EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0342*
SENATE BILL 342
G1 5lr2168
SB 413/22 – EHE
By: Senator Sydnor Senators Sydnor, Ferguson, Augustine, Attar, Beidle, Benson,
Brooks, Charles, Ellis, Feldman, Gile, Guzzone, Hayes, Henson, Hester,
Hettleman, C. Jackson, M. Jackson, Kagan, King, Kramer, Lam,
Lewis Young, Love, McCray, Muse, Rosapepe, Smith, Waldstreicher,
A. Washington, M. Washington, Watson, and Zucker
Introduced and read first time: January 16, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 26, 2025
CHAPTER ______
AN ACT concerning 1
Voting Rights Act of 2025 – Counties and Municipalities Municipal Corporations 2
FOR the purpose of prohibiting the imposition or application of a method for electing the 3
governing body of a county or municipality municipal corporation that impairs the 4
ability of members of a protected class to elect candidates of the members’ choice or 5
influence the outcome of an election by diluting or abridging the rights of voters who 6
are members of a protected class; providing for the application of this Act if a court 7
issues a certain holding; and generally relating to voting rights of members of 8
protected classes in counties and municipalities municipal corporations. 9
BY adding to 10
Article – Election Law 11
Section 8–901 through 8–905 8–906 to be under the new subtitle “Subtitle 9. Voting 12
Rights – Counties and Municipal Corporations” 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Local Government 17
Section 4–601 through 4–605 to be under the new subtitle “Subtitle 6. Voting Rights 18
– Municipalities” 19 2 SENATE BILL 342
Annotated Code of Maryland 1
(2013 Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Election Law 5
SUBTITLE 9. VOTING RIGHTS – COUNTIES AND MUNICIPAL CORPORATIONS . 6
8–901. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 10
DIFFERENCE, AS DEFINED IN FEDERA L CASE LAW REGARDING ENFORCEMENT OF 11
THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 12
OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PR OTECTED 13
CLASS AND IN THE CHO ICE OF CANDIDATES AN D ELECTORAL CHOICES THAT ARE 14
PREFERRED BY VOTERS IN THE REST OF THE ELECTORATE . 15
(C) “PROTECTED CLASS ” MEANS A CLASS OF VOT ERS WHO ARE MEMBERS 16
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 17
AND DEFINED IN THE F EDERAL VOTING RIGHTS ACT OF 1965 AND IN RELATED 18
FEDERAL CASE LAW . 19
8–902. 20
(A) THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A COUNTY OR 21
MUNICIPAL CORPORATIO N. 22
(B) THIS SUBTITLE DOES NO T APPLY TO STATEWIDE ELECTIONS. 23
8–903. 24
(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A COUNTY OR 25
MUNICIPAL CORPORATIO N MAY NOT BE IMPOSED O R APPLIED IN A MANNER THAT 26
IMPAIRS THE ABILITY OF MEMBERS OF A PROT ECTED CLASS TO ELECT CANDIDATES 27
OF THE MEMBERS ’ CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE 28
OUTCOME OF AN ELECTI ON AS A RESULT OF TH E DILUTION OR THE AB RIDGEMENT 29
OF THE RIGHTS OF VOT ERS WHO ARE MEMBERS OF A PROTECT ED CLASS. 30
(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 31
SENATE BILL 342 3
(1) ELECTIONS IN A COUNT Y OR MUNICIPAL CORPORA TION EXHIBIT 1
POLARIZED VOTING ; AND 2
(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 3
STRENGTH OF MEMBERS OF A PROT ECTED CLASS TO ELECT A CANDIDATE OF THE 4
MEMBERS’ CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE OUTCOME OF AN 5
ELECTION, AS DEMONSTRATED BY T HE EXISTENCE OF ONE OR MORE METHODS OF 6
ELECTION THAT COULD BE CONSTITUTIONALLY ADOPTED THAT WOU LD LIKELY 7
MITIGATE THE DILUTIO N. 8
8–904. 9
(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 10
8–903(B)(1) OF THIS SUBTITLE, THE COURT SHALL CONS IDER: 11
(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 12
BEHAVIOR, AS APPROVED IN FEDER AL CASE LAW , TO ENFORCE THE FEDER AL 13
VOTING RIGHTS ACT OF 1965; 14
(2) ELECTIONS OF THE GOV ERNING BODY OF THE C OUNTY OR 15
MUNICIPAL CORPORATIO N; 16
(3) BALLOT QUESTION ELEC TIONS; 17
(4) ELECTIONS WHERE AT L EAST ONE CANDIDATE I S A MEMBER OF A 18
PROTECTED CLASS ; AND 19
(5) OTHER ELECTORAL CHOIC ES THAT AFFECT THE R IGHTS AND 20
PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 21
(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE F ILING OF AN 22
ACTION TO ENFORCE § 8–903(A) OF THIS SUBTITLE ARE MORE PROBATIVE TO 23
ESTABLISH THE EXISTE NCE OF POLARIZED VOTING THAN E LECTIONS CONDUCTED 24
AFTER THE FILING OF AN ACTION. 25
(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 26
PROTECTED CLASS AND WHO WERE ELECTED BEF ORE THE FILING OF AN ACTION TO 27
ENFORCE § 8–903(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 28
POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 29
PROTECTED CLASS TO E LECT CANDIDATES OF T HE MEMBERS ’ CHOICE. 30
(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 31
GEOGRAPHICALLY COMPA CT OR CONCENTRATED M AY NOT PRECLUDE A FI NDING OF 32 4 SENATE BILL 342
POLARIZED VOTING OR A VIOLATION OF § 8–903(A) OF THIS SUBTITLE , BUT IT MAY 1
BE A FACTOR THAT IS CONSIDERED IN DETERMINING AN AP PROPRIATE REMEDY . 2
8–905. 3
IN DETERMINING WHETHE R A VIOLATION OF § 8–903(A) OF THIS SUBTITLE 4
HAS OCCURRED WITH RE SPECT TO A PROTECTED CLASS , THE COURT MAY CONSID ER 5
EVIDENCE RELEVANT TO WHETHER PROTECTED CL ASS MEMBERS ARE VULN ERABLE 6
TO OR OTHERWISE AT R ISK OF VOTING DISCRI MINATION, INCLUDING: 7
(1) THE HISTORY AND EFFE CTS OF DISCRIMINATIO N; AND 8
(2) THE EXTENT TO WHICH PROTECTED CLASS MEMBERS EN COUNTER 9
BARRIERS, DISPARITIES, OR HOSTILITY REGARDI NG POLITICAL PARTICI PATION 10
AND CIVIC LIFE. 11
8–906. 12
(A) A THE OFFICE OF THE ATTORNEY GENERAL AND ANY OTHER PERSON 13
MAY BRING AN ACTION TO ENFORCE § 8–903 OF THIS SUBTITLE IN THE COUNTY 14
WHERE THE VIOLATION ALLEGEDLY OCCURRED F OR INJUNCTIVE RELIEF , 15
DAMAGES, OR OTHER RELIEF . 16
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE COURT 17
FINDS A VIOLATION OF THIS SUBTITLE, THE COURT SHALL HAVE BROAD AUTHORITY 18
TO OTHER APPROPRIATE REMEDIES THAT ARE TAILORE D TO ADDRESS THE 19
VIOLATION. 20
(2) A COURT MAY NOT ORDER THE ADOPTION OF A ME THOD OF 21
ELECTION THAT IS INC ONSISTENT WITH THE M ETHODS OF ELECTIONS IN USE IN 22
COUNTIES IN THE STATE WITHOUT THE CON SENT OF THE RELEVANT JURISDICTION. 23
(C) (1) THE COURT SHALL CONSI DER REMEDIES PROPOSE D BY ANY 24
PARTIES TO THE ACTIO N OR INTERESTED PART IES. 25
(2) THE COURT MAY NOT GIV E DEFERENCE OR PRIOR ITY TO A 26
PROPOSED REMEDY BECA USE IT IS PROPOSED B Y A COUNTY OR MUNICI PAL 27
CORPORATION . 28
(D) A COURT MAY GRANT PR ELIMINARY RELIEF REQ UESTED UNDER THIS 29
SECTION REGARDING AN UPCOMING ELECTION IF THE COURT DETERMINES : 30
(1) THAT THE PARTY IS MO RE LIKELY THAN NOT T O SUCCEED ON THE 31
MERITS; AND 32 SENATE BILL 342 5
(2) IT IS POSSIBLE TO IM PLEMENT AN APPROPRIA TE REMEDY THAT 1
WOULD RESOLVE TH E VIOLATION ALLEGED UNDER THIS SECTION B EFORE THE 2
ELECTION. 3
Article – Local Government 4
SUBTITLE 6. VOTING RIGHTS – MUNICIPALITIES. 5
4–601. 6
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(B) “POLARIZED VOTING ” MEANS VOTING IN WHICH THERE IS A 9
DIFFERENCE, AS DEFINED IN FEDERA L CASE LAW REGARDING ENFORCEMENT OF 10
THE FEDERAL VOTING RIGHTS ACT OF 1965, IN THE CHOICE OF CAN DIDATES OR 11
OTHER ELECTORAL CHOI CES THAT ARE PREFERR ED BY VOTERS IN A PR OTECTED 12
CLASS AND IN THE CHO ICE OF CANDID ATES AND ELECTORAL C HOICES THAT ARE 13
PREFERRED BY VOTERS IN THE REST OF THE E LECTORATE. 14
(C) “PROTECTED CLASS ” MEANS A CLASS OF VOT ERS WHO ARE MEMBERS 15
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED 16
AND DEFINED IN THE F EDERAL VOTING RIGHTS ACT OF 1965 AND IN RELATED 17
FEDERAL CASE LAW . 18
4–602. 19
THIS SUBTITLE APPLIES ONLY TO ELECTIONS IN A MUNICIPALITY. 20
4–603. 21
(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A MUNICIPALITY 22
MAY NOT BE IMPOSED O R APPLIED IN A MANNE R THAT IMPAIRS THE ABILITY OF 23
MEMBERS OF A PROTECT ED CLASS TO ELECT CA NDIDATES OF THE MEMB ERS’ 24
CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE OUTCOME OF AN EL ECTION 25
AS A RESULT OF THE D ILUTION OR THE ABRID GEMENT OF THE RIGHTS OF VOTERS 26
WHO ARE MEMBERS OF A PROTECTED CLASS . 27
(B) A VIOLATION OF SUBSECT ION (A) OF THIS SECTION IS E STABLISHED IF: 28
(1) ELECTIONS IN A MUNIC IPALITY EXHIBIT POLA RIZED VOTING; AND 29
6 SENATE BILL 342
(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 1
STRENGTH OF MEMBERS OF A PROTECTED CLASS TO ELECT A CANDIDATE OF THE 2
MEMBERS’ CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE OUTCOME OF AN 3
ELECTION. 4
4–604. 5
(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 6
4–603(B)(1) OF THIS SUBTITLE, THE COURT SHALL CONS IDER: 7
(1) THE METHODOLOGIES FO R ESTIMATING GROUP VOT ING 8
BEHAVIOR, AS APPROVED IN FEDER AL CASE LAW , TO ENFORCE THE FEDER AL 9
VOTING RIGHTS ACT OF 1965; 10
(2) ELECTIONS OF THE GOV ERNING BODY OF THE M UNICIPALITY; 11
(3) BALLOT QUESTION ELEC TIONS; 12
(4) ELECTIONS WHERE AT L EAST ONE CANDIDAT E IS A MEMBER OF A 13
PROTECTED CLASS ; AND 14
(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 15
PRIVILEGES OF MEMBER S OF A PROTECTED CLA SS. 16
(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE F ILING OF AN 17
ACTION TO ENFORCE § 4–603(A) OF THIS SUBTITLE ARE MORE PROBATIVE TO 18
ESTABLISH THE EXISTE NCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 19
AFTER THE FILING OF AN ACTION. 20
(2) THE ELECTION OF CANDI DATES WHO ARE MEMBER S OF A 21
PROTECTED CLASS AND WHO WERE ELECTED BEF ORE THE FILING OF AN ACTION TO 22
ENFORCE § 4–603(A) OF THIS SUBTITLE MAY NOT PRECLUDE A FINDI NG OF 23
POLARIZED VOTING THA T RESULTS IN AN UNEQ UAL OPPORTUNITY FOR A 24
PROTECTED CLASS TO E LECT CANDIDATES OF T HE MEMBERS ’ CHOICE. 25
(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 26
GEOGRAPHICALLY COMPA CT OR CONCENTRATED MAY NOT PRECLUDE A FINDI NG OF 27
POLARIZED VOTING OR A VIOLATION OF § 4–603(A) OF THIS SUBTITLE , BUT IT MAY 28
BE A FACTOR THAT IS CONSIDERED . 29
4–605. 30
SENATE BILL 342 7
A PERSON MAY BRING AN ACTION TO ENFORCE § 4–603 OF THIS SUBTITLE IN 1
THE MUNICIPALITY WHE RE THE VIOLATION ALLEGEDL Y OCCURRED FOR 2
INJUNCTIVE RELIEF , DAMAGES, OR OTHER RELIEF . 3
SECTION 2. AND BE IT FURTHER ENACTED, That, if a court issues a holding 4
that affects the application of a provision of this Act, the ruling does not affect other 5
provisions or any other application of this Act that can be given effect without the affected 6
provision or application, and for this purpose the provisions of this Act are declared 7
severable. 8
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2025. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.