Voting Rights Act of 2026 - Counties and Municipal Corporations

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0350*

HOUSE BILL 350
G1 EMERGENCY BILL 6lr1323
CF SB 255
By: Delegates Wims, Behler, Boyce, Chang, Coley, Conaway, Crutchfield, Fair,
Feldmark, Fraser –Hidalgo, Hill, A. Jones, Kaiser, Kaufman, Lehman,
J. Long, Lopez, Mireku –North, Moon, Moreno, Odom, Palakovich Carr,
Pasteur, Phillips, Pruski, Roberson, Ruth, Simmons, Stinnett, Taveras,
Taylor, Terrasa, Toles, Turner, Wilkins, Williams, Woorman, and Young
Introduced and read first time: January 19, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Voting Rights Act of 2026 – Counties and Municipal Corporations 2

FOR the purpose of prohibiting the imposition or applicatio n of a method for electing the 3
governing body of a county or municipal corporation that impairs the ability of 4
members of a protected class to elect candidates of the members’ choice or influence 5
the outcome of an election by diluting or abridging the righ ts of voters who are 6
members of a protected class; and generally relating to voting rights of members of 7
protected classes in elections in counties and municipal corporations. 8

BY adding to 9
Article – Election Law 10
Section 15.7 –101 through 15.7 –107 to be under the new title “Title 15.7. Voting 11
Rights – Counties and Municipal Corporations” 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Election Law 17

TITLE 15.7. VOTING RIGHTS – COUNTIES AND MUNICIPAL CORPORATIONS. 18

15.7–101. 19

2 HOUSE BILL 350

(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 1
INDICATED. 2

(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 3
DIFFERENCE IN THE CHOICE OF CANDIDATES OR OTHER ELECTORAL CHOICES THAT 4
ARE PREFERRED BY VOT ERS IN A PROTECTED C LASS AND IN THE CHOI CE OF 5
CANDIDATES AND ELECTORAL CHOICES THAT ARE PREFERRED BY ANOTHER CLASS 6
OR SET OF CLASSES. 7

(C) “PROTECTED CLASS” MEANS A CLASS OF V OTERS WHO ARE MEMBER S 8
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP OR A CLASS OF TWO OR MORE 9
OF THOSE GROUPS. 10

15.7–102. 11

(A) THIS TITLE APPLIES ONLY TO ELECTIONS IN A COUNTY OR MUNICIPAL 12
CORPORATION. 13

(B) THIS TITLE DOES NOT APPLY TO STATEWIDE ELECTIONS. 14

15.7–103. 15

(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A COUNTY OR 16
MUNICIPAL CORPORATION MAY NOT BE IMPOSED O R APPLIED IN A MANNE R THAT 17
IMPAIRS THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT CANDIDATES 18
OF THE MEMBERS ’ CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE 19
OUTCOME OF AN ELECTION AS A RESULT OF TH E DILUTION OR THE AB RIDGEMENT 20
OF THE RIGHTS OF VOTERS WHO ARE MEMBERS OF A PROTECTED CLASS. 21

(B) A VIOLATION OF SUBSECTION (A) OF THIS SECTION IS ESTABLISHED IF: 22

(1) ELECTIONS IN A COUNT Y OR MUNICIPAL CORPORATION EXHIBIT 23
POLARIZED VOTING; AND 24

(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 25
STRENGTH OF MEMBERS OF A PROTECTED CLASS TO ELECT A CANDIDATE OF THE 26
MEMBERS’ CHOICE OR THE MEMBERS’ ABILITY TO INFLUENCE THE OUTCOME OF AN 27
ELECTION, AS DEMONSTRATED BY T HE EXISTENCE OF ONE OR MORE METHODS OF 28
ELECTION THAT COULD BE CONSTITUTIONALLY ADOPTED THAT WOULD L IKELY 29
MITIGATE THE DILUTION. 30

15.7–104. 31

HOUSE BILL 350 3

(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 1
15.7–103(B)(1) OF THIS TITLE, 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 OR 6
MUNICIPAL CORPORATION; 7

(3) BALLOT QUESTION ELECTIONS; 8

(4) ELECTIONS IN WHICH AT LEAST ONE CANDIDATE IS A MEMBER OF 9
A PROTECTED CLASS; AND 10

(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE RIGHTS AND 11
PRIVILEGES OF MEMBERS OF A PROTECTED CLASS. 12

(B) (1) ELECTIONS THAT ARE CONDUCTED BEFORE THE FILING OF AN 13
ACTION TO ENFORCE § 15.7–103(A) OF THIS TITLE ARE MO RE PROBATIVE TO 14
ESTABLISH THE EXISTENCE OF POLARIZED VOT ING THAN ELECTIONS C ONDUCTED 15
AFTER THE FILING OF AN ACTION. 16

(2) THE FOLLOWING MAY NOT PRECLUDE A FINDING O F POLARIZED 17
VOTING THAT RESULTS IN AN UNEQUAL OPPORTUNITY FOR A PROTECTED CLASS TO 18
ELECT CANDIDATES OF THE MEMBERS’ CHOICE: 19

(I) THE ELECTION OF CAND IDATES WHO ARE MEMBE RS OF A 20
PROTECTED CLASS AND WHO WERE ELECTED BEFORE THE FILING OF AN ACTION TO 21
ENFORCE § 15.7–103(A) OF THIS TITLE; 22

(II) NONQUANTITATIVE OR NONSTATISTICAL EVIDENCE; OR 23

(III) LOW VOTER TURNOUT OR VOTER REGIS TRATION RATES 24
AMONG MEMBERS OF THE PROTECTED CLASS. 25

(3) TO ESTABLISH THE EXIS TENCE OF POLARIZED V OTING, THE 26
COURT MAY NOT BE REQUIRED TO: 27

(I) USE A SET NUMBER OR COMBINATION OF ELECTIONS; OR 28

(II) CONSIDER THE CAUSES OF OR REASONS FOR PO LARIZED 29
VOTING, INCLUDING PARTISAN EXPLANATIONS OR DISCRIMINATORY INTENT. 30

4 HOUSE BILL 350

(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 1
GEOGRAPHICALLY COMPACT OR CONCENTRATED MAY NOT PRECLUDE A FINDING OF 2
POLARIZED VOTING OR A VIOLATION OF § 15.7–103(A) OF THIS TITLE , BUT IT MAY 3
BE A FACTOR THAT IS CONSIDERED IN DETERMINING AN APPROPRIATE REMEDY. 4

15.7–105. 5

IN DETERMINING WHETHER A VIOLATION OF § 15.7–103(A) OF THIS TITLE HAS 6
OCCURRED WITH RESPEC T TO A PROTECTED CLA SS, THE COURT MAY CONSID ER 7
EVIDENCE RELEVANT TO WHETHER PROTECTED CLASS MEMBERS ARE VULNERABLE 8
TO OR OTHERWISE AT RISK OF VOTING DISCRIMINATION, INCLUDING: 9

(1) THE HISTORY AND EFFE CTS OF DISCRIMINATIO N AGAINST THE 10
PROTECTED CLASS; AND 11

(2) THE EXTENT TO WHICH PROTECTED CLASS MEMBERS ENCOUNTER 12
BARRIERS, DISPARITIES, OR HOSTILITY REGARDI NG POLITICAL PARTICI PATION 13
AND CIVIC LIFE. 14

15.7–106. 15

(A) THE OFFICE OF THE ATTORNEY GENERAL AND ANY OTHER PERSON MAY 16
BRING AN ACTION TO E NFORCE § 15.7–103 OF THIS TITLE IN THE COUNTY WHERE 17
THE VIOLATION ALLEGE DLY OCCURR ED FOR INJUNCTIVE RE LIEF, DAMAGES, OR 18
OTHER RELIEF. 19

(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF THE COURT 20
FINDS A VIOLATION OF THIS TITLE, THE COURT SHALL HAVE BROAD AUTHORITY TO 21
ORDER APPROPRIATE REMEDIES THAT ARE TAILORED TO ADDRESS THE VIOLATION. 22

(2) A COURT MAY NOT ORDER THE ADOPTION OF A ME THOD OF 23
ELECTION THAT IS INC ONSISTENT WITH THE M ETHODS OF ELECTION I N USE IN 24
COUNTIES IN THE STATE WITHOUT THE CONSENT OF THE RELEVANT JURISDICTION. 25

(C) (1) THE COURT SHALL CONSI DER REMEDIES PRO POSED BY ANY 26
PARTIES TO THE ACTION OR INTERESTED PARTIES. 27

(2) THE COURT MAY NOT GIV E DEFERENCE OR PRIOR ITY TO A 28
PROPOSED REMEDY BECA USE IT IS PROPOSED B Y A COUNTY OR MUNICI PAL 29
CORPORATION. 30

(D) A COURT MAY GRANT PREL IMINARY RELIEF REQUE STED UNDER THIS 31
SECTION REGARDING AN UPCOMING ELECTION IF THE COURT DETERMINES: 32

HOUSE BILL 350 5

(1) THAT THE PARTY IS MORE LIKELY THAN NOT TO SUCCEED ON THE 1
MERITS; AND 2

(2) IT IS POSSIBLE TO IM PLEMENT AN APPROPRIA TE REMEDY THAT 3
WOULD RESOLVE THE VI OLATION ALLEGED UNDE R THIS SECTION BEFORE THE 4
ELECTION. 5

15.7–107. 6

(A) IN AN ACTION TO ENFOR CE THIS TITLE , THE COURT MAY AWARD 7
REASONABLE ATTORNEY ’S FEES AND LITIGATIO N COSTS , INCLUDING EXPERT 8
WITNESS FEES AND EXP ENSES TO A PRIVATE P LAINTIFF THAT PREVAI LED IN THE 9
ACTION. 10

(B) A PRIVATE PLAINTIFF WILL BE DE EMED TO HAVE PREVAIL ED IN AN 11
ACTION WHEN , AS A RESULT OF THE A CTION, THE COUNTY OR MUNICI PAL 12
CORPORATION YIELDS SOME OR ALL OF THE RELIEF SOUGHT IN THE ACTION. 13

SECTION 2. AND BE IT FURTHER ENACTED, That, if a court issues a holding 14
that affects the application of a provision of this Act, the ruling does not affect other 15
provisions or any other application of this Act that can be given effect without the affected 16
provision or application, and for this purpose the provisions of this Act are declared 17
severable. 18

SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 19
measure, is necessary for the immediate preservation of the public health or safety, has 20
been passed by a yea and nay vote supported by three –fifths of all the members elected to 21
each of the two Houses of the General Assembly, and shall take effect from the date it is 22
enacted. 23