§ 7-102. Qualification of questions  


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  •    (a) Constitutional conventions and amendments. --

       (1) A question relating to the holding of a constitutional convention qualifies for the ballot automatically every 20 years pursuant to Article XIV, § 2 of the Maryland Constitution.

       (2) A question relating to the adoption of a new or altered Constitution qualifies upon its adoption by a duly constituted convention pursuant to Article XIV, § 2 of the Maryland Constitution.

       (3) An amendment to the Constitution qualifies upon its passage by the General Assembly pursuant to Article XIV, § 1 of the Maryland Constitution.

    (b) Act of the General Assembly. -- A question on an act of the General Assembly pursuant to Article XVI of the Maryland Constitution qualifies upon the certification under Title 6 of this article, that the petition has satisfied all the requirements established by Article XVI.

    (c) County charter; code home rule. --

       (1) A question relating to the creation of a home rule county government qualifies upon either:

          (i) a determination by the appropriate local authority that the applicable petition has satisfied all the requirements established by law relating to the creation of a charter board; or

          (ii) the adoption by the governing body of a county of an enactment proposing that the county become a code county.

       (2) A question relating to the approval of a county charter qualifies upon the adoption of a proposed charter by a charter board pursuant to the requirements prescribed by Article XI-A of the Maryland Constitution.

       (3) A question relating to the amendment of a county charter shall qualify either upon:

          (i) the passage by the governing body of the county of a resolution proposing the amendment; or

          (ii) a determination by the governing body of the county that a petition submitted has satisfied all the requirements established by law relating to petitions initiating charter amendments.

    (d) Creation of a new county or alteration of county boundaries. -- A question relating to the creation of a new county or the alteration of county boundaries qualifies upon the enactment of the implementing public general law.

    (e) Questions referred by the General Assembly. -- A question referred to the voters as provided in an enactment of the General Assembly qualifies upon the enactment of the law calling for the question.

    (f) County enactments. --

       (1) A question on an enactment by a charter county qualifies pursuant to local law and § 9-205 of the Local Government Article.

       (2) A question on an enactment by a code county qualifies pursuant to local law and § 9-310 through 9-313 of the Local Government Article.

    (g) Incorporation of a new municipal corporation. -- A question relating to the incorporation of a new municipal corporation qualifies upon the determination by the county governing body that the applicable petition has satisfied all the requirements established by law for that petition.

    (h) Bond. -- A referendum on a question of issuance of a bond pursuant to § 9-934 of the Environment Article qualifies upon submission of the question to the appropriate local board.


HISTORY: An. Code 1957, art. 33, § 7-102; 2002, ch. 291, § 2, 4; 2013, ch. 119, § 14; ch. 136.