Voting Rights Act of 2026 - Counties and Municipal Corporations

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0255*

SENATE BILL 255
G1 EMERGENCY BILL (6lr1322)
ENROLLED BILL
— Education, Energy, and the Environment/Government, Labor, and Elections —
Introduced by Senator Sydnor Senators Sydnor and Harris

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, fo r his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________
President.

CHAPTER ______

AN ACT concerning 1

Voting Rights Act of 2026 – Counties and Municipal Corporations 2

FOR the purpose of prohibiting the imposition or application 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 rights 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
2 SENATE BILL 255

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Election Law 3

TITLE 15.7. VOTING RIGHTS – COUNTIES AND MUNICIPAL CORPORATIONS. 4

15.7–101. 5

(A) IN THIS TITLE THE FOL LOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7

(B) “POLARIZED VOTING ” MEANS VOTING IN WHIC H THERE IS A 8
DIFFERENCE IN THE CHOICE OF CANDIDATES OR OTHER ELECTORAL CHOICES THAT 9
ARE PREFERRED BY VOT ERS IN A PROTECTED C LASS AND IN THE CHOI CE OF 10
CANDIDATES AND ELECTORAL CHOICES THAT ARE PREFERRED BY ANOTHER CLASS 11
OR SET OF CLASSES. 12

(C) “PROTECTED CLASS” MEANS A CLASS OF VOT ERS WHO ARE MEMBERS 13
OF A RACE, COLOR, OR LANGUAGE MINORITY GROUP OR A CLASS OF TWO OR MORE 14
OF THOSE GROUPS. 15

15.7–102. 16

(A) THIS TITLE APPLIES ONLY TO ELECTIONS IN A COUNTY OR MUNICIPAL 17
CORPORATION. 18

(B) THIS TITLE DOES NOT APPLY TO STATEWIDE ELECTIONS. 19

15.7–103. 20

(A) A METHOD FOR ELECTING THE GOVERNING BODY O F A COUNTY OR 21
MUNICIPAL CORPORATION MAY NOT BE IMPOSED O R APPLIED IN A MANNE R THAT 22
IMPAIRS THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT CANDIDATES 23
OF THE MEMBERS ’ CHOICE OR THE MEMBER S’ ABILITY TO INFLUENCE THE 24
OUTCOME OF AN ELECTION AS A RESULT OF TH E DILUTION OR THE AB RIDGEMENT 25
OF THE RIGHTS OF VOTERS WHO ARE MEMBERS OF A PROTECTED CLASS. 26

(B) A VIOLATION OF SUBSECTION (A) OF THIS SECTION IS ESTABLISHED IF: 27

(1) ELECTIONS IN A COUNT Y OR MUNICIPAL CORPO RATION EXHIBIT 28
POLARIZED VOTING; AND 29

SENATE BILL 255 3

(2) THE METHOD OF ELECTI ON DILUTES OR ABRIDG ES THE VOTING 1
STRENGTH OF MEMBERS OF A PROTECTED CLA SS TO ELECT A CANDID ATE OF THE 2
MEMBERS’ CHOICE OR THE MEMBERS’ ABILITY TO INFLUENCE THE OUTCOME OF AN 3
ELECTION, AS DEMONSTRATED BY T HE EXISTENCE OF ONE OR MORE METHODS OF 4
ELECTION THAT COULD BE CONSTITUTIONALLY ADOPTED THAT WOULD L IKELY 5
MITIGATE THE DILUTION. 6

15.7–104. 7

(A) TO DETERMINE WHETHER THERE IS POLARIZED V OTING UNDER § 8
15.7–103(B)(1) OF THIS TITLE, THE COURT SHALL CONSIDER: 9

(1) THE METHODOLOGIES FO R ESTIMATING GROUP V OTING 10
BEHAVIOR, AS APPROVED IN FEDER AL CASE LAW , TO ENFORCE THE FEDER AL 11
VOTING RIGHTS ACT OF 1965; 12

(2) ELECTIONS OF THE GOV ERNING BODY OF THE C OUNTY OR 13
MUNICIPAL CORPORATION; 14

(3) BALLOT QUESTION ELECTIONS; 15

(4) ELECTIONS IN WHICH AT LEAST ONE CANDIDATE IS A MEMBER OF 16
A PROTECTED CLASS; AND 17

(5) OTHER ELECTORAL CHOI CES THAT AFFECT THE R IGHTS AND 18
PRIVILEGES OF MEMBERS OF A PROTECTED CLASS. 19

(B) (1) ELECTIONS THAT ARE CO NDUCTED BEFORE THE F ILING OF AN 20
ACTION TO ENFORCE § 15.7–103(A) OF THIS TITLE ARE MO RE PROBATIVE TO 21
ESTABLISH THE EXISTENCE OF POLARIZED VOT ING THAN ELECTIONS CONDUCTED 22
AFTER THE FILING OF AN ACTION. 23

(2) THE FOLLOWING MAY NOT PR ECLUDE A FINDING OF POLARIZED 24
VOTING THAT RESULTS IN AN UNEQUAL OPPORTUNITY FOR A PROTECTED CLASS TO 25
ELECT CANDIDATES OF THE MEMBERS’ CHOICE: 26

(I) THE ELECTION OF CANDIDAT ES WHO ARE MEMBERS O F A 27
PROTECTED CLASS AND WHO WERE ELECTED BEFORE THE FILING OF AN ACTION TO 28
ENFORCE § 15.7–103(A) OF THIS TITLE; 29

(II) NONQUANTITATIVE OR NONSTATISTICAL EVIDENCE; OR 30

(III) LOW VOTER TURNOUT OR VOTER REGISTRATION R ATES 31
AMONG MEMBERS OF THE PROTECTED CLASS. 32
4 SENATE BILL 255

(3) TO ESTABLISH THE EXIS TENCE OF POLARIZED V OTING, THE 1
COURT MAY NOT BE REQUIRED TO: 2

(I) USE A SET NUMBER OR COMBINATION OF ELECTIONS; OR 3

(II) CONSIDER THE CAUSES OF OR REASONS FOR PO LARIZED 4
VOTING, INCLUDING PARTISAN EXPLANATIONS OR DISCRIMINATORY INTENT. 5

(C) THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT 6
GEOGRAPHICALLY COMPACT OR CONCENTRATED MAY NOT PRECLUDE A FINDING OF 7
POLARIZED VOTING OR A VIOLATION OF § 15.7–103(A) OF THIS TITLE , BUT IT MAY 8
BE A FACTOR THAT IS CONSIDERED IN DETERMINING AN APPROPRIATE REMEDY. 9

15.7–105. 10

IN DETERMINING WHETHER A VIOLATION OF § 15.7–103(A) OF THIS TITLE HAS 11
OCCURRED WITH RESPEC T TO A PROTECTED CLA SS, THE COURT MAY CONSID ER 12
EVIDENCE RELEVANT TO WHETHER PROTECTED CLASS MEMBERS ARE VULNERABLE 13
TO OR OTHERWISE AT RISK OF VOTING DISCRIMINATION, INCLUDING: 14

(1) THE HISTORY AND EFFE CTS OF DISCRIMINATIO N AGAINST THE 15
PROTECTED CLASS; AND 16

(2) THE EXTENT TO WHICH PROTECTED CLASS MEMBERS ENCOUNTER 17
BARRIERS, DISPARITIES, OR HOSTILITY REGARDI NG POLITICAL PARTICI PATION 18
AND CIVIC LIFE. 19

15.7–106. 20

(A) THE OFFICE OF THE ATTORNEY GENERAL AND ANY OTHER PERSON MAY 21
BRING AN ACTION TO E NFORCE § 15.7–103 OF THIS TITLE IN THE COUNTY WHERE 22
THE VIOLATION ALLEGE DLY OCCURRED FOR INJUNCTIVE RELIEF , DAMAGES, OR 23
OTHER RELIEF. 24

(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF THE COURT 25
FINDS A VIOLATION OF THIS TITLE, THE COURT SHALL HAVE BROAD AUTHORITY TO 26
ORDER APPROPRIATE REMEDIES THAT ARE TAILORED TO ADDRESS THE VIOLATION. 27

(2) A COURT MAY NOT ORDER THE ADOPTION OF A ME THOD OF 28
ELECTION THAT IS INC ONSISTENT WITH THE M ETHODS OF ELECTION I N USE IN 29
COUNTIES IN THE STATE WITHOUT THE CONSENT OF THE RELEVANT JURISDICTION. 30

SENATE BILL 255 5

(C) (1) THE COURT SHALL CONSI DER REMEDIES PROPOSE D BY A NY 1
PARTIES TO THE ACTION OR INTERESTED PARTIES. 2

(2) THE COURT MAY NOT GIV E DEFERENCE OR PRIOR ITY TO A 3
PROPOSED REMEDY BECA USE IT IS PROPOSED B Y A COUNTY OR MUNICI PAL 4
CORPORATION. 5

(D) A COURT MAY GRANT PREL IMINARY RELIEF REQUE STED UNDER THIS 6
SECTION REGARDING AN UPCOMING ELECTION IF THE COURT DETERMINES: 7

(1) THAT THE PARTY IS MORE LIKELY THAN NOT TO SUCCEED ON THE 8
MERITS; AND 9

(2) IT IS POSSIBLE TO IM PLEMENT AN APPROPRIA TE REMEDY THAT 10
WOULD RESOLVE THE VI OLATION ALLEGED UNDE R THIS SECTION BEFOR E TH E 11
ELECTION. 12

15.7–107. 13

(A) IN AN ACTION TO ENFOR CE THIS TITLE , THE COURT MAY AWARD 14
REASONABLE ATTORNEY ’S FEES AND LITIGATIO N COSTS , INCLUDING EXPERT 15
WITNESS FEES AND EXP ENSES TO A PRIVATE P LAINTIFF THAT PREVAILED IN TH E 16
ACTION. 17

(B) A PRIVATE PLAINTIFF WILL BE DEEMED TO HA VE PREVAILED IN AN 18
ACTION WHEN , AS A RESULT OF THE A CTION, THE COUNTY OR MUNICI PAL 19
CORPORATION YIELDS SOME OR ALL OF THE RELIEF SOUGHT IN THE ACTION. 20

SECTION 2. AND BE IT FURTHER ENACTED, That, if a court issues a holding 21
that affects the application of a provision of this Act, the ruling does not affect other 22
provisions or any other application of this Act that can be given effect without the affected 23
provision or application, and for this purpose the provisions of this Act are declared 24
severable. 25

SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 26
measure, is necessary for the immediate preservation of the public health or safety, ha s 27
been passed by a yea and nay vote supported by three –fifths of all the members elected to 28
each of the two Houses of the General Assembly, and shall take effect from the date it is 29
enacted. 30