EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0342*
SENATE BILL 342
G1 5lr2168
SB 413/22 – EHE
By: Senator Sydnor
Introduced and read first time: January 16, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Voting Rights Act of 2025 – Counties and Municipalities 2
FOR the purpose of prohibiting the imposition or application of a method for electing the 3
governing body of a county or municipality that impairs the ability of members of a 4
protected class to elect candidates of the members’ choice or influence the outcome 5
of an election by diluting or abridging the rights of voters who are members of a 6
protected class; and generally relating to voting rights of members of protected 7
classes in counties and municipalities. 8
BY adding to 9
Article – Election Law 10
Section 8–901 through 8–905 to be under the new subtitle “Subtitle 9. Voting Rights 11
– Counties” 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Local Government 16
Section 4–601 through 4–605 to be under the new subtitle “Subtitle 6. Voting Rights 17
– Municipalities” 18
Annotated Code of Maryland 19
(2013 Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Election Law 23
SUBTITLE 9. VOTING RIGHTS – COUNTIES. 24
2 SENATE BILL 342
8–901. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “POLARIZED VOTING ” MEANS VOTING IN WHICH THERE IS A 4
DIFFERENCE, AS DEFINED IN FEDERA L CASE LAW REGARDING ENFORCEMENT OF 5
THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 6
OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PR OTECTED 7
CLASS AND IN THE CHO ICE OF CANDIDATES AND ELECTORA L CHOICES THAT ARE 8
PREFERRED BY VOTERS IN THE REST OF THE E LECTORATE. 9
(C) “PROTECTED CLASS ” MEANS A CLASS OF VOT ERS WHO ARE MEMBERS 10
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 11
AND DEFINED IN THE F EDERAL VOTING RIGHTS ACT OF 1965 AND IN RELATED 12
FEDERAL CASE LAW . 13
8–902. 14
(A) THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A COUNTY. 15
(B) THIS SUBTITLE DOES NO T APPLY TO STATEWIDE ELECTIONS. 16
8–903. 17
(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A COUNTY MAY 18
NOT BE IMPOSED OR AP PLIED IN A MANNER TH AT IMPAIRS THE ABILI TY OF 19
MEMBERS OF A PROTECT ED CLASS TO ELECT CA NDIDATES OF THE MEMB ERS’ 20
CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE OUTCOME OF AN EL ECTION 21
AS A RESULT OF THE D ILUTION OR THE ABRID GEMENT OF THE RIGHTS OF VOTERS 22
WHO ARE MEMBERS OF A PROTECTED CLASS . 23
(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 24
(1) ELECTIONS IN A COUNT Y EXHIBIT POLARIZED VOTING; AND 25
(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 26
STRENGTH O F MEMBERS OF A PROTE CTED CLASS TO ELECT A CANDIDATE OF THE 27
MEMBERS’ CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE OUTCOME OF AN 28
ELECTION. 29
8–904. 30
SENATE BILL 342 3
(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 1
8–903(B)(1) OF THIS SUBTITLE, THE COURT SHALL CONSIDER: 2
(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 3
BEHAVIOR, AS APPROVED IN FEDER AL CASE LAW , TO ENFORCE THE FEDER AL 4
VOTING RIGHTS ACT OF 1965; 5
(2) ELECTIONS OF THE GOV ERNING BODY OF THE C OUNTY; 6
(3) BALLOT QUESTION ELEC TIONS; 7
(4) ELECTIONS WHERE AT L EAST ONE CANDIDATE I S A MEMBER OF A 8
PROTECTED CLASS ; AND 9
(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 10
PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 11
(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE F ILING OF AN 12
ACTION TO ENF ORCE § 8–903(A) OF THIS SUBTITLE ARE MORE PROBATIVE TO 13
ESTABLISH THE EXISTE NCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 14
AFTER THE FILING OF AN ACTION. 15
(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 16
PROTECTED CLASS AND WHO WERE ELECTED BEF ORE THE FILING OF AN ACTIO N TO 17
ENFORCE § 8–903(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 18
POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 19
PROTECTED CLASS TO E LECT CANDIDATES OF T HE MEMBERS ’ CHOICE. 20
(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 21
GEOGRAPHICALLY COMPA CT OR CONCENTRATED M AY NOT PRECLUDE A FI NDING OF 22
POLARIZED VOTING OR A VIOLATION OF § 8–903(A) OF THIS SUBTITLE , BUT IT MAY 23
BE A FACTOR THAT IS CONSIDERED . 24
8–905. 25
A PERSON MAY BRING AN ACTION TO ENFORCE § 8–903 OF THIS SUBTITLE IN 26
THE COUNTY WHERE THE VIOLATION ALLEGEDLY OCCURRED FOR INJUNCT IVE 27
RELIEF, DAMAGES, OR OTHER RELIEF . 28
Article – Local Government 29
SUBTITLE 6. VOTING RIGHTS – MUNICIPALITIES. 30
4 SENATE BILL 342
4–601. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 4
DIFFERENCE, AS DEFINED IN FEDERA L CASE LAW REGARDING ENFORCEMENT OF 5
THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 6
OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PROTECTED 7
CLASS AND IN THE CHO ICE OF CANDIDATES AN D ELECTORAL CHOICES THAT ARE 8
PREFERRED BY VOTERS IN THE REST OF THE E LECTORATE. 9
(C) “PROTECTED CLASS ” MEANS A CLASS OF VOT ERS WHO ARE MEMBERS 10
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 11
AND DEFINED IN THE F EDERAL VOTING RIGHTS ACT OF 1965 AND IN RELATED 12
FEDERAL CASE LAW . 13
4–602. 14
THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A MUNICIPALITY. 15
4–603. 16
(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A MUNICIPALITY 17
MAY NOT BE IMPOSED OR APPLIE D IN A MANNER THAT I MPAIRS THE ABILITY O F 18
MEMBERS OF A PROTECT ED CLASS TO ELECT CA NDIDATES OF THE MEMB ERS’ 19
CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE OUTCOME OF AN EL ECTION 20
AS A RESULT OF THE D ILUTION OR THE ABRID GEMENT OF THE RIG HTS OF VOTERS 21
WHO ARE MEMBERS OF A PROTECTED CLASS . 22
(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 23
(1) ELECTIONS IN A MUNIC IPALITY EXHIBIT POLA RIZED VOTING; AND 24
(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 25
STRENGTH OF MEMBERS OF A PR OTECTED CLASS TO ELE CT A CANDIDATE OF TH E 26
MEMBERS’ CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE OUTCOME OF AN 27
ELECTION. 28
4–604. 29
(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 30
4–603(B)(1) OF THIS SUBTITLE, THE COURT SHA LL CONSIDER: 31 SENATE BILL 342 5
(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 1
BEHAVIOR, AS APPROVED IN FEDER AL CASE LAW , TO ENFORCE THE FEDER AL 2
VOTING RIGHTS ACT OF 1965; 3
(2) ELECTIONS OF THE GOV ERNING BODY OF THE M UNICIPALITY; 4
(3) BALLOT QUESTION ELEC TIONS; 5
(4) ELECTIONS WHERE AT L EAST ONE CANDIDATE I S A MEMBER OF A 6
PROTECTED CLASS ; AND 7
(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 8
PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 9
(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE F ILING OF AN 10
ACTION TO ENFORCE § 4–603(A) OF THIS SUBTITLE ARE MORE PROBATIVE TO 11
ESTABLISH THE EXISTE NCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 12
AFTER THE FILING OF AN ACTION. 13
(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 14
PROTECTED CLASS AND WHO WERE ELECTED BEF ORE THE FILING OF AN ACTION TO 15
ENFORCE § 4–603(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 16
POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 17
PROTECTED CLASS TO E LECT CANDIDATES OF T HE MEMBERS ’ CHOICE. 18
(C) THE FACT THAT MEMBERS OF A PROT ECTED CLASS ARE NOT 19
GEOGRAPHICALLY COMPA CT OR CONCENTRATED M AY NOT PRECLUDE A FI NDING OF 20
POLARIZED VOTING OR A VIOLATION OF § 4–603(A) OF THIS SUBTITLE , BUT IT MAY 21
BE A FACTOR THAT IS CONSIDERED . 22
4–605. 23
A PERSON MAY BRING AN ACTION TO ENFORCE § 4–603 OF THIS SUBTITLE IN 24
THE MUNICIPALITY WHE RE THE VIOLATION ALL EGEDLY OCCURRED FOR 25
INJUNCTIVE RELIEF , DAMAGES, OR OTHER RELIEF . 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2025. 28