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§ 9-313. Referendum on public local law

West's Annotated Code of MarylandLocal GovernmentEffective: October 1, 2013

West's Annotated Code of Maryland
Local Government (Refs & Annos)
Division III. Counties [Titles 9-15] (Refs & Annos)
Title 9. General and Administrative Provisions (Refs & Annos)
Subtitle 3. Code Counties (Refs & Annos)
Effective: October 1, 2013
MD Code, Local Government, § 9-313
Formerly cited as MD CODE, Art. 25B, § 10
§ 9-313. Referendum on public local law
Authorized
(a)(1) The voters of a code county may submit to referendum, by petition, a public local law or a part of a public local law enacted under this subtitle.
(2) The referendum shall be:
(i) at the next regular congressional election unless the county commissioners, by resolution, schedule a special election;
(ii) in accordance with the requirements of Title 7 of the Election Law Article as to time, notice, and form; and
(iii) for adoption or rejection by a majority of those voting on the question.
Filing of referendum petition
(b)(1) Subject to paragraph (2) of this subsection, a referendum petition shall:
(i) be filed with the county board of elections within 40 days after a public local law is enacted; and
(ii) contain the signatures of at least 10% of the voters of the code county.
(2) If more than one-half but less than the full number of signatures required to complete a referendum petition against a public local law are filed within 40 days after the public local law is enacted, the time for the public local law to take effect and the time for filing the remainder of signatures to complete the referendum petition is extended for an additional 40 days.
Contents of referendum petition
(c)(1) Subject to paragraph (2) of this subsection, a referendum petition may consist of several papers.
(2) Each paper shall:
(i) contain the full text of the public local law or part of the public local law petitioned to referendum; and
(ii) have attached to it an affidavit of the individual who procured the signatures on the petition that certifies that to the best of the individual's personal knowledge, information, and belief:
1. each signature on the petition is genuine; and
2. the signers are voters in the code county.
Verification of voter registration
(d) The county board of elections shall verify the voter registration of each signer.
Effective dates
(e)(1) Except as provided in paragraph (2) of this subsection, if a legally sufficient referendum petition on a public local law is filed with the county board of elections, the public local law does not take effect until 30 days after its approval by a majority of the voters voting on the question.
(2) An emergency law petitioned to referendum:
(i) remains in effect from its effective date notwithstanding the filing of the referendum petition; but
(ii) is repealed 30 days after its rejection by a majority of the voters voting on the question.

Credits

Added by Acts 2013, c. 119, § 2, eff. Oct. 1, 2013.
MD Code, Local Government, § 9-313, MD LOCAL GOVT § 9-313
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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