Voting Rights & Veterans

Originally Published: February 19, 2024

Legislative Update Part 3

HB800, the Maryland Voting Rights Act of 2024, would codify into state law and build upon provisions of the national Voting Rights Act of 1965. Although it appears on the weekly legislative update memos, there has been no discussion of this bill during Commissioner meetings. I read through the bill and, based on my interpretation, this bill could affect the way we elect the Commissioners.

Local governments may not “deny or impair the right to vote of protected class members through…laws regarding administration of elections,” the bill says. Additionally, a local government may not “employ any method of election…that has the effect of impairing the equal ability of protected class members to participate in the political process and elect candidates of their choice as a result of diluting the vote of the protected class members.” At-large voting is how we elect the Commissioners and Board of Education. Though some candidates run in specific districts, the entire county votes for all five Commissioners and Board of Education members. Many view the at-large voting method as a dilution of votes because a majority of voters throughout the county can influence who directly represents a specific district. This prevents voters in specific districts from selecting their own representation, much the same way we elect Delegates, Senators, and Congressional representatives.

The act describes a violation of the law, in part, as “based on the totality of the circumstances, the opportunity or ability of protected class members to nominate or elect candidates of their choice is impaired; and one or more new methods/modifications of elections a court could order would likely mitigate the impairment.” Continuing, the bill says if a new district-based voting plan will generally rectify the situation, there is not a requirement for any district “to show that members of a protected class comprise a majority.” The Senate Education, Energy, and Environment Committee will hear this bill on 2/21/24. Those wanting to testify must sign up by 2/20/24 at 6PM. The House testimony sign up has already closed.

Deputy County Attorney John Houser did provide an update on HB1436, a bill affecting municipal incorporation referendum requests. Houser said this bill would update current law to require the local governing body to hold a referendum vote upon receiving a petition showing 40% of people in a certain area support creating a municipality. Right now, the Commissioners could deny a referendum request. Commissioner Hewitt asked Houser how this could relate to the idea of incorporating Lexington Park, while Commissioner Ostrow asked who would vote in a potential referendum. Residents of a given area can define the boundaries of a potential municipality and would collect signatures for 40% of the population within that boundary, Houser explained. Once complete, only those within the boundaries of the proposed municipality would vote in the referendum. The organizing committee would also be responsible for creating a report detailing fiscal impacts on the County, and how the municipality would generate its revenues and budget. The hearing is on 3/5/24 at 1PM in the House Environment and Transportation Committee; those wanting to testify must sign up by 6PM on 3/1/24.

Property Tax exemptions for disabled veterans could be affected by HB862. Counties currently must grant property tax exemptions to veterans with a permanent disability rating of 100%, but this bill would lower that to an 80% disability rating. Commissioner President Guy has previously said he’s against this idea, and said during the Feb 16th meeting he explained his reasons to Governor Moore recently. Qualifying for a disability rating has become easier, Guy said, with expansion of recognized medical diagnoses. This change in property taxes would reduce the County’s income by several million dollars. A law passed a few years ago allowed the County to implement tiered property tax exemptions for disabled veterans, but the County decided not to do so according to Guy. That law authorizes veterans disabled at 20-50%, 50-74%, and 75-99% to each receive varying property tax exemptions. Commissioner Ostrow has heard feedback from veterans who, he said, felt insulted because these exemptions were for “combat veterans wounded, who paid in blood.” The bill will be heard in the House Ways and Means Committee on 2/20/24; testimony sign up has closed.

House Testimony How To: https://mgaleg.maryland.gov/pubs.../current-jud-faqs.pdf

Senate Testimony How To: https://mgaleg.maryland.gov/pubs.../current-jpr-faqs.pdf