
either upon: 17
(i) the passage by the governing body of the county of a resolution 18
proposing the amendment; or 19
(ii) a determination by the governing body of the county that a 20
petition submitted has satisfied all the requirements established by law relating to 21
petitions initiating charter amendments. 22
(d) A question relating to the creation of a new county or the alteration of county 23
boundaries qualifies upon the enactment of the implementing public general law. 24
(e) A question referred to the voters as provided in an enactment of the General 25
Assembly qualifies upon the enactment of the law calling for the question. 26
(f) (1) A question on an enactment by a charter county qualifies pursuant to 27
local law and § 9–205 of the Local Government Article. 28
(2) A question on an enactment by a code county qualifies pursuant to local 29
law and §§ 9–310 through 9–313 of the Local Government Article. 30
(g) A question relating to the incorporation of a new municipal corporation 31
qualifies upon the determination by the county governing body that the applicable petition 32
has satisfied all the requirements established by law for that petition. 33
SENATE BILL 89 3
(h) A referendum on a question of issuance of a bond pursuant to § 9–934 of the 1
Environment Article qualifies upon submission of the question to the appropriate local 2
board. 3
(I) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF § 7–105(E) OF 4
THIS TITLE REQUIRES THAT PROPOSED LANGUAGE OR AN ENACTMENT RELATED TO 5
A QUESTION BE POSTED , THE QUESTION MAY NOT APP EAR ON THE BALLOT UN LESS 6
THE PROPOSED LANGUAGE OR THE ENACTMENT HAS BEEN WRITTEN . 7
7–105. 8
(a) A local board shall provide notice of each question to be submitted statewide 9
and each question to be submitted to the voters of the county, by: 10
(1) specimen ballot mailed at least 1 week before any early voting period 11
before the general election; or 12
(2) publication or dissemination by mass communication during the 3 13
weeks immediately preceding the general election at which a question will appear on the 14
ballot. 15
(b) (1) For any question submitted under Article XIV or Article XVI of the 16
Maryland Constitution, the notice required by subsection (a) of this section shall contain 17
the information specified in § 7–103(b) of this title and a brief statement, prepared in clear 18
and concise language, devoid of technical and legal terms to the extent practicable, 19
summarizing the question. 20
(2) The statement required under paragraph (1) of this subsection shall be: 21
(i) prepared by the Department of Legislative Services; 22
(ii) approved by the Attorney General; and 23
(iii) submitted to the State Board by the first Monday in August. 24
(3) The statement required under paragraph (1) of this subsection is 25
sufficient if it is: 26
(i) contained in an enactment by the General Assembly, and the 27
enactment clearly specifies that the statement is to be used on the ballot; or 28
(ii) consistent with some other process mandated by the Maryland 29
Constitution. 30
(c) The State Board shall adopt regulations governing notice of questions to 31
appear on the ballot, including the use and content of specimen ballots and the publication 32
or dissemination of notice by mass communication. 33 4 SENATE BILL 89
(d) (1) The complete text of a question shall be posted or available for public 1
inspection in the office of the State Board and each applicable local board for 65 days prior 2
to the general election. 3
(2) Copies of the complete text of all statewide questions shall be furnished 4
by the State Board to the local boards in quantities as determined by the State Board, 5
including quantities sufficient to provide one copy of each for posting in each polling place 6
and in each local board office. 7
(3) An individual may receive without charge a copy of the complete text of 8
all constitutional amendments and questions from a local board, either in person, by mail, 9
or electronically. 10
(E) THE STATE BOARD AND EACH APPLIC ABLE LOCAL BOARD SHA LL POST 11
IN A MANNER WIDELY A CCESSIBLE TO THE PUB LIC FOR AT LEAST 65 DAYS BEFORE 12
THE GENERAL ELECTION THE COMPLETE TEXT OF: 13
(1) FOR A QUESTION RELAT ING TO THE CREATION OR ADOPTION OF A 14
NEW CONSTITUTION, THE PROPOSED CONSTITUTION; 15
(2) FOR AN AMENDMENT PUR SUANT TO ARTICLE XIV OF THE 16
MARYLAND CONSTITUTION, THE PROPOSED AMENDME NT TO THE MARYLAND 17
CONSTITUTION; 18
(3) FOR AN ENACTMENT OF THE GENERAL ASSEMBLY REFERRED 19
PURSUANT TO ARTICLE XVI OF THE MARYLAND CONSTITUTION, THE ENACTMENT ; 20
(4) FOR A PROPOSED COUNTY CHARTER OR AM ENDMENT TO A 21
COUNTY CHARTER PURSU ANT TO ARTICLE XI–A OF THE MARYLAND 22
CONSTITUTION: 23
(I) THE PROPOSED CHARTER ; OR 24
(II) THE PROPOSED AMENDME NT TO A COUNTY CHART ER; 25
(5) FOR AN ENA CTMENT OF THE GENERAL ASSEMBLY REFERRING A 26
QUESTION TO THE VOTE RS, THE ENACTMENT ; AND 27
(6) FOR A CHARTER COUNTY ENACTMENT PURSUANT T O § 9–205 OF 28
THE LOCAL GOVERNMENT ARTICLE OR A CODE COU NTY ENACTMENT PURSUA NT TO 29
§§ 9–310 THROUGH 9–313 OF THE LOCAL GOVERNMENT ARTICLE, THE PROPOSED 30
ENACTMENT . 31
SENATE BILL 89 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2