1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0052* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 52 |
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8 | 8 | | G1, F1 CONSTITUTIONAL AMENDMENT 5lr1031 |
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9 | 9 | | HB 373/24 – W&M (PRE–FILED) |
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10 | 10 | | By: Delegate Vogel |
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11 | 11 | | Requested: October 1, 2024 |
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12 | 12 | | Introduced and read first time: January 8, 2025 |
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13 | 13 | | Assigned to: Ways and Means |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | Election Law – Voting Age – Board of Education Elections 2 |
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20 | 20 | | (Your School, Your Voice Act) 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of authorizing the General Assembly to provide by suitable enactment the 4 |
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23 | 23 | | authority of a county to lower the age at which an individual may vote in an election 5 |
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24 | 24 | | for members of an elected county board of education; authorizing, if authorized by 6 |
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25 | 25 | | the county in which the individual is registered to vote, an individual under a certain 7 |
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26 | 26 | | age to vote in an election for members of an elected county board of education; 8 |
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27 | 27 | | authorizing a county to enact a local law that allows an individual who is at least a 9 |
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28 | 28 | | certain age to vote in an election for members of an elected county board of education; 10 |
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29 | 29 | | and generally relating to the age at which an individual may vote in board of 11 |
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30 | 30 | | education elections. 12 |
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31 | 31 | | |
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32 | 32 | | BY proposing an amendment to the Maryland Constitution 13 |
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33 | 33 | | Article I – Elective Franchise 14 |
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34 | 34 | | Section 1 15 |
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35 | 35 | | |
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36 | 36 | | BY proposing an addition to the Maryland Constitution 16 |
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37 | 37 | | Article I – Elective Franchise 17 |
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38 | 38 | | Section 1A 18 |
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39 | 39 | | |
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40 | 40 | | BY repealing and reenacting, with amendments, 19 |
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41 | 41 | | Article – Election Law 20 |
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42 | 42 | | Section 3–102 21 |
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43 | 43 | | Annotated Code of Maryland 22 |
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44 | 44 | | (2022 Replacement Volume and 2024 Supplement) 23 |
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45 | 45 | | |
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46 | 46 | | BY adding to 24 |
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47 | 47 | | Article – Election Law 25 |
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48 | 48 | | Section 3–102.1 26 2 HOUSE BILL 52 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | Annotated Code of Maryland 1 |
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52 | 52 | | (2022 Replacement Volume and 2024 Supplement) 2 |
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53 | 53 | | |
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54 | 54 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 |
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55 | 55 | | (Three–fifths of all the members elected to each of the two Houses concurring), That it be 4 |
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56 | 56 | | proposed that the Maryland Constitution read as follows: 5 |
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57 | 57 | | |
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58 | 58 | | Article I – Elective Franchise 6 |
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59 | 59 | | |
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60 | 60 | | 1. 7 |
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61 | 61 | | |
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62 | 62 | | All elections shall be by ballot. Except as provided in SECTION 1A, Section 2A, or 8 |
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63 | 63 | | Section 3 of this article, every citizen of the United States, of the age of 18 years or upwards, 9 |
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64 | 64 | | who is a resident of the State as of the time for the closing of registration next preceding 10 |
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65 | 65 | | the election, shall be entitled to vote in the ward or election district in which the citizen 11 |
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66 | 66 | | resides at all elections to be held in this State. [A person] AN INDIVIDUAL once entitled to 12 |
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67 | 67 | | vote in any election district, shall be entitled to vote there until the [person] INDIVIDUAL 13 |
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68 | 68 | | shall have acquired a residence in another election district or ward in this State. 14 |
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69 | 69 | | |
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70 | 70 | | 1A. 15 |
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71 | 71 | | |
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72 | 72 | | THE GENERAL ASSEMBLY SHALL HAVE T HE POWER TO PROVIDE BY SUITABLE 16 |
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73 | 73 | | ENACTMENT THE AUTHOR ITY OF A COUNTY TO L OWER THE AGE AT WHIC H AN 17 |
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74 | 74 | | INDIVIDUAL MAY VOTE IN AN ELECTION FOR T HE MEMBERS OF AN ELE CTED COUNTY 18 |
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75 | 75 | | BOARD OF EDUCATION . 19 |
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76 | 76 | | |
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77 | 77 | | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20 |
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78 | 78 | | as follows: 21 |
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79 | 79 | | |
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80 | 80 | | Article – Election Law 22 |
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81 | 81 | | |
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82 | 82 | | 3–102. 23 |
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83 | 83 | | |
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84 | 84 | | (a) (1) Except as provided in subsection (b) of this section, an individual may 24 |
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85 | 85 | | become registered to vote if the individual: 25 |
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86 | 86 | | |
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87 | 87 | | (i) is a citizen of the United States; 26 |
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88 | 88 | | |
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89 | 89 | | (ii) is at least 16 years old; 27 |
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90 | 90 | | |
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91 | 91 | | (iii) is a resident of the State as of the day the individual seeks to 28 |
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92 | 92 | | register; and 29 |
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93 | 93 | | |
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94 | 94 | | (iv) registers pursuant to this title. 30 |
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95 | 95 | | HOUSE BILL 52 3 |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | (2) Notwithstanding paragraph (1)(ii) of this subsection, an individual 1 |
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99 | 99 | | under the age of 18 years: 2 |
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100 | 100 | | |
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101 | 101 | | (i) may vote in a primary election in which candidates are 3 |
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102 | 102 | | nominated for a general or special election that will occur when the individual is at least 4 |
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103 | 103 | | 18 years old; [and] 5 |
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104 | 104 | | |
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105 | 105 | | (ii) IF AUTHORIZED UNDER § 3–102.1 OF THIS SUBTITLE BY THE 6 |
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106 | 106 | | COUNTY IN WHICH THE INDIVIDUAL IS REGIST ERED TO VOTE , MAY VOTE IN AN 7 |
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107 | 107 | | ELECTION FOR MEMBERS OF AN ELECTED COUNTY BOARD OF EDUCATION ; AND 8 |
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108 | 108 | | |
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109 | 109 | | (III) may not vote in any other election. 9 |
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110 | 110 | | |
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111 | 111 | | (b) An individual is not qualified to be a registered voter if the individual: 10 |
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112 | 112 | | |
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113 | 113 | | (1) has been convicted of a felony and is currently serving a court–ordered 11 |
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114 | 114 | | sentence of imprisonment for the conviction; 12 |
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115 | 115 | | |
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116 | 116 | | (2) is under guardianship for mental disability and a court of competent 13 |
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117 | 117 | | jurisdiction has specifically found by clear and convincing evidence that the individual 14 |
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118 | 118 | | cannot communicate, with or without accommodations, a desire to participate in the voting 15 |
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119 | 119 | | process; or 16 |
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120 | 120 | | |
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121 | 121 | | (3) has been convicted of buying or selling votes. 17 |
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122 | 122 | | |
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123 | 123 | | 3–102.1. 18 |
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124 | 124 | | |
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125 | 125 | | A COUNTY MAY ENACT A L OCAL LAW THAT ALLOWS AN INDIVIDUAL WHO IS AT 19 |
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126 | 126 | | LEAST 16 YEARS OLD TO VOTE IN AN ELECTION FOR MEMB ERS OF AN ELECTED 20 |
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127 | 127 | | COUNTY BOARD OF EDUC ATION. 21 |
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128 | 128 | | |
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129 | 129 | | SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 22 |
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130 | 130 | | determines that the amendment to the Maryland Constitution proposed by Section 1 of this 23 |
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131 | 131 | | Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 24 |
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132 | 132 | | Constitution concerning local approval of constitutional amendments do not apply. 25 |
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133 | 133 | | |
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134 | 134 | | SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the 26 |
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135 | 135 | | Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 27 |
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136 | 136 | | voters of the State at the next general election to be held in November 2026 for adoption or 28 |
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137 | 137 | | rejection in accordance with Article XIV of the Maryland Constitution. At that general 29 |
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138 | 138 | | election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 30 |
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139 | 139 | | each ballot there shall be printed the words “For the Constitutional Amendment” and 31 |
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140 | 140 | | “Against the Constitutional Amendment”, as now provided by law. Immediately after the 32 |
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141 | 141 | | election, all returns shall be made to the Governor of the vote for and against the proposed 33 |
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142 | 142 | | amendment, as directed by Article XIV of the Maryland Constitution, and further 34 |
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143 | 143 | | proceedings had in accordance with Article XIV. 35 4 HOUSE BILL 52 |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 1 |
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148 | 148 | | contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 2 |
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149 | 149 | | ratification by the voters of the State. 3 |
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150 | 150 | | |
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151 | 151 | | SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 4 |
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152 | 152 | | Section 5 of this Act, Section 2 of this Act shall take effect on the proclamation of the 5 |
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153 | 153 | | Governor that the constitutional amendment, having received a majority of the votes cast 6 |
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154 | 154 | | at the general election, has been adopted by the people of Maryland. 7 |
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155 | 155 | | |
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