Election Law - Initiative Process

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1403*

HOUSE BILL 1403
G1 CONSTITUTIONAL AMENDMENT 6lr3415
HB 1288/24 – W&M
By: Delegates McComas and Hornberger
Introduced and read first time: February 13, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Election Law – Initiative Process 2

FOR the purpose of authorizing the people to petition to a vote a proposal to add to, amend, 3
and repeal the public general laws or the Maryland Constitution under certain 4
circumstances; and establishing the Initiative process. 5

BY proposing an addition to the Maryland Constitution 6
New Article XVI–A – The Initiative 7
Section 1 through 4 8

SECTION 1. BE IT ENACTED BY THE GENERAL A SSEMBLY OF MARYLAND, 9
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 10
proposed that the Maryland Constitution read as follows: 11

ARTICLE XVI–A – THE INITIATIVE 12

1. 13

THE PEOPLE OF THE STATE, RESERVING TO THEMSELVES THE POWER KNOWN 14
AS THE INITIATIVE, MAY BY PETITION SUBMIT TO THE REGISTERED VOTERS OF THE 15
STATE FOR THEIR APPROVAL OR REJECTION AT THE POLLS ANY PROPOSED BILL TO 16
ADD TO , REPEAL, OR AMEND THE PUBLIC GENERAL LAWS OR THE MARYLAND 17
CONSTITUTION THAT WAS NOT APPROVED AT A REGULAR O R SPECIAL SESSION OF 18
THE GENERAL ASSEMBLY. 19

2. 20

(A) BEFORE A PETITION OR ANY PART OF A PETITI ON IS CIRCULATED 21
AMONG THE VOTERS OF THE STATE: 22
2 HOUSE BILL 1403

(1) THE TEXT OF THE PROPOSAL CONTAINED IN THE PETITION SHALL 1
BE SUBMITTED TO THE SECRETARY OF STATE; AND 2

(2) IF A SUMMARY OF THE PROPOSAL IS INCLUDED IN THE PETITION, 3
THE SUMMARY SHALL BE APPROVED FOR ACCURACY BY THE ATTORNEY GENERAL. 4

(B) (1) AN INITIATIVE PETITION MAY CONSIST OF SEVERAL PAPERS. 5

(2) EACH PAPER OF THE PET ITION SHALL CONTAIN THE FULL TEX T 6
OF THE PROPOSAL. 7

(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PETITION 8
TO SUBMIT TO THE VOT ERS OF THE STATE A PROPOSAL CONCERNING THE PUBLIC 9
GENERAL LAWS SHALL B E SIGNED BY REGISTER ED VOTERS OF THE STATE IN A 10
NUMBER EQUAL TO AT LEAST 10% OF THE VOTES CAST IN THE LAST ELECTION FOR 11
GOVERNOR. 12

(2) NOT MORE THAN 50% OF THE SIGNERS OF A PETITION MAY BE 13
REGISTERED VOTERS IN BALTIMORE CITY OR ANY SINGLE COUNTY. 14

(D) (1) AN INITIATIVE PETITION SHALL BE FILED WITH THE SECRETARY 15
OF STATE WITHIN 180 DAYS AFTER THE DATE OF THE FINAL ACTION ON THE BILL BY 16
THE GENERAL ASSEMBLY. 17

(2) ATTACHED TO EACH PAPE R OF SIGNATURES FILE D WITH A 18
PETITION, THERE SHALL BE AN AF FIDAVIT OF THE PERSO N PROCURING THOSE 19
SIGNATURES THAT STATES THAT BASED O N THE PERSON’S BEST KNOWLEDGE AND 20
BELIEF: 21

(I) EVERY SIGNATURE ON THE PAPER IS GENUINE; AND 22

(II) THE SIGNERS ARE REGISTERED VOTERS IN THE STATE AND 23
IN THE LOCAL JURISDICTION INDICATED ON THE PAPER. 24

(3) IF THE SECRETARY OF STATE DETERMINES THAT THE ORIGINAL 25
AND ANY SUPPLEMENTAL PETITIONS BEAR THE R EQUISITE NUMBER OF V ALID 26
SIGNATURES, THE SECRETARY OF STATE SHALL CERTIFY T HE PROPOSAL FOR A 27
VOTE. 28

(E) THE GENERAL ASSEMBLY SHALL PRESCRIBE BY LAW THE FORM OF THE 29
PETITION FOR AN INITIATIVE PROPOSAL , THE MANNER FOR VERIF YING THE 30
HOUSE BILL 1403 3

AUTHENTICITY OF PETI TIONS, AND OTHER ADMINISTRA TIVE PROCEDURES THAT 1
ARE NECESSARY AND NOT IN CONFLICT WITH THIS ARTICLE. 2

3. 3

(A) (1) AN INITIATIVE PROPOSAL C ERTIFIED BY THE SECRETARY OF 4
STATE AT LEAST 90 DAYS BEFORE THE NEXT GENERAL ELECTION SHA LL BE 5
SUBMITTED TO THE VOTERS AT THAT ELECTION. 6

(2) A PROPOSAL CERTIFIED B Y THE SECRETARY OF STATE LESS 7
THAN 90 DAYS BEFORE A GENERAL ELECTION SHALL BE SUBMITTED TO THE VOTERS 8
AT THE NEXT SUCCEEDING GENERAL ELECTION. 9

(B) BEFORE THE ELECTION AT WHICH THE INITIATIVE PROPOSAL IS TO BE 10
VOTED ON , THE TEXT OF THE PROP OSAL SHALL BE PUBLIS HED IN A MANNER 11
PROVIDED BY LAW. 12

(C) ON THE BALLOT USED IN THE ELECTION AT WHIC H THE INITIATIVE 13
PROPOSAL IS VOTED ON, EACH INITIATIVE PROPOSAL SHALL: 14

(1) APPEAR AS A SEPARATE ITEM IN A FORMAT PRESCRIBED BY THE 15
GENERAL ASSEMBLY THAT SUFFICIENTLY IDENTIFIES THE PROPOSAL; AND 16

(2) BE FOLLOWED BY THE WORDS “FOR THE INITIATIVE PROPOSAL” 17
AND “AGAINST THE INITIATIVE PROPOSAL”. 18

(D) (1) THE VOTES CAST FOR AND AGAINST EACH INITIATIVE PROPOSAL 19
SHALL BE RETURNED TO THE GOVERNOR WITHIN 30 DAYS. 20

(2) THE GOVERNOR SHALL MAKE A DETERMINATION OF THE 21
NUMBER OF VOTES CAST FOR AND AGAINST THE PROPOSAL. 22

(3) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , 23
THE GOVERNOR SHALL IMMEDIATELY BY PROCLAMATION DECLARE THE PROPOSAL 24
TO BE EFFECTIVE IF: 25

(I) IN THE CASE OF PUBLIC GENERAL LAW, AT LEAST 50% OF 26
THE VOTES CAST ON THE PROPOSAL HAVE BEEN CAST IN FAVOR OF IT; OR 27

(II) IN THE CASE OF A CHAN GE TO THE MARYLAND 28
CONSTITUTION, AT LEAST TWO –THIRDS OF THE VOTES CAST ON THE PROPOSAL 29
HAVE BEEN CAST IN FAVOR OF IT. 30

4 HOUSE BILL 1403

(4) IF TWO OR MORE INITIATIVE PROPOSALS RECEIVE A FAVORABLE 1
MAJORITY AND THE GOVERNOR, WITH THE ADVICE OF T HE ATTORNEY GENERAL, 2
DETERMINES THAT THES E PROPOSALS ARE IN IRR ECONCILABLE CONFLICT , THE 3
GOVERNOR SHALL DECLAR E ONLY THE PROPOSAL RECEIVING THE HIGHES T 4
NUMBER OF VOTES TO BE PART OF THE PUBLIC GENERAL LAWS OR THE MARYLAND 5
CONSTITUTION. 6

(5) A PROPOSAL DECLARED TO BE PART OF THE PUBLI C GENERAL 7
LAWS OR THE MARYLAND CONSTITUTION SHALL TAKE EFFECT 30 DAYS AFTER THE 8
ISSUANCE OF THE GOVERNOR’S PROCLAMATION. 9

4. 10

AN INITIATIVE PROPOSAL T HAT BECOMES PART OF THE PUBLIC GENERAL 11
LAWS OR THE MARYLAND CONSTITUTION MAY BE AMENDED OR REPEALED IN THE 2 12
YEARS IMM EDIATELY FOLLOWING I TS EFFECTIVE DATE ON LY IF THE CHANGE IS 13
APPROVED BY A TWO–THIRDS VOTE OF BOTH HOUSES OF THE GENERAL ASSEMBLY. 14

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 15
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 16
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 17
Constitution concerning local approval of constitutional amendments do not apply. 18

SECTION 3. AND BE IT FURTHER ENACTED, That the a mendment to the 19
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 20
voters of the State at the next general election to be held in November 2026 for adoption or 21
rejection pursuant to Article XIV of the Maryland Const itution. At that general election, 22
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 23
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 24
the Constitutional Amendment”, as now provided by law. Immediately after the election, 25
all returns shall be made to the Governor of the vote for and against the proposed 26
amendment, as directed by Article XIV of the Maryland Constitution, and further 27
proceedings had in accordance with Article XIV. 28