SB 2102

SENATE BILL 2102
     G1  CONSTITUTIONAL AMENDMENT  6lr3745
     By: Senators Hershey, Bailey, Carozza, Corderman, Folden, Gallion, Jennings,
  Mautz, McKay, Ready, Salling, Simonaire, and West
     Introduced and read first time: August 3, 2026
     Assigned to: Rules
  A BILL ENTITLED
1 AN ACT concerning
2 Legislative and Congressional Redistricting and Legislative and Congressional
3Redistricting and Apportionment Commission
4(Fair Districts for Maryland Act)
5 FOR the purpose of requiring single–member delegate districts; altering certain standards
6      for the drawing of legislative districts; establishing standards for the drawing of
7      congressional districts; establishing the Legislative and Congressional Redistricting
8      and Apportionment Commission as an independent unit of State government to
9      divide the State into certain legislative districts and congressional districts subject
10      to certain requirements and procedures; providing that the Supreme Court of
11      Maryland has original jurisdiction to establish a certain plan or consider a certain
12      petition under certain circumstances; altering the cases with respect to which the
13      Attorney General has the authority to prosecute and defend the State; requiring the
14      Redistricting Commission to petition the Supreme Court of Maryland to establish
15      certain plans under certain circumstances; requiring the Redistricting Commission
16      to represent the State in certain judicial proceedings; requiring the Redistricting
17      Commission to intervene in certain cases on behalf of the State; and generally
18      relating to legislative and congressional redistricting and apportionment.
19 BY proposing an amendment to the Maryland Constitution
20Article III – Legislative Department
21Section 3 and 4
22 BY proposing a repeal of the Maryland Constitution
23Article III – Legislative Department
24Section 5
25 BY proposing an amendment to the Maryland Constitution
26Article IV – Judiciary Department
27Section 14
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *sb2102*
2SENATE BILL 2102
1 BY proposing an amendment to the Maryland Constitution
2Article V – Attorney–General and State’s Attorneys
3Section 3
4 BY proposing an addition to the Maryland Constitution
5New Article XXI – Legislative and Congressional Redistricting and Apportionment
6Section 1 and 2
7 BY repealing and reenacting, without amendments,
8Article – Election Law
9Section 1–101(a), (dd), (hh), (jj), and (kk)
10Annotated 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.
15Legislative and Congressional Redistricting and Apportionment Commission”
16      Annotated Code of Maryland
17      (2022 Replacement Volume and 2025 Supplement)
18SECTION 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:
21Article III – Legislative Department
22 3.
23The 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 more 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.
32Each 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(1)    SHALL RESPECT NATURAL BOUNDARIES AND THE GEOGRAPHIC
  SENATE BILL 2102  3
1 INTEGRITY AND CONTINUITY OF MUNICIPAL CORPORATIONS, COUNTIES, AND
2 OTHER POLITICAL SUBDIVISIONS TO THE EXTENT PRACTICABLE;
3(2)
  SHALL BE GEOGRAPHICALLY CONTIGUOUS AND COMPACT 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 HOW 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 THE DOMICILE OR RESIDENCE OF ANY
10 INDIVIDUAL, INCLUDING AN INCUMBENT OFFICEHOLDER OR A POTENTIAL
11 CANDIDATE FOR OFFICE.
12 [5.
13Following 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.
16The 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 regular 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 regular 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.
30Upon 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.]
35Article IV – Judiciary Department
4SENATE BILL 2102
1 14.
2The Supreme Court of Maryland shall be composed of seven justices, one from the
3 First Appellate Judicial Circuit consisting of Caroline, Cecil, Dorchester, Kent, Queen
4 Anne’s, Somerset, Talbot, Wicomico, and Worcester Counties; one from the Second
5 Appellate Judicial Circuit consisting of Baltimore and Harford Counties; one from the Third
6 Appellate Judicial Circuit, consisting of Allegany, Carroll, Frederick, Garrett, Howard, and
7 Washington Counties; one from the Fourth Appellate Judicial Circuit, consisting of Prince
8 George’s County; one from the Fifth Appellate Judicial Circuit, consisting of Anne Arundel,
9 Calvert, Charles, and St. Mary’s Counties; one from the Sixth Appellate Judicial Circuit,
10 consisting of Baltimore City; and one from the Seventh Appellate Judicial Circuit,
11 consisting of Montgomery County. The Justices of the Supreme Court of Maryland shall be
12 residents of their respective Appellate Judicial Circuits. The term of each Justice of the
13 Supreme Court of Maryland shall begin on the date of the Justice’s qualification. One of
14 the Justices of the Supreme Court of Maryland shall be designated by the Governor as the
15 Chief Justice. The jurisdiction of the Supreme Court of Maryland shall be co–extensive with
16 the limits of the State and such as now is or may hereafter be prescribed by law.
17 EXCLUSIVE AMONG THE STATE COURTS, THE SUPREME COURT OF MARYLAND
18 SHALL HAVE ORIGINAL JURISDICTION: (1) TO ESTABLISH THE LEGISLATIVE
19 DISTRICT PLAN AND THE CONGRESSIONAL DISTRICT PLAN IN THE EVENT THAT A
20 PLAN IS NOT ENACTED UNDER ARTICLE XXI, SECTION 2 OF THIS CONSTITUTION;
21 AND (2) TO CONSIDER A PETITION SEEKING REVIEW OF THE LEGALITY OF A PLAN TO
22 ESTABLISH LEGISLATIVE OR CONGRESSIONAL DISTRICTS ENACTED UNDER
23 ARTICLE XXI, SECTION 2 OF THIS CONSTITUTION. It shall hold its sessions in the City
24 of Annapolis at such time or times as it shall from time to time by rule prescribe. Its session
25 or sessions shall continue not less than ten months in each year, if the business before it
26 shall so require, and it shall be competent for the justices temporarily to transfer their
27 sittings elsewhere upon sufficient cause. The salary of each Justice of the Supreme Court
28 of Maryland shall be that now or hereafter prescribed by the General Assembly and shall
29 not be diminished during the Justice’s continuance in office. Five of the justices shall
30 constitute a quorum, and five justices shall sit in each case unless the Supreme Court of
31 Maryland shall direct that an additional justice or justices sit for any case. The concurrence
32 of a majority of those sitting shall be sufficient for the decision of any cause, and an equal
33 division of those sitting in a case has the effect of affirming the decision appealed from if
34 there is no application for reargument as hereinafter provided. In any case where there is
35 an equal division or a three to two division of the Supreme Court of Maryland a reargument
36 before the full Court of seven justices shall be granted to the losing party upon application
37 as a matter of right.
38Article V – Attorney–General and State’s Attorneys
39 3.
40(a)    The Attorney General shall:
41(1)     [Prosecute] EXCEPT FOR PROCEEDINGS TO ESTABLISH THE
  SENATE BILL 2102  5
1 LEGISLATIVE DISTRICT PLAN AND THE CONGRESSIONAL DISTRICT PLAN IN THE
2 EVENT THAT A PLAN IS NOT ENACTED UNDER ARTICLE XXI, SECTION 2 OF THIS
3 CONSTITUTION OR A PETITION SEEKING REVIEW OF THE LEGALITY OF A PLAN TO
4 ESTABLISH LEGISLATIVE DISTRICTS OR CONGRESSIONAL DISTRICTS ENACTED
5 UNDER ARTICLE XXI, SECTION 2 OF THIS CONSTITUTION, PROSECUTE and defend
6 on the part of the State all cases pending in the appellate courts of the State, in the Supreme
7 Court of the United States or the inferior Federal Courts, by or against the State, or in
8 which the State may be interested, except those criminal appeals otherwise prescribed by
9 the General Assembly.
10(2)   Investigate, commence, and prosecute or defend any civil or criminal
11 suit or action or category of such suits or actions in any of the Federal Courts or in any
12 Court of this State, or before administrative agencies and quasi legislative bodies, on the
13 part of the State or in which the State may be interested, which the General Assembly by
14 law or joint resolution, or the Governor, shall have directed or shall direct to be
15 investigated, commenced and prosecuted or defended.
16(3)   When required by the General Assembly by law or joint resolution, or
17 by the Governor, aid any State’s Attorney or other authorized prosecuting officer in
18 investigating, commencing, and prosecuting any criminal suit or action or category of such
19 suits or actions brought by the State in any Court of this State.
20(4)   Give his opinion in writing whenever required by the General Assembly
21 or either branch thereof, the Governor, the Comptroller, the Treasurer or any State’s
22 Attorney on any legal matter or subject.
23(b)   The Attorney General shall have and perform any other duties and possess
24 any other powers, and appoint the number of deputies or assistants, as the General
25 Assembly from time to time may prescribe by law.
26(c)    The Attorney General shall receive for his services the annual salary as the
27 General Assembly from time to time may prescribe by law, but he may not receive any fees,
28 perquisites or rewards whatever, in addition to his salary, for the performance of any
29 official duty.
30(d)   The Governor may not employ any additional counsel, in any case whatever,
31 unless authorized by the General Assembly.
32      ARTICLE XXI – LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND
33APPORTIONMENT
34 1.
35EACH CONGRESSIONAL DISTRICT:
36(1)    SHALL RESPECT NATURAL BOUNDARIES AND THE GEOGRAPHIC
6SENATE BILL 2102
1 INTEGRITY AND CONTINUITY OF MUNICIPAL CORPORATIONS, COUNTIES, AND
2 OTHER POLITICAL SUBDIVISIONS TO THE EXTENT PRACTICABLE;
3(2)SHALL BE GEOGRAPHICALLY CONTIGUOUS AND COMPACT 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 HOW 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 THE DOMICILE OR RESIDENCE OF ANY
10 INDIVIDUAL, INCLUDING AN INCUMBENT OFFICEHOLDER OR A POTENTIAL
11 CANDIDATE FOR OFFICE.
12 2.
13      (A)  IN THIS SECTION, “REDISTRICTING COMMISSION” MEANS THE
14 LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND APPORTIONMENT
15 COMMISSION.
16      (B)   THE PROVISIONS OF THIS SECTION AND ANY LAWS ENACTED TO CARRY
17 OUT THIS SECTION ARE THE EXCLUSIVE MEANS TO ADOPT ANY PLAN TO ALTER
18 LEGISLATIVE DISTRICTS OR CONGRESSIONAL DISTRICTS.
19      (C) (1) THERE IS A LEGISLATIVE AND CONGRESSIONAL REDISTRICTING
20 AND APPORTIONMENT COMMISSION.
21(2) THE REDISTRICTING COMMISSION IS AN INDEPENDENT UNIT OF
22 STATE GOVERNMENT, ESTABLISHED BY LAW, CONSISTING OF MEMBERS WHO ARE
23 IMPARTIAL AND REASONABLY REPRESENTATIVE OF THE STATE’S GEOGRAPHICAL,
24 RACIAL, AND GENDER MAKEUP.
25      (D) IN THE YEAR FOLLOWING EACH DECENNIAL CENSUS OF THE UNITED
26 STATES, THE REDISTRICTING COMMISSION SHALL:
27(1)   DIVIDE THE   STATE INTO CONSECUTIVELY NUMBERED
28 LEGISLATIVE DISTRICTS THAT CONFORM TO ARTICLE III, SECTIONS 2, 3, AND 4 OF
29 THIS CONSTITUTION; AND
30(2) DIVIDE THE STATE INTO AS MANY CONGRESSIONAL DISTRICTS
31 THAT CONFORM TO SECTION 1 OF THIS ARTICLE AS THERE ARE REPRESENTATIVES
32 IN CONGRESS APPORTIONED TO THE STATE.
  SENATE BILL 2102  7
1      (E)   (1)LEGISLATIVE DISTRICTS SHALL BE AS NEARLY EQUAL IN
2 POPULATION AS PRACTICABLE BUT MAY NOT DEVIATE MORE THAN 2% IN
3 POPULATION BETWEEN LEGISLATIVE DISTRICTS.
4(2)EACH DELEGATE DISTRICT SHALL BE AS NEARLY EQUAL IN
5 POPULATION AS PRACTICABLE BUT MAY NOT DEVIATE MORE THAN 2% IN
6 POPULATION BETWEEN THE OTHER DELEGATE DISTRICTS IN THE LEGISLATIVE
7 DISTRICT.
8      (F)   THE REDISTRICTING COMMISSION SHALL:
9(1)ADOPT ONE PLAN FOR LEGISLATIVE DISTRICTS AND ONE PLAN
10 FOR CONGRESSIONAL DISTRICTS;
11(2) CERTIFY THAT EACH PLAN IS THE PLAN ADOPTED BY THE
12 REDISTRICTING COMMISSION; AND
13(3)SEND EACH CERTIFIED PLAN TO THE PRESIDING OFFICERS OF
14 THE GENERAL ASSEMBLY.
15      (G) ON RECEIPT OF THE CERTIFIED LEGISLATIVE DISTRICT PLAN AND THE
16 CERTIFIED CONGRESSIONAL DISTRICT PLAN FROM THE REDISTRICTING
17 COMMISSION, THE PRESIDING OFFICERS SHALL INTRODUCE EACH PLAN
18 SEPARATELY FOR CONSIDERATION BY THE GENERAL ASSEMBLY.
19      (H)   (1) UNLESS THE GOVERNOR FINDS THAT A SPECIAL SESSION IS NOT
20 REQUIRED, THE GOVERNOR SHALL ISSUE A PROCLAMATION CONVENING A SPECIAL
21 SESSION OF THE GENERAL ASSEMBLY TO CONSIDER THE PLANS REQUIRED TO BE
22 INTRODUCED UNDER SUBSECTION (G) OF THIS SECTION.
23(2) DURING A SPECIAL  SESSION   CONVENED   UNDER   THIS
24 SUBSECTION, THE GENERAL ASSEMBLY:
25(I)    SHALL CONSIDER ONLY THE CERTIFIED LEGISLATIVE
26 DISTRICT PLAN AND THE CERTIFIED CONGRESSIONAL DISTRICT PLAN AND ANY
27 AMENDMENTS TO THE PLANS AUTHORIZED UNDER SUBSECTION (N) OF THIS
28 SECTION; AND
29(II)MAY NOT CONSIDER ANY OTHER LEGISLATION, INCLUDING
30 BILLS THAT HAVE BEEN VETOED.
31      (I)   THE PRESIDING OFFICERS SHALL INTRODUCE THE CERTIFIED
8SENATE BILL 2102
1 LEGISLATIVE DISTRICT PLAN AND THE CERTIFIED CONGRESSIONAL DISTRICT PLAN
2 AT THE FOLLOWING TIME:
3(1)  IF THE GOVERNOR DOES NOT CONVENE A SPECIAL SESSION, ON
4 THE FIRST DAY OF THE REGULAR SESSION OF THE GENERAL ASSEMBLY IN THE YEAR
5 ENDING IN THE NUMERAL 2; OR
6(2)  IF THE GOVERNOR CONVENES A SPECIAL SESSION, ON THE FIRST
7 DAY OF THE SPECIAL SESSION.
8      (J)  EXCEPT FOR THE PLANS REQUIRED TO BE INTRODUCED BY THE
9 PRESIDING OFFICERS UNDER SUBSECTION (G) OF THIS SECTION, A MEMBER OF THE
10 GENERAL ASSEMBLY MAY NOT INTRODUCE A BILL PROPOSING A PLAN FOR
11 LEGISLATIVE DISTRICTS OR CONGRESSIONAL DISTRICTS.
12      (K) EXCEPT FOR AN AMENDMENT PREPARED BY THE PRESIDING OFFICERS
13 UNDER SUBSECTION (N) OF THIS SECTION, A LEGISLATIVE DISTRICT PLAN OR A
14 CONGRESSIONAL DISTRICT PLAN MAY NOT BE AMENDED.
15      (L) (1) (I)    DURING A REGULAR SESSION OF THE GENERAL ASSEMBLY,
16 EACH HOUSE OF THE GENERAL ASSEMBLY SHALL PASS A LEGISLATIVE DISTRICT
17 PLAN AND A CONGRESSIONAL DISTRICT PLAN BY A VOTE OF THREE–FIFTHS OF THE
18 MEMBERS ELECTED TO THAT HOUSE BY THE 45TH DAY AFTER THE OPENING OF THE
19 REGULAR SESSION.
20(II)
  DURING A SPECIAL SESSION OF THE GENERAL ASSEMBLY,
21 EACH HOUSE OF THE GENERAL ASSEMBLY SHALL PASS A LEGISLATIVE DISTRICT
22 PLAN AND A CONGRESSIONAL DISTRICT PLAN BY A VOTE OF THREE–FIFTHS OF THE
23 MEMBERS ELECTED TO THAT HOUSE BY THE 15TH DAY AFTER THE OPENING OF THE
24 SPECIAL SESSION.
25(2)   THE LEGISLATIVE DISTRICT PLAN AND CONGRESSIONAL
26 DISTRICT PLAN PASSED BY THE HOUSE OF DELEGATES AND THE SENATE SHALL BE
27 PRESENTED TO THE GOVERNOR FOR APPROVAL WITHIN 1 DAY AFTER PASSAGE.
28      (M)   (1)   IF THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL
29 DISTRICT PLAN DOES NOT PASS BY THE DEADLINE ESTABLISHED UNDER
30 SUBSECTION (L)(1) OF THIS SECTION, OR THE GOVERNOR VETOES THE LEGISLATIVE
31 DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN UNDER SUBSECTION (P) OF
32 THIS SECTION, THE PRESIDING OFFICERS OF THE GENERAL ASSEMBLY SHALL,
33 WITHIN 3 DAYS:
34(I)    NOTIFY THE REDISTRICTING COMMISSION THAT THE
  SENATE BILL 2102  9
1 LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN DID NOT
2 PASS OR WAS VETOED;
3(II)   SENDTHE    REDISTRICTING   COMMISSION    THE
4 RECOMMENDATIONS OF THE GENERAL ASSEMBLY FOR CHANGES TO THE
5 LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN AND THE
6 GOVERNOR’S OBJECTIONS, IF ANY; AND
7(III) REQUEST       THAT   THE     REDISTRICTING   COMMISSION
8 PROPOSE AN ALTERNATIVE PLAN.
9(2)   (I)
  ON RECEIPT OF THE NOTICE FROM THE GENERAL
10 ASSEMBLY UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION, THE REDISTRICTING
11 COMMISSION SHALL REVIEW THE LEGISLATIVE DISTRICT PLAN OR THE
12 CONGRESSIONAL DISTRICT PLAN AND CONSIDER ANY RECOMMENDATIONS FOR
13 CHANGES TO A PLAN FROM THE GENERAL ASSEMBLY AND THE OBJECTIONS OF THE
14 GOVERNOR, IF ANY.
15(II)THE REDISTRICTING COMMISSION SHALL SEND THE
16 LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN, INCLUDING
17 ANY CHANGES APPROVED BY THE REDISTRICTING COMMISSION, TO THE PRESIDING
18 OFFICERS WITHIN 20 DAYS AFTER RECEIVING THE NOTIFICATION OF THE GENERAL
19 ASSEMBLY UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION.
20      (N)   (1) WITHIN 3 DAYS AFTER RECEIVING THE LEGISLATIVE DISTRICT
21 PLAN OR THE CONGRESSIONAL DISTRICT PLAN FROM THE REDISTRICTING
22 COMMISSION UNDER SUBSECTION (M)(2)(II) OF THIS SECTION, THE PRESIDING
23 OFFICERS SHALL PREPARE ANY CHANGES RECOMMENDED BY THE REDISTRICTING
24 COMMISSION AS AN AMENDMENT TO THE LEGISLATIVE DISTRICT PLAN OR THE
25 CONGRESSIONAL DISTRICT PLAN.
26(2) (I)    IN ORDER FOR AN AMENDMENT PREPARED UNDER
27 PARAGRAPH (1) OF THIS SUBSECTION TO BE PASSED, THE AMENDMENT SHALL BE
28 PASSED BY A VOTE OF THREE–FIFTHS OF THE MEMBERS ELECTED TO EACH HOUSE.
29(II) IF AN AMENDMENT IS NOT PASSED UNDER SUBPARAGRAPH
30 (I) OF THIS PARAGRAPH, THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL
31 DISTRICT PLAN SHALL BE CONSIDERED AS NOT PASSED.
32(III) AFTER AN AMENDMENT IS PASSED UNDER SUBPARAGRAPH
33 (I) OF THIS PARAGRAPH, IN ORDER FOR THE LEGISLATIVE DISTRICT PLAN OR THE
34 CONGRESSIONAL DISTRICT PLAN TO BECOME LAW, EACH HOUSE OF THE GENERAL
35 ASSEMBLY SHALL PASS THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL
10SENATE BILL 2102
1 DISTRICT PLAN, AS AMENDED, BY A VOTE OF THREE–FIFTHS OF THE MEMBERS
2 ELECTED TO EACH HOUSE.
3(3)   IF THE REDISTRICTING COMMISSION SENDS THE LEGISLATIVE
4 DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN TO THE PRESIDING
5 OFFICERS WITH NO CHANGES UNDER SUBSECTION (M)(2)(II) OF THIS SECTION, THE
6 GENERAL ASSEMBLY SHALL:
7(I)
  RECONSIDER THE LEGISLATIVE DISTRICT PLAN OR THE
8 CONGRESSIONAL DISTRICT PLAN; AND
9(II) IN ORDER FOR THE PLAN TO BECOME LAW, PASS THE PLAN
10 BY A VOTE OF THREE–FIFTHS OF THE MEMBERS ELECTED TO EACH HOUSE.
11(4)
  EXCEPT FOR AN AMENDMENT PREPARED BY THE PRESIDING
12 OFFICERS UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE LEGISLATIVE
13 DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN AND AN AMENDMENT MAY
14 NOT BE AMENDED.
15(5)   THE GENERAL ASSEMBLY SHALL VOTE ON THE LEGISLATIVE
16 DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN AND ANY AMENDMENT
17 WITHIN 15 DAYS AFTER THE OFFERING OF THE AMENDMENT.
18(6)A REGULAR SESSION OR A SPECIAL SESSION OF THE GENERAL
19 ASSEMBLY SHALL BE EXTENDED, IF NEEDED, TO ALLOW FOR CONSIDERATION OF
20 THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN AND ANY
21 AMENDMENT IN THE TIME SET FORTH IN PARAGRAPH (5) OF THIS SUBSECTION.
22(7)   IF THE LEGISLATIVE DISTRICT PLAN OR THE CONGRESSIONAL
23 DISTRICT PLAN AND AMENDMENT DO NOT RECEIVE A VOTE OF THE MEMBERS OF
24 THE GENERAL ASSEMBLY WITHIN THE TIME PERIOD SET FORTH UNDER
25 PARAGRAPH (5) OF THIS SUBSECTION, THE LEGISLATIVE DISTRICT PLAN OR THE
26 CONGRESSIONAL DISTRICT PLAN AND AMENDMENT SHALL BE CONSIDERED AS NOT
27 PASSED.
28      (O)   THE GENERAL ASSEMBLY SHALL PRESENT THE LEGISLATIVE DISTRICT
29 PLAN OR THE CONGRESSIONAL DISTRICT PLAN PASSED UNDER THIS SECTION TO
30 THE GOVERNOR WITHIN 1 DAY AFTER PASSAGE.
31      (P)   (1)   (I)THE GOVERNOR SHALL SIGN OR VETO THE LEGISLATIVE
32 DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN WITHIN 6 DAYS AFTER
33 PRESENTMENT.
  SENATE BILL 2102  11
1(II)   A LEGISLATIVE DISTRICT PLAN OR A CONGRESSIONAL
2 DISTRICT PLAN PASSED UNDER THIS SECTION MAY NOT BE ENACTED OVER THE
3 VETO OF THE GOVERNOR UNDER ARTICLE II, SECTION 17(D) OF THIS
4 CONSTITUTION.
5(2)
  IF THE GOVERNOR DOES NOT SIGN OR VETO A PLAN WITHIN 6
6 DAYS AFTER PRESENTMENT, THE LEGISLATIVE DISTRICT PLAN OR THE
7 CONGRESSIONAL DISTRICT PLAN SHALL BE A LAW IN LIKE MANNER AS IF SIGNED BY
8 THE GOVERNOR.
9      (Q) A LEGISLATIVE DISTRICT PLAN OR A CONGRESSIONAL DISTRICT PLAN
10 ADOPTED UNDER THIS SECTION SHALL BECOME EFFECTIVE:
11(1)     ON THE DATE THE GOVERNOR SIGNS THE PLAN;
12(2) IF THE GOVERNOR DOES NOT SIGN OR VETO THE PLAN, ON THE
13 6TH DAY AFTER PRESENTMENT TO THE GOVERNOR; OR
14(3) IF THERE IS A PROCEEDING INVOLVING THE LEGISLATIVE
15 DISTRICT PLAN OR THE CONGRESSIONAL DISTRICT PLAN IN THE SUPREME COURT
16 OF MARYLAND UNDER ARTICLE IV, SECTION 14 OF THIS CONSTITUTION, ON THE
17 DATE ORDERED BY THE SUPREME COURT OF MARYLAND.
18      (R) AS PROVIDED IN ARTICLE IV, SECTION 14 OF THIS CONSTITUTION, THE
19 SUPREME COURT OF MARYLAND SHALL ADOPT A LEGISLATIVE DISTRICT PLAN OR
20 A CONGRESSIONAL DISTRICT PLAN IF:
21(1)  THE REDISTRICTING COMMISSION FAILS TO APPROVE A
22 LEGISLATIVE DISTRICT PLAN OR A CONGRESSIONAL DISTRICT PLAN;
23(2)     THE GENERAL ASSEMBLY DOES NOT PASS A PLAN UNDER THIS
24 SECTION; OR
25(3)     THE GOVERNOR VETOES A PLAN PASSED UNDER SUBSECTION (N)
26 OF THIS SECTION.
27      (S) THE REDISTRICTING COMMISSION SHALL BE THE REPRESENTATIVE OF
28 THE STATE:
29(1)     IN A PROCEEDING UNDER SUBSECTION (R) OF THIS SECTION; OR
30(2) IN A PETITION TO REVIEW THE LEGALITY OF A PLAN UNDER
31 ARTICLE IV, SECTION 14 OF THIS CONSTITUTION.
12SENATE BILL 2102
1SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
2 as follows:
3Article – Election Law
4 1–101.
5(a)   In this article the following words have the meanings indicated unless a
6 different meaning is clearly intended from the context.
7(dd) “Majority party” means the political party to which the incumbent Governor
8 belongs, if the incumbent Governor is a member of a principal political party. If the
9 incumbent Governor is not a member of one of the two principal political parties, “majority
10 party” means the principal political party whose candidate for Governor received the
11 highest number of votes of any party candidate at the last preceding general election.
12(hh) “Political party” means an organized group that is qualified as a political party
13 in accordance with Title 4 of this article.
14(jj)   “Principal minority party” means the principal political party whose candidate
15 for Governor received the second highest number of votes of any party candidate at the last
16 preceding general election.
17(kk) “Principal political parties” means the majority party and the principal
18 minority party.
19SUBTITLE 7A. LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND
20APPORTIONMENT COMMISSION.
21 8–7A–01.
22(A)    IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
23 INDICATED.
24(B)“PLAN” MEANS THE PROPOSED LEGISLATIVE DISTRICT PLAN OR THE
25 PROPOSED CONGRESSIONAL DISTRICT PLAN ADOPTED BY THE REDISTRICTING
26 COMMISSION.
27(C)“REDISTRICTING COMMISSION” MEANS THE LEGISLATIVE AND
28 CONGRESSIONAL REDISTRICTING AND APPORTIONMENT COMMISSION.
29 8–7A–02.
30IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT:
  SENATE BILL 2102  13
1(1)  NEITHER THE LEGISLATIVE DISTRICTS NOR THE CONGRESSIONAL
2 DISTRICTS BE ESTABLISHED FOR THE PURPOSE OF FAVORING OR DISCRIMINATING
3 AGAINST AN INCUMBENT OFFICEHOLDER, A CANDIDATE FOR OFFICE, OR A
4 POLITICAL PARTY; AND
5(2) THE PROVISIONS OF THIS SUBTITLE COMPLY WITH AND
6 IMPLEMENT THE PROVISIONS OF ARTICLE III, §§ 2, 3, AND 4, ARTICLE IV, § 14, AND
7 ARTICLE XXI, §§ 1 AND 2 OF THE MARYLAND CONSTITUTION.
8 8–7A–03.
9     THERE IS A LEGISLATIVE AND CONGRESSIONAL REDISTRICTING AND
10 APPORTIONMENT COMMISSION AS AN INDEPENDENT UNIT OF STATE GOVERNMENT.
11 8–7A–04.
12      (A)  ON OR BEFORE MARCH 1, 2031, AND EACH YEAR ENDING IN THE
13 NUMERAL 1 THEREAFTER, A REDISTRICTING COMMISSION WITH THE MEMBERSHIP
14 ESTABLISHED IN ACCORDANCE WITH § 8–7A–05 OF THIS SUBTITLE SHALL CONVENE.
15      (B) THE MEMBERSHIP OF THE REDISTRICTING COMMISSION IS DESIGNED
16 TO  PRODUCE   A   REDISTRICTING COMMISSION THAT IS REASONABLY
17 REPRESENTATIVE OF THE STATE’S GEOGRAPHICAL, RACIAL, AND GENDER MAKEUP.
18 8–7A–05.
19     (A)    THE REDISTRICTING COMMISSION CONSISTS OF THE FOLLOWING 10
20 MEMBERS:
21(1) SUBJECT TO SUBSECTION (B)(3) OF THIS SECTION, TWO MEMBERS
22 APPOINTED BY THE GOVERNOR, SUBJECT TO THE UNANIMOUS APPROVAL OF THE
23 SENATE EXECUTIVE NOMINATIONS COMMITTEE AND THE HOUSE RULES AND
24 EXECUTIVE NOMINATIONS COMMITTEE;
25(2)   THE PRESIDENT OF THE SENATE;
26(3)   THE SPEAKER OF THE HOUSE;
27(4)   THE MINORITY LEADER OF THE SENATE;
28(5)   THE MINORITY LEADER OF THE HOUSE OF DELEGATES;
14SENATE BILL 2102
1(6)   ONE MEMBER APPOINTED BY THE PRESIDENT OF THE SENATE;
2(7)   ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE;
3(8)   ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE
4 SENATE; AND
5(9) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE
6 HOUSE OF DELEGATES.
7      (B)   (1)AN APPOINTED MEMBER OF THE REDISTRICTING COMMISSION
8 MUST BE A REGISTERED VOTER WHO, FOR AT LEAST 3 YEARS IMMEDIATELY
9 PRECEDING THE DATE THAT THE REDISTRICTING COMMISSION CONVENES, HAS
10 BEEN:
11(I)  CONTINUOUSLY REGISTERED IN THE STATE WITH THE SAME
12 POLITICAL PARTY; OR
13(II)     CONTINUOUSLY     NOT REGISTERED WITH A PRINCIPAL
14 POLITICAL PARTY.
15(2)    AN APPOINTED MEMBER OF THE REDISTRICTING COMMISSION
16 MAY NOT BE:
17(I)A REPRESENTATIVE IN CONGRESS ELECTED FROM THE
18 STATE OR A CANDIDATE FOR THAT OFFICE;
19(II)   A MEMBER OF THE GENERAL ASSEMBLY OR A CANDIDATE
20 FOR THAT OFFICE;
21(III) AN ELECTED LOCAL GOVERNMENT OFFICIAL OR A
22 CANDIDATE FOR AN ELECTED LOCAL GOVERNMENT OFFICE;
23(IV)   AN OFFICER OR EMPLOYEE OF A POLITICAL PARTY OR
24 POLITICAL COMMITTEE;
25(V)    1.   A      CONTRACTOR      PROVIDING   PROFESSIONAL
26 SERVICES TO:
27A.   THE GOVERNOR OR A CANDIDATE FOR THAT OFFICE;
28B.
  A MEMBER OF THE  GENERAL ASSEMBLY OR A
29 CANDIDATE FOR THAT OFFICE; OR
  SENATE BILL 2102  15
1C.A REPRESENTATIVE IN CONGRESS ELECTED FROM
2 THE STATE OR A CANDIDATE FOR THAT OFFICE; OR
32.
  A CURRENT OR FORMER EMPLOYEE  OF   OR   A
4 CONSULTANT TO AN INDIVIDUAL DESCRIBED IN ITEM 1 OF THIS ITEM;
5(VI)
  AN IMMEDIATE FAMILY MEMBER OF THE GOVERNOR OR OF
6 AN INDIVIDUAL DESCRIBED IN ITEM (I), (II), (III), OR (IV) OF THIS PARAGRAPH;
7(VII) A STAFF MEMBER OF:
81.   THE GOVERNOR OR A CANDIDATE FOR THAT OFFICE;
92.
  A MEMBER OF THE  GENERAL ASSEMBLY OR A
10 CANDIDATE FOR THAT OFFICE;
113.A REPRESENTATIVE IN CONGRESS ELECTED FROM
12 THE STATE OR A CANDIDATE FOR THAT OFFICE; OR
134.
  AN ELECTED LOCAL GOVERNMENT OFFICIAL OR A
14 CANDIDATE FOR AN ELECTED LOCAL GOVERNMENT OFFICE; OR
15(VIII) A CURRENT OR FORMER REGISTERED LOBBYIST.
16(3)   TO BE APPOINTED UNDER SUBSECTION (A)(1) OF THIS SECTION,
17 AN INDIVIDUAL MAY NOT BE AT THE TIME OF APPOINTMENT OR HAVE BEEN WITHIN
18 THE IMMEDIATELY PRECEDING 10 YEARS, AN EMPLOYEE OF:
19(I)    THE GOVERNOR’S OFFICE;
20(II)   THE GENERAL ASSEMBLY; OR
21(III) AN OFFICE OF STATE GOVERNMENT.
22      (C)  (1) THE TERM OF A MEMBER OF THE REDISTRICTING COMMISSION
23 EXPIRES ON FEBRUARY 28 EACH YEAR ENDING IN THE NUMERAL 1.
24(2) A MEMBER OF THE REDISTRICTING COMMISSION IS NOT
25 ELIGIBLE TO SERVE A SUBSEQUENT TERM ON A REDISTRICTING COMMISSION.
26      (D)   EACH MEMBER OF THE REDISTRICTING COMMISSION SHALL:
16SENATE BILL 2102
1(1) APPLY THE PROVISIONS OF THIS SUBTITLE IN A MANNER THAT IS
2 IMPARTIAL AND THAT REINFORCES PUBLIC CONFIDENCE IN THE INTEGRITY OF THE
3 REDISTRICTING PROCESS; AND
4(2) BE INELIGIBLE FOR A PERIOD OF 5 YEARS BEGINNING FROM THE
5 DATE THAT THE REDISTRICTING COMMISSION CONVENES TO:
6(I)    HOLD APPOINTIVE FEDERAL, STATE, OR LOCAL PUBLIC
7 OFFICE;
8(II)
  SERVE AS PAID STAFF FOR THE GENERAL ASSEMBLY OR
9 ANY INDIVIDUAL MEMBER; OR
10(III) REGISTER AS A STATE, COUNTY, OR MUNICIPAL LOBBYIST
11 IN THE STATE.
12      (E)   A MEMBER OF THE REDISTRICTING COMMISSION:
13(1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE
14 REDISTRICTING COMMISSION; BUT
15(2) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER THE
16 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
17 8–7A–06.
18     (A)    (1)   SEVEN MEMBERS OF THE REDISTRICTING COMMISSION ARE A
19 QUORUM.
20(2)SEVEN OR MORE AFFIRMATIVE VOTES OF THE MEMBERS ARE
21 REQUIRED FOR ANY OFFICIAL ACTION OF THE REDISTRICTING COMMISSION,
22 INCLUDING APPROVAL OF:
23(I)
  ANY    PLAN    FOR   LEGISLATIVE    DISTRICTS   OR
24 CONGRESSIONAL DISTRICTS ADOPTED BY THE REDISTRICTING COMMISSION; AND
25(II)   ANY CHANGES TO AN APPROVED PLAN.
26      (B) FROM AMONG ITS MEMBERS, THE REDISTRICTING COMMISSION SHALL
27 ELECT ONE MEMBER TO SERVE AS CHAIR.
28      (C)   (1)THE REDISTRICTING COMMISSION MAY HIRE STAFF, ATTORNEYS,
29 AND CONSULTANTS IN ACCORDANCE WITH THE STATE BUDGET.
  SENATE BILL 2102  17
1(2)EMPLOYEES OF THE REDISTRICTING COMMISSION SHALL BE
2 INDEPENDENT OF THE STATE PERSONNEL MANAGEMENT SYSTEM.
3      (D) A FINDING OF A POSSIBLE CRIMINAL VIOLATION BY A MEMBER OR AN
4 EMPLOYEE OF THE REDISTRICTING COMMISSION MAY RESULT IN REFERRAL TO THE
5 STATE PROSECUTOR FOR CRIMINAL PROSECUTION.
6 8–7A–07.
7      (A)   THE REDISTRICTING COMMISSION SHALL:
8(1)  CONDUCT A PROCESS THAT IS OPEN AND TRANSPARENT TO
9 ENABLE FULL PUBLIC CONSIDERATION OF AND COMMENT ON THE ESTABLISHMENT
10 OF LEGISLATIVE DISTRICTS AND CONGRESSIONAL DISTRICTS;
11(2) ESTABLISH LEGISLATIVE DISTRICTS AND CONGRESSIONAL
12 DISTRICTS ACCORDING TO THE REDISTRICTING STANDARDS SET FORTH IN THIS
13 SUBTITLE AND ARTICLE III, §§ 3 AND 4 AND ARTICLE XXI, § 1 OF THE MARYLAND
14 CONSTITUTION; AND
15(3)   CONDUCT BUSINESS WITH INTEGRITY AND FAIRNESS.
16      (B) THE ACTIVITIES OF THE REDISTRICTING COMMISSION ARE SUBJECT TO
17 THE OPEN MEETINGS ACT AND THE MARYLAND PUBLIC INFORMATION ACT.
18      (C)   (1)   THE REDISTRICTING COMMISSION SHALL ESTABLISH AND
19 IMPLEMENT A HEARING PROCESS THAT IS OPEN TO THE PUBLIC FOR PUBLIC INPUT
20 AND DELIBERATION THAT IS:
21(I)    SUBJECT TO PUBLIC NOTICE; AND
22(II)DESIGNED TO ENCOURAGE CITIZEN OUTREACH AND TO
23 SOLICIT BROAD PUBLIC PARTICIPATION IN THE REDISTRICTING PROCESS.
24(2)   (I)  THE HEARING PROCESS ESTABLISHED UNDER PARAGRAPH
25 (1) OF THIS SUBSECTION SHALL INCLUDE THE SCHEDULING OF HEARINGS:
261.   TO   RECEIVE   PUBLIC   INPUT  BEFORE       THE
27 CONSIDERATION OF ANY PLAN BY THE REDISTRICTING COMMISSION; AND
282.
  FOLLOWING THE PROPOSAL OF A PLAN BY THE
29 REDISTRICTING COMMISSION.
18SENATE BILL 2102
1(II)   HEARINGSMAY BE SUPPLEMENTED WITH OTHER
2 ACTIVITIES AS DETERMINED APPROPRIATE BY THE REDISTRICTING COMMISSION
3 TO FURTHER INCREASE OPPORTUNITIES FOR THE PUBLIC TO OBSERVE AND
4 PARTICIPATE IN THE REDISTRICTING PROCESS.
5     (D) (1) THE REDISTRICTING COMMISSION SHALL ENSURE THAT THE
6 PROPOSED PLANS ARE READILY ACCESSIBLE TO THE PUBLIC.
7(2) BEFORE ADOPTING A PLAN, THE REDISTRICTING COMMISSION
8 SHALL ALLOW 14 DAYS FOR THE PUBLIC TO PROVIDE WRITTEN COMMENT.
9      (E)   THE REDISTRICTING COMMISSION SHALL TAKE ALL STEPS NECESSARY
10 TO ENSURE THAT A COMPLETE AND ACCURATE COMPUTERIZED POPULATION
11 DATABASE IS AVAILABLE FOR REDISTRICTING AND THAT PROCEDURES ARE IN
12 PLACE TO PROVIDE THE PUBLIC READY ACCESS TO REDISTRICTING DATA AND
13 COMPUTER SOFTWARE FOR DRAWING MAPS.
14 8–7A–08.
15      (A) (1) IN THE YEAR FOLLOWING EACH DECENNIAL CENSUS OF THE
16 UNITED STATES, OR WHEN OTHERWISE REQUIRED BY LAW, THE REDISTRICTING
17 COMMISSION SHALL ADOPT A PLAN TO ESTABLISH LEGISLATIVE DISTRICTS AND
18 CONGRESSIONAL DISTRICTS IN CONFORMANCE WITH THE STANDARDS AND
19 PROCESSES SET FORTH IN THIS SUBTITLE AND THE MARYLAND CONSTITUTION.
20(2)  ON OR BEFORE OCTOBER 1 EACH YEAR ENDING IN THE NUMERAL
21 1, THE REDISTRICTING COMMISSION SHALL APPROVE TWO PLANS:
22(I)
  ONE PLAN SHALL DESCRIBE THE DISTRICT BOUNDARY
23 LINES FOR THE ELECTION OF MEMBERS OF THE SENATE AND THE HOUSE OF
24 DELEGATES; AND
25(II)ONE PLAN SHALL DESCRIBE THE DISTRICT BOUNDARY
26 LINES FOR THE STATE’S REPRESENTATIVES IN CONGRESS.
27      (B) LEGISLATIVE DISTRICTS SHALL BE NUMBERED CONSECUTIVELY
28 COMMENCING AT THE NORTHWESTERN BOUNDARY OF THE STATE AND ENDING AT
29 THE SOUTHEASTERN BOUNDARY OF THE STATE.
30      (C)   THE REDISTRICTING COMMISSION SHALL ISSUE WITH EACH PLAN:
31(1)   MAPS    SHOWING   THE   LEGISLATIVE   DISTRICTS   AND   THE
  SENATE BILL 2102  19
1 CONGRESSIONAL DISTRICTS; AND
2(2)   A REPORT THAT:
3(I) EXPLAINS THE BASIS ON WHICH THE REDISTRICTING
4 COMMISSION MADE ITS DECISIONS TO ACHIEVE COMPLIANCE WITH THE CRITERIA
5 SPECIFIED UNDER THIS SUBTITLE; AND
6(II)
  INCLUDES DEFINITIONS OF THE TERMS AND STANDARDS
7 USED IN DRAWING EACH PLAN.
8      (D)   ON ADOPTION OF A PLAN, THE REDISTRICTING COMMISSION SHALL:
9(1) CERTIFY THAT THE PLAN IS THE PLAN ADOPTED BY THE
10 REDISTRICTING COMMISSION; AND
11(2) SEND THE CERTIFIED PLAN TO THE PRESIDING OFFICERS OF THE
12 GENERAL ASSEMBLY.
13      (E)  ON RECEIPT OF A CERTIFIED PLAN SENT UNDER SUBSECTION (D) OF
14 THIS SECTION, THE PRESIDING OFFICERS SHALL PREPARE THE PLAN FOR
15 CONSIDERATION BY THE GENERAL ASSEMBLY AS PROVIDED IN ARTICLE XXI, § 2 OF
16 THE MARYLAND CONSTITUTION.
17      (F)EXCEPT AS PROVIDED IN THIS SUBTITLE OR ARTICLE XXI, § 2 OF THE
18 MARYLAND CONSTITUTION, A PLAN CONSIDERED BY THE GENERAL ASSEMBLY
19 SHALL BE TREATED IN THE SAME MANNER AS A BILL FOR PURPOSES OF
20 PUBLICATION, CODIFICATION, NOTIFICATION, AND DISTRIBUTION.
21 8–7A–09.
22      (A) THE REDISTRICTING COMMISSION SHALL PETITION THE SUPREME
23 COURT OF MARYLAND TO ESTABLISH LEGISLATIVE DISTRICTS OR CONGRESSIONAL
24 DISTRICTS ACCORDING TO THE STANDARDS SET FORTH IN THIS SUBTITLE AND
25 ARTICLE III, §§ 3 AND 4 AND ARTICLE XXI OF THE MARYLAND CONSTITUTION IF:
26(1) THE REDISTRICTING COMMISSION FAILS TO ADOPT AND CERTIFY
27 A PLAN UNDER THIS SUBTITLE; OR
28(2)A PLAN IS NOT ENACTED IN ACCORDANCE WITH ARTICLE XXI, § 2
29 OF THE MARYLAND CONSTITUTION.
30      (B)   THE REDISTRICTING COMMISSION SHALL REPRESENT THE STATE
20SENATE BILL 2102
1 REGARDING ANY PETITION SEEKING A REVIEW OF A CERTIFIED PLAN OR A LAW
2 ENACTED ESTABLISHING LEGISLATIVE DISTRICTS OR CONGRESSIONAL DISTRICTS
3 UNDER ARTICLE XXI, § 2 OF THE MARYLAND CONSTITUTION.
4      (C)  IN ANY CASE BROUGHT IN A FEDERAL COURT TO REVIEW A PLAN, IF THE
5 REDISTRICTING COMMISSION IS NOT A PARTY TO THE CASE, THE REDISTRICTING
6 COMMISSION SHALL MOVE TO INTERVENE IN THE CASE ON BEHALF OF THE STATE.
7 8–7A–10.
8      (A)   THE SUPREME COURT OF MARYLAND SHALL HAVE ORIGINAL
9 JURISDICTION TO ESTABLISH LEGISLATIVE DISTRICTS AND CONGRESSIONAL
10 DISTRICTS ACCORDING TO THE STANDARDS SET FORTH IN THIS SUBTITLE AND
11 ARTICLE III, §§ 3 AND 4 AND ARTICLE XXI OF THE MARYLAND CONSTITUTION IF:
12(1) THE REDISTRICTING COMMISSION FAILS TO APPROVE A PLAN
13 UNDER THIS SUBTITLE;
14(2) A PLAN IS NOT ENACTED UNDER ARTICLE XXI, § 2 OF THE
15 MARYLAND CONSTITUTION; OR
16(3)     A REGISTERED VOTER FILES A PETITION UNDER SUBSECTION (B)
17 OF THIS SECTION.
18      (B)   (1) ON THE ENACTMENT OF A LEGISLATIVE DISTRICT PLAN OR A
19 CONGRESSIONAL DISTRICT PLAN, ANY REGISTERED VOTER IN THE STATE MAY FILE
20 A PETITION WITH THE SUPREME COURT OF MARYLAND TO BAR THE PLAN FROM
21 TAKING EFFECT ON THE GROUNDS THAT THE PLAN VIOLATES THE MARYLAND
22 CONSTITUTION, THE UNITED STATES CONSTITUTION, OR A FEDERAL OR STATE
23 STATUTE.
24(2)  THE REDISTRICTING COMMISSION SHALL BE THE DEFENDANT IN
25 A PETITION FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION.
26      (C)  SUBJECT TO THE MARYLAND RULES, ANY REGISTERED VOTER OF THE
27 STATE MAY PARTICIPATE IN THE PROCEEDING AS AN AMICUS CURIAE.
28      (D) (1) IF A PETITION IS FILED UNDER SUBSECTION (B) OF THIS SECTION,
29 THE SUPREME COURT OF MARYLAND:
30(I)
  SHALL SET DEADLINES FOR THE FILING OF PLEADINGS AND
31 AMICUS CURIAE BRIEFS; AND
  SENATE BILL 2102  21
1(II)      MAY   APPOINT     A   SPECIAL   MASTER   TO   MAKE
2 RECOMMENDATIONS.
3(2)  A SPECIAL MASTER APPOINTED UNDER PARAGRAPH (1) OF THIS
4 SUBSECTION SHALL:
5(I)    HOLD A HEARING;
6(II) CONSIDER A PLAN APPROVED BY THE REDISTRICTING
7 COMMISSION, IF ANY; AND
8(III) MAKE RECOMMENDATIONS TO THE SUPREME COURT OF
9 MARYLAND.
10(3) WITHIN THE TIME PERIOD ESTABLISHED BY THE SUPREME
11 COURT OF MARYLAND UNDER PARAGRAPH (1) OF THIS SUBSECTION, A PARTY MAY
12 FILE EXCEPTIONS TO THE RECOMMENDATIONS OF THE SPECIAL MASTER.
13(4)BEFORE ORDERING ANY RELIEF, THE SUPREME COURT OF
14 MARYLAND SHALL:
15(I)    HOLD A HEARING;
16(II) CONSIDER A PLAN APPROVED BY THE REDISTRICTING
17 COMMISSION, IF ANY; AND
18(III) CONSIDER ANY RECOMMENDATIONS OF A SPECIAL MASTER.
19     (E)   (1) THE SUPREME COURT OF MARYLAND MAY ORDER ANY RELIEF
20 CONSIDERED APPROPRIATE.
21(2)   IN ORDERING RELIEF:
22(I)   IF THE REDISTRICTING COMMISSION ADOPTED AND
23 CERTIFIED A PLAN, THE SUPREME COURT OF MARYLAND MAY APPROVE, MODIFY,
24 OR ADOPT A NEW PLAN; OR
25(II)IF THE REDISTRICTING COMMISSION HAS NOT ADOPTED
26 AND CERTIFIED A PLAN, THE SUPREME COURT OF MARYLAND SHALL ESTABLISH
27 LEGISLATIVE DISTRICTS AND CONGRESSIONAL DISTRICTS ACCORDING TO THE
28 STANDARDS SET FORTH IN THIS SUBTITLE AND ARTICLE III, §§ 3 AND 4 AND
29 ARTICLE XXI OF THE MARYLAND CONSTITUTION.
22SENATE BILL 2102
1(F)  THE SUPREME COURT OF MARYLAND SHALL GIVE PRIORITY TO RULING
2 ON A PETITION FILED UNDER THIS SECTION.
3 8–7A–11.
4      THE GOVERNOR SHALL INCLUDE FUNDS IN THE STATE BUDGET TO CARRY
5 OUT THE PROVISIONS OF THIS SUBTITLE, INCLUDING THE COSTS OF ANY
6 LITIGATION.
7SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly
8 determines that the amendment to the Maryland Constitution proposed by Section 1 of this
9 Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland
10 Constitution concerning local approval of constitutional amendments do not apply.
11SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the
12 Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified
13 voters of the State at the next general election to be held in November 2026 for adoption or
14 rejection in accordance with Article XIV of the Maryland Constitution. At that general
15 election, the vote on the proposed amendment to the Constitution shall be by ballot, and on
16 each ballot there shall be printed the words “For the Constitutional Amendment” and
17 “Against the Constitutional Amendment”, as now provided by law. Immediately after the
18 election, all returns shall be made to the Governor of the vote for and against the proposed
19 amendment, as directed by Article XIV of the Maryland Constitution, and further
20 proceedings held in accordance with Article XIV.
21SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is
22 contingent on the passage of Section 1 of this Act, a constitutional amendment, and its
23 ratification by the voters of the State.
24SECTION 6. AND BE IT FURTHER ENACTED, That, subject to Section 5 of this
25 Act, Section 2 of this Act shall take effect on the proclamation of the Governor that the
26 constitutional amendment, having received a majority of the votes cast at the general
27 election, has been adopted by the people of Maryland.