Maryland 2025 Regular Session

Maryland House Bill HB733 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0733*
66
77 HOUSE BILL 733
88 G1, F1 5lr1716
99
1010 By: Delegates Miller, Arentz, Boafo, Grammer, Hutchinson, Nawrocki, Otto,
1111 Roberson, Rose, Schmidt, Szeliga, and Valentine
1212 Introduced and read first time: January 27, 2025
1313 Assigned to: Ways and Means
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Elections for County Boards of Education – Party Designation or Affiliation – 2
2020 Certificates of Candidacy and Ballots 3
2121
2222 FOR the purpose of authorizing a candidate for election to a county board of education to 4
2323 disclose the candidate’s party designation or party affiliation on the candidate’s 5
2424 certificate of candidacy; prohibiting a local board of elections from disqualifying a 6
2525 candidate for election to a county board for disclosing the candidate’s party 7
2626 designation or party affiliation; requiring each local board to include certain 8
2727 information on a ballot under certain circumstances; and generally relating to 9
2828 candidates for election to a county board of education. 10
2929
3030 BY repealing and reenacting, without amendments, 11
3131 Article – Election Law 12
3232 Section 8–801 13
3333 Annotated Code of Maryland 14
3434 (2022 Replacement Volume and 2024 Supplement) 15
3535
3636 BY repealing and reenacting, with amendments, 16
3737 Article – Election Law 17
3838 Section 8–802 and 8–803 18
3939 Annotated Code of Maryland 19
4040 (2022 Replacement Volume and 2024 Supplement) 20
4141
4242 BY adding to 21
4343 Article – Election Law 22
4444 Section 9–205.1 23
4545 Annotated Code of Maryland 24
4646 (2022 Replacement Volume and 2024 Supplement) 25
4747 2 HOUSE BILL 733
4848
4949
5050 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
5151 That the Laws of Maryland read as follows: 2
5252
5353 Article – Election Law 3
5454
5555 8–801. 4
5656
5757 Except as otherwise provided in this subtitle and in Title 3 of the Education Article, 5
5858 the provisions of this article relating to the nomination and election of candidates to public 6
5959 office shall govern the nomination and election of members to an elected county board of 7
6060 education. 8
6161
6262 8–802. 9
6363
6464 (a) (1) (i) [Members] NOTWITHSTANDING PARAG RAPH (3) OF THIS 10
6565 SUBSECTION, MEMBERS of boards of education shall be elected on a nonpartisan basis. 11
6666
6767 (ii) In a primary election to nominate board of education candidates, 12
6868 any registered voter of the county, regardless of party affiliation or lack of party affiliation, 13
6969 is eligible to vote in those contests for nomination. 14
7070
7171 (2) Candidates for election to boards of education shall[, without party 15
7272 designation or regard to party affiliation]: 16
7373
7474 (i) file certificates of candidacy; 17
7575
7676 (ii) be certified to the ballot; 18
7777
7878 (iii) appear on the ballot; 19
7979
8080 (iv) be voted on; and 20
8181
8282 (v) be nominated and elected. 21
8383
8484 (3) A CANDIDATE FOR ELECTI ON TO A BOARD OF EDU CATION MAY 22
8585 DISCLOSE THE CANDIDA TE’S PARTY DESIGNATION OR PARTY AFFILIATION ON THE 23
8686 CANDIDATE’S CERTIFICATE OF CAN DIDACY. 24
8787
8888 (b) This section does not apply to candidates for nomination or election to a board 25
8989 of education if Title 3 of the Education Article requires a partisan election. 26
9090
9191 8–803. 27
9292
9393 (a) Before certifying the name of a board of education candidate to appear on the 28
9494 ballot, the local board shall determine whether the candidate qualifies as provided under 29
9595 Title 3 of the Education Article and Title 5 of this article. 30 HOUSE BILL 733 3
9696
9797
9898
9999 (b) (1) Unless Title 3 of the Education Article requires a partisan election AND 1
100100 EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION , an individual may not 2
101101 qualify as a board of education candidate or nominee by filing a petition or being nominated 3
102102 by a political party. 4
103103
104104 (2) THE LOCAL BOARD MAY N OT DISQUALIFY A CAND IDATE UNDER 5
105105 THIS SECTION BECAUSE THE CANDIDATE DISCLO SED THE CANDIDATE ’S PARTY 6
106106 DESIGNATION OR PARTY AFFILIATION UNDER § 8–802(A)(3) OF THIS SUBTITLE. 7
107107
108108 9–205.1. 8
109109
110110 (A) IF A CANDIDATE FOR ELECTION TO A BO ARD OF EDUCATION DIS CLOSES 9
111111 THE CANDIDATE’S PARTY DESIGNATION OR PARTY AFFILIATION ON THE 10
112112 CERTIFICATE OF CANDI DACY UNDER § 8–802(A)(3) OF THIS ARTICLE , THE LOCAL 11
113113 BOARD SHALL INCLUDE THE PARTY DESIGNATIO N OR PARTY AFFILIATI ON OF THE 12
114114 CANDIDATE ON THE BALLOT . 13
115115
116116 (B) UNLESS TITLE 3 OF THE EDUCATION ARTICLE REQUIRES A PA RTISAN 14
117117 ELECTION, AN ELECTION FOR A CA NDIDATE TO A BOARD O F EDUCATION SHALL BE 15
118118 NONPARTISAN REGARDLESS OF THE INCLUSION OF PARTY D ESIGNATION OR PARTY 16
119119 AFFILIATION ON A BAL LOT IN ACCORDANCE WI TH THIS SECTION. 17
120120
121121 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
122122 1, 2025. 19