EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0733*
HOUSE BILL 733
G1, F1 5lr1716
By: Delegates Miller, Arentz, Boafo, Grammer, Hutchinson, Nawrocki, Otto,
Roberson, Rose, Schmidt, Szeliga, and Valentine
Introduced and read first time: January 27, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Elections for County Boards of Education – Party Designation or Affiliation – 2
Certificates of Candidacy and Ballots 3
FOR the purpose of authorizing a candidate for election to a county board of education to 4
disclose the candidate’s party designation or party affiliation on the candidate’s 5
certificate of candidacy; prohibiting a local board of elections from disqualifying a 6
candidate for election to a county board for disclosing the candidate’s party 7
designation or party affiliation; requiring each local board to include certain 8
information on a ballot under certain circumstances; and generally relating to 9
candidates for election to a county board of education. 10
BY repealing and reenacting, without amendments, 11
Article – Election Law 12
Section 8–801 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Election Law 17
Section 8–802 and 8–803 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Election Law 22
Section 9–205.1 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2024 Supplement) 25
2 HOUSE BILL 733
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Election Law 3
8–801. 4
Except as otherwise provided in this subtitle and in Title 3 of the Education Article, 5
the provisions of this article relating to the nomination and election of candidates to public 6
office shall govern the nomination and election of members to an elected county board of 7
education. 8
8–802. 9
(a) (1) (i) [Members] NOTWITHSTANDING PARAG RAPH (3) OF THIS 10
SUBSECTION, MEMBERS of boards of education shall be elected on a nonpartisan basis. 11
(ii) In a primary election to nominate board of education candidates, 12
any registered voter of the county, regardless of party affiliation or lack of party affiliation, 13
is eligible to vote in those contests for nomination. 14
(2) Candidates for election to boards of education shall[, without party 15
designation or regard to party affiliation]: 16
(i) file certificates of candidacy; 17
(ii) be certified to the ballot; 18
(iii) appear on the ballot; 19
(iv) be voted on; and 20
(v) be nominated and elected. 21
(3) A CANDIDATE FOR ELECTI ON TO A BOARD OF EDU CATION MAY 22
DISCLOSE THE CANDIDA TE’S PARTY DESIGNATION OR PARTY AFFILIATION ON THE 23
CANDIDATE’S CERTIFICATE OF CAN DIDACY. 24
(b) This section does not apply to candidates for nomination or election to a board 25
of education if Title 3 of the Education Article requires a partisan election. 26
8–803. 27
(a) Before certifying the name of a board of education candidate to appear on the 28
ballot, the local board shall determine whether the candidate qualifies as provided under 29
Title 3 of the Education Article and Title 5 of this article. 30 HOUSE BILL 733 3
(b) (1) Unless Title 3 of the Education Article requires a partisan election AND 1
EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION , an individual may not 2
qualify as a board of education candidate or nominee by filing a petition or being nominated 3
by a political party. 4
(2) THE LOCAL BOARD MAY N OT DISQUALIFY A CAND IDATE UNDER 5
THIS SECTION BECAUSE THE CANDIDATE DISCLO SED THE CANDIDATE ’S PARTY 6
DESIGNATION OR PARTY AFFILIATION UNDER § 8–802(A)(3) OF THIS SUBTITLE. 7
9–205.1. 8
(A) IF A CANDIDATE FOR ELECTION TO A BO ARD OF EDUCATION DIS CLOSES 9
THE CANDIDATE’S PARTY DESIGNATION OR PARTY AFFILIATION ON THE 10
CERTIFICATE OF CANDI DACY UNDER § 8–802(A)(3) OF THIS ARTICLE , THE LOCAL 11
BOARD SHALL INCLUDE THE PARTY DESIGNATIO N OR PARTY AFFILIATI ON OF THE 12
CANDIDATE ON THE BALLOT . 13
(B) UNLESS TITLE 3 OF THE EDUCATION ARTICLE REQUIRES A PA RTISAN 14
ELECTION, AN ELECTION FOR A CA NDIDATE TO A BOARD O F EDUCATION SHALL BE 15
NONPARTISAN REGARDLESS OF THE INCLUSION OF PARTY D ESIGNATION OR PARTY 16
AFFILIATION ON A BAL LOT IN ACCORDANCE WI TH THIS SECTION. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2025. 19