Maryland Voting Rights Act of 2026 - Voter Intimidation and Suppression

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0219*

HOUSE BILL 219
G1 EMERGENCY BILL 6lr1575
(PRE–FILED)
By: Delegate Smith
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Maryland Voting Rights Act of 2026 – Voter Intimidation and Suppression 2

FOR the purpose of altering public notice requirements of the State Board of Elections, 3
local boards of elections, and certain municipal corporations with respect to changes 4
in administrative policy affecting voting rights; prohibiting acts of intimidation, 5
deception, or obstruction that interfere with the right to vote; prohibiting local 6
governments from taking any action related to the election process that results in a 7
disparity between members of a protected class and other members of the electorate; 8
authorizing certain persons to file an action to enforce this Act; requiring a court to 9
order cer tain remedies for a violation of this Act; establishing certain notice 10
requirements for local governments before implementing certain changes relating to 11
the election process and for certain parties before filing a certain action; authorizing 12
the Attorney General to approve proposed local government remedies to address 13
certain violations under certain circumstances ; and generally relating to voting 14
rights. 15

BY repealing and reenacting, without amendments, 16
Article – Election Law 17
Section 1–101(a) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2025 Supplement) 20

BY repealing and reenacting, with amendments, 21
Article – Election Law 22
Section 1–101(b–3) and 1–305 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2025 Supplement) 25

BY adding to 26
Article – Election Law 27
2 HOUSE BILL 219

Section 15. 3–101 through 15. 3–501 to be under the new title “Title 15. 3. Voting 1
Rights Act – Voter Intimidation and Suppression” 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2025 Supplement) 4

SECTION 1. BE IT EN ACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6

Article – Election Law 7

1–101. 8

(a) In this article the following words have the meanings indicated unless a 9
different meaning is clearly intended from the context. 10

(b–3) “Administrative policy affecting voting rights” means any action relating to 11
voter registration, provisional voting, absentee voting, [or] the location of a polling place or 12
early voting center, OR ASSISTANCE AVAILABLE TO VOTERS, INCLUDING: 13

(1) LANGUAGE ASSISTANCE; 14

(2) ASSISTANCE FOR VOTERS WITH DISABILITIES; AND 15

(3) OTHER ASSISTANCE AS MAY BE REQUIRED BY A VOTER. 16

1–305. 17

(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 18
State Board [or], a local board , OR A MUNICIPAL CORPO RATION THAT ADMINISTERS 19
ITS OWN ELECTIONS may not consider a change in an administrative policy affecting 20
voting rights at a meeting unless the board [has posted a prominent ] OR MUNICIPAL 21
CORPORATION PROVIDES REASONABLE public notice [on its website at least 48 hours in 22
advance of the meeting stating that the board will consider an administrative policy 23
affecting voting rights at the meeting ] OF THE CHANGE UNDER CONSIDERATION AT 24
LEAST 15 DAYS BEFORE THE DATE OF THE MEETING. 25

(2) DURING THE PERIOD BEGINNING 21 DAYS BEFORE THE FIRST DAY 26
OF EARLY VOTING THRO UGH ELECTION DAY, THE STATE BOARD, A LOCAL BOARD, 27
OR A MUNICIPAL CORPO RATION THAT ADMINIST ERS ITS OWN ELECTION S MAY 28
CONSIDER A CHANGE IN ADMINISTRATIVE POLICY AFFECTING VOTING RIGHTS AT A 29
MEETING IF THE STATE BOARD, LOCAL BOARD , OR MUNICIPAL CORPORA TION 30
PROVIDES REASONABLE PUBLIC NOTICE OF THE CHANGE AT LEAST 48 HOURS 31
BEFORE THE SCHEDULED MEETING TIME. 32

(b) If the State Board [or], a local board, OR A MUNICIPAL CORPORATION THAT 33
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ADMINISTERS ITS OWN ELECTIONS adopts a change in an administrative policy affecting 1
voting rights, the State Board and, if applicable, the local board OR THE MUNICIPAL 2
CORPORATION that adopted the change shall provide reasonable public notice of the 3
change as provided in subsection (c) of this section WITHIN 48 HOURS AFTER THE 4
ADOPTION OF THE CHANGE. 5

(c) The public notice OF A CHANGE OR CONSIDERATION OF A CHANGE IN AN 6
ADMINISTRATIVE POLICY AFFECTING VOTING RIGHTS UNDER THIS SECTION shall: 7

(1) be in a reasonably convenient and accessible format; 8

(2) be prominently posted on the website of the: 9

(i) State Board; and 10

(ii) IF APPLICABLE , local board OR MUNICIPAL CORPORA TION 11
that adopted OR CONSIDERED the change[, if applicable]; AND 12

(3) include a concise description of the change, including the difference 13
between the [new] CHANGE IN administrative policy affecting voting rights and the 14
administrative policy affecting voting rights that was previously in effect[; and 15

(4) be provided wit hin 48 hours of the adoption of the change ] WITHOUT 16
THE CHANGE. 17

(D) (1) THE STATE BOARD SHALL MAINTAIN A PAGE ON ITS WEBSIT E 18
THAT CONTAINS ANY NOTICE REQUIRED UNDER THIS SECTION. 19

(2) (I) IMMEDIATELY AFTER PRO VIDING NOTICE UNDER THIS 20
SECTION, A LOCAL BOARD OR MUNICIPAL CORPORATION SHALL PROVIDE A COPY OF 21
THE NOTICE TO THE STATE BOARD FOR INCLUSION O N THE STATE BOARD’S 22
WEBSITE UNDER THIS SUBSECTION. 23

(II) THE STATE BOARD SHALL PUBLISH A NOTICE RECEIVED 24
UNDER THIS PARAGRAPH AS SOON AS PRACTICABLE, BUT NOT LATER THAN 5 DAYS 25
AFTER THE DATE ON WHICH THE NOTICE IS RECEIVED. 26

TITLE 15.3. VOTING RIGHTS ACT – VOTER INTIMIDATION AND SUPPRESSION. 27

SUBTITLE 1. DEFINITIONS AND GENERAL PROVISIONS. 28

15.3–101. 29

(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 30
4 HOUSE BILL 219

INDICATED UNLESS A D IFFERENT MEANING IS CLEARLY INTENDED FRO M THE 1
CONTEXT. 2

(B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE 3
OFFICE OF THE ATTORNEY GENERAL. 4

(C) “COURT” MEANS THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. 5

(D) “DISPARITY” MEANS V ARIANCE THAT IS SUPP ORTED BY VALIDATED 6
METHODOLOGIES AND, WHERE RELEVANT, IS STATISTICALLY SIGNIFICANT. 7

(E) “ELECTION POLICY OR PRACTICE” MEANS: 8

(1) A VOTING QUALIFICATION OR PREREQUISITE TO VOTING; OR 9

(2) A LAW , AN ORDINANCE, A RESOLUTION, A CHARTER OR CODE 10
PROVISION, A REGULATION, A RULE, A POLICY, A PRACTICE, A PROCEDURE, A 11
STANDARD, OR AN ACTION WITH RESPECT TO VOTING OR THE ADMINISTRATION OF 12
ELECTIONS. 13

(F) “GOVERNING BODY” MEANS: 14

(1) FOR BALTIMORE CITY, THE CITY COUNCIL OF BALTIMORE CITY; 15

(2) FOR A CHARTER COUNTY, THE COUNTY COUNCIL; 16

(3) FOR A CODE HOME RULE COUNTY, THE COUNTY COMMISSIONERS; 17

(4) FOR A COMMISSION COUNTY, THE COUNTY COMMISSIONERS; 18

(5) FOR A MUNICIPALITY , THE REPRESENTATIVE B ODY PROVIDED 19
UNDER THE MUNICIPAL CHARTER; AND 20

(6) FOR A COUNTY BOARD O F EDUCATION , THE ELECTED VOTING 21
MEMBERS OF THE COUNTY BOARD OF EDUCATION. 22

(G) “LOCAL GOVERNMENT” MEANS: 23

(1) A MUNICIPALITY OR COUNTY, AS THOSE TERMS ARE DEFINED IN § 24
1–101 OF THE LOCAL GOVERNMENT ARTICLE; OR 25

(2) A COUNTY BOARD OF EDUCATION, AS DEFINED IN § 1–101 OF THE 26
EDUCATION ARTICLE. 27
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(H) “PROTECTED CLASS” MEANS A CLASS OF CITIZENS WHO ARE MEMBERS 1
OF A RACE , COLOR, OR LANGUAGE MINORITY GROUP, INCLUDING A CLASS 2
COMPOSED OF MEMBERS OF TWO OR MORE MINORITY GROUPS. 3

(I) “VOTE” INCLUDES ANY ACTION NECESSARY TO CAST A BALLOT AND 4
MAKE THAT BALLOT COUNT IN AN ELECTION, INCLUDING: 5

(1) REGISTERING TO VOTE; 6

(2) REQUESTING A MAIL–IN BALLOT; AND 7

(3) ANY OTHER ACTION REQ UIRED BY LAW AS A PR EREQUISITE TO 8
CASTING A BALLOT AND HAVING THAT BALLOT COUNTED, CANVASSED, CERTIFIED, 9
AND INCLUDED IN THE APPROPRIATE TOTALS OF VOTES CAST IN AN ELECTION. 10

15.3–102. 11

STATUTES, RULES AND REGULATION S, AND LOCAL LAWS , TOWN CHARTERS, 12
OR ORDINANCES RELATE D TO THE RIGHT TO VO TE SHALL BE CONSTRUE D 13
LIBERALLY IN FAVOR OF: 14

(1) PROTECTING THE RIGHT TO CAST A BALLOT; 15

(2) ENSURING THAT ELIGIB LE VOTERS ARE NOT IM PAIRED IN 16
REGISTERING TO VOTE OR VOTING , INCLUDING HAVING THE IR VOTES COUNTED ; 17
AND 18

(3) ENSURING THAT PROTEC TED CLASS VOTERS HAVE EQ UITABLE 19
ACCESS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. 20

15.3–103. 21

TO THE EXTENT THAT THE COURT IS AFFORDED DISCRETI ON IN ANY 22
QUESTION, INCLUDING QUESTIONS RELATED TO DISCOVERY , PROCEDURE, 23
ADMISSIBILITY OF EVI DENCE, AND REMEDIES, THE COURT SHALL EXERCISE THE 24
DISCRETION IN FAVOR OF: 25

(1) PROTECTING THE RIGHT TO CAST A BALLOT; 26

(2) ENSURING THAT ELIGIB LE VOTERS ARE NOT IM PAIRED IN 27
REGISTERING TO VOTE OR VOTING, INCLUDING HAVING VOTES OF ELIGIBLE VOTERS 28
COUNTED; AND 29
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(3) ENSURING THAT PROTEC TED CLASS VOTERS HAVE EQ UITABLE 1
ACCESS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. 2

15.3–104. 3

IF ANY PROVISION OF T HIS TITLE OR ITS APP LICATION TO ANY PERS ON OR 4
CIRCUMSTANCE IS HELD TO BE INVALID BY A COURT OF COMPETENT JURISDICTION, 5
THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS 6
TITLE THAT CA N BE GIVEN EFFECT WI THOUT THE INVALID PR OVISION OR 7
APPLICATION AND, TO THIS END, THE PROVISIONS OF THIS TITLE ARE SEVERABLE. 8

SUBTITLE 2. PROHIBITION ON VOTER INTIMIDATION. 9

15.3–201. 10

A PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, MAY NOT 11
ENGAGE IN ACTS OF INTIMI DATION, DECEPTION, OR OBSTRUCTION THAT 12
INTERFERE WITH AN INDIVIDUAL’S RIGHT TO VOTE. 13

15.3–202. 14

THE FOLLOWING SHALL C ONSTITUTE A VIOLATIO N OF § 15.3–201 OF THIS 15
SUBTITLE: 16

(1) THE USE OF FORCE OR THREATS TO USE FORCE , OR THE USE OF 17
ANY OTHER CONDUCT TO PRACTICE INTIMIDATIO N THAT CAUSES OR WIL L 18
REASONABLY HAVE THE EFFECT OF CAUSING IN TERFERENCE WITH AN 19
INDIVIDUAL’S RIGHT TO VOTE; 20

(2) THE KNOW ING USE OF A DECEPTI VE OR FRAUDULENT DEV ICE, 21
CONTRIVANCE, OR COMMUNICATION THAT CAUSES OR WILL REASONABLY HAVE THE 22
EFFECT OF CAUSING INTERFERENCE WITH ANY INDIVIDUAL’S RIGHT TO VOTE; OR 23

(3) THE OBSTRUCTION OF , IMPEDIMENT TO , OR OTHER 24
INTERFERENCE WITH: 25

(I) ACCESS TO A POLLING PLACE, A BALLOT DROP BOX, OR AN 26
OFFICE OR A PLACE OF BUSINESS OF AN ELECTION OFFICIAL; OR 27

(II) A VOTER IN A MANNER THAT CAUSES OR WILL REASONABLY 28
HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR THE VOTING PROCESS. 29

HOUSE BILL 219 7

15.3–203. 1

A PERSON WHO VIOLATES THIS SUBTITLE OR WHO AIDS IN THE VIOLATION OF 2
THIS SUBTITLE SHALL BE LIABLE FOR ANY DAMAGES AWARDED BY THE COURT, 3
INCLUDING NOMINAL DA MAGES FOR ANY VIOLAT ION AND COMPENSATORY OR 4
PUNITIVE DAMAGES FOR ANY WILLFUL VIOLATION. 5

SUBTITLE 3. PROHIBITION ON VOTER SUPPRESSION. 6

15.3–301. 7

(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, A LOCAL GOVERNMENT 8
OR GOVERNMENTAL ENTI TY RESPONSIBLE FOR E LECTION ADMINISTRATION MAY 9
NOT IMPLEMENT , IMPOSE, OR ENFORCE AN ELECTI ON POLICY OR PRACTIC E, OR 10
TAKE ANY OTHER ACTIO N OR FAIL TO TAKE AN Y ACTION , THAT RESULTS IN , IS 11
LIKELY TO RESULT IN, OR IS INTENDED TO RE SULT IN A MATERIAL DISPARITY IN 12
VOTER PARTICIPATION, ACCESS TO VOTING OPPORTUNITIES, OR THE OPPORTUNITY 13
OR ABILITY TO PARTICIPATE IN THE POLITICAL PROCESS BETWEEN MEMBERS OF A 14
PROTECTED CLASS AND OTHER MEMBERS OF THE ELECTORATE. 15

(B) A LOCAL GOVERNMENT OR GOVERNMENTAL ENTITY RESPONSIBLE FOR 16
ELECTION ADMINISTRAT ION MAY NOT BE DETER MINED TO HAVE VIOLAT ED 17
SUBSECTION (A) OF THIS SECTION IF THE LOCAL GOVERNMENT OR GOVERNMENTAL 18
ENTITY DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT: 19

(1) THE ELECTION POLICY OR PRACTICE IS NECES SARY TO 20
SIGNIFICANTLY FURTHER A COMPELLING INTEREST; AND 21

(2) THERE IS NO ALTERNAT IVE THAT RESULTS IN A SMALLER 22
DISPARITY BETWEEN MEMBERS OF A PROTECTED CLASS AND OTHER MEMBERS OF 23
THE ELECTORATE. 24

(C) IN DETE RMINING WHETHER A VI OLATION OF THIS SUBT ITLE HAS 25
OCCURRED WITH RESPECT TO A PROTECTED CLA SS, THE COURT SHALL, SUBJECT 26
TO SUBSECTION (D) OF THIS SECTION , CONSIDER WHETHER PROTECTED CLASS 27
MEMBERS ARE VULNERABLE TO OR OTHERWISE AT RISK OF VOTING 28
DISCRIMINATION, INCLUDING BY EVALUATING: 29

(1) THE HISTORY AND EFFE CTS OF DISCRIMINATIO N AGAINST 30
PROTECTED CLASS MEMBERS; AND 31

(2) THE EXTENT TO WHICH PROTECTED CLASS MEMBERS ENCOUNTER 32
BARRIERS, DISPARITIES, OR HOSTILITY WITH RESPECT TO POLI TICAL 33
8 HOUSE BILL 219

PARTICIPATION AND CIVIC LIFE. 1

(D) (1) IN DETERMINING WHETHER A VIOLATION OF THIS SUBTITLE HAS 2
OCCURRED, THE COURT MAY NOT CONSIDER: 3

(I) THE NUMBER OF PROTEC TED CLASS MEMBERS 4
UNAFFECTED BY THE ELECTION POLICY OR PRACTICE; 5

(II) THE DEGREE TO WHICH THE ELECTION POLICY OR 6
PRACTICE HAS A LONG PEDIGREE OR WAS IN W IDESPREAD USE AT SOM E EARLIER 7
DATE; 8

(III) THE USE OF AN IDENTI CAL OR SIMILAR ELECT ION POLICY 9
OR PRACTICE IN OTHER STATES OR JURISDICTIONS; 10

(IV) THE AVAILABILITY OF OTHER FORMS OF VOTIN G 11
UNIMPACTED BY THE ELECTION POLICY OR PRACTICE, UNLESS THE JURISDICTION 12
IS SIMULTANEOUSLY EX PANDING THE OTHER PR ACTICES TO ELIMINATE ANY 13
DISPROPORTIONATE BURDEN IMPOSED BY THE ELECTION POLICY OR PRACTICE; OR 14

(V) UNSUBSTANTIATED DEFENSES THAT THE ELECTION POLICY 15
OR PRACTICE IS NECESSARY TO ADDRESS CRIMINAL ACTIVITY. 16

(2) EVIDENCE CONCERNING T HE INTENT OF VOTERS , ELECTED 17
OFFICIALS, OR PUBLIC OFFICIALS TO DISCRIMINATE AGAI NST MEMBERS OF A 18
PROTECTED CLASS IS NOT NECESSARY FOR TH E COURT TO FIND A VIOLA TION OF 19
THIS SUBTITLE. 20

15.3–302. 21

(A) THE FOLLOWING PERSONS MAY FILE AN ACTION UNDER THIS SUBTITLE 22
IN THE COURT: 23

(1) AN AGGRIEVED PERSON; 24

(2) AN ORGANIZATION WHOSE MEMBERSHIP INCLUDES OR IS LIKELY 25
TO INCLUDE AGGRIEVED PERSONS; 26

(3) AN ORGANIZATION WHOSE MISSION WOULD BE FRUSTRATED BY A 27
VIOLATION OF THIS SUBTITLE; 28

(4) AN ORGANIZATION THAT WOULD EXPEND RESOURCES IN ORDER 29
TO FULFILL ITS MISSION AS A RESULT OF A VIOLATION OF THIS SUBTITLE; OR 30
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(5) THE ATTORNEY GENERAL. 1

(B) (1) NOTWITHSTANDING ANY O THER LAW , IF THE COURT FINDS A 2
VIOLATION OF THIS SUBTITLE, THE COURT SHALL ORDER APPROPRIATE REMEDIES 3
THAT ARE TAILORED TO ADDRESS THE VIOLATION IN THE LOCAL GOVERNMENT AND 4
ENSURE THAT PROTECTE D CLASS VOTERS HAVE EQUITABLE ACCESS TO FULLY 5
PARTICIPATE IN THE ELECTORAL PROCESS, WHICH MAY INCLUDE: 6

(I) PROVIDING ADDITIONAL TIME TO VOTE DURING AN 7
ELECTION; 8

(II) ELIMINATION OF STAGG ERED ELECTIONS SO THAT AL L 9
MEMBERS OF THE GOVERNING BODY ARE ELECTED AT THE SAME TIME; 10

(III) ADDITIONAL VOTING HOURS OR DAYS; 11

(IV) ADDITIONAL POLLING LOCATIONS; 12

(V) ADDITIONAL MEANS OF VOTING, SUCH AS VOTING BY MA IL 13
OR ADDITIONAL OPPORTUNITIES TO RETURN BALLOTS; 14

(VI) ORDERING OF SPECIAL ELECTIONS; 15

(VII) REQUIRING EXPANDED O PPORTUNITIES FOR THE 16
ADMISSION OF VOTERS; 17

(VIII) REQUIRING ADDITIONAL VOTER EDUCATION; 18

(IX) THE RESTORATION OR A DDITION OF PERSONS T O THE 19
STATEWIDE VOTER REGISTRATION LIST; 20

(X) PREVENTING THE REORG ANIZATION, ANNEXATION, 21
INCORPORATION, DISSOLUTION, CONSOLIDATION, OR DIVISION OF A LOC AL 22
GOVERNMENT; OR 23

(XI) RETAINING JURISDICTI ON FOR A PERIOD OF T IME 24
DETERMINED APPROPRIATE BY THE COURT. 25

(2) (I) THE COURT SHALL CONSIDER REMEDIES PROPOSED BY 26
ANY PARTIES TO AN AC TION OR BY INTERESTE D PARTIES FILED UNDE R THIS 27
SECTION. 28

10 HOUSE BILL 219

(II) THE COURT MAY NOT GIVE DEFERENCE OR PRIORITY TO A 1
PROPOSED REMEDY BECA USE IT IS THE REMEDY PROPOSED BY THE LOCA L 2
GOVERNMENT. 3

(III) THE COURT SHALL HAVE THE POWER TO REQUIRE A LOCAL 4
GOVERNMENT TO IMPLEM ENT REMEDIES THAT AR E INCONSISTENT WITH ANY 5
OTHER PROVISION OF STATE OR LOCAL LAW. 6

15.3–303. 7

(A) (1) A LOCAL GOVERNMENT SHALL PROVIDE NOTICE AS DESCRIBED IN 8
THIS SECTION AT LEAST 15 DAYS BEFORE A HEARING TO ADOPT ANY OF THE 9
FOLLOWING CHANGES: 10

(I) A CHANGE TO THE METH OD OF ELECTION FOR A LOCAL 11
GOVERNMENT; 12

(II) A GOVERNMENTAL REORG ANIZATION, INCLUDING 13
ANNEXATION, INCORPORATION, DISSOLUTION, CONSOLIDATION, OR DIVISION OF A 14
LOCAL GOVERNMENT; 15

(III) A CHANGE TO DISTRICT BOUNDARIES WITHIN A LOCAL 16
GOVERNMENT; AND 17

(IV) A CHARTER AMENDMENT AUTHORIZING AN 18
ADMINISTRATIVE POLICY AFFECTING VOTING RIGHTS. 19

(2) IF A LOCAL GOVERNMENT ADOPTS A RESOLUTION SPECIFYING 20
THE DAY AND HOURS FOR A REFERENDUM ON A CHANGE IDENTIFIED IN PARAGRAPH 21
(1) OF THIS SUBSECTION , THE LOCAL GOVERNMENT SHALL PROVIDE NOTICE AS 22
DESCRIBED IN THIS SECTION IN ADDITION TO ANY OTHER NOTICE REQUIRED UNDER 23
STATE LAW. 24

(3) A LOCAL GOVERNMENT SHALL, AT A MINIMUM, PROVIDE NOTICE 25
DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION BY: 26

(I) PUBLISHING AND MAKIN G AVAILABLE THE TEXT OF THE 27
PROPOSED CHANGE FOR PUBLIC DISSEMINATION , INCLUDING THROUGH PR INT 28
NOTICES IN AT LEAST ONE PUBLIC BUILDING AND ON THE WEBSITE O F THE LOCAL 29
GOVERNMENT, IF APPLICABLE; 30

(II) TAKING APPROPRIATE S TEPS TO PROVIDE MEAN INGFUL 31
NOTICE OF THE PROPOS ED CHANGE TO RESIDEN TS WITH DISABILITIES AND 32
HOUSE BILL 219 11

RESIDENTS WITH LIMITED ENGLISH PROFICIENCY; AND 1

(III) SUBMITTING THE TEXT OF THE PROPOSED CHANGE TO THE 2
STATE BOARD. 3

(4) THE STATE BOARD SHALL PUBLISH THE NOTICES SUBMITTED TO 4
THE STATE BOARD UNDER PARAGRAPH (3)(III) OF THIS SUBSECTION IN THE SAME 5
MANNER AS THOSE REQUIRED UNDER § 1–305 OF THIS ARTICLE. 6

(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN T HIS SECTION , BEFORE 7
FILING AN ACTION AGAINST A LOCAL GOVERNMENT UNDER THIS SUBTITLE, A PARTY 8
DESCRIBED IN § 15.3–302(A) OF THIS SUBTITLE SHA LL SEND BY CERTIFIED MAIL, 9
RETURN RECEIPT REQUE STED, A NOTIFICATION LETTE R TO THE LOCAL 10
GOVERNMENT: 11

(I) ASSERTING THAT THE L OCAL GOVERNMENT MAY BE IN 12
VIOLATION OF THE PROVISIONS OF THIS SUBTITLE; 13

(II) IDENTIFYING THE POTENTIAL VIOLATIONS; 14

(III) IDENTIFYING THE AFFECTED PROTECTED CLASS; AND 15

(IV) IDENTIFYING THE TYPE OF REMEDY THAT THE P ARTY 16
BELIEVES WILL ADDRESS THE ALLEGED VIOLATIONS. 17

(2) THE PARTY MAY NOT FIL E AN ACTION UNDER TH IS SUBTITLE 18
UNTIL 60 DAYS AFTER SENDING A NOTIFICATION LETTER TO THE LOCAL 19
GOVERNMENT OR ON RECEIPT OF A WRITTEN DENIAL BY THE LOCAL GOVERNMENT, 20
WHICHEVER IS EARLIER. 21

(3) A NOTIFICATION LETTER IS NOT REQUIRED IF: 22

(I) THE PARTY IS SEEKING PRELIMINARY RELIEF W ITH 23
RESPECT TO AN UPCOMING ELECTION IN ACCORDANCE WITH § 15.3–402(B) OF THIS 24
TITLE; 25

(II) THE PARTY IS SEEKING TO INTERVENE IN OR J OIN AN 26
EXISTING ACTION; 27

(III) ANOTHER PARTY HAS AL READY SUBMITTED A 28
NOTIFICATION LETTER ALLEGING A SUBSTANTIALLY SIMILAR VIOLATION AND THAT 29
PARTY IS ELIGIBLE TO FILE AN ACTION UNDER THIS SUBTITLE; 30

12 HOUSE BILL 219

(IV) THE LOCAL GOVERNMENT HAS ENACTED A CHANGE 1
IDENTIFIED IN SUBSEC TION (A)(1) OF THIS SECTION WITH OUT THE REQUIRED 2
NOTICE AND THE PARTY SEEKS RELIEF FROM THAT CHANGE; 3

(V) FOLLOWING THE PARTY’S SUBMISSION OF A NO TIFICATION 4
LETTER, THE LOCAL GOVERNMENT HAS ENACTED A CHANGE IDENTIFIED IN 5
SUBSECTION (A)(1) OF THIS SECTION THAT WOULD NOT REMEDY THE POTENTIAL 6
VIOLATION IDENTIFIED IN THE PARTY’S NOTIFICATION LETTER; OR 7

(VI) THE PROSPECT OF OBTAINING RELIEF WOULD BE FUTILE. 8

(4) (I) A LOCAL GOVERNMENT SHA LL RESPOND IN WRITIN G TO A 9
NOTIFICATION LETTER SUBMITTED UNDER THIS SECTION WITHIN 60 DAYS AFTER 10
RECEIPT OF THE NOTIFICATION LETTER. 11

(II) IF THE LOCAL GOVERNME NT DOES NOT DENY THE 12
POTENTIAL VIOLATION , IT SHALL WORK IN GOO D FAITH WITH THE PAR TY THAT 13
SUBMITTED THE NOTIFI CATION LETTER TO IMP LEMENT MUTUALLY AGRE EABLE 14
REMEDIES TO CURE THE POTENTIAL VIOLATION. 15

(III) IF THE LOCAL GOVERNME NT ADOPTS A RESOLUTI ON 16
WITHIN 60 DAYS AFTER RECEIVING THE NOTIFICATION LET TER IDENTIFYING A 17
REMEDY, AFFIRMING ITS INTENT TO ENACT AND IMPLEME NT A REMEDY , AND 18
ESTABLISHING A TIMELINE AND SPECIFIC STEPS IT WILL TAKE TO DO SO: 19

1. THE LOCAL GOVERNMENT S HALL ENACT AND 20
IMPLEMENT THE REMEDY WITHIN 150 DAYS AFTER RECEIPT OF THE NOTIFICATION 21
LETTER; AND 22

2. THE PARTY WHO SUBMIT TED THE NOTIFICATION 23
LETTER UNDER THIS SE CTION MAY NOT FILE A N ACTION AGAINST THE LOCAL 24
GOVERNMENT WITHIN TH E 150 DAYS ALLOWED UNDER I TEM 1 OF THIS 25
SUBPARAGRAPH. 26

(5) (I) IF, UNDER THE LAWS OF TH E STATE OR ANY CODE HOM E 27
RULE OR CHARTER COUN TY ORDINANCE , THE GOVERNING BODY O F A LOCAL 28
GOVERNMENT LACKS AUTHORITY TO ENACT OR IMPLEMENT A REMEDY IDENTIFIED 29
UNDER PARA GRAPH (4)(III) OF THIS SUBSECTION W ITHIN 150 DAYS FROM THE 30
SUBMISSION OF THE NO TIFICATION LETTER , OR THE LOCAL GOVERNM ENT IS A 31
COVERED JURISDICTION UNDER A STATE OR FEDERAL PRECLEARANCE PROGRAM, 32
THE LOCAL GOVERNMENT MAY NONETHELESS ENACT AND IMPLEMENT A PROPOSED 33
REMEDY ON APPROVAL B Y THE ATTORNEY GENERAL UNDER SUBPARA GRAPH (II) 34
OF THIS PARAGRAPH. 35
HOUSE BILL 219 13

(II) THE ATTORNEY GENERAL MAY AUTHORIZE THE LOCAL 1
GOVERNMENT TO IMPLEM ENT OR ENACT A REMED Y NOTWITHSTANDING TH E 2
APPLICABLE LAW OR AUTHORITY TO THE CONTRARY IF: 3

1. THE ATTORNEY GENERAL DETERMINES TH AT THE 4
LOCAL GOVERNMENT MAY BE IN VIOLATION OF THIS SUBTITLE; 5

2. THE PROPOSED REMEDY WOULD ADDRESS A 6
POTENTIAL VIOLATION; 7

3. THE PROPOSED REMEDY IS UNLIKELY TO VIOLA TE 8
THE U.S. CONSTITUTION OR ANY RELEVANT FEDERAL LAW; AND 9

4. THE IMPLEMENTATION OF THE PROPOSED REMEDY IS 10
FEASIBLE. 11

(III) APPROVAL OF A REMEDY BY THE ATTORNEY GENERAL IS 12
NOT A BAR TO AN ACTION TO CHALLENGE THE REMEDY. 13

(C) THE ATTORNEY GENERAL SHALL ADOPT REGULATIONS TO CARRY OUT 14
THIS SUBTITLE, INCLUDING REGULATIONS TO: 15

(1) SPECIFY PROCEDURES AND ADMINISTRATIVE DEADLINES; AND 16

(2) PROVIDE FOR NOTICE AND COMMENT PROCEDURES THAT LOCAL 17
GOVERNMENTS ARE R EQUIRED TO FOLLOW BE FORE IMPLEMENTING RE MEDIES 18
UNDER THIS SUBTITLE. 19

15.3–304. 20

IF A LOCAL GOVERNMENT ENACTS OR IMPLEMENTS A REMEDY, THE PARTY 21
THAT SENT A NOTIFICATION LETTER UNDER § 15.3–303(B) OF THIS SUBTITLE SHALL 22
BE ENTITLED TO REIMBURSEMENT BY THE LOCAL GOVERNMENT FOR REASONABLE 23
COSTS ASSOCIATED WIT H PRODUCING AND SEND ING THE NOTIFICATION LETTER 24
AND ANY ACCOMPANYING EVIDENCE. 25

SUBTITLE 4. JURISDICTION AND PROCEEDINGS. 26

15.3–401. 27

IN AN ACTION OR INVES TIGATION TO ENFORCE THIS TITLE, THE ATTORNEY 28
GENERAL MAY: 29
14 HOUSE BILL 219

(1) ADMINISTER OATHS; 1

(2) EXAMINE WITNESSES UNDER OATH; 2

(3) RECEIVE ORAL AND DOCUMENTARY EVIDENCE; 3

(4) DETERMINE MATERIAL FACTS; AND 4

(5) IN ACCORDANCE WITH T HE ORDINARY RULES OF CIVIL 5
PROCEDURE: 6

(I) ISSUE SUBPOENAS; AND 7

(II) OTHERWISE COMPEL THE PRODUCTION OF RECORD S, 8
BOOKS, PAPERS, CONTRACTS, AND OTHER DOCUMENTS. 9

15.3–402. 10

(A) ACTIONS BROUGHT UNDER THIS TITLE SHALL BE SUBJECT TO 11
EXPEDITED PRETRIAL A ND TRIAL PROCEEDINGS AND RECEIVE AN AUTOM ATIC 12
CALENDAR PREFERENCE. 13

(B) IF A PARTY SEEKING PR ELIMINARY RELIEF ALL EGES A VIOLATION OF 14
THIS TITLE THAT RELATES TO AN UPCOMING ELECTION, THE COURT SHALL GRANT 15
RELIEF IF IT DETERMINES THAT: 16

(1) THE PARTY IS MORE LI KELY THAN NOT TO SUC CEED ON THE 17
MERITS; AND 18

(2) IT IS POSSIBLE T O IMPLEMENT AN APPRO PRIATE REMEDY THAT 19
WOULD RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION. 20

SUBTITLE 5. COSTS AND FEES. 21

15.3–501. 22

(A) EXCEPT AS PROVIDED IN SUBSECTION (B)(2) OF THIS SECTION , IN AN 23
ACTION TO ENFORCE TH IS TITLE , THE COURT SHALL AWARD REASONABLE 24
ATTORNEY’S FEES AND LITIGATION COSTS, INCLUDING EXPERT WITNESS FEES AND 25
EXPENSES, TO THE PARTY THAT PREVAILED IN THE ACTION. 26

(B) (1) IF THE STATE OR LOCAL GOVERNMENT IS AN OPPOSING PARTY, A 27
HOUSE BILL 219 15

PARTY WILL BE DEEMED TO HAVE PREVAILED IN AN ACTION WHEN, AS A RESULT OF 1
THE ACTION , THE STATE OR LOCAL GOVERN MENT YIELDS SOME OR ALL OF THE 2
RELIEF SOUGHT IN THE ACTION. 3

(2) IF THE STATE OR LOCAL GOVERN MENT PREVAILS IN AN ACTION 4
UNDER THIS TITLE , THE COURT MAY NOT AWARD T HE STATE OR LOCAL 5
GOVERNMENT ANY COSTS UNLESS T HE COURT FINDS THE ACTIO N TO BE 6
FRIVOLOUS. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 8
measure, is necessary for the immediate preservation of the public health or safety, has 9
been passed by a yea and nay vote supported by three–fifths of all the members elected to 10
each of the two Houses of the General Assembly, and shall take effect from the date it is 11
enacted. 12