EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0660*
SENATE BILL 660
G1 4lr1385
CF 4lr1495
By: Senator Sydnor
Introduced and read first time: January 29, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Maryland Voting Rights Act of 2024 – Counties and Municipalities 2
FOR the purpose of prohibiting local governments from denying or impairing the right of a 3
protected class member to vote; requiring the Attorney General to approve or deny 4
proposed local government remedies to address certain violations; establishing 5
requirements on the State Board of Elections and local governments related to the 6
provision of language–related assistance in local government elections; requiring the 7
Attorney General or the Circuit Court for Anne Arundel County to review and grant 8
preclearance to certain policies before enactment or implementation; prohibiting acts 9
of intimidation or obstruction that interfere with the right to vote; requiring the 10
State Board to conduct a certain needs assessment and award certain grants; 11
establishing the Voting Rights Act Implementation Grant Fund as a nonlapsing 12
special fund; requiring the interest earnings of the Fund to be credited to the Fund; 13
and generally relating to voting rights in counties and municipalities. 14
BY adding to 15
Article – Election Law 16
Section 15.5–101 through 15.5–703 to be under the new title “Title 15.5. Voting 17
Rights Act – Counties and Municipalities” 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – State Finance and Procurement 22
Section 6–226(a)(2)(i) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Finance and Procurement 27
Section 6–226(a)(2)(ii)189. and 190. 28 2 SENATE BILL 660
Annotated Code of Maryland 1
(2021 Replacement Volume and 2023 Supplement) 2
BY adding to 3
Article – State Finance and Procurement 4
Section 6–226(a)(2)(ii)191. 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2023 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Election Law 10
TITLE 15.5. VOTING RIGHTS ACT – COUNTIES AND MUNICIPALITIES. 11
SUBTITLE 1. DEFINITIONS AND GENERAL PROVISIONS. 12
15.5–101. 13
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 14
INDICATED UNLESS A D IFFERENT MEANING IS CLEARLY INTENDED FRO M THE 15
CONTEXT. 16
(B) (1) “ALTERNATIVE METHOD OF ELECTION” MEANS A METHOD OF 17
ELECTING CANDIDATES TO THE GOVERNING BODY OF A LOCAL GOVERNMEN T OTHER 18
THAN AN AT–LARGE METHOD OF ELEC TION OR A DISTRICT –BASED METHOD OF 19
ELECTION. 20
(2) “ALTERNATIVE METHOD OF ELECTION” INCLUDES 21
PROPORTIONAL RANKED –CHOICE VOTING , CUMULATIVE VOTING , AND LIMITED 22
VOTING. 23
(C) (1) “AT–LARGE METHOD O F ELECTION” MEANS A METHOD OF 24
ELECTING CANDIDATES TO THE GOVERNING BODY OF A LOCAL GOVERNMEN T IN 25
WHICH THE CANDIDATES ARE VOTED ON BY ALL VOTERS OF THE LOCAL 26
GOVERNMENT . 27
(2) “AT–LARGE METHOD OF ELEC TION” INCLUDES A METHOD OF 28
ELECTION THAT COMBIN ES AT–LARGE AND DISTRICT –BASED ELECTIONS . 29
(3) “AT–LARGE METHOD OF ELEC TION” DOES NOT INCLUDE AN 30
ALTERNATIVE METHOD O F ELECTION. 31
SENATE BILL 660 3
(D) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE 1
OFFICE OF THE ATTORNEY GENERAL. 2
(E) “COURT” MEANS THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. 3
(F) “DISPARITY” MEANS VARIANCE THAT IS SUPPORTED BY VALI DATED 4
METHODOLOGIES AND , WHERE RELEVANT , IS STATISTICALLY SIG NIFICANT. 5
(G) “DISTRICT–BASED METHOD OF ELEC TION” MEANS A METHOD OF 6
ELECTING CANDIDATES TO THE GOVERNING BODY OF A LOCAL GOVERNMEN T IN 7
WHICH, FOR LOCAL GOVERNMENT S DIVIDED INTO DISTR ICTS, A CANDIDATE FOR 8
ANY DISTRICT IS REQU IRED TO RESIDE IN TH E DISTRICT AND CANDI DATES 9
REPRESENTING OR SEEK ING TO REPRESENT THE DISTRICT ARE VOTED O N BY ONLY 10
THE VOTERS OF THE DI STRICT. 11
(H) “FEDERAL VOTING RIGHTS ACT” MEANS THE FEDERAL VOTING 12
RIGHTS ACT OF 1965. 13
(I) “GOVERNING BODY” MEANS: 14
(1) FOR BALTIMORE CITY, THE CITY COUNCIL OF BALTIMORE CITY; 15
(2) FOR A CHARTER COUNTY , THE COUNTY COUNCIL ; 16
(3) FOR A CODE HOME RULE COUNTY, THE COUNTY COMMISSIO NERS; 17
(4) FOR A COMMISSION COU NTY, THE COUNTY COMMISSIO NERS; 18
(5) FOR A MUNICIPALITY , THE REPRESENTATIVE B ODY PROVIDED 19
UNDER THE MUNICIPAL CHARTER; AND 20
(6) FOR A COUNTY BOARD O F EDUCATION , THE ELECTED VOTING 21
MEMBERS OF T HE COUNTY BOARD OF E DUCATION. 22
(J) “LIMITED ENGLISH PROFICIENT” MEANS THAT AN INDIVI DUAL SPEAKS, 23
READS, OR UNDERSTANDS ENGLISH LESS THAN “VERY WELL” AS REPORTED IN U.S. 24
CENSUS BUREAU DATA OR DATA O F COMPARABLE QUALITY COLLECTED BY A 25
PUBLIC OFFICE. 26
(K) “LOCAL GOVERNMENT ” MEANS: 27
(1) A MUNICIPALITY OR CO UNTY, AS THOSE TERMS ARE D EFINED IN § 28
1–101 OF THE LOCAL GOVERNMENT ARTICLE; OR 29 4 SENATE BILL 660
(2) A COUNTY BOARD OF ED UCATION, AS DEFINED IN § 1–101 OF THE 1
EDUCATION ARTICLE. 2
(L) (1) “METHOD OF ELECTION ” MEANS A METHOD BY WH ICH 3
CANDIDATES ARE ELECT ED TO THE GOVERNING BODY OF A LOCAL GOVE RNMENT. 4
(2) “METHOD OF ELECTION ” INCLUDES: 5
(I) AN AT–LARGE METHOD OF ELEC TION; 6
(II) A DISTRICT–BASED METHOD OF ELEC TION, INCLUDING THE 7
CONFIGURATION OF ANY DIST RICTS USED TO ELECT CANDIDATES TO THE 8
GOVERNING BODY OF A LOCAL GOVERNMEN T; OR 9
(III) AN ALTERNATIVE METHOD OF ELECTION. 10
(M) “PROTECTED CLASS ” MEANS A CLASS OF CIT IZENS WHO ARE MEMBER S 11
OF A RACE , COLOR, OR LANGUAGE MINORITY GROUP, INCLUDING A CLASS 12
COMPOSED OF MEMBERS OF TW O OR MORE MINORITY G ROUPS, AS REFERENCED IN 13
THE FEDERAL VOTING RIGHTS ACT. 14
(N) “RACIALLY POLARIZED VO TING” MEANS VOTING IN WHIC H THERE IS A 15
DIVERGENCE BETWEEN T HE CANDIDATE OR ELEC TORAL CHOICE PREFERR ED BY 16
PROTECTED CLASS VOTE RS AND THE CANDIDATE OR ELECTORAL CHOICE 17
PREFERRED BY OTHER V OTERS. 18
15.5–102. 19
(A) THE PROVISIONS OF THI S TITLE APPLY TO A MUN ICIPALITY IN THE 20
STATE IN WHICH THE MU NICIPAL OR CHARTER E LECTIONS ARE REGULAT ED BY THE 21
PUBLIC LOCAL LAWS OF THE STATE OR THE CHARTER OF THE MUNICIPALITY . 22
(B) STATUTES, RULES AND REGULATION S, AND LOCAL LAWS , TOWN 23
CHARTERS, OR ORDINANC ES RELATED TO THE RI GHT TO VOTE SHALL BE 24
CONSTRUED LIBERALLY IN FAVOR OF: 25
(1) PROTECTING THE RIGHT TO CAST A BALLOT ; 26
(2) ENSURING THAT ELIGIB LE VOTERS ARE NOT IM PAIRED IN 27
REGISTERING TO VOTE OR VOTING, INCLUDING HAVING THE IR VOTES COUNTED ; 28
AND 29
SENATE BILL 660 5
(3) ENSURING PROTECTED C LASS VOTERS EQUITABL E ACCESS TO 1
OPPORTUNITIES TO REG ISTER TO VOTE AND TO VOTE. 2
15.5–103. 3
TO THE EXTENT THAT A COURT IS AFFORDED DISCRETION IN ANY QUESTION , 4
INCLUDING QUESTIONS RELATED TO DISCOVERY , PROCEDURE , ADMISSIBILITY OF 5
EVIDENCE, AND REMEDIES , THE COURT SHALL EXERCISE THE DISCRETION IN FAVOR 6
OF: 7
(1) PROTECTING THE RIGHT TO CAST A BALLOT ; 8
(2) ENSURING THAT ELIG IBLE VOTERS ARE NOT IMPAIRED IN 9
REGISTERING TO VOTE OR VOTING, INCLUDING HAVING THE IR VOTES COUNTED ; 10
AND 11
(3) ENSURING PROTECTED C LASS VOTERS EQUITABL E ACCESS TO 12
OPPORTUNITIES TO REG ISTER TO VOTE AND TO VOTE. 13
15.5–104. 14
IF ANY PROVISION OF T HIS TITLE OR ITS APPLICATION T O ANY PERSON, LOCAL 15
GOVERNMENT , OR CIRCUMSTANCE IS H ELD TO BE INVALID BY A COURT OF 16
COMPETENT JURISDICTI ON, THE INVALIDITY DOES NOT AFFECT OTHER PRO VISIONS 17
OR APPLICATIONS OF T HIS TITLE THAT CAN B E GIVEN EFFECT WITHO UT THE 18
INVALID PROVI SION OR APPLICATION , AND TO THIS END , THE PROVISIONS OF TH IS 19
TITLE ARE SEVERABLE . 20
SUBTITLE 2. VOTER DISCRIMINATION . 21
15.5–201. 22
(A) A LOCAL GOVERNMENT OR ENTITY RESPONSIBL E FOR ELECTION 23
ADMINISTRATION MAY NOT DENY OR IMPAIR THE RIGHT TO VOTE OF PROTECTED 24
CLASS MEMBERS THROUG H ANY: 25
(1) QUALIFICATION FOR EL IGIBILITY TO BE A VO TER OR OTHER 26
PREREQUISITE TO VOTI NG; 27
(2) ORDINANCE, REGULATION , OR OTHER LAW REGARDI NG THE 28
ADMINISTRATION OF EL ECTIONS, OR ANY STANDARD , PRACTICE, PROCEDURE , OR 29
POLICY; OR 30
6 SENATE BILL 660
(3) ACTION OR INACTION . 1
(B) THE FOLLOWING ACTIONS BY A LOCAL GOVERNMEN T SHALL 2
CONSTITUTE A VIOLATI ON OF SUBSECTION (A) OF THIS SECTION: 3
(1) IMPLEMENTATION , ENFORCEMENT , ENACTMENT , OR USE OF A 4
QUALIFICATION FOR EL IGIBILITY TO BE A VO TER OR OTHER PREREQU ISITE TO 5
VOTING, OR AN ORDINANCE , A REGULATION , OR ANOTHER LAW REGARDING THE 6
ADMINISTRATION OF EL ECTIONS, OR ANY STANDARD , PRACTICE, PROCEDURE , OR 7
POLICY THAT: 8
(I) RESULTS, WILL RESULT, OR IS INTENDED TO RE SULT IN ANY 9
DISPARITY THAT IS NOT DE MINIM IS AND IS DEMONSTRATE D BY VALIDATED 10
METHODOLOGIES , OR REDUCTION IN VOTE R PARTICIPATION , ACCESS TO VOTING 11
OPPORTUNITIES , OR ABILITY TO PARTIC IPATE IN THE POLITIC AL PROCESS AMONG 12
PROTECTED CLASS M EMBERS IN A JURISDIC TION; OR 13
(II) BASED ON THE TOTALIT Y OF THE CIRCUMSTANC ES, 14
RESULTS IN ANY IMPAI RMENT OF THE OPPORTU NITY OR ABILITY OF P ROTECTED 15
CLASS MEMBERS TO PAR TICIPATE IN THE POLI TICAL PROCESS AND EL ECT 16
CANDIDATES OF THEIR CHOICE OR OTHERWISE INFLUENCE THE OUTCOME OF 17
ELECTIONS; OR 18
(2) IMPLEMENTATION , ENFORCEMENT , ENACTMENT , OR USE OF A 19
QUALIFICATION FOR EL IGIBILITY TO BE A VO TER OR OTHER PREREQU ISITE TO 20
VOTING, OR AN ORDINANCE , A REGULATION , OR ANOTHER LAW REGARDING THE 21
ADMINISTRATION OF EL ECTIONS, OR ANY STANDARD , PRACTICE, PROCEDURE , OR 22
POLICY THAT HAS THE PURPOSE OF, OR WILL HAVE THE EFF ECT OF, IMPAIRING THE 23
ABILITY OF ANY PROTE CTED CLASS VOTER TO PARTICIPATE IN THE E LECTORAL 24
PROCESS, NOMINATE, OR ELECT THE PREFERR ED CANDIDATES OF CHO ICE OF THE 25
PROTECTED CLASS VOTE R. 26
15.5–202. 27
(A) A LOCAL GOVERNMENT MAY NOT EMPLOY ANY METHO D OF ELECTION 28
OR CAUSE AN ANNEXATI ON, AN INCORPORATION , A DISSOLUTION, A 29
CONSOLIDATION , OR A DIVISION OF A LOCAL GOVERNMENT THAT HAS THE EFFECT 30
OF IMPAIRING THE EQUAL ABILITY OF PROTECTED CLASS MEMBERS TO 31
PARTICIPATE IN THE P OLITICAL PROCESS AND ELECT CANDIDATES OF THEIR 32
CHOICE AS A RESULT O F DILUTING THE VOTE OF THE PROTECTED CLA SS MEMBERS. 33
(B) A LOCAL GOVERNMENT VIO LATES SUBSECTION (A) OF THIS SECTION 34
WHEN: 35 SENATE BILL 660 7
(1) (I) ELECTIONS IN THE LOC AL GOVERNMENT EXHIBI T RACIALLY 1
POLARIZED VOTING ; OR 2
(II) BASED ON THE TOTALIT Y OF THE CIRCUMSTANC ES, THE 3
OPPORTUNITY OR ABILI TY OF PROTECTED CLAS S MEMBERS TO NOMINAT E OR ELECT 4
CANDIDATES OF THEIR CHOICE IS IMPAIRED ; AND 5
(2) ONE OR MORE NEW METHO DS OF ELECTION OR MODIF ICATION TO 6
THE EXISTING METHOD OF ELECTION EXIST TH AT THE COURT COULD ORDER IN 7
ACCORDANCE WITH § 15.5–204 OF THIS SUBTITLE THAT WOULD LIKELY MITIGATE 8
THE IMPAIRMENT OF THE EQ UAL OPPORTUNITY OF P ROTECTED CLASS MEMBERS TO 9
NOMINATE OR ELECT CA NDIDATES OF THEIR CH OICE. 10
(C) IT IS NOT NECESSARY T O SHOW THAT MEMBERS OF A PROTECTED CLASS 11
COMPRISE A MAJORITY IN ANY OF THE PROPOS ED DISTRICTS IF A NEW METHOD OF 12
ELECTION OR MODIFICA TION TO THE EXISTING METHOD OF ELECTION S DESCRIBED 13
UNDER PARAGRAPH (B)(2) OF THIS SECTION IS A NEW DISTRICT–BASED PLAN THAT 14
PROVIDES MEMBERS OF A PROTECTED CLASS WI TH ONE OR MORE REASO NABLY 15
CONFIGURED DISTRICTS IN WHICH THEY WOULD HAVE AN EQUAL OPPORT UNITY OR 16
ABILITY TO NOMINATE OR ELECT CANDIDATES OF THEIR CHOICE . 17
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUB SECTION, TO 18
DETERMINE WHETHER RA CIALLY POLARIZED VOT ING BY PROTECTED CLA SS 19
VOTERS IN A LOCAL GO VERNMENT ELECTION OC CURS, THE COURT SHALL: 20
(I) CONSIDER ELECTIONS H ELD BEFORE THE FILIN G OF AN 21
ACTION AS MORE PROBA TIVE THAN ELECTIONS CONDUCTED AFTER THE FILING; 22
(II) CONSIDER EVIDENCE CO NCERNING ELECTIONS F OR ANY 23
OFFICE IN THE LOCAL GOVERNMENT , INCLUDING EXECUTIVE , LEGISLATIVE, 24
JUDICIAL, AND OTHER OFFICES OF THE LOCAL GOVERNMENT , AS MORE PROBATIVE 25
THAN EVIDENCE CONCER NING ELECTIONS FOR O THER OFFICES; 26
(III) AFFORD PROBATIVE VAL UE TO EVIDENCE CONCE RNING 27
ELECTIONS FOR OFFICE S IN THE LOCAL GOVER NMENT OTHER THAN THO SE 28
IDENTIFIED IN ITEM (II) OF THIS PARAGRAPH ; 29
(IV) CONSIDER STATISTICAL EVIDENCE AS MORE PRO BATIVE 30
THAN NONSTATISTICAL EVIDENCE, BUT STILL AFFORD PROBATI VE VALUE TO 31
NONSTATISTICAL EVIDE NCE; 32
(V) CONSIDER STATISTICAL EVIDENCE BASED ON EL ECTION 33 8 SENATE BILL 660
DATA AS MORE PROBATI VE THAN STATISTICAL EVIDENCE BASED ON SU RVEY DATA, 1
BUT STILL AFFORD PRO BATIVE VALUE TO EVID ENCE BASED ON SURVEY DATA; AND 2
(VI) IN THE CASE OF CLAIM S BROUGHT ON BEHALF OF TWO OR 3
MORE PROTECTED CLASS ES THAT ARE POLITICA LLY COHESIVE WITHIN THE 4
ELECTION DISTRICT OF THE LOCAL GOVERNMENT , COMBINE VOTERS OF TH E 5
PROTECTED CLASSES TO DETERMINE WHETHER VO TING BY MEMBERS OF T HE 6
COMBINED PROTECTED CLASSE S IS POLARIZED FROM OTHER VOTERS AND WIT HOUT 7
REQUIRING EVIDENCE T HAT EACH PROTECTED C LASS IS SEPARATELY P OLARIZED 8
FROM OTHER VOTERS . 9
(2) IN DETERMINING WHETHE R RACIALLY POLARIZED VOTING BY 10
PROTECTED CLASS VOTE RS IN A LOCAL GOVERN MENT ELECTION OCCURS , THE 11
COURT MAY NOT: 12
(I) REQUIRE EVIDENCE CON CERNING THE INTENT O F VOTERS, 13
ELECTED OFFICIALS , OR THE LOCAL GOVERNM ENT TO DISCRIMINATE AGAINST 14
PROTECTED CLASS VOTE RS; 15
(II) REQUIRE EVIDENCE OF EXPLANATIONS FOR VOT ING 16
PATTERNS AND ELE CTION OUTCOMES TO PR OVE THE EXISTENCE OF RACIALLY 17
POLARIZED VOTING , INCLUDING PARTISANSH IP; 18
(III) CONSIDER EVIDENCE TH AT SUBGROUPS OF PROT ECTED 19
CLASS ELECTORS HAVE DIFFERENT VOTING PAT TERNS; 20
(IV) CONSIDER EVIDENCE CO NCERNING WHETHER PRO TECTED 21
CLASS VOTERS ARE GEOGRAPHI CALLY COMPACT OR CON CENTRATED, BUT MAY USE 22
THE EVIDENCE TO APPR OPRIATELY REMEDY A V IOLATION UNDER THIS SECTION; OR 23
(V) CONSIDER EVIDENCE CO NCERNING PROJECTED C HANGES 24
IN POPULATION OR DEM OGRAPHICS, BUT MAY USE THE EVID ENCE TO 25
APPROPRIATELY REMEDY A VIO LATION UNDER THIS SE CTION. 26
15.5–203. 27
(A) (1) IN DETERMINING WHETHE R, BASED ON THE TOTALIT Y OF THE 28
CIRCUMSTANCES , A VIOLATION OF § 15.5–201 OR § 15.5–202 OF THIS SUBTITLE HAS 29
OCCURRED WITH RESPEC T TO A PROTECTED CLA SS, THE COURT MAY CONSIDER THE 30
FOLLOWING FACTORS : 31
(I) THE HISTORY OF DISCR IMINATION AFFECTING MEMBERS 32
OF A PROTECTED CLASS ; 33 SENATE BILL 660 9
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
EXTENT TO WHICH PROT ECTED CLASS VOTERS H AVE BEEN ELECTED TO OFFICE; 2
(III) THE USE OF ANY QUALIFICA TION FOR ELIGIBILITY TO BE A 3
VOTER OR OTHER PRERE QUISITE TO VOTING , OR ANY STATUTE , ORDINANCE, 4
REGULATION , OR OTHER LAW REGARDI NG THE ADMINISTRATIO N OF ELECTIONS, OR 5
ANY RELATED STANDARD , PRACTICE, PROCEDURE , OR POLICY BY THE LOC AL 6
GOVERNMENT THAT MAY ENHA NCE THE DILUTIVE EFF ECTS OF A METHOD OF 7
ELECTION; 8
(IV) THE EXTENT TO WHICH CAND IDATES WHO ARE MEMBE RS OF 9
THE PROTECTED CLASS HAVE FACED BARRIERS WITH RESPECT TO BALL OT ACCESS, 10
FINANCIAL SUPPORT , OR OTHER SUPPORT FOR AN ELECTION; 11
(V) THE EXTENT TO WHICH PROTECTED CLASS MEMBERS IN 12
THE STATE VOTE AT LOWER R ATES THAN OTHER VOTE RS IN THE STATE, AS 13
APPLICABLE; 14
(VI) THE EXTENT TO WHICH PROTECTED CLASS INDI VIDUALS 15
BEAR THE EFFECTS OF DISCRIMINATION , PUBLIC OR PRIVATE , IN AREAS SUCH A S 16
EDUCATION, EMPLOYMENT , HEALTH, CRIMINAL JUSTICE , HOUSING, 17
TRANSPORTATION , LAND USE, OR ENVIRONMENTAL PRO TECTION; 18
(VII) THE USE OF OVERT OR SUBTLE RACIAL APPEAL S IN 19
POLITICAL CAMPAIGNS , BY GOVERNMENT OFFICIALS, OR SURROUNDING ADOPT ION 20
OR MAINTENANCE OF TH E CHALLENGED PRACTIC E; 21
(VIII) THE EXTENT TO WHICH CANDIDATES FACE HOST ILITY OR 22
BARRIERS ON ACCOUNT OF THEIR MEMBERSHIP IN A PROTECTED CLASS WHILE 23
CAMPAIGNING ; 24
(IX) A LACK OF RESPONSIVE NESS BY ELECTED OF FICIALS TO 25
THE PARTICULARIZED N EEDS OF PROTECTED CL ASS INDIVIDUALS , INCLUDING A 26
LACK OF CONCERN FOR OR RESPONSIVENESS TO THE REQUESTS AND PRO POSALS 27
OF THE GROUP , WITHOUT CONSIDERING COMPLIANCE WITH A CO URT ORDER AS 28
EVIDENCE OF RESPONSI VENESS ON THE PART O F THE JURISDICTION ; 29
(X) WHETHER THE PARTICUL AR METHOD OF ELECTIO N, 30
ORDINANCE, REGULATION , OR OTHER LAW , OR RELATED STANDARD , PRACTICE, 31
PROCEDURE , OR POLICY WAS DESIGN ED TO ADVANCE AND MA TERIALLY ADVANCES 32
A VALID AND SUBSTANT IATED STATE INTEREST; AND 33
10 SENATE BILL 660
(XI) OTHER FACTORS AS THE COURT MAY DETERMINE T O BE 1
RELEVANT. 2
(2) (I) A FACTOR IDENTIFIED IN PARAGRAPH (1) OF THIS 3
SUBSECTION MAY NOT BE CONSIDERED DISPOS ITIVE OR NECESSARY T O ESTABLISH 4
THE EXISTENCE OF A V IOLATION. 5
(II) NO NUMBER OR COMBINAT ION OF FACTORS IDENTIFIE D IN 6
PARAGRAPH (1) OF THIS SUBSECTION M AY BE REQUIRED TO ES TABLISH THE 7
EXISTENCE OF A VIOLA TION. 8
(III) THE ABSENCE OF EVIDEN CE AS TO ANY FACTOR IDENTIFIED 9
IN PARAGRAPH (1) OF THIS SUBSECTION MAY NOT PRECLUDE A F INDING OF 10
LIABILITY. 11
(3) FOR EACH FACTOR IDENT IFIED IN PARAGRAPH (1) OF THIS 12
SUBSECTION, A FACTOR SHALL BE : 13
(I) AFFORDED THE MOST PR OBATIVE VALUE IF IT RELATES TO 14
THE LOCAL GOVERNMENT UNDER CONSIDERATION ; AND 15
(II) AFFORDED PROBATIVE V ALUE IF THE FACTOR R ELATES TO 16
THE GEOGRAPHIC REGION IN WHICH THE LOCAL G OVERNMENT IS LOCATED OR THE 17
STATE AS A WHOLE . 18
(B) IN DETERMINING WHETHE R A VIOLATION OF THI S SUBTITLE HAS 19
OCCURRED, THE COURT MAY NOT CONSIDE R: 20
(1) THE NUMBER OF PROTEC TED CLASS MEMBERS UN AFFECTED BY 21
THE CHALLE NGED QUALIFICATION , PREREQUISITE , STANDARD, PRACTICE, OR 22
PROCEDURE ; 23
(2) THE DEGREE TO WHICH THE CHALLENGED QUALI FICATION, 24
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE HAS A L ONG PEDIGREE OR 25
WAS IN WIDESPREAD US E AT SOME EARLIER DA TE; 26
(3) THE USE OF AN IDENTICAL OR SIMI LAR QUALIFICATION , 27
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IN OTHE R STATES OR 28
JURISDICTIONS; 29
(4) THE AVAILABILITY OF OTHER FORMS OF VOTIN G UNIMPACTED BY 30
THE CHALLENGED QUALI FICATION, PREREQUISITE , STANDARD, PRACTICE, OR 31
PROCEDURE TO ALL MEMBERS OF THE ELECTORATE , INCLUDING MEMBERS OF THE 32 SENATE BILL 660 11
PROTECTED CLASS , UNLESS THE JURISDICT ION IS SIMULTANEOUSL Y EXPANDING 1
THE OTHER PRACTICES TO ELIMINATE ANY DIS PROPORTIONATE BURDEN IMPOSED 2
BY THE CHALLENGED QU ALIFICATION, PREREQUISITE , STANDARD, PRACTICE, OR 3
PROCEDURE ; AND 4
(5) UNSUBSTANTIATED DEFE NSES THAT THE QUALIF ICATION, 5
PREREQUISITE , STANDARD, PRACTICE, OR PROCEDURE IS NECE SSARY TO ADDRESS 6
CRIMINAL ACTIVITY . 7
15.5–204. 8
(A) THE FOLLOWING PERSONS MAY FILE AN ACTION U NDER THIS SUBTITLE 9
IN THE COURT: 10
(1) AN AGGRIEVED PERSON ; 11
(2) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDE S OR IS LIKELY 12
TO INCLUDE AGGRIEVED PERSONS; 13
(3) AN ORGANIZATION WHOS E MISSION WOULD BE F RUSTRATED BY A 14
VIOLATION OF THIS SU BTITLE; 15
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURC ES IN ORDER 16
TO FULFILL ITS MISSI ON AS A RESULT OF A VIOLATION OF THIS SU BTITLE; OR 17
(5) THE ATTORNEY GENERAL. 18
(B) (1) NOTWITHSTANDING ANY O THER LAW, IF THE COURT FINDS A 19
VIOLATION OF THIS SU BTITLE, THE COURT SHALL ORDER APP ROPRIATE REMEDIES 20
THAT ARE TAILORED TO ADDRESS THE VIOLATIO N IN THE LOCAL GOVER NMENT AND 21
ENSURE THAT PROTECTE D CLASS VOTERS HAVE EQUITABLE ACCESS TO FULLY 22
PARTICIPATE IN THE E LECTORAL PROCESS , WHICH MAY INCLUDE : 23
(I) A DISTRICT–BASED METHOD OF ELEC TION; 24
(II) AN ALTERNATIVE METHO D OF ELECTION; 25
(III) NEW OR REVISED DISTR ICTING PLANS; 26
(IV) ELIMINATION OF STAGG ERED ELECTIONS SO TH AT ALL 27
MEMBERS OF THE GOVERNING BODY ARE ELECTED AT THE S AME TIME; 28
(V) REASONABLY INCREASIN G THE SIZE OF THE GOVERNING 29 12 SENATE BILL 660
BODY; 1
(VI) ADDITIONAL VOTING HO URS OR DAYS; 2
(VII) ADDITIONAL POLLING L OCATIONS; 3
(VIII) ADDITIONAL MEANS OF VOTING, SUCH AS VOTING BY MA IL 4
OR ADDITIONAL OPPORT UNITIES TO RETURN BA LLOTS; 5
(IX) ORDERING OF SPECIAL ELECTIONS; 6
(X) REQUIRING EXPANDED OPPORTUNITI ES FOR THE 7
ADMISSION OF VOTERS ; 8
(XI) REQUIRING ADDITIONAL VOTER EDUCATION ; 9
(XII) THE RESTORATION OR A DDITION OF PERSONS T O A VOTER 10
REGISTRY; OR 11
(XIII) PREVENTING THE REORGANIZATION , ANNEXATION, 12
INCORPORATION , DISSOLUTION, CONSOLIDATION, OR DIVISION OF A LOC AL 13
GOVERNMENT . 14
(2) (I) THE COURT SHALL CONSIDER REMEDIES PROPOSED BY 15
ANY PARTIES TO AN AC TION OR BY INTERESTED PAR TIES FILED UNDER THIS 16
SECTION. 17
(II) THE COURT MAY NOT GIVE DE FERENCE OR PRIORITY TO A 18
PROPOSED REMEDY BECA USE IT IS THE REMEDY PROPOSED BY THE LOCA L 19
GOVERNMENT . 20
(III) THE COURT SHALL HAVE THE POWER TO REQUIRE A L OCAL 21
GOVERNMENT TO IMPLEM ENT REMEDIES THAT AR E INCONSISTENT WITH ANY 22
OTHER PROVISION OF STATE OR LOCAL LAW WH ERE THE INCONSISTENT PROVISION 23
OF LAW WOULD OTHERWI SE PRECLUDE THE COURT FROM ORDERING A N 24
APPROPRIATE REMEDY I N THE MATTER . 25
15.5–205. 26
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, BEFORE 27
FILING AN ACTION AGA INST A LOCAL GOVERNMENT U NDER THIS SUBTITLE, A PARTY 28
DESCRIBED IN § 15.5–204(A) OF THIS SUBTITLE SHA LL SEND BY CERTIFIED MAIL, 29
RETURN RECEIPT REQUE STED, A NOTIFICATION LETTE R TO THE LOCAL 30 SENATE BILL 660 13
GOVERNMENT : 1
(I) ASSERTING THAT THE L OCAL GOVERNMENT MAY BE IN 2
VIOLATION OF THE PROVISION S OF THIS TITLE; 3
(II) IDENTIFYING THE POTE NTIAL VIOLATIONS ; 4
(III) IDENTIFYING THE AFFE CTED PROTECTED CLASS ; AND 5
(IV) IDENTIFYING THE TYPE OF REMEDY THAT THE P ARTY 6
BELIEVES WILL ADDRES S THE ALLEGED VIOLAT IONS. 7
(2) (I) THE PARTY MAY NOT FIL E AN ACTION UNDER TH IS SECTION 8
WITHIN 60 DAYS AFTER SENDING A NOTIFICATION LETTER TO THE LOCAL 9
GOVERNMENT . 10
(II) THE LOCAL GOVERNMENT SHALL WORK IN GOOD F AITH 11
WITH THE PARTY TO IM PLEMENT A REMEDY THA T CURES THE ALLEGED 12
VIOLATIONS. 13
(III) WITHIN 60 DAYS AFTER A NOTIFIC ATION LETTER IS SENT TO 14
A LOCAL GOVERNMENT U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 15
GOVERNING BODY OF THE LOCAL GO VERNMENT MAY PASS A RESOLUTION: 16
1. AFFIRMING THE LOCAL GOVERNMENT ’S INTENTION 17
TO ENACT AND IMPL EMENT A REMEDY FOR A POTENTIAL VIOLATION OF THE 18
PROVISIONS OF THIS T ITLE; 19
2. ESTABLISHING SPECIFI C MEASURES THAT THE LOCAL 20
GOVERNMENT WILL TAKE TO FACILITATE APPROV AL AND IMPLEMENTATIO N OF A 21
REMEDY; AND 22
3. PROVIDING A SCHEDULE FOR THE ENACTMENT AND 23
IMPLEMENTATION OF TH E REMEDY. 24
(3) A PARTY DESCRIBED UNDE R § 15.5–204(A) OF THIS SUBTITLE MAY 25
NOT FILE AN ACTION U NDER THIS SUBTITLE UNTIL 90 DAYS AFTER THE PASSA GE OF 26
ANY RESOLUTION BY TH E GOVERNING BODY UNDER PARAGRAPH (2) OF THIS 27
SUBSECTION. 28
(4) (I) IF A LOCAL GOVERNMENT I S A COVERED JURISDIC TION OR, 29
UNDER THE LAWS OF TH IS STATE OR ANY CODE HOM E RULE OR CHARTER CO UNTY 30
ORDINANCE, THE GOVERNING BODY OF A LOCAL GOVERNMEN T LACKS AUTHORITY 31 14 SENATE BILL 660
TO ENACT OR IMPLEMEN T A REMEDY IDENTIFIE D IN A RESOLUTION UN DER 1
PARAGRAPH (2)(III) OF THIS SUBSECTION W ITHIN 90 DAYS AFTER THE PASSA GE OF 2
THE RESOLUTION , THE GOVERNING BODY OF THE LOCAL GOVERNM ENT MAY 3
APPROVE A PROPOS ED REMEDY UNDER PARA GRAPH (2)(III) OF THIS SUBSECTION 4
THAT COMPLIES WITH T HE PROVISIONS OF THI S TITLE AND SHALL SU BMIT THE 5
PROPOSED REMEDY TO T HE ATTORNEY GENERAL. 6
(II) WITHIN 60 DAYS AFTER SUBMISSIO N OF A PROPOSED 7
REMEDY BY A LOCAL GO VERNMENT TO THE ATTORNEY GENERAL UNDER 8
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE ATTORNEY GENERAL SHALL 9
APPROVE THE PROPOSED REMEDY IF THE ATTORNEY GENERAL CONCLUDES THA T: 10
1. THE LOCAL GOVERNMENT MAY BE IN VIOLATION OF 11
THE PROVISIONS OF TH IS TITLE; 12
2. THE PROPOSE D REMEDY WOULD ADDRE SS A 13
POTENTIAL VIOLATION ; 14
3. THE PROPOSED REMEDY WILL NOT IMPAIR THE 15
ABILITY OF PROTECTED CLASS VOTERS TO PART ICIPATE IN THE POLIT ICAL 16
PROCESS AND ELECT TH EIR PREFERRED CANDID ATES TO OFFICE; AND 17
4. IMPLEMENTATION OF TH E PROPOSED REMEDY IS 18
FEASIBLE. 19
(III) 1. IF THE ATTORNEY GENERAL APPROVES THE 20
PROPOSED REMEDY , THE PROPOSED REMEDY MAY BE ENACTED BY THE LOCAL 21
GOVERNMENT . 22
2. THE ATTORNEY GENERAL’S APPROVAL OF A REME DY 23
DOES NOT BAR AN ACTI ON TO CHALLENGE THE REMEDY. 24
(IV) IF THE ATTORNEY GENERAL REJECTS THE PROPOSED 25
REMEDY: 26
1. THE PROPOSED REMEDY MAY NOT BE ENACTED O R 27
IMPLEMENTED ; 28
2. THE ATTORNEY GENERAL SHALL SPECIFY THE 29
OBJECTIONS TO THE PR OPOSED REMEDY AND EX PLAIN THE BASIS FOR THE DENIAL; 30
AND 31
3. THE ATTORNEY GENERAL MAY RECOMMEND AND 32 SENATE BILL 660 15
APPROVE ANOTHER PROPOSED REM EDY. 1
(V) IF THE ATTORNEY GENERAL DOES NOT APPROVE THE 2
PROPOSED REMEDY WITH IN 60 DAYS AFTER THE SUBMI SSION OF THE PROPOSE D 3
REMEDY BY THE LOCAL GOVERNMENT , THE PROPOSED REMEDY MAY NOT BE 4
ENACTED OR IMPLEMENTE D. 5
(B) A PARTY DESCRIBED IN § 15.5–204(A) OF THIS SUBTITLE MAY FILE AN 6
ACTION UNDER THIS SU BTITLE WITHOUT FIRST PROVIDING THE NOTICE REQUIRED 7
UNDER SUBSECTION (A) OF THIS SECTION IF: 8
(1) THE ACTION IS COMMEN CED WITHIN 1 YEAR AFTER THE 9
ENACTMENT OF THE CHA LLENGED METHOD OF EL ECTION, STANDARD, PRACTICE, 10
OR POLICY; 11
(2) ANOTHER PARTY DESCRI BED IN § 15.5–204(A) OF THIS SUBTITLE 12
HAS SUBMITTED NOTICE ALLEGING A SUBSTANTI ALLY SIMILAR VIOLATI ON; 13
(3) THE LOCAL GOVERNMENT HAS ENACTED A REMEDY THAT WOULD 14
NOT REMEDY THE VIOLA TION ALLEGED IN A PA RTY’S PREVIOUS NOTICE ; OR 15
(4) RELIEF WOULD BE IMPO SSIBLE TO OBTAIN IF THE NOTICE UNDER 16
SUBSECTION (A) OF THIS SECTION WAS REQUIRED . 17
(C) THE ATTORNEY GENERAL MAY ADOPT REG ULATIONS TO CARRY OUT 18
THIS SUBTITLE, INCLUDING REGULATION S TO PROVIDE FOR NOTICE A ND COMMENT 19
PROCEDURES THAT LOCA L GOVERNMENTS ARE RE QUIRED TO FOLLOW BEFORE 20
IMPLEMENTING REMEDIE S UNDER THIS SUBTITL E. 21
15.5–206. 22
IF A LOCAL GOVERNMENT ENACTS OR IMPLEMENTS A REMEDY, THE PARTY 23
THAT SENT A NOTIFICATION LETTE R UNDER § 15.5–205(A) OF THIS SUBTITLE SHA LL 24
BE ENTITLED TO REIMB URSEMENT BY THE LOCA L GOVERNMENT FOR REA SONABLE 25
COSTS ASSOCIATED WIT H PRODUCING AND SEND ING THE NOTIFICATION LETTER. 26
SUBTITLE 3. LANGUAGE ASSISTANCE. 27
15.5–301. 28
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE STATE BOARD 29
SHALL DETERMINE WHETHER TH ERE IS A SIGNIFICANT AND SUBSTANTIAL NEED 30
FOR LANGUAGE –RELATED ASSISTANCE I N ONE OR MORE LANGUA GES OTHER THAN 31 16 SENATE BILL 660
ENGLISH IN A LOCAL GO VERNMENT EL ECTION. 1
(B) THE STATE BOARD SHALL DETERMINE THAT A SIGNIFICANT A ND 2
SUBSTANTIAL NEED FOR LANGUAGE–RELATED ASSISTANCE E XISTS IN A LOCAL 3
GOVERNMENT ELECTION IF, BASED ON THE BEST AV AILABLE DATA , INCLUDING 4
INFORMATION FROM THE U.S. CENSUS BUREAU’S AMERICAN COMMUNITY SURVEY 5
OR DATA OF COMPARABL E QUALITY COLLECTED BY A PUBLIC OFFICE : 6
(1) MORE THAN 2%, BUT IN NO INSTANCE F EWER THAN 100 7
INDIVIDUALS, OF THE CITIZEN VOTING AGE POPULATIO N OF THE LOCAL 8
GOVERNMENT : 9
(I) SPEAK A PARTICULAR L ANGUAGE OTHER THAN ENGLISH; 10
(II) DO NOT SPEAK ENGLISH AS THEIR PRIM ARY LANGUAGE ; 11
AND 12
(III) ARE LIMITED ENGLISH PROFICIENT ; OR 13
(2) MORE THAN 4,000 INDIVIDUALS OF THE CITIZEN VOTING AGE 14
POPULATION OF THE LO CAL GOVERNMENT : 15
(I) SPEAK A PARTICULAR L ANGUAGE OTHER THAN ENGLISH; 16
(II) DO NOT SPEAK ENGLISH AS THEIR PRIM ARY LANGUAGE ; 17
AND 18
(III) ARE LIMITED ENGLISH PROFICIENT . 19
15.5–302. 20
(A) ON OR BEFORE JANUARY 1, 2025, AND EVERY 2 YEARS THEREAFTER , 21
THE STATE BOARD SHALL PUBLISH A ND MAINTAIN ON ITS W EBSITE A LIST OF: 22
(1) EACH LOCAL GOVERNMEN T ELECTION THAT REQU IRES 23
LANGUAGE–RELATED ASSISTANCE I N A LANGUAGE OTHER T HAN ENGLISH; AND 24
(2) THE TYPE OF LANGUAGE –RELATED ASSISTANCE T HAT IS 25
REQUIRED TO BE PROVI DED IN THE LOCAL GOV ERNMENT ELECTION . 26
(B) THE STATE BOARD SHALL DISTRIBUT E THIS LIST TO EACH LOCAL 27
GOVERNMENT IN TIME T O ALLOW LOCAL GOVERN MENTS TO PROVIDE 28
LANGUAGE–RELATED ASSISTANCE U NDER § 15.5–303 OF THIS SUBTITLE. 29 SENATE BILL 660 17
15.5–303. 1
(A) WHENEVER THE STATE BOARD DETERMINES THAT 2
LANGUAGE–RELATED ASSISTANCE S HALL BE PROVIDED IN A LOCAL GOVERNMENT 3
ELECTION UNDER THIS SECTION, THE ENTITY RESPONSIBLE FOR ADMI NISTERING 4
THE ELECTION SHALL P ROVIDE COMPETENT ASS ISTANCE AND PHYSICAL AND 5
ONLINE VOTING MATERI ALS IN EACH DESIGNAT ED LANGUAGE UNDER § 15.5–301 OF 6
THIS SUBTITLE. 7
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 8
FOR EACH DESIGNATED LANGUA GE UNDER § 15.5–301 OF THIS SUBTITLE , THE 9
LANGUAGE–RELATED ASSISTANCE A ND MATERIALS SHALL I NCLUDE: 10
(I) REGISTRATION AND VOT ING NOTICES; 11
(II) ELECTION–RELATED FORMS AND IN STRUCTIONS; 12
(III) SIGNAGE INDICATING T HE AVAILABILIT Y OF TELEPHONE 13
INTERPRETATION SERVI CES, WHERE AVAILABLE; AND 14
(IV) BALLOTS, SAMPLE BALLOTS , AND OTHER MATERIALS OR 15
INFORMATION RELATING TO THE ELECTORAL PRO CESS. 16
(2) (I) IN THE CASE OF A LANG UAGE THAT IS ORAL OR UNWRITTEN, 17
THE LOCAL GOVERNMENT MAY PROVIDE ONLY ORA L INSTRUCTIONS , ASSISTANCE, 18
OR OTHER INFORMATION RELATING TO THE ELEC TORAL PROCESS IN THE 19
APPLICABLE LANGUAGE . 20
(II) IN A LOCAL GOVERNMENT WHERE ASSISTANCE MU ST BE 21
PROVIDED IN MORE THA N TWO LANGUAGES , BALLOTS ARE NOT REQUIRED TO BE 22
TRANSLATED INTO A LA NGUAGE OTHER THAN ENGLISH BEFORE JANUARY 1, 2026. 23
(C) (1) MATERIALS PROVIDED IN A DESIGNATED LANGUAG E SHALL BE OF 24
AN EQUAL QUALITY TO THE CORRESPONDING ENGLISH LANGUAGE MATE RIALS. 25
(2) ALL TRANSLATIONS SHAL L CONVEY THE INTENT AND ESSENTIAL 26
MEANING OF THE ORIGI NAL TEXT OR COMMUNIC ATION AND MAY NOT SO LELY RELY 27
ON AUTOMATIC ELECTRON IC TRANSLATION SERVI CES. 28
(3) IN ADDITION TO THE OT HER REQUIREMENTS OF THIS SECTION, 29
LANGUAGE–RELATED ASSISTANCE S HALL INCLUDE THE PRE SENCE OF BILINGUAL 30
POLL WORKERS WHERE A VAILABLE. 31 18 SENATE BILL 660
15.5–304. 1
THE STATE BOARD MAY ADOPT REGULATIONS THAT ESTABLISH FURTHER 2
CRITERIA FOR DETERMI NING WHETHER A SIGNIFICAN T AND SUBSTANTIAL NE ED 3
EXISTS FOR A LANGUAG E TO BE DESIGNATED U NDER § 15.5–301 OF THIS SUBTITLE. 4
15.5–305. 5
THE FOLLOWING PERSONS MAY FILE AN ACTION U NDER THIS SUBTITLE IN 6
THE COURT: 7
(1) AN AGGRIEVED PERSON ; 8
(2) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDE S OR IS LIKELY 9
TO INCLUDE AGGRIEVED PERSONS; 10
(3) AN ORGANIZATION WHOS E MISSION WOULD BE F RUSTRATED BY A 11
VIOLATION OF THIS SE CTION; 12
(4) AN ORGANIZATION THAT WOULD EXPEND RESOU RCES IN ORDER 13
TO FULFILL ITS MISSI ON AS A RESULT OF A VIOLATION OF THIS SE CTION; OR 14
(5) THE STATE BOARD. 15
SUBTITLE 4. PRECLEARANCE . 16
15.5–401. 17
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “COVERED JURISDICTION ” MEANS ANY LOCAL GOVERNMENT : 20
(1) THAT, WITHIN THE IMMEDIATE LY PRECEDING 25 YEARS, HAS 21
BECOME SUBJECT TO A COURT ORDER OR GOVER NMENT ENFORCEMENT AC TION 22
BASED ON A FINDING O F A VIOLATION OF THI S TITLE, THE FEDERAL VOTING RIGHTS 23
ACT, THE 15TH AMENDMENT TO THE U.S. CONSTITUTION, OR A VOTING–RELATED 24
VIOLATION OF THE 14TH AMENDMENT TO THE U.S. CONSTITUTION; 25
(2) THAT, WITHIN THE IMMEDIATE LY PRECEDING 25 YEARS, HAS 26
BECOME SUBJECT TO A COURT ORDER OR GOVER NMENT ENFORCEMENT AC TION 27
BASED ON A FINDING O F A VIOLATION OF A FEDERAL OR STATE CIVIL RIGHTS LA W 28 SENATE BILL 660 19
OR THE 14TH AMENDMENT TO THE U.S. CONSTITUTION CONCERNI NG A PATTERN, 1
PRACTICE, OR POLICY THAT RESUL TED IN DISCRIMINATION AGAIN ST MEMBERS OF 2
A PROTECTED CLASS ; 3
(3) THAT, WITHIN THE IMMEDIATE LY PRECEDING 25 YEARS, WAS 4
FOUND TO HAVE ENACTE D OR IMPLEMENTED A C OVERED POLICY WITHOU T 5
OBTAINING PRECLEARAN CE FOR THAT COVERED POLICY UNDER THIS SU BTITLE; 6
(4) WHERE THE TRAFFIC STOP RAT E, OR THE COMBINED 7
MISDEMEANOR AND FELO NY ARREST RATE OF ME MBERS OF ANY PROTECT ED CLASS 8
CONSISTING OF AT LEAST 10,000 CITIZENS OF VOTING A GE OR WHOSE MEMBERS 9
COMPRISE AT LEAST 10 PERCENTAGE POINTS OF THE CITIZEN VOTIN G AGE 10
POPULATION OF THE LO CAL GOVERNMENT , EXCEEDS THE PROPORTI ON THAT THE 11
PROTECTED CLASS CONS TITUTES OF THE CITIZ EN VOTING AGE POP ULATION OF THE 12
LOCAL GOVERNMENT AS A WHOLE BY AT LEAST 10% AT ANY POINT WITHIN THE 13
IMMEDIATELY PRECEDIN G 10 YEARS; 14
(5) THAT CONTAINS AT LEAST 6,000 CITIZENS OF ANY PROTECTED 15
CLASS OF VOTING AGE , OR WHOSE MEMBERS COM PRISE AT LEAST 15% OF THE 16
CITIZEN VOTING AGE POPULATIO N OF THE LOCAL GOVER NMENT, HAS HAD AT LEAST 17
10 PERCENTAGE POINTS FEWER REGISTERED VOT ERS THAT ARE MEMBERS OF ANY 18
PROTECTED CLASS THAN THE PERCENTAGE OF THE REGISTERED CI TIZENS OF 19
VOTING AGE; OR 20
(6) WHERE THE PERCENTAGE OF THE CITIZENS OF VOTING AGE WHO 21
ARE MEMBERS OF ANY P ROTECTED CLASS THAT PARTICIPATED IN ANY GENERAL 22
ELECTION FOR LOCAL O FFICE IS AT LEAST 10 PERCENTAGE POINTS LOWER THAN 23
THE PERCENTAGE OF AL L CITIZENS THAT PART ICIPATED IN THE GENE RAL 24
ELECTION. 25
(C) (1) “COVERED POLI CY” MEANS A NEW OR MODIF IED STANDARD , 26
PRACTICE, PROCEDURE , LAW, ORDINANCE, REGULATION , OR POLICY THAT A 27
COVERED JURISDICTION IS REQUIRED TO SUBMI T FOR PRECLEARANCE . 28
(2) “COVERED POLICY ” INCLUDES A NEW OR MO DIFIED LOCAL 29
GOVERNMENT QUALIFICA TION FOR REGISTRATION AS A VOTER, PREREQUISITE TO 30
VOTING, OR ANY OF THE FOLLOW ING ORDINANCES , REGULATIONS , STANDARDS, 31
PRACTICES, PROCEDURES , OR POLICIES CONCERNI NG: 32
(I) IF THE COVERED JURIS DICTION IS A MUNICIP ALITY: 33
1. THE METHOD OF ELECTI ON FOR THE GOVERNING 34
BODY; 35 20 SENATE BILL 660
2. DISTRICTING OR REDIS TRICTING; 1
3. THE NUMBER OF SEAT S ON THE GOVERNING BODY; 2
4. ANNEXATION , INCORPORATION , DISSOLUTION, 3
CONSOLIDATION , OR DIVISION OF A MUN ICIPALITY; 4
5. THE TIMING OF MUNICI PAL ELECTIONS ; 5
6. VOTER REGISTRATION LISTS , INCLUDING THE 6
REMOVAL OF INDIVIDUA LS FROM A VOTER REGI STRATION LIST AND CANCELLATION 7
OR DENIAL OF VOTER R EGISTRATION; 8
7. VOTER CHALLENGE RS, WATCHERS, OR OBSERVERS ; 9
8. THE HOURS, LOCATIONS, OR NUMBER OF POLLING 10
PLACES, EARLY VOTING CENTERS, OR DROP BOX LOCATION S; 11
9. THE REORGANIZATION O F PRECINCTS; 12
10. THE DISTRIBUTION OF VOTING EQUIPMENT AND 13
STAFF, INCLUDING ELECTION J UDGES, TO POLLING PLACES AN D EARLY VOTING 14
CENTERS; OR 15
11. ANY ADDITIONAL SUBJE CT MATTER AS MAY BE 16
IDENTIFIED BY THE ATTORNEY GENERAL BY REGULATION ; AND 17
(II) IF THE COVERED JURIS DICTION IS A COUNTY OR COUNTY 18
BOARD OF EDUCATION : 19
1. THE METHOD OF ELECTI ON FOR THE GOVERNING 20
BODY OF THE COVERED JURISDICTION; 21
2. DISTRICTING OR REDIS TRICTING; 22
3. THE NUMBER OF SEAT S ON THE GOVERNING BODY OF 23
THE COVERED JURISDIC TION; AND 24
4. ANY ADDITIONAL SUBJE CT MATTER AS MAY BE 25
IDENTIFIED BY THE ATTORNEY GENERAL IN REGULATION . 26
(D) “GOVERNMENT ENFORCEMEN T ACTION” MEANS A DENIAL OF 27 SENATE BILL 660 21
ADMINISTRATIVE OR JU DICIAL PRECLEARANCE BY THE FEDERAL OR STATE 1
GOVERNMENT , PENDING LITIGATION F ILED BY A FEDERAL OR STATE ENTITY, A 2
FINAL JUDGMENT OR AD JUDICATION, A CONSENT DECREE , OR A SIMILAR FORMAL 3
ACTION. 4
(E) “PRECLEARANCE ” MEANS THE REQUIREMEN T THAT A LOCAL 5
GOVERNMENT SUBMIT TH E PROPOSED ENACTMENT OR IMPLEMENTATION OF A 6
COVERED POLICY IN WR ITING TO THE ATTORNEY GENERAL OR THE COURT FOR 7
APPROVAL OR DENIAL . 8
15.5–402. 9
(A) THE ENACTMENT OR IMPL EMENTATION OF A COVERED POLICY BY A 10
COVERED JURISDICTION IS SUBJECT TO PRECLE ARANCE BY: 11
(1) THE ATTORNEY GENERAL, UNDER § 15.5–404 OF THIS SUBTITLE ; 12
OR 13
(2) THE COURT, UNDER § 15.5–406 OF THIS SUBTITLE. 14
(B) A LOCAL GOVERNMENT THAT IS NOT A COVERE D JURISDICTION MAY 15
SUBMIT A PROPOSED POLICY TO PRECLEARANCE IN THE SAME MANNER AS A 16
COVERED POLICY IS SUBMITTED BY A COVER ED JURISDICTION . 17
15.5–403. 18
(A) ON OR BEFORE JANUARY 1, 2025, AND AT LEAST ANNUALL Y 19
THEREAFTER , THE ATTORNEY GENERAL SHALL DETERMINE WHICH LOCAL 20
GOVERNMENTS ARE COVE RED JURISDICTIONS . 21
(B) A STATE AGENCY OR OTHER APPROPRIATE ENTITY S HALL TRANSMIT 22
ANY DATA OR INFORMAT ION TO THE ATTORNEY GENERAL ON THE REQUEST OF TH E 23
ATTORNEY GENERAL IN A USABLE FORMAT . 24
(C) THE ATTORNEY GENERAL SHALL: 25
(1) AS SOON AS PRACTICAB LE, PUBLISH AND MAINTAIN A LIST OF 26
LOCAL GOVERNMENTS TH AT ARE COVERED JURIS DICTIONS ON THE WEBSITE OF 27
THE ATTORNEY GENERAL; 28
(2) PROVIDE NOTICE TO EA CH LOCAL GOVERNMENT THAT IS 29
DETERMINED TO BE A C OVERED JURISDICTION ON THE DETERMINATION BEING 30
MADE; 31 22 SENATE BILL 660
(3) PUBLISH AND MAINTAIN A LIST OF ALL PRECLE ARANCE 1
SUBMISSION S; AND 2
(4) PROVIDE AN OPPORTUNI TY FOR PUBLIC COMMEN T ON ALL 3
PRECLEARANCE SUBMISS IONS. 4
15.5–404. 5
(A) THE ATTORNEY GENERAL MAY DENY PRECLEARANC E ONLY IF IT 6
DETERMINES THAT THE COVERED POLICY IS MO RE LIKELY THAN NOT T O: 7
(1) DIMINISH THE OPPORTUNITY OR A BILITY OF PROTECTED CLASS 8
MEMBERS WHO ARE THE BASIS FO R THE LOCAL GOVERNME NT’S PRECLEARANCE 9
COVERAGE STATUS UNDE R THIS SUBTITLE TO PARTICIPATE IN TH E POLITICAL 10
PROCESS OR ELECT CANDIDATES OF THEIR CHOICE; OR 11
(2) VIOLATE THIS TITLE . 12
(B) (1) IF THE ATTORNEY GENERAL GRANTS PRECLEARANCE , THE 13
APPLICABLE COVERED J URISDICTION MAY ENAC T OR IMPLEMENT THE C OVERED 14
POLICY. 15
(2) IF THE ATTORNEY GENERAL FAILS TO RESPOND WITHIN THE 16
REQUIRED TIME PERIOD UNDER § 15.5–405 OF THIS SUBTITLE, PRECLEARANCE FOR 17
THE COVERED POLICY S HALL BE DEEMED GRANTED AND THE APPL ICABLE 18
JURISDICTION MAY ENA CT OR IMPLEMENT THE COVERED POLICY . 19
(C) THE ATTORNEY GENERAL SHALL PROVIDE TO THE COVERED 20
JURISDICTION A WRITTEN EXPLANATIO N OF ITS DETERMINATI ONS UNDER THIS 21
SECTION. 22
(D) (1) A DENIAL OF PRECLEARAN CE UNDER THIS SECTIO N MAY BE 23
APPEALED ONLY BY THE COVERED JURISDICTION TO THE APPELLATE COURT OF 24
MARYLAND. 25
(2) A PARTY OTHER THAN THE COVER ED JURISDICTION MAY NOT 26
FILE AN ACTION TO AP PEAL A DENIAL OF PRE CLEARANCE OR INTERVENE IN AN 27
APPEAL ACTION BROUGHT BY TH E COVERED JURISDICTION. 28
15.5–405. 29
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION AND EXCEPT 30 SENATE BILL 660 23
AS PROVIDED IN SUBSE CTION (B) OF THIS SECTION , WITHIN 30 DAYS AFTER THE 1
RECEIPT OF A COVERED POLICY , THE ATTORNEY GENERAL SHALL : 2
(I) REVIEW TH E COVERED POLICY , INCLUDING ANY PUBLIC 3
COMMENTS REGARDING T HE PUBLIC POLICY ; AND 4
(II) MAKE A DETERMINATION TO DEN Y OR GRANT 5
PRECLEARANCE FOR THE COVERED POLICY . 6
(2) THE ATTORNEY GENERAL MAY INVOKE AN EXTENSION OF UP TO 7
60 DAYS TO MAKE A DETER MINATION UNDER THIS SUBSECTION. 8
(B) (1) THIS SUBSECTION APPLI ES ONLY TO A COVERED POLICY 9
REGARDING: 10
(I) CHANGES TO THE METHO D OF ELECTION FOR A GOVERNING 11
BODY; 12
(II) DISTRICTING OR REDIS TRICTING; 13
(III) THE NUMBER OF SEATS ON A GOVERNING BODY ; OR 14
(IV) ANNEXATION , INCORPORATION , DISSOLUTION, 15
CONSOLIDATION , OR DIVISION OF A LOC AL GOVERNMENT . 16
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION A ND WITHIN 17
60 DAYS AFTER THE SUBMI SSION OF THE COVERED POLICY, THE ATTORNEY 18
GENERAL SHALL: 19
(I) REVIEW A COVERED POLICY SUBJECT TO THIS SUBSECTION 20
AND ANY PUBLIC COMMENT S REGARDING THE COVE RED POLICY; AND 21
(II) MAKE A DETERMINATION TO DENY OR GRANT 22
PRECLEARANCE FOR THE COVERED POLICY . 23
(3) THE ATTORNEY GENERAL MAY INVOKE UP TO TWO EXTENSION S 24
OF UP TO 90 DAYS TO MAKE A DETER MINATION UNDER THIS SUBSECTION. 25
15.5–406. 26
(A) AS AN ALTERNATIVE TO PRECLEARANCE THROUGH TH E ATTORNEY 27
GENERAL UNDER § 15.5–404 OF THIS SUBTITLE , A COVERED JURISDICTI ON MAY 28
SUBMIT A COVERED POL ICY TO THE COURT FOR PRECLEARANC E. 29 24 SENATE BILL 660
(B) TO HAVE A COVERED POL ICY BE CONSIDERED FO R PRECLEARANCE 1
UNDER THIS SECTION , THE COVERED JURISDICTION SHALL : 2
(1) SUBMIT IN WRITING TH E COVERED POLICY TO THE COURT; AND 3
(2) CONTEMPORANEOUSLY TR ANSMIT TO THE ATTORNEY GENERAL 4
A COPY OF THE COVERE D POLICY SUBMITTED T O THE COURT UNDER ITEM (1) OF 5
THIS SUBSECTION . 6
(C) FAILURE OF THE COVERE D JURISDICTION TO PROV IDE A COPY OF THE 7
POLICY TO THE ATTORNEY GENERAL AS REQUIRED UNDER SUBSECTION (B)(2) OF 8
THIS SECTION SHALL R ESULT IN AN AUTOMATI C DENIAL OF THE REQU EST FOR 9
PRECLEARANCE . 10
(D) THE COURT SHALL EXERCISE EXCLUSIVE JURISDICTI ON OVER A 11
COVERED POLICY THAT IS SUBMITTED AND TRANSM ITTED IN COMPLIANCE WITH 12
SUBSECTION (B) OF THIS SECTION. 13
(E) THE COVERED JURISDICT ION SHALL BEAR THE B URDEN OF PROOF IN 14
THE COURT’S PRECLEARANCE DETER MINATION. 15
(F) THE COURT SHALL GRANT OR DENY PRECLEARANCE WI THIN 60 DAYS 16
FOLLOWING THE RECEIP T OF THE SUBMISSION OF THE COVERED POLIC Y. 17
(G) THE COURT MAY DENY PRECLE ARANCE ONLY IF IT DE TERMINES THAT 18
THE COVERED POLICY I S MORE LIKELY THAN N OT TO: 19
(1) IMPAIR THE OPPORTUNITY OR A BILITY OF PROTECTED CLASS 20
MEMBERS WHO ARE THE BASIS FOR TH E LOCAL GOVERNMENT ’S PRECLEARANCE 21
COVERAGE STATUS UNDE R THIS SUBTITLE TO PARTICIPATE IN TH E POLITICAL 22
PROCESS AND ELECT CA NDIDATES OF THEIR CH OICE; OR 23
(2) VIOLATE A PROVISION IN THIS TITLE. 24
(H) (1) IF THE COURT GRANTS PRECLEAR ANCE, THE APPLICABLE 25
COVERED JURISDICTION MAY ENACT OR IMPLEME NT THE COVERED POLIC Y. 26
(2) IF THE COURT DENIES PRECLEAR ANCE, THE COVERED POLICY 27
MAY NOT BE ENACTED O R IMPLEMENTED . 28
(3) IF THE COURT FAILS TO GRANT OR DENY PRECLE ARANCE WITHIN 29
60 DAYS, THE COVERED JURISDICTION M AY NOT ENACT OR IMPL EMENT THE 30 SENATE BILL 660 25
COVERED POLICY . 1
(I) (1) A DENIAL OF PRECLEARANCE UNDER THIS SECTION M AY BE 2
APPEALED ONLY BY THE COVERED JURISDICTION IN ACCORDANCE WITH T HE 3
ORDINARY RULES OF AP PELLATE PROCEDURE . 4
(2) A PARTY OTHER THAN THE COVER ED JURISDICTION MAY NOT 5
FILE AN ACTION TO AP PEAL A DENIAL OF PRE CLEARANCE OR INTERVE NE IN AN 6
APPEAL ACTION BROUGHT BY TH E COVERED JURISDICTI ON. 7
(3) DUE TO THE FREQUENCY AND URGENCY OF ELECT IONS, ACTIONS 8
BROUGHT UNDER THIS S ECTION SHALL BE SUBJECT TO EX PEDITED PRETRIAL AND 9
TRIAL PROCEEDINGS AN D RECEIVE AN AUTOMAT IC CALENDAR PREFEREN CE ON 10
APPEAL. 11
15.5–407. 12
IF A COVERED JURISDIC TION ENACTS OR IMPLE MENTS A COVERED POLI CY 13
WITHOUT FIRST OBTAIN ING PRECLEARANCE IN ACCORDANCE WITH THIS SUBTITLE, 14
THE FOLLOWING PERSONS MAY FILE AN ACTION I N THE COURT TO ENJOIN THE 15
ENACTMENT OR IMPLEME NTATION OF A COVERED POLICY AND SEEK SANC TIONS: 16
(1) AN AGGRIEVED PERSON ; 17
(2) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDE S OR IS LIKELY 18
TO INCLUDE AGGRIEVE D PERSONS; 19
(3) AN ORGANIZATION WHOS E MISSION WOULD BE F RUSTRATED BY A 20
VIOLATION OF THIS SU BTITLE; 21
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURC ES IN ORDER 22
TO FULFILL ITS MISSI ON AS A RESULT OF A VIOLATION OF THIS SU BTITLE; OR 23
(5) THE ATTORNEY GENERAL. 24
15.5–408. 25
THE ATTORNEY GENERAL MAY ADOPT REGULATION S TO CARRY OUT THIS 26
SUBTITLE. 27
15.5–409. 28
A DETERMINATION BY THE ATTORNEY GENERAL OR THE COURT TO GRANT 29 26 SENATE BILL 660
OR DENY PRECLEARANCE TO A COVERED POLICY MAY NOT BE ADMISSIBL E OR 1
OTHERWISE CONSIDERED BY A COURT IN ANY SUBSEQU ENT ACTION CHALLENGI NG 2
THE COVERED POLICY . 3
SUBTITLE 5. PROHIBITION OF VOTER INTIMIDATION AND OBSTRUCTION. 4
15.5–501. 5
(A) A PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHE RWISE, 6
MAY NOT ENGAGE IN AC TS OF INTIMIDATION , DECEPTION, OR OBSTRUCTION THAT 7
INTERFERE WITH AN IN DIVIDUAL’S RIGHT TO VOTE. 8
(B) THE FOLLOWING SHALL C ONSTITUTE A VIOLATIO N OF SUBSECTION (A) 9
OF THIS SECTION: 10
(1) THE USE OF FORCE OR THREATS TO USE FORCE , OR THE USE OF 11
ANY OTHER CONDUCT TO PRACTICE INTIMIDATIO N THAT CAUSES OR WILL 12
REASONABLY HAVE THE EFFECT OF CAUSING IN TERFERENCE WITH AN 13
INDIVIDUAL’S RIGHT TO VOTE; 14
(2) THE KNOWING USE OF A DECEPTIVE OR FRAUDUL ENT DEVICE, 15
CONTRIVANCE , OR COMMUNICATION THA T CAUSES OR WILL REA SONABLY HAVE THE 16
EFFECT OF CAUSING I NTERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE; OR 17
(3) THE OBSTRUCTION OF , IMPEDIMENT TO , OR OTHER 18
INTERFERENCE WITH AC CESS TO A POLLING PL ACE, A BALLOT DROP BOX , OR AN 19
OFFICE OR A PLACE OF BUSINESS OF AN ELECT ION OFFICIAL OR A VO TER IN A 20
MANNER THAT CAUSES O R WILL REASONABLY HA VE THE EFFECT OF CAU SING 21
INTERFERENCE WITH ANY INDIV IDUAL’S RIGHT TO VOTE OR A NY DELAY IN VOTING 22
OR THE VOTING PROCES S. 23
(C) THE FOLLOWING PERSONS MAY FILE AN ACTION A LLEGING A VIOLATION 24
OF THIS SECTION IN T HE COURT: 25
(1) AN AGGRIEVED PERSON ; 26
(2) AN ORGANIZATION WHOS E MEMBERSHIP INCLUDES OR IS LIKEL Y 27
TO INCLUDE AGGRIEVED PERSONS; 28
(3) AN ORGANIZATION WHOS E MISSION WOULD BE F RUSTRATED BY A 29
VIOLATION OF THIS SE CTION; 30
(4) AN ORGANIZATION THAT WOULD EXPEND RESOURC ES IN ORDER 31 SENATE BILL 660 27
TO FULFILL ITS MISSI ON AS A RESULT OF A VIOLATION OF T HIS SECTION; OR 1
(5) THE ATTORNEY GENERAL. 2
(D) (1) (I) IF THE COURT FINDS A VIOLATI ON OF THIS SECTION , THE 3
COURT SHALL ORDER APP ROPRIATE REMEDIES TH AT ARE TAILORED TO A DDRESS 4
THE VIOLATION. 5
(II) THE REMEDIES ORDERED UNDER SUBPARAGRAPH (I) OF 6
THIS PARAGRAPH MAY I NCLUDE PROVIDING FOR ADDITIONAL TIME TO V OTE 7
DURING AN ELECTION . 8
(2) A PERSON WHO VIOLATES THIS SECTION OR WHO AIDS IN THE 9
VIOLATION OF THIS SE CTION SHALL BE LIABL E FOR ANY DAMAGES AW ARDED BY THE 10
COURT, INCLUDING NOMINAL DA MAGES FOR ANY VIOLAT ION AND COMPENSATORY 11
OR PUNITIVE DAMAGES FOR ANY WILLFUL VIOL ATION. 12
SUBTITLE 6. JURISDICTION AND PROCEEDINGS . 13
15.5–601. 14
IN ANY ACTION OR INVE STIGATION TO ENFORCE THIS TITLE, THE ATTORNEY 15
GENERAL MAY: 16
(1) ADMINISTER OATHS ; 17
(2) EXAMINE WITNESSES UNDER OATH ; 18
(3) RECEIVE ORAL AND DOC UMENTARY EVIDENCE ; 19
(4) DETERMINE MATERIAL F ACTS; AND 20
(5) ISSUE SUBPOENAS IN A CCORDANCE WITH THE O RDINARY RULES 21
OF CIVIL PROCEDURE . 22
15.5–602. 23
(A) ACTIONS BROUGHT UNDER THIS TITLE SHALL BE SUBJECT TO 24
EXPEDITED PRETRIAL A ND TRIAL PROCEEDINGS AND RECEIVE AN AUTOM ATIC 25
CALENDAR PREFERENCE . 26
(B) IF A PARTY SEEK ING PRELIMINARY RELIEF A LLEGES A VIOLATION OF 27
THIS TITLE THAT RELA TES TO AN UPCOMING E LECTION, THE COURT SHALL GRANT 28 28 SENATE BILL 660
RELIEF IF IT DETERMI NES THAT: 1
(1) THE PARTY IS MORE LI KELY THAN NOT TO SUC CEED ON THE 2
MERITS; AND 3
(2) IT IS POSSIBLE TO IM PLEMENT AN APPROPRIA TE REMEDY THAT 4
WOULD RESOLVE THE ALLEGED VIOLATION IN THE UPC OMING ELECTION . 5
SUBTITLE 7. COSTS AND FEES. 6
15.5–701. 7
(A) EXCEPT AS PROVIDED IN SUBSECTION (B)(2) OF THIS SECTION , IN AN 8
ACTION TO ENFORCE TH IS TITLE, THE COURT SHALL AWARD REA SONABLE 9
ATTORNEY’S FEES AND LITIGAT ION COSTS, INCLUDING EXPERT WIT NESS FEES AND 10
EXPENSES, TO THE PARTY THAT PR EVAILED IN THE ACTIO N. 11
(B) (1) IF THE STATE OR LOCAL GOVERN MENT IS AN OPPOSING PARTY, A 12
PARTY WILL BE DEEMED TO HAVE PREVAILED IN AN ACTION WHEN , AS A RESULT OF 13
THE ACTION, THE STATE OR LOCAL GOVERN MENT YIELDS SOME OR ALL OF THE 14
RELIEF SOUGHT IN THE ACTION. 15
(2) IF THE STATE OR LOCAL GOVERN MENT PREVAILS IN AN ACTION 16
UNDER THIS TITLE , THE COURT MAY NOT AWARD T HE STATE OR LOCAL 17
GOVERNMENT ANY COSTS UNLESS THE COURT FINDS THE ACTIO N TO BE 18
FRIVOLOUS. 19
15.5–702. 20
(A) THE STATE BOARD SHALL: 21
(1) CONDUCT AN ASSESSMEN T OF THE NEEDS OF A LOCAL 22
GOVERNMENT REGARDING COMPLIANCE WITH SUBTITLES 3 AND 4 OF THIS TITLE; 23
AND 24
(2) AWARD GRANTS TO LOCA L GOVERNMENTS , BASED ON THE NEEDS 25
ASSESSMENT , TO SUPPORT: 26
(I) LANGUAGE ASSISTANCE AND MULTILINGUAL MAT ERIALS 27
PROVIDED TO VOTERS O F LIMITED ENGLISH PROFICIENCY U NDER SUBTITLE 3 OF 28
THIS TITLE; AND 29
SENATE BILL 660 29
(II) ASSISTANCE TO LOCAL GOVERNMENTS IN SUBMI TTING 1
COVERED POLICIES FOR PRECLEARANCE UNDER SUBTITLE 4 OF THIS TITLE. 2
(B) THE STATE BOARD MAY AWARD GRANTS TO: 3
(1) LOCAL GOVERNMENTS TO FURTHER THE PURPOSES OF THIS 4
TITLE, INCLUDING BY SUPPORT ING: 5
(I) DEVELOPMENT AND DIST RIBUTION OF EDUCATIO NAL 6
MATERIALS REGARDING VOTING RIGHTS AND TH E VOTING PROCESS ; 7
(II) PUBLIC EDUCATION CAM PAIGNS REGARDING VOT ING 8
RIGHTS AND THE ELECT ION PROCESS; 9
(III) PROVIDING TRAINING A ND RESOURCES TO LOCA L 10
ELECTION OFFICIALS , ELECTION JUDGES , AND VOLUNTEERS ; 11
(IV) VOTER OUTREACH EFFOR TS TARGETED AT HIS TORICALLY 12
DISENFRANCHISED COMM UNITIES; AND 13
(V) ESTABLISHING MECHANI SMS FOR VOTERS TO RE PORT 14
INCIDENTS OF VOTER I NTIMIDATION, SUPPRESSION , OR DISCRIMINATION TO 15
VOTING OFFICIALS ; AND 16
(2) COMMUNITY –BASED, CIVIC, AND CIVIL RIGHTS ORG ANIZATIONS 17
TO SUPPORT: 18
(I) VOTER EDUCATION AND MOBILIZATION; 19
(II) VOTER REGISTRATION D RIVES; 20
(III) CANDIDATE FORUMS ; 21
(IV) GET–OUT–THE–VOTE CAMPAIGNS ; AND 22
(V) RESEARCH PROJECTS DE SIGNED TO IDENTIFY B EST 23
PRACTICES FOR IMPROV ING VOTER PARTICIPAT ION, CIVIC ENGAGEMENT , AND 24
BALLOT ACCESS . 25
(C) THE STATE BOARD SHALL ESTABLISH AND PUBLISH PROCEDUR ES FOR: 26
(1) CONDUCTING THE NEEDS ASSESSMENT REQUIRED UNDER 27
SUBSECTION (A)(1) OF THIS SECTION; AND 28 30 SENATE BILL 660
(2) AWARDING GRANTS UNDE R THIS SECTION. 1
(D) THE STATE BOARD SHALL ADOPT REGULATIONS TO CARRY OUT THIS 2
SECTION, INCLUDING PROCEDURES TO MONITOR THE USE O F GRANT FUNDS 3
AWARDED UNDER THIS SECTION . 4
15.5–703. 5
(A) IN THIS SECTION , “FUND” MEANS THE VOTING RIGHTS ACT 6
IMPLEMENTATION GRANT FUND. 7
(B) THERE IS A VOTING RIGHTS ACT IMPLEMENTATION GRANT FUND. 8
(C) THE PURPOSE OF THE FUND IS TO MAKE GRANTS TO SUPPORT 9
ACTIVITIES DESIGNED TO FURTHER VOTING RI GHTS IN THE STATE. 10
(D) THE STATE BOARD SHALL ADMINISTER THE FUND. 11
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 12
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 13
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 14
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 15
(F) THE FUND CONSISTS OF : 16
(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; 17
(2) INTEREST EARNINGS ; AND 18
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 19
THE BENEFIT OF THE FUND. 20
(G) THE FUND MAY BE USED ONLY TO: 21
(1) AWARD GRANTS UNDER § 15.5–702 OF THIS SUBTITLE; AND 22
(2) COVER ADMINISTRATIVE EXPENSES RELATED TO THE FUND. 23
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 24
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 25
SENATE BILL 660 31
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 1
THE FUND. 2
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 3
WITH THE STATE BUDGET . 4
Article – State Finance and Procurement 5
6–226. 6
(a) (2) (i) Notwithstanding any other provision of law, and unless 7
inconsistent with a federal law, grant agreement, or other federal requirement or with the 8
terms of a gift or settlement agreement, net interest on all State money allocated by the 9
State Treasurer under this section to special funds or accounts, and otherwise entitled to 10
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 11
Fund of the State. 12
(ii) The provisions of subparagraph (i) of this paragraph do not apply 13
to the following funds: 14
189. the Teacher Retention and Development Fund; [and] 15
190. the Protecting Against Hate Crimes Grant Fund; AND 16
191. THE VOTING RIGHTS ACT IMPLEMENTATION GRANT 17
FUND. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
January 1, 2025. 20