Maryland is one of just two states where the people have the power of the veto referendum but not the initiative. Maryland also has legislatively referred amendments. The timing of an election on a Maryland ballot measure may depend on whether it is a veto referendum or a legislatively referred amendment; a veto referendum is submitted at the next election for the U.S. House of Representatives, whereas a legislatively referred amendment is submitted at the next ensuing general election. The ballot for any statewide question is prepared by the Secretary of State, and the content requirements are similar for both kinds of ballot questions, except that for veto referendums, the full text of the referred act must be included or summarized. Maryland also requires public notice and a summary be provided about both kinds of questions for voter education purposes. For legislatively referred amendments, this summary may be drafted by the legislature. Maryland law explicitly provides for pre-election judicial review of veto referendum ballot language, but not for legislatively referred amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Maryland
Maryland is one of just two states in which the people have the power of the veto referendum but do not have the power of the initiative. Maryland also has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
√ Veto Referendums
The people of Maryland reserve the power of the veto referendum to approve or reject any act of the General Assembly, or part thereof, except as to laws making appropriation for maintaining the state government, or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose. Md. Const. art. XVI, §§ 1–2.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Maryland voters. Md. Const. art. XIV, § 1.
Election Timing
The timing of an election on a Maryland ballot measure may depend on whether it is a veto referendum or a legislatively referred amendment; a veto referendum is submitted at the next election for the U.S. House of Representatives, whereas a legislatively referred amendment is submitted at the next ensuing general election.
- For a veto referendum, following the proper filing of a petition, an election must take place “at the next ensuing election held throughout the State for Members of the House of Representatives of the United States.” Const. art. XVI, § 2.
- For a legislatively referred amendment, after approval by 3/5 of the members elected to each house of the legislature and publication as required by law, a legislatively referred amendment is submitted to voters at “the next ensuing general election.” art. XIV, § 1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot question in Maryland must display the following information, which is prepared by the Secretary of State. See Md. Code Ann., Elec. Law § 7-103(c)(1).
- Brief descriptive title in boldface type. sub. (b)(3).
- Condensed statement of the question’s purpose. sub. (b)(4).
- Voting choices that the voter has. Id. sub. (b)(5).
- (For veto referendums only) The full text of the referred act of the legislature, unless it is more than 200 words, in which case, the Secretary of State must prepare and submit a ballot title in such form as to present the purpose of the measure concisely and intelligently; this may be the legislative title. Md. Const. art. XVI, § 5(b).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For any statewide ballot question, a local elections board must provide notice in one of two ways: (1) by mailing a sample ballot at least one week before the election (or before early voting, if applicable); or (2) by publication/mass communication during the three weeks immediately preceding the election. See Md. Code Ann., Elec. Law § 7-105(a), (c). Regardless of the method, the notice must include the following.
- Ballot contents (described above). See sub. (b)(1).
- Brief statement summarizing the question. See id.
- The statement must be in clear and concise language and devoid of technical and legal terms to the extent practicable.
- In addition, for legislatively referred amendments, the notice’s summary of the question may be contained in an enactment by the General Assembly, if it clearly specifies that the statement is to be used on the ballot. See id. sub. (b)(3)(i).
Additionally, the Maryland Constitution provides that any bill proposing a constitutional amendment must be, by order of the Governor, published in at least two newspapers in each county where papers are published, and at least three newspapers in the City of Baltimore, once a week for four weeks (or as otherwise ordered by the Governor) immediately preceding the election. Md. Const. art. XIV, § 1.
The complete text of any ballot question must be posted for public inspection at the State Board of Elections and each local board for 65 days prior to the election, and at each polling place. Md. Code Ann., Elec. Law § 7-105(d)(1)–(2). Any individual may receive without charge the complete text of all constitutional amendments and questions from a local election board in-person, by mail, or electronically. Id. sub. (d)(3).
Voter Information Pamphlet
While Maryland law does not require a formal voter information pamphlet, as noted, a brief summary of the question is published alongside the ballot contents or distributed via mail alongside a sample ballot. The statement must be in clear and concise language and devoid of technical and legal terms to the extent practicable. Md. Code Ann., Elec. Law § 7-105(b)(1).
- For veto referendums, this statement is prepared by the Department of Legislative Services and approved by the Attorney General. sub. (b)(2)(i)–(ii).
- For legislatively referred amendments, this statement may be included in the enactment by the General Assembly. Id. sub. (b)(3)(i). Otherwise, the statement is prepared by the Department of Legislative Services and approved by the Attorney General. sub. (b)(2)(i)–(ii).
JUDICIAL REVIEW
When and how can the court step in?
- For veto referendums, Maryland statutes provide that any person aggrieved by a determination as to the ballot contents may seek judicial review in the Circuit Court for Anne Arundel County. See Code Ann., Elec. Law § 6-209(a)(1)(i).
Sample case: Anne Arundel Cty v. McDonough, 354 A.2d 788 (Md. 1976) (with respect to a local referendum, holding the challenged summary “did not set forth, ‘in understandable language,’ ‘the contents and purpose of the proposed’ referendum with that clarity and objectivity required to permit an average voter, in a meaningful manner, to exercise an intelligent choice”(citation omitted)).
- For legislatively referred amendments, Maryland’s direct democracy provisions do not explicitly provide for judicial review of ballot language before the election, but review may be available under other channels.