Laws governing local ballot measures in Maryland

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Maryland Constitution
Articles
Declaration of Rights • I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XI-A • XI-B • XI-C • XI-D • XI-E • XI-F • XI-G • XI-H • XI-I • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • XX

In Maryland, all 157 incorporated municipalities and the 9 charter counties have a mandated initiative process for local ballot measures, specifically proposed charter amendments.

This article sets out the laws governing local ballot measures in Maryland. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 23 counties, 157 cities, towns, and villages, and 162 special districts. Baltimore operates as an independent city.

School districts

See also: School bond and tax elections in Maryland

Under Maryland law, all new bonding for school districts and extensions to tax levies must be approved by County Board of Commissioners that oversees the county where the district is located. Maryland, Nevada, and South Carolina are the three states that structure their school districts at the county level rather than individual municipalities. The only part of the state that requires bond elections is Baltimore County. Only the County Executive of Baltimore County can call for a bond election. Maryland is one of nine states, along with the District of Columbia, that restrict school bond and tax elections.

Initiative process availability

• All nine charter counties have a mandated initiative process for charter amendments.
• All 157 cities and towns have a mandated initiative process for charter amendments. State laws make no mention of initiative for ordinances, and cities do not appear to have authority to grant this power on their own.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Municipal home rule powers and municipal charter amendment by initiative are granted in Maryland Constitution, Article XI-E. Art. XI-E, Sec. 4 states: "The adoption of a new charter, the amendment of any charter or local laws, or the repeal of any part of a charter or local laws shall be proposed either by a resolution of the legislative body of any such municipal corporation or by a petition containing the signatures of at least five per cent of the registered voters of a municipal corporation and filed with the legislative body of said municipal corporation. The General Assembly shall amplify the provisions of this section by general law in any manner not inconsistent with this Article."

The city of Baltimore and charter county charter amendment by initiative are granted by Maryland Constitution, Article XI-A, Section 5. "Amendments to any charter adopted by the City of Baltimore or by any County of this State under the provisions of this Article may be proposed by a resolution of the Mayor of Baltimore and the City Council of the City of Baltimore, or the Council of the County, or by a petition signed by not less than 20% of the registered voters of the City or County, provided, however, that in any case 10,000 signatures shall be sufficient to complete a petition. A petition shall be filed with the Mayor of Baltimore or the President of the County Council. An amendment so proposed shall be submitted to the voters of the City or County at the next general or congressional election occurring after the passage of the resolution or the filing of the petition. If at the election the majority of the votes cast for and against the amendment shall be in favor thereof, the amendment shall be adopted and become a part of the charter of the City or County from and after the thirtieth day after said election. The amendments shall be published by the Mayor of Baltimore or President of the County Council once a week for five successive weeks prior to the election in at least one newspaper published in said City or County."

Statutes

The process for municipal charter amendment by initiative is prescribed under the Maryland Code Article titled Local Government.

A guide to local ballot initiatives

Maryland Code Article - Local Government

Initiative process features in incorporated municipalities

The initiative process features for charter amendment in incorporated municipalities can be found in the Maryland Constitution, Article XI-E and the Maryland Code, Article 23A, Sections 11 to 18.

Charter Amendment Initiative Process   Subject matter restrictions Proposed amendments cannot conflict with state statutes. Neither can they levy taxes, license fees, or franchise taxes/fees without authorization from the General Assembly. (MD Const. Art. XI-E, Section 5) Petitions are also limited to addressing a single subject. (MD Code Art. 23A-13(c)) Petition text approval There is no process for advance determination in the statutes, but there may be in the individual charters. Signatures required 20% of qualified municipal voters. (MD Code Art. 23A-14) (Note: The City of Baltimore has a specific provision in the Maryland Constitution, Article XI-A, Sec. 5: 20% or 10,000 signatures.) Circulation There was no time limit for circulation found in the State Statutes and neither were there requirements listed for circulators. Petition appearance and content The petition must have the complete wording of the proposed single subject amendment and signers must include their name and address. (MD Code Art. 23A-14, 13(b),(c)) Scheduling an election and adoption of measure The process for approval of a proposed amendment is indirect. The legislative body may pass the measure, or submit it to the voters at the next general or special election. If a special election is held, it must be not less than 40 days nor more than 60 days after passage of the designating resolution. (MD Code Art. 23A-14) A simple majority determines the outcome of the election.(MD Code Art. 23A-16)

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

The top 10 most populated cities are subject to the state-set initiative process for charter amendments.

Individual city provisions   Baltimore Population as of the July, 2011 census update: 619,493 Baltimore is a charter city and follows the state process laid out above. Frederick Population as of the July, 2011 census update: 66,169 Frederick is a charter city and follows the state process laid out above. Rockville Population as of the July, 2011 census update: 62,334 Rockville is a charter city and follows the state process laid out above. Gaithersburg Populationv as of the July, 2011 census update: 61,045 Gaithersburg is a charter city and follows the state process laid out above. Bowie Population as of the July, 2011 census update: 55,232 Bowie is a charter city and follows the state process laid out above. Hagerstown Population as of the July, 2011 census update: 39,890 Hagerstown is a charter city and follows the state process laid out above. Annapolis Population as of the July, 2011 census update: 38,880 Annapolis is a charter city and follows the state process laid out above. College Park Population as of the July, 2011 census update: 30,587 College Park is a charter city and follows the state process laid out above. Salisbury Population as of the July, 2011 census update: 30,484 Salisbury is a charter city and follows the state process laid out above. Laurel Population as of the July, 2011 census update: 25,346 Laurel is a charter city and follows the state process laid out above.

External links

• Ballotpedia Research Document, Local Initiative in Maryland
• Maryland Municipal League
• Department of Legislative Services, Compilation of Municipal Charters

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Maryland
• Counties in Maryland