Maryland HB 985: Election Law – State Officials – Recall Election

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0985*

HOUSE BILL 985
G1 CONSTITUTIONAL AMENDMENT 1lr2440

By: Delegate Impallaria
Introduced and read first time: February 5, 2021
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Election Law – State Officials – Recall Election 2

FOR the purpose of proposing an amendment to the Maryland Constitution to provide that 3
certain State officials are subject to a recall election; requiring that the recall of a 4
certain State official be proposed by the filing of a petition for recall with the 5
Secretary of State; prohibiting a petition for recall from being filed within a certain 6
number of days at the beginning of the term of a certain State official; providing that 7
a petition for recall is sufficient if it has certain signatures that are equal in number 8
to at least a certain percentage of certain votes; requiring the Secretary of State to 9
certify the petition for recall and refer it to a vote under certain circumstances; 10
requiring the special recall election to be held within a certain number of days after 11
the certification of a certain petition; and submitting the amendment to the qualified 12
voters of the State for their adoption or rejection. 13

BY proposing an addition to the Maryland Constitution 14
New Article XVII–A – Recall Elections 15
Section 1 through 3 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 18
proposed that the Maryland Constitution read as follows: 19

ARTICLE XVII–A – RECALL ELECTIONS 20

1. 21

THE FOLLOWING STATE OFFICIALS ARE SUBJECT TO A RECALL ELECTION: 22

(1) THE GOVERNOR; 23

2 HOUSE BILL 985

(2) THE LIEUTENANT GOVERNOR; 1

(3) THE ATTORNEY GENERAL; AND 2

(4) THE COMPTROLLER. 3

2. 4

(A) THE RECALL OF A STATE OFFICIAL LISTED IN SECTION 1 OF THIS 5
ARTICLE SHALL BE PROPOSED BY THE FILING OF A PETITION FOR RECALL WITH THE 6
SECRETARY OF STATE. 7

(B) A PETITION FOR RECALL MAY NOT BE FILED DURING THE FIRST 120 8
DAYS OF THE TERM OF OFFICE OF A STATE OFFICIAL SUBJECT TO RECALL. 9

3. 10

(A) A PETITION FOR RECALL SHALL BE SUFFICIENT IF IT HAS SIGNATURES 11
FROM REGISTERED VOTERS THAT ARE EQUAL IN NUMBER TO AT LEAST 25% OF THE 12
NUMBER OF VOTES CAST IN THE STATE AT THE LAST PRECEDING GUBERNATORIAL 13
ELECTION. 14

(B) IF A PETITION FOR RECALL FILED WITH THE SECRETARY OF STATE HAS 15
THE REQUIRED NUMBER OF SIGNATURES, THE SECRETARY OF STATE SHALL 16
CERTIFY THE PETITION FOR RECALL AND REFER IT TO A VOTE. 17

(C) THE SPECIAL RECALL ELECTION SHALL BE HELD WITHIN 120 DAYS 18
AFTER THE CERTIFICATION OF THE PETITION. 19

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 20
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 21
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 22
Constitution concerning local approval of constitutional amendments do not apply. 23

SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 24
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 25
voters of the State at the next general election to be held in November 2022 for adoption or 26
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 27
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 28
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 29
the Constitutional Amendment”, as now provided by law. Immediately after the election, 30
all returns shall be made to the Governor of the vote for and against the proposed 31
amendment, as directed by Article XIV of the Maryland Constitution, and further 32
proceedings had in accordance with Article XIV. 33