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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0104*
SENATE BILL 104
G1, P3, P5 CONSTITUTIONAL AMENDMENT 6lr1141
(PRE–FILED)
By: Senators Hershey, Bailey, Carozza, Corderman, Folden, Gallion, Jennings,
Mautz, McKay, Ready, Salling, Simonaire, and West
Requested: October 9, 2025
Introduced and read first time: January 14, 2026
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Legislative and Congressional Redistricting and Legislative and Congressional 2
Redistricting and Apportionment Commission 3
(Fair Districts for Maryland Act) 4
FOR the purpose of requiring single–member delegate districts; altering certain standards 5
for the drawing of legislative districts; establishing standards for the drawing o f 6
congressional districts; establishing the Legislative and Congressional Redistricting 7
and Apportionment Commission as an independent unit of State government to 8
divide the State into certain legislative districts and congressional districts subject 9
to ce rtain requirements and procedures; providing that the Supreme Court of 10
Maryland has original jurisdiction to establish a certain plan or consider a certain 11
petition under certain circumstances; altering the cases with respect to which the 12
Attorney General has the authority to prosecute and defend the State; requiring the 13
Redistricting Commission to petition the Supreme Court of Maryland to establish 14
certain plans under certain circumstances; requiring the Redistricting Commission 15
to represent the State in c ertain judicial proceedings; requiring the Redistricting 16
Commission to intervene in certain cases on behalf of the State; and generally 17
relating to legislative and congressional redistricting and apportionment. 18
BY proposing an amendment to the Maryland Constitution 19
Article III – Legislative Department 20
Section 3 and 4 21
BY proposing a repeal of the Maryland Constitution 22
Article III – Legislative Department 23
Section 5 24
BY proposing an amendment to the Maryland Constitution 25
Article IV – Judiciary Department 26
2 SENATE BILL 104
Section 14 1
BY proposing an amendment to the Maryland Constitution 2
Article V – Attorney–General and State’s Attorneys 3
Section 3 4
BY proposing an addition to the Maryland Constitution 5
New Article XXI – Legislative and Congressional Redistricting and Apportionment 6
Section 1 and 2 7
BY repealing and reenacting, without amendments, 8
Article – Election Law 9
Section 1–101(a), (dd), (hh), (jj), and (kk) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2025 Supplement) 12
BY adding to 13
Article – Election Law 14
Section 8 –7A–01 through 8 –7A–11 to be under the new subtitle “Subtitle 7A. 15
Legislative and Congressional Redistricting and Apportionment Commission” 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 20
proposed that the Maryland Constitution read as follows: 21
Article III – Legislative Department 22
3. 23
The State shall be divided by law into legislative districts for the election of members 24
of the Senate and the House of Delegates. Each legislative district shall contain one (1) 25
Senator and three (3) Delegates. [Nothing herein shall prohibit the subdivision of any one 26
or mo re of the legislative districts for the purpose of electing members of the House of 27
Delegates into three (3) single –member delegate districts or one (1) single –member 28
delegate district and one (1) multi –member delegate district. ] EACH LEGISLATIVE 29
DISTRICT SHALL BE SUBDIVIDED INTO THREE (3) SINGLE–MEMBER DELEGATE 30
DISTRICTS. 31
4. 32
Each legislative district [shall consist of adjoining territory, be compact in form, and 33
of substantially equal population. Due regard shall be given to natural boundaries and the 34
boundaries of political subdivisions]: 35
SENATE BILL 104 3
(1) SHALL RESPECT NATURAL BOUNDARIES AND THE G EOGRAPHIC 1
INTEGRITY AND CONTIN UITY OF MUNICIPAL CO RPORATIONS, COUNTIES, AND 2
OTHER POLITICAL SUBDIVISIONS TO THE EXTENT PRACTICABLE; 3
(2) SHALL BE GEOGRAPHICAL LY CONTIGUOUS AND COMPA CT AND 4
INCLUDE NEARBY AREAS OF POPULATION TO THE EXTENT PRACTICABLE; 5
(3) SHALL REFLECT COMMUNITIES OF COMMON INTEREST; 6
(4) MAY NOT ACCOUNT FOR H OW INDIVIDUALS ARE REGISTERED TO 7
VOTE, HOW INDIVIDUALS VOTED IN THE PAST, OR THE POLITICAL PARTY TO WHICH 8
INDIVIDUALS BELONG; AND 9
(5) MAY NOT ACCOUNT FOR T HE DOMICILE OR RESID ENCE OF ANY 10
INDIVIDUAL, INCLUDING AN INCUMBE NT OFFICEHOLDER OR A POTENTIAL 11
CANDIDATE FOR OFFICE. 12
[5. 13
Following each decennial census of the United States and after public hearings, the 14
Governor shall prepare a plan setting forth the boundaries of the legislative districts for 15
electing of the members of the Senate and the House of Delegates. 16
The Governor shall present the plan to the President of the Senate and Speaker of 17
the House of Delegates who shall introduce the Governor’s plan as a joint resolution to the 18
General Assembly, not later than the first day of its regular session in the second year 19
following every census, and the Governor may call a special session for the presentation of 20
his plan prior to the regular session. The plan shall conform to Sections 2, 3 and 4 of this 21
Article. Following each decennial census the General Assembly may by joint resolution 22
adopt a plan setting forth the boundaries of the legislative districts for the election of 23
members of the Senate and the House of Delegates, which plan shall conform to Sections 24
2, 3 and 4 of this Article. If a plan has been adopted by the General Assembly by the 45th 25
day after the opening of the reg ular session of the General Assembly in the second year 26
following every census, the plan adopted by the General Assembly shall become law. If no 27
plan has been adopted by the General Assembly for these purposes by the 45th day after 28
the opening of the regul ar session of the General Assembly in the second year following 29
every census, the Governor’s plan presented to the General Assembly shall become law. 30
Upon petition of any registered voter, the Supreme Court of Maryland shall have 31
original jurisdiction to review the legislative districting of the State and may grant 32
appropriate relief, if it finds that the districting of the State is not consistent with 33
requirements of either the Constitution of the United States of America, or the Constitution 34
of Maryland.] 35
Article IV – Judiciary Department 36
4 SENATE BILL 104
14. 1
The Supreme Court of Maryland shall be composed of seven justices, one from the 2
First Appellate Judicial Circuit consisting of Caroline, Cecil, Dorchester, Kent, Queen 3
Anne’s, Somerset, Talbot, Wicomico, and Wor cester Counties; one from the Second 4
Appellate Judicial Circuit consisting of Baltimore and Harford Counties; one from the Third 5
Appellate Judicial Circuit, consisting of Allegany, Carroll, Frederick, Garrett, Howard, and 6
Washington Counties; one from the Fourth Appellate Judicial Circuit, consisting of Prince 7
George’s County; one from the Fifth Appellate Judicial Circuit, consisting of Anne Arundel, 8
Calvert, Charles, and St. Mary’s Counties; one from the Sixth Appellate Judicial Circuit, 9
consisting of Balt imore City; and one from the Seventh Appellate Judicial Circuit, 10
consisting of Montgomery County. The Justices of the Supreme Court of Maryland shall be 11
residents of their respective Appellate Judicial Circuits. The term of each Justice of the 12
Supreme Court of Maryland shall begin on the date of the Justice’s qualification. One of 13
the Justices of the Supreme Court of Maryland shall be designated by the Governor as the 14
Chief Justice. The jurisdiction of the Supreme Court of Maryland shall be co–extensive with 15
the limits of the State and such as now is or may hereafter be prescribed by law. 16
EXCLUSIVE AMONG THE STATE COURTS , THE SUPREME COURT OF MARYLAND 17
SHALL HAVE ORIGINAL JURISDICTION: (1) TO ESTABLISH THE LEG ISLATIVE 18
DISTRICT PLAN AND TH E CONGRESSIONAL DIST RICT PLAN IN THE EVEN T THAT A 19
PLAN IS NOT ENACTED UNDER ARTICLE XXI, SECTION 2 OF THIS CONSTITUTION; 20
AND (2) TO CONSIDER A PETITION SEEKING REVIEW OF THE LEGALITY OF A PLAN TO 21
ESTABLISH LEGISLATIV E OR CONGRESSIONAL D ISTRICTS ENACTED UND ER 22
ARTICLE XXI, SECTION 2 OF THIS CONSTITUTION. It shall hold its sessions in the City 23
of Annapolis at such time or times as it shall from time to time by rule prescribe. Its session 24
or sessions shall continue not less than ten months in each year, if the business before it 25
shall so require, and it shall be competent for the judges temporarily to transfer their 26
sittings elsewhere upon sufficient cause. The salary of each Justice of the Supreme Court 27
of Maryland shall be that now or hereafter prescribed by the General Assembly a nd shall 28
not be diminished during his continuance in office. Five of the justices shall constitute a 29
quorum, and five justices shall sit in each case unless the Court shall direct that an 30
additional justice or justices sit for any case. The concurrence of a majority of those sitting 31
shall be sufficient for the decision of any cause, and an equal division of those sitting in a 32
case has the effect of affirming the decision appealed from if there is no application for 33
reargument as hereinafter provided. In any case where there is an equal division or a three 34
to two division of the Court a reargument before the full Court of seven justices shall be 35
granted to the losing party upon application as a matter of right. 36
Article V – Attorney–General and State’s Attorneys 37
3. 38
(a) The Attorney General shall: 39
(1) [Prosecute] EXCEPT FOR PROCEEDING S TO ESTABLISH THE 40
SENATE BILL 104 5
LEGISLATIVE DISTRICT PLAN AND THE CONGRES SIONAL DISTRICT PLAN IN THE 1
EVENT THAT A PLAN IS NOT ENACTED UNDER ARTICLE XXI, SECTION 2 OF THIS 2
CONSTITUTION OR A PETITION SEEKING R EVIEW OF THE LEGALIT Y OF A PLAN TO 3
ESTABLISH LEGISLATIV E DISTRICTS OR CONGR ESSIONAL DISTRICTS E NACTED 4
UNDER ARTICLE XXI, SECTION 2 OF THIS CONSTITUTION, PROSECUTE and defend 5
on the part of the State all cases pending in the appellate courts of the State, in the Supreme 6
Court of the United States or the inferior Federal Courts, by or against the State, or in 7
which the State may be interested, except those criminal appeals otherwise prescribed by 8
the General Assembly. 9
(2) Investigate, commence, and prosecute or defend any civil or criminal 10
suit or action or category of such suits or actions in any of the Federal Courts or in any 11
Court of this State, or before administrative agencies and quasi legislative bodies, on the 12
part of the State or in which the State may be interested, which the General Assembly by 13
law or joint resolution, or the Governor, shall have directed or shall direct to be 14
investigated, commenced and prosecuted or defended. 15
(3) When required by the General Assembly by l aw or joint resolution, or 16
by the Governor, aid any State’s Attorney or other authorized prosecuting officer in 17
investigating, commencing, and prosecuting any criminal suit or action or category of such 18
suits or actions brought by the State in any Court of this State. 19
(4) Give his opinion in writing whenever required by the General Assembly 20
or either branch thereof, the Governor, the Comptroller, the Treasurer or any State’s 21
Attorney on any legal matter or subject. 22
(b) The Attorney General shall have a nd perform any other duties and possess 23
any other powers, and appoint the number of deputies or assistants, as the General 24
Assembly from time to time may prescribe by law. 25
(c) The Attorney General shall receive for his services the annual salary as the 26
General Assembly from time to time may prescribe by law, but he may not receive any fees, 27
perquisites or rewards whatever, in addition to his salary, for the performance of any 28
official duty. 29
(d) The Governor may not employ any additional counsel, in any case whatever, 30
unless authorized by the General Assembly. 31
ARTICLE XXI – LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND 32
APPORTIONMENT 33
1. 34
EACH CONGRESSIONAL DISTRICT: 35
(1) SHALL RESPECT NATURAL BOUNDARIES AND THE G EOGRAPHIC 36
6 SENATE BILL 104
INTEGRITY AND CONTIN UITY OF MUNICIPAL CORPORATIO NS, COUNTIES, AND 1
OTHER POLITICAL SUBDIVISIONS TO THE EXTENT PRACTICABLE; 2
(2) SHALL BE GEOGRAPHICAL LY CONTIGUOUS AND CO MPACT AND 3
INCLUDE NEARBY AREAS OF POPULATION TO THE EXTENT PRACTICABLE; 4
(3) SHALL REFLECT COMMUNITIES OF COMMON INTEREST; 5
(4) MAY NOT ACCOUNT FOR H OW INDIVIDUALS ARE REGISTERED TO 6
VOTE, HOW INDIVIDUALS VOTED IN THE PAST, OR THE POLITICAL PARTY TO WHICH 7
INDIVIDUALS BELONG; AND 8
(5) MAY NOT ACCOUNT FOR T HE DOMICILE OR RESID ENCE OF ANY 9
INDIVIDUAL, INCLUDING AN INCUMBENT OFFICEHOLD ER OR A POTENTIAL 10
CANDIDATE FOR OFFICE. 11
2. 12
(A) IN THIS SECTION , “REDISTRICTING COMMISSION” MEANS THE 13
LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND APPORTIONMENT 14
COMMISSION. 15
(B) THE PROVISIONS OF THIS SECTION AND ANY LAWS ENACTED TO CARRY 16
OUT THIS SECTION ARE THE EXCLUSIVE MEANS TO ADOPT ANY PLAN TO ALTER 17
LEGISLATIVE DISTRICTS OR CONGRESSIONAL DISTRICTS. 18
(C) (1) THERE IS A LEGISLATIVE AND CONGRESSIONAL REDISTRICTING 19
AND APPORTIONMENT COMMISSION. 20
(2) THE REDISTRICTING COMMISSION IS AN INDEPENDENT UNIT OF 21
STATE GOVERNMENT, ESTABLISHED BY LAW , CONSISTING OF MEMBER S WHO ARE 22
IMPARTIAL AND REASONABLY REPRESENTATIVE OF THE STATE’S GEOGRAPHICAL, 23
RACIAL, AND GENDER MAKEUP. 24
(D) IN THE YEAR FOLLOWING EACH DECENNIAL CENSU S OF TH E UNITED 25
STATES, THE REDISTRICTING COMMISSION SHALL: 26
(1) DIVIDE THE STATE INTO CONSECUTIV ELY NUMBERED 27
LEGISLATIVE DISTRICTS THAT CONFORM TO ARTICLE III, SECTIONS 2, 3, AND 4 OF 28
THIS CONSTITUTION; AND 29
(2) DIVIDE THE STATE INTO AS MANY CO NGRESSIONAL DI STRICTS 30
THAT CONFORM TO SECTION 1 OF THIS ARTICLE AS THERE ARE REPRESENTATIVES 31
IN CONGRESS APPORTIONED TO THE STATE. 32
SENATE BILL 104 7
(E) (1) LEGISLATIVE DISTRICTS SHALL BE AS NEARLY E QUAL IN 1
POPULATION AS PRACTI CABLE BUT MAY NOT DE VIATE MORE THAN 2% IN 2
POPULATION BETWEEN LEGISLATIVE DISTRICTS. 3
(2) EACH DELEGATE DISTRIC T SHALL BE AS NEARLY EQUAL IN 4
POPULATION AS PRACTI CABLE BUT MAY NOT DE VIATE MORE THAN 2% IN 5
POPULATION BETWEEN T HE OTHER DELEGATE DI STRICTS IN THE LEGIS LATIVE 6
DISTRICT. 7
(F) THE REDISTRICTING COMMISSION SHALL: 8
(1) ADOPT ONE PLAN FOR LE GISLATIVE DISTRICTS AND ONE PLAN 9
FOR CONGRESSIONAL DISTRICTS; 10
(2) CERTIFY THAT EACH PLA N IS THE PLAN ADOPTE D BY THE 11
REDISTRICTING COMMISSION; AND 12
(3) SEND EACH CERTIFIED P LAN TO THE PRESIDING OFFICERS OF 13
THE GENERAL ASSEMBLY. 14
(G) ON RECEIPT OF THE CERTIFIED LEGISLATIVE DISTRICT PLAN AND THE 15
CERTIFIED CONGRESSIO NAL DISTRICT PLAN FR OM THE REDISTRICTING 16
COMMISSION, THE PRESIDING OFFICE RS SHALL INTRODUCE EACH PLAN 17
SEPARATELY FOR CONSIDERATION BY THE GENERAL ASSEMBLY. 18
(H) (1) UNLESS THE GOVERNOR FINDS THAT A SPECIAL SESSION IS NOT 19
REQUIRED, THE GOVERNOR SHALL ISSUE A PROCLAMATION CONVENING A SPECIAL 20
SESSION OF THE GENERAL ASSEMBLY TO CONSIDER THE PLANS REQUIRED T O BE 21
INTRODUCED UNDER SUBSECTION (G) OF THIS SECTION. 22
(2) DURING A SPECIAL SESS ION CONVENED UNDER T HIS 23
SUBSECTION, THE GENERAL ASSEMBLY: 24
(I) SHALL CONSIDER ONLY T HE CERTIFIED LEGISLA TIVE 25
DISTRICT PLAN AND TH E CERTIFIED CONGRESS IONAL DISTRICT PLAN AND ANY 26
AMENDMENTS TO THE PL ANS AUTHORIZED UNDER SUBSECTION (N) OF THIS 27
SECTION; AND 28
(II) MAY NOT CONSIDER ANY OTHER LEGISLATION, INCLUDING 29
BILLS THAT HAVE BEEN VETOED. 30
(I) THE PRESIDING OFFICER S SHALL INTRODUCE TH E CERTIFIED 31
8 SENATE BILL 104
LEGISLATIVE DISTRICT PLAN AND THE CERTIFIED CONGRESSIONAL DISTRICT PLAN 1
AT THE FOLLOWING TIME: 2
(1) IF THE GOVERNOR DOES NOT CON VENE A SPECIAL SESSI ON, ON 3
THE FIRST DAY OF THE REGULAR SESSION OF THE GENERAL ASSEMBLY IN THE YEAR 4
ENDING IN THE NUMERAL 2; OR 5
(2) IF THE GOVERNOR CONVENES A SPECIAL SESSION, ON THE FIRST 6
DAY OF THE SPECIAL SESSION. 7
(J) EXCEPT FOR THE PLANS REQUIRED TO BE INTRO DUCED BY THE 8
PRESIDING OFFICERS UNDER SUBSECTION (G) OF THIS SECTION, A MEMBER OF THE 9
GENERAL ASSEMBLY MAY NOT INTR ODUCE A BILL PROPOSI NG A PLAN FOR 10
LEGISLATIVE DISTRICTS OR CONGRESSIONAL DISTRICTS. 11
(K) EXCEPT FOR AN AMENDMENT PREPARED BY THE PRESIDING OFFICERS 12
UNDER SUBSECTION (N) OF THIS SECTION , A LEGISLATIVE DISTRI CT PLAN OR A 13
CONGRESSIONAL DISTRICT PLAN MAY NOT BE AMENDED. 14
(L) (1) (I) DURING A REGULAR SESSION OF THE GENERAL ASSEMBLY, 15
EACH HOUSE OF THE GENERAL ASSEMBLY SHALL PASS A LEGISLATIVE DISTRICT 16
PLAN AND A CONGRESSIONAL DISTRICT PLAN BY A VOTE OF THREE–FIFTHS OF THE 17
MEMBERS ELECTED TO THAT HOUSE BY THE 45TH DAY AFTER THE OPENING OF THE 18
REGULAR SESSION. 19
(II) DURING A SPECIAL SESSION OF THE GENERAL ASSEMBLY, 20
EACH HOUSE OF THE GENERAL ASSEMBLY SHALL PASS A LEGISLATIVE DISTRICT 21
PLAN AND A CONGRESSIONAL DISTRICT PLAN BY A VOTE OF THREE–FIFTHS OF THE 22
MEMBERS ELECTED TO THAT HOUSE BY THE 15TH DAY AFTER THE OPENING OF THE 23
SPECIAL SESSION. 24
(2) THE LEGISLATIVE DISTR ICT PLAN AND CONGRES SIONAL 25
DISTRICT PLAN PASSED BY THE HOUSE OF DELEGATES AND THE SENATE SHALL BE 26
PRESENTED TO THE GOVERNOR FOR APPROVAL WITHIN 1 DAY AFTER PASSAGE. 27
(M) (1) IF THE LEGISLATIVE DI STRICT PLAN OR THE C ONGRESSIONAL 28
DISTRICT PLAN DOES N OT PASS BY THE DEADL INE ESTABLISHED UNDE R 29
SUBSECTION (L)(1) OF THIS SECTION, OR THE GOVERNOR VETOES THE LEGISLATIVE 30
DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN UNDER SUBSECTION (P) OF 31
THIS SECTION , THE PRESIDING OFFICE RS OF THE GENERAL ASSEMBLY SHALL , 32
WITHIN 3 DAYS: 33
(I) NOTIFY THE REDISTRICTING COMMISSION THAT THE 34
SENATE BILL 104 9
LEGISLATIVE DISTRICT PLAN OR THE CONGRESS IONAL DISTRICT PLAN DID NOT 1
PASS OR WAS VETOED; 2
(II) SEND THE REDISTRICTING COMMISSION THE 3
RECOMMENDATIONS OF T HE GENERAL ASSEMBLY FOR CHANGES TO THE 4
LEGISLATIVE DISTRICT PLAN OR THE CONGRESS IONAL DISTRICT PLAN AND THE 5
GOVERNOR’S OBJECTIONS, IF ANY; AND 6
(III) REQUEST THAT THE REDISTRICTING COMMISSION 7
PROPOSE AN ALTERNATIVE PLAN. 8
(2) (I) ON RECEIPT OF THE NOT ICE FROM THE GENERAL 9
ASSEMBLY UNDER PARAGR APH (1)(I) OF THIS SUBSECTION , THE REDISTRICTING 10
COMMISSION SHALL REVI EW THE LEGISLATIVE D ISTRICT PLAN OR THE 11
CONGRESSIONAL DISTRI CT PLAN AND CONSIDER ANY RECOMMENDATIONS FOR 12
CHANGES TO A PLAN FROM THE GENERAL ASSEMBLY AND THE OBJECTIONS OF THE 13
GOVERNOR, IF ANY. 14
(II) THE REDISTRICTING COMMISSION SHALL SEND THE 15
LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN, INCLUDING 16
ANY CHANGES APPROVED BY THE REDISTRICTING COMMISSION, TO THE PRESIDING 17
OFFICERS WITHIN 20 DAYS AFTER RECEIVING THE NOTIFICATION OF THE GENERAL 18
ASSEMBLY UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION. 19
(N) (1) WITHIN 3 DAYS AFTER RECEIVING THE LEGISLATIVE DIST RICT 20
PLAN OR THE CONGRESS IONAL DISTRICT PLAN FROM THE REDISTRICTING 21
COMMISSION UNDER SU BSECTION (M)(2)(II) OF THIS SECTION , THE PRESIDING 22
OFFICERS SHALL PREPARE ANY CHANGES RECOMMENDED BY THE REDISTRICTING 23
COMMISSION AS AN AMEN DMENT TO THE LEGISLA TIVE DISTRICT PLAN O R THE 24
CONGRESSIONAL DISTRICT PLAN. 25
(2) (I) IN ORDER FOR AN AMEND MENT PREP ARED UNDER 26
PARAGRAPH (1) OF THIS SUBSECTION T O BE PASSED , THE AMENDMENT SHALL BE 27
PASSED BY A VOTE OF THREE–FIFTHS OF THE MEMBERS ELECTED TO EACH HOUSE. 28
(II) IF AN AMENDMENT IS NOT PASSED UNDER SUBPARAGRAPH 29
(I) OF THIS PARAGRAPH, THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL 30
DISTRICT PLAN SHALL BE CONSIDERED AS NOT PASSED. 31
(III) AFTER AN AMENDMENT IS PASSED UNDER SUBPARAGRAPH 32
(I) OF THIS PARAGRAPH, IN ORDER TO BECOME LAW, EACH HOUSE OF THE GENERAL 33
ASSEMBLY SHALL PASS THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL 34
DISTRICT PLAN , AS AMENDED , BY A VOTE OF THREE –FIFTHS OF THE MEMB ERS 35
10 SENATE BILL 104
ELECTED TO EACH HOUSE. 1
(3) IF THE REDISTRICTING COMMISSION SENDS THE LEGISLATIVE 2
DISTRICT PLAN OR THE CONGRESSIONAL DISTRI CT PLAN TO THE PRESI DING 3
OFFICERS WITH NO CHANGES UNDER SUBSECTION (M)(2)(II) OF THIS SECTION, THE 4
GENERAL ASSEMBLY SHALL: 5
(I) RECONSIDER THE LEGISL ATIVE DISTRICT PLAN OR THE 6
CONGRESSIONAL DISTRICT PLAN; AND 7
(II) IN ORDER FOR THE PLAN TO BECOME LAW, PASS THE PLAN 8
BY A VOTE OF THREE–FIFTHS OF THE MEMBERS ELECTED TO EACH HOUSE. 9
(4) EXCEPT FOR AN AMENDME NT PREPARED BY THE PRESIDING 10
OFFICERS UNDER PARAG RAPH (1) OF THIS SUBSECTION , THE LEGISLATIVE 11
DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN AND AN AMENDMENT MAY 12
NOT BE AMENDED. 13
(5) THE GENERAL ASSEMBLY SHALL VOTE O N THE LEGISLATIVE 14
DISTRICT PLAN OR THE CONGRESSIONAL DI STRICT PLAN AND ANY AMENDMENT 15
WITHIN 15 DAYS AFTER THE OFFERING OF THE AMENDMENT. 16
(6) A REGULAR SESSION OR A SPECIAL SESSION OF T HE GENERAL 17
ASSEMBLY SHALL BE EXT ENDED, IF NEEDED, TO ALLOW FOR CONSIDE RATION OF 18
THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN AND ANY 19
AMENDMENT IN THE TIME SET FORTH IN PARAGRAPH (5) OF THIS SUBSECTION. 20
(7) IF THE LEGISLATIVE DI STRICT PLAN OR THE C ONGRESSIONAL 21
DISTRICT PLAN AND AM ENDMENT DO NOT RECEI VE A VOTE OF THE MEM BERS OF 22
THE GENERAL ASSEMBLY WITHIN T HE TIME PERIOD SET F ORTH UNDER 23
PARAGRAPH (5) OF THIS SUBSECTION , THE LEGISLATIVE DIST RICT PLAN OR THE 24
CONGRESSIONAL DISTRICT PLAN AND AMENDMENT SHALL BE CONSIDERED AS NOT 25
PASSED. 26
(O) THE GENERAL ASSEMBLY SHALL PRESENT THE LEGISLATIVE DISTRICT 27
PLAN OR THE CONGRESSIONAL DISTRICT PLAN PASSED UNDER THIS SECTION TO 28
THE GOVERNOR WITHIN 1 DAY AFTER PASSAGE. 29
(P) (1) (I) THE GOVERNOR SHALL SIGN O R VETO THE LEGISLATI VE 30
DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN WITHIN 6 DAYS AFTER 31
PRESENTMENT. 32
(II) A LEGISLATIVE DISTRICT P LAN OR A CONGRESSION AL 33
SENATE BILL 104 11
DISTRICT PLAN PASSED UNDER THIS SECTION M AY NOT BE ENACTED OV ER THE 1
VETO OF THE GOVERNOR UNDER ARTICLE II, SECTION 17(D) OF THIS 2
CONSTITUTION. 3
(2) IF THE GOVERNOR DOES NOT SIG N OR VETO A PLAN WIT HIN 6 4
DAYS AFTE R PRESENTMENT , THE LEGISLATIVE DIST RICT PLAN OR THE 5
CONGRESSIONAL DISTRICT PLAN SHALL BE A LAW IN LIKE MANNER AS IF SIGNED BY 6
THE GOVERNOR. 7
(Q) A LEGISLATIVE DISTRICT PLAN OR A CONGRESSIO NAL DISTRICT PLAN 8
ADOPTED UNDER THIS SECTION SHALL BECOME EFFECTIVE: 9
(1) ON THE DATE THE GOVERNOR SIGNS THE PLAN; 10
(2) IF THE GOVERNOR DOES NOT SIG N OR VETO THE PLAN , ON THE 11
6TH DAY AFTER PRESENTMENT TO THE GOVERNOR; OR 12
(3) IF THERE IS A PROCEED ING INVOLVING THE LE GISLATIVE 13
DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN IN THE SUPREME COURT 14
OF MARYLAND UNDER ARTICLE IV, SECTION 14 OF THIS CONSTITUTION, ON THE 15
DATE ORDERED BY THE SUPREME COURT OF MARYLAND. 16
(R) AS PROVIDED IN ARTICLE IV, SECTION 14 OF THIS CONSTITUTION, THE 17
SUPREME COURT OF MARYLAND SHALL ADOPT A LEGISLATIVE DISTRICT PLAN OR 18
A CONGRESSIONAL DISTRICT PLAN IF: 19
(1) THE REDISTRICTING COMMISSION FAILS TO A PPROVE A 20
LEGISLATIVE DISTRICT PLAN OR A CONGRESSIONAL DISTRICT PLAN; 21
(2) THE GENERAL ASSEMBLY DOES NOT PAS S A PLAN UNDER THIS 22
SECTION; OR 23
(3) THE GOVERNOR VETOES A PLAN PASSED UNDER SUBSECTION (N) 24
OF THIS SECTION. 25
(S) THE REDISTRICTING COMMISSION SHALL BE THE REPRESENTATIVE OF 26
THE STATE: 27
(1) IN A PROCEEDING UNDER SUBSECTION (R) OF THIS SECTION; OR 28
(2) IN A PETITION TO REVI EW THE LEGALI TY OF A PLAN UNDER 29
ARTICLE IV, SECTION 14 OF THIS CONSTITUTION. 30
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 31
12 SENATE BILL 104
as follows: 1
Article – Election Law 2
1–101. 3
(a) In this article the following words have the meanings indicated unless a 4
different meaning is clearly intended from the context. 5
(dd) “Majority party” means the political party to which the incumbent Governor 6
belongs, if the incumbent Governor is a member of a principal political party. If the 7
incumbent Governor is not a member of one of the two principal political parties, “majority 8
party” means the principal political party whose candidate for Governor received the 9
highest number of votes of any party candidate at the last preceding general election. 10
(hh) “Political party” means an organized group that is qualified as a political party 11
in accordance with Title 4 of this article. 12
(jj) “Principal minority party” means the principal political party whose candidate 13
for Governor received the second highest number of votes of any party candidate at the last 14
preceding general election. 15
(kk) “Principal political parties” means the majority party and the principal 16
minority party. 17
SUBTITLE 7A. LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND 18
APPORTIONMENT COMMISSION. 19
8–7A–01. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) “PLAN” MEANS THE PROPOSED L EGISLATIVE DISTRICT PLAN OR THE 23
PROPOSED CONGRESSION AL DISTRICT PLAN ADO PTED BY THE REDISTRICTING 24
COMMISSION. 25
(C) “REDISTRICTING COMMISSION” MEANS THE LEGISLATIVE AND 26
CONGRESSIONAL REDISTRICTING AND APPORTIONMENT COMMISSION. 27
8–7A–02. 28
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT: 29
(1) NEITHER THE LEGISLATIVE DISTRICTS NOR THE CONGRESSIONAL 30
SENATE BILL 104 13
DISTRICTS BE ESTABLISHED FOR THE PURPOSE OF FAVORING OR DISCRIMINATING 1
AGAINST AN INCUMBENT OFFICEHOLDER, A CANDIDATE FOR OFFI CE, OR A 2
POLITICAL PARTY; AND 3
(2) THE PROVISIONS OF TH IS SUBTITLE COMPLY W ITH AND 4
IMPLEMENT THE PROVISIONS OF ARTICLE III, §§ 2, 3, AND 4, ARTICLE IV, § 14, AND 5
ARTICLE XXI, §§ 1 AND 2 OF THE MARYLAND CONSTITUTION. 6
8–7A–03. 7
THERE IS A LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND 8
APPORTIONMENT COMMISSION AS AN INDEPENDENT UNIT OF STATE GOVERNMENT. 9
8–7A–04. 10
(A) ON OR BEFORE MARCH 1, 2031, AND EACH YEAR ENDING IN THE 11
NUMERAL 1 THEREAFTER, A REDISTRICTING COMMISSION WITH THE MEMBERSHIP 12
ESTABLISHED IN ACCORDANCE WITH § 8–7A–05 OF THIS SUBTITLE SHALL CONVENE. 13
(B) THE MEMBERSHIP OF THE REDISTRICTING COMMISSION IS DESIGNED 14
TO PRODUCE A REDISTRICTING COMMISSION THAT IS RE ASONABLY 15
REPRESENTATIVE OF THE STATE’S GEOGRAPHICAL, RACIAL, AND GENDER MAKEUP. 16
8–7A–05. 17
(A) THE REDISTRICTING COMMISSION CONSISTS O F THE FOLLOWING 10 18
MEMBERS: 19
(1) SUBJECT TO SUBSECTION (B)(3) OF THIS SECTION, TWO MEMBERS 20
APPOINTED BY THE GOVERNOR, SUBJECT TO T HE UNANIMOUS APPROVAL OF THE 21
SENATE EXECUTIVE NOMINATIONS COMMITTEE AND THE HOUSE RULES AND 22
EXECUTIVE NOMINATIONS COMMITTEE; 23
(2) THE PRESIDENT OF THE SENATE; 24
(3) THE SPEAKER OF THE HOUSE; 25
(4) THE MINORITY LEADER OF THE SENATE; 26
(5) THE MINORITY LEADER OF THE HOUSE OF DELEGATES; 27
(6) ONE MEMBER APPOINTED BY THE PRESIDENT OF THE SENATE; 28
14 SENATE BILL 104
(7) ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE; 1
(8) ONE MEMBER APPOINTED BY THE MINORITY LEAD ER OF THE 2
SENATE; AND 3
(9) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF T HE 4
HOUSE OF DELEGATES. 5
(B) (1) AN APPOINTED MEMBER O F THE REDISTRICTING COMMISSION 6
MUST BE A REGISTERED VOTER WHO , FOR AT LEAST 3 YEARS IMMEDIATELY 7
PRECEDING THE DATE T HAT THE REDISTRICTING COMMISSION CONVENES , HAS 8
BEEN: 9
(I) CONTINUOUSLY REGISTERED IN THE STATE WITH THE SAME 10
POLITICAL PARTY; OR 11
(II) CONTINUOUSLY NOT REG ISTERED WITH A PRINC IPAL 12
POLITICAL PARTY. 13
(2) AN APPOINTED MEMBER O F THE REDISTRICTING COMMISSION 14
MAY NOT BE: 15
(I) A REPRESENTATIVE IN CONGRESS ELECTE D FROM THE 16
STATE OR A CANDIDATE FOR THAT OFFICE; 17
(II) A MEMBER OF THE GENERAL ASSEMBLY OR A CANDIDA TE 18
FOR THAT OFFICE; 19
(III) AN ELECTED LOCAL GOV ERNMENT OFFICIAL OR A 20
CANDIDATE FOR AN ELECTED LOCAL GOVERNMENT OFFICE; 21
(IV) AN OFFICER OR EMPLOY EE OF A POLITICAL PARTY OR 22
POLITICAL COMMITTEE; 23
(V) 1. A CONTRACTOR PROVIDI NG PROFESSIONAL 24
SERVICES TO: 25
A. THE GOVERNOR OR A CANDIDATE FOR THAT OFFICE; 26
B. A MEMBER OF THE GENERAL ASSEMBLY OR A 27
CANDIDATE FOR THAT OFFICE; OR 28
C. A REPRESENTATIVE IN CONGRESS ELECTED FROM 29
SENATE BILL 104 15
THE STATE OR A CANDIDATE FOR THAT OFFICE; OR 1
2. A CURRENT OR FORMER EMPLOYEE OF OR A 2
CONSULTANT TO AN INDIVIDUAL DESCRIBED IN ITEM 1 OF THIS ITEM; 3
(VI) AN IMMEDIATE FAMILY MEMBER OF THE GOVERNOR OR OF 4
AN INDIVIDUAL DESCRIBED IN ITEM (I), (II), (III), OR (IV) OF THIS PARAGRAPH; 5
(VII) A STAFF MEMBER OF: 6
1. THE GOVERNOR OR A CANDIDATE FOR THAT OFFICE; 7
2. A MEMBER OF THE GENERAL ASSEMBLY OR A 8
CANDIDATE FOR THAT OFFICE; 9
3. A REPRESENTATIVE IN CONGRESS E LECTED FROM 10
THE STATE OR A CANDIDATE FOR THAT OFFICE; OR 11
4. AN ELECTED LOCAL GOV ERNMENT OFFICIAL OR A 12
CANDIDATE FOR AN ELECTED LOCAL GOVERNMENT OFFICE; OR 13
(VIII) A CURRENT OR FORMER REGISTERED LOBBYIST. 14
(3) TO BE APPOINTED UNDER SUBSECTION (A)(1) OF THIS SECTION, 15
AN INDIVIDUAL MAY NOT BE AT THE TIME OF APPOINTMENT OR HAVE BEEN WITHIN 16
THE IMMEDIATELY PRECEDING 10 YEARS, AN EMPLOYEE OF: 17
(I) THE GOVERNOR’S OFFICE; 18
(II) THE GENERAL ASSEMBLY; OR 19
(III) AN OFFICE OF STATE GOVERNMENT. 20
(C) (1) THE TERM OF A MEMBER OF THE REDISTRICTING COMMISSION 21
EXPIRES ON FEBRUARY 28 EACH YEAR ENDING IN THE NUMERAL 1. 22
(2) A MEMBER OF THE REDISTRICTING COMMISSION IS NOT 23
ELIGIBLE TO SERVE A SUBSEQUENT TERM ON A REDISTRICTING COMMISSION. 24
(D) EACH MEMBER OF THE REDISTRICTING COMMISSION SHALL: 25
(1) APPLY THE PROVISIONS OF THIS SUBTITLE IN A MANNER THAT IS 26
IMPARTIAL AND THAT REINFORCES PUBLIC CONFIDENCE IN THE INTEGRITY OF THE 27
16 SENATE BILL 104
REDISTRICTING PROCESS; AND 1
(2) BE INELIGIBLE FOR A PERIOD OF 5 YEARS BEGINNING FROM THE 2
DATE THAT THE REDISTRICTING COMMISSION CONVENES TO: 3
(I) HOLD APPOINTIVE FEDE RAL, STATE, OR LOCAL PUBLIC 4
OFFICE; 5
(II) SERVE AS PAID STAFF FOR THE GENERAL ASSEMBLY OR 6
ANY INDIVIDUAL MEMBER; OR 7
(III) REGISTER AS A STATE, COUNTY, OR MUNICIPAL LOBBYIST 8
IN THE STATE. 9
(E) A MEMBER OF THE REDISTRICTING COMMISSION: 10
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 11
REDISTRICTING COMMISSION; BUT 12
(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 13
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. 14
8–7A–06. 15
(A) (1) SEVEN MEMBERS OF THE REDISTRICTING COMMISSION ARE A 16
QUORUM. 17
(2) SEVEN OR MORE AFFIRMA TIVE VOTES OF THE ME MBERS ARE 18
REQUIRED FOR ANY OFF ICIAL ACTION OF THE REDISTRICTING COMMISSION, 19
INCLUDING APPROVAL OF: 20
(I) ANY PLAN FOR LEGISLA TIVE DISTRICTS OR 21
CONGRESSIONAL DISTRICTS ADOPTED BY THE REDISTRICTING COMMISSION; AND 22
(II) ANY CHANGES TO AN APPROVED PLAN. 23
(B) FROM AMONG ITS MEMBERS, THE REDISTRICTING COMMISSION SHALL 24
ELECT ONE MEMBER TO SERVE AS CHAIR. 25
(C) (1) THE REDISTRICTING COMMISSION MAY HIRE STAFF, ATTORNEYS, 26
AND CONSULTANTS IN ACCORDANCE WITH THE STATE BUDGET. 27
(2) EMPLOYEES OF THE REDISTRICTING COMMISSION SHALL BE 28
SENATE BILL 104 17
INDEPENDENT OF THE STATE PERSONNEL MANAGEMENT SYSTEM. 1
(D) A FINDING OF A POSSIBLE CRIMINAL VIOLATION BY A MEMBE R OR AN 2
EMPLOYEE OF THE REDISTRICTING COMMISSION MAY RESULT IN REFERRAL TO THE 3
STATE PROSECUTOR FOR CRIMINAL PROSECUTION. 4
8–7A–07. 5
(A) THE REDISTRICTING COMMISSION SHALL: 6
(1) CONDUCT A PROCESS TH AT IS OPEN AND TRANSPARENT TO 7
ENABLE FULL PUBLIC CONSIDERATION OF AND COMMENT ON THE ESTABLISHMENT 8
OF LEGISLATIVE DISTRICTS AND CONGRESSIONAL DISTRICTS; 9
(2) ESTABLISH LEGISLATIV E DISTRICTS AND CONG RESSIONAL 10
DISTRICTS ACCORDING TO THE REDISTRICTING STANDARDS SET FORTH IN THIS 11
SUBTITLE AND ARTICLE III, §§ 3 AND 4 AND ARTICLE XXI, § 1 OF THE MARYLAND 12
CONSTITUTION; AND 13
(3) CONDUCT BUSINESS WITH INTEGRITY AND FAIRNESS. 14
(B) THE ACTIVITIES OF THE REDISTRICTING COMMISSION ARE SUBJECT TO 15
THE OPEN MEETINGS ACT AND THE MARYLAND PUBLIC INFORMATION ACT. 16
(C) (1) THE REDISTRICTING COMMISSION SHALL ESTA BLISH AND 17
IMPLEMENT A HEARING PROCESS THAT IS OPEN TO THE PUBLIC FOR PUBLIC INPUT 18
AND DELIBERATION THAT IS: 19
(I) SUBJECT TO PUBLIC NOTICE; AND 20
(II) DESIGNED TO ENCOURAG E C ITIZEN OUTREACH AND TO 21
SOLICIT BROAD PUBLIC PARTICIPATION IN THE REDISTRICTING PROCESS. 22
(2) (I) THE HEARING PROCESS ESTABLISHED UNDER PARAGRAPH 23
(1) OF THIS SUBSECTION SHALL INCLUDE THE SCHEDULING OF HEARINGS: 24
1. TO RECEIVE PUBLIC IN PUT BEFORE THE 25
CONSIDERATION OF ANY PLAN BY THE REDISTRICTING COMMISSION; AND 26
2. FOLLOWING THE PROPOS AL OF A PLAN BY THE 27
REDISTRICTING COMMISSION. 28
(II) HEARINGS MAY BE SUPPL EMENTED WITH OTHER 29
18 SENATE BILL 104
ACTIVITIES AS DETERM INED APPROPRIATE BY THE REDISTRICTING COMMISSION 1
TO FURTHER INCREASE O PPORTUNITIES FOR THE PUBLIC TO OBSERVE AN D 2
PARTICIPATE IN THE REDISTRICTING PROCESS. 3
(D) (1) THE REDISTRICTING COMMISSION SHALL ENSU RE THAT THE 4
PROPOSED PLANS ARE READILY ACCESSIBLE TO THE PUBLIC. 5
(2) BEFORE ADOPTING A PLA N, THE REDISTRICTING COMMISSION 6
SHALL ALLOW 14 DAYS FOR THE PUBLIC TO PROVIDE WRITTEN COMMENT. 7
(E) THE REDISTRICTING COMMISSION SHALL TAKE ALL STEPS NECESSARY 8
TO ENSURE THAT A COM PLETE AND ACCURATE C OMPUTERIZED POPULATI ON 9
DATABASE IS AVAILABL E FOR REDISTRICTING AND THAT PROCEDURES A RE IN 10
PLACE TO PROVIDE THE PUBLIC READY ACCESS TO REDISTRICTING DAT A AND 11
COMPUTER SOFTWARE FOR DRAWING MAPS. 12
8–7A–08. 13
(A) (1) IN THE YEAR FOLLOWING EACH DECENNIAL CENSU S OF THE 14
UNITED STATES, OR WHEN OTHERWISE RE QUIRED BY LAW , THE REDISTRICTING 15
COMMISSION SHALL ADOP T A PLAN TO ESTABLIS H LEGISLATIVE DISTRI CTS AND 16
CONGRESSIONAL DISTRI CTS IN CONFORMANCE W ITH THE STANDARDS AN D 17
PROCESSES SET FORTH IN THIS SUBTITLE AND THE MARYLAND CONSTITUTION. 18
(2) ON OR BEFORE OCTOBER 1 EACH YEAR ENDING IN THE NUMERAL 19
1, THE REDISTRICTING COMMISSION SHALL APPROVE TWO PLANS: 20
(I) ONE PLAN SHALL DESCR IBE THE DISTRICT BOU NDARY 21
LINES FOR THE ELECTI ON OF MEMBERS OF THE SENATE AND HOUSE OF 22
DELEGATES; AND 23
(II) ONE PLAN SHALL DESCR IBE THE DISTRICT BOU NDARY 24
LINES FOR THE STATE’S REPRESENTATIVES IN CONGRESS. 25
(B) LEGISLATIVE DISTRICTS SHALL BE NUMBERED CO NSECUTIVELY 26
COMMENCING AT THE NO RTHWESTERN BOUNDARY OF THE STATE AND ENDING AT 27
THE SOUTHEASTERN BOUNDARY OF THE STATE. 28
(C) THE REDISTRICTING COMMISSION SHALL ISSUE WITH EACH PLAN: 29
(1) MAPS SHOWING THE LEG ISLATIVE DISTRICTS A ND THE 30
CONGRESSIONAL DISTRICTS; AND 31
SENATE BILL 104 19
(2) A REPORT THAT: 1
(I) EXPLAINS THE BASIS O N WHICH THE REDISTRICTING 2
COMMISSION MADE ITS D ECISIONS TO ACHIEVE COMPLIANCE WITH THE CRITERIA 3
SPECIFIED UNDER THIS SUBTITLE; AND 4
(II) INCLUDES DEFINITIONS OF THE TERMS AND STA NDARDS 5
USED IN DRAWING EACH PLAN. 6
(D) ON ADOPTION OF A PLAN, THE REDISTRICTING COMMISSION SHALL: 7
(1) CERTIFY THAT THE PLA N IS THE PLAN ADOPTE D BY THE 8
REDISTRICTING COMMISSION; AND 9
(2) SEND THE CERTIFIED PLAN TO THE PRESIDING OFFICERS OF THE 10
GENERAL ASSEMBLY. 11
(E) ON RECEIPT OF A CERTI FIED PLAN SENT UNDER SUBSECTION (D) OF 12
THIS SECTION , THE PRESIDING OFFICE RS SHALL PREPARE THE PLAN FOR 13
CONSIDERATION BY THE GENERAL ASSEMBLY AS PROVIDED IN ARTICLE XXI, § 2 OF 14
THE MARYLAND CONSTITUTION. 15
(F) EXCEPT AS PROVIDED IN THIS SUBTITLE OR ARTICLE XXI, § 2 OF THE 16
MARYLAND CONSTITUTION, A PLAN CONSIDERED BY THE GENERAL ASSEMBLY 17
SHALL BE TREATED IN THE SAME MANNER AS A BILL FOR P URPOSES OF 18
PUBLICATION, CODIFICATION, NOTIFICATION, AND DISTRIBUTION. 19
8–7A–09. 20
(A) THE REDISTRICTING COMMISSION SHALL PETI TION THE SUPREME 21
COURT OF MARYLAND TO ESTABLISH LEGISLATIVE DISTRICTS OR CONGRESSIONAL 22
DISTRICTS ACCORDING TO THE STANDARDS SET FORTH IN THIS SUBTITLE AND 23
ARTICLE III, §§ 3 AND 4 AND ARTICLE XX OF THE MARYLAND CONSTITUTION IF: 24
(1) THE REDISTRICTING COMMISSION FAILS TO ADOPT AND CERTIFY 25
A PLAN UNDER THIS SUBTITLE; OR 26
(2) A PLAN IS NOT ENACTED IN ACCORDANCE WITH ARTICLE XXI, § 2 27
OF THE MARYLAND CONSTITUTION. 28
(B) THE REDISTRICTING COMMISSION SHALL REPR ESENT THE STATE 29
REGARDING ANY PETITI ON SEEKING A REVIEW OF A CERTIFIED PLAN OR A LAW 30
ENACTED ESTABLISHING LEGISLATIVE DISTRICTS OR CONGRESSIONAL D ISTRICTS 31
20 SENATE BILL 104
UNDER ARTICLE XXI, § 2 OF THE MARYLAND CONSTITUTION. 1
(C) IN ANY CASE BROUGHT IN A FEDERAL COURT TO REVIEW A PLAN, IF THE 2
REDISTRICTING COMMISSION IS NOT A P ARTY TO THE CASE , THE REDISTRICTING 3
COMMISSION SHALL MOVE TO INTERVENE IN THE CASE ON BEHALF OF THE STATE. 4
8–7A–10. 5
(A) THE SUPREME COURT OF MARYLAND SHALL HAVE O RIGINAL 6
JURISDICTION TO ESTA BLISH LEGISLATIVE DI STRICTS AND CONGRESS IONAL 7
DISTRICTS ACCORDING TO THE STANDARDS SET FORTH IN THIS SUBTIT LE AND 8
ARTICLE III, §§ 3 AND 4 AND ARTICLE XXI OF THE MARYLAND CONSTITUTION IF: 9
(1) THE REDISTRICTING COMMISSION FAILS TO A PPROVE A PLAN 10
UNDER THIS SUBTITLE; 11
(2) A PLAN IS NOT ENACTE D UNDER ARTICLE XXI, § 2 OF THE 12
MARYLAND CONSTITUTION; OR 13
(3) A REGISTERED VOTER FILES A PETITION UNDER SUBSECTION (B) 14
OF THIS SECTION. 15
(B) (1) ON THE ENACTMENT OF A LEGISLATIVE DISTRICT PLAN OR A 16
CONGRESSIONAL DISTRICT PLAN, ANY REGISTERED VOTER IN THE STATE MAY FILE 17
A PETITION WITH THE SUPREME COURT OF MARYLAND TO BAR THE P LAN FROM 18
TAKING EFFECT ON THE GROUNDS THAT THE PLA N VIOLATES THE MARYLAND 19
CONSTITUTION, THE UNITED STATES CONSTITUTION, OR A FEDERAL OR STATE 20
STATUTE. 21
(2) THE REDISTRICTING COMMISSION SHALL BE THE DEFENDANT IN 22
A PETITION FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 23
(C) SUBJECT TO THE MARYLAND RULES, ANY REGISTERED VOTER OF THE 24
STATE MAY PARTICIPATE IN THE PROCEEDING AS AN AMICUS CURIAE. 25
(D) (1) IF A PETITION IS FILED UNDER SUBSECTION (B) OF THIS SECTION, 26
THE SUPREME COURT OF MARYLAND: 27
(I) SHALL SET DEADLINES FOR THE FILING OF PLEADINGS AND 28
AMICUS CURIAE BRIEFS; AND 29
(II) MAY APPOINT A SPECIA L MASTER TO MAKE 30
RECOMMENDATIONS. 31
SENATE BILL 104 21
(2) A SPECIAL MASTER APPOINTED UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL: 2
(I) HOLD A HEARING; 3
(II) CONSIDER A PLAN APPR OVED BY THE REDISTRICTING 4
COMMISSION, IF ANY; AND 5
(III) MAKE RECOMMENDATIONS TO THE SUPREME COURT OF 6
MARYLAND. 7
(3) WITHIN THE TIME PERIO D ESTABLISHED BY THE SUPREME 8
COURT OF MARYLAND UNDER PARAGRAPH (1) OF THIS SUBSECTION, A PARTY MAY 9
FILE EXCEPTIONS TO THE RECOMMENDATIONS OF THE SPECIAL MASTER. 10
(4) BEFORE ORDERING ANY RELI EF, THE SUPREME COURT OF 11
MARYLAND SHALL: 12
(I) HOLD A HEARING; 13
(II) CONSIDER A PLAN APPR OVED BY THE REDISTRICTING 14
COMMISSION, IF ANY; AND 15
(III) CONSIDER ANY RECOMMENDATIONS OF A SPECIAL MASTER. 16
(E) (1) THE SUPREME COURT OF MARYLAND MAY ORDER AN Y RELIEF 17
CONSIDERED APPROPRIATE. 18
(2) IN ORDERING RELIEF: 19
(I) IF THE REDISTRICTING COMMISSION ADOPTED AN D 20
CERTIFIED A PLAN, THE SUPREME COURT OF MARYLAND MAY APPROVE, MODIFY, 21
OR ADOPT A NEW PLAN; OR 22
(II) IF THE REDISTRICTING COMMISSION HAS NOT AD OPTED 23
AND CERTIFIED A PLAN , THE SUPREME COURT OF MARYLAND SHALL ESTABL ISH 24
LEGISLATIVE DISTRICT S AND CONGRESSIONAL DISTRICTS ACCORDING TO THE 25
STANDARDS SET FORTH IN THIS SUBTITLE AND ARTICLE III, §§ 3 AND 4 AND 26
ARTICLE XXI OF THE MARYLAND CONSTITUTION. 27
(F) THE SUPREME COURT OF MARYLAND SHALL GIVE PRIORITY TO RULING 28
ON A PETITION FILED UNDER THIS SECTION. 29
22 SENATE BILL 104
8–7A–11. 1
THE GOVERNOR SHALL INCLUD E FUNDS IN THE STATE BUDGET TO CARRY 2
OUT THE PROVISIONS O F THIS SUBTITLE , INCLUDING THE COSTS OF ANY 3
LITIGATION. 4
SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 5
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 6
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 7
Constitution concerning local approval of constitutional amendments do not apply. 8
SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the 9
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 10
voters of the State at the next general election to be held in November 2026 for adoption or 11
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 12
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 13
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 14
the Constitutional Amendment”, as now provided by law. Immediately after the election, 15
all returns shall be made to the Governor of the vote for and against the proposed 16
amendment, as directed by Article XIV of the Maryland Constitution, and further 17
proceedings had in accordance with Article XIV. 18
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 19
contingent on the passage of Section 1 of this A ct, a constitutional amendment, and its 20
ratification by the voters of the State. 21
SECTION 6. AND BE IT FURTHER ENACTED, That, subject to Section 5 of this 22
Act, Section 2 of this Act shall take effect on the proclamation of the Governor that the 23
constitutional amendment, having received a majority of the votes cast at the general 24
election, has been adopted by the people of Maryland. 25