Maryland Constitution Article XVI - The Referendum

Here is the text and summary of Article XVI - The Referendum of the Maryland Constitution:

Maryland Constitution - Article XVI: The Referendum

Section 1

The people reserve the power known as The Referendum, by petition to have submitted to the registered voters of the State, to approve or reject at the polls any Act, or part of any Act of the General Assembly if passed by a majority of the elected members of each House, except laws immediately necessary for the preservation of the public health or safety, which shall contain a declaration stating such necessity.

Section 2

A petition to refer a law to the voters must be signed by at least 3% of the qualified voters of the State, and at least 10,000 of them must sign it before the law takes effect.
If sufficient signatures are collected within 90 days after the law is passed, it does not go into effect until approved by a majority of voters in the next general election.

Section 3

If a law is petitioned to referendum, the full text must appear on the ballot, and the vote is for or against the law. If a majority votes against it, the law is null and void.

Section 4

This Article applies only to State-wide laws. Local laws or those limited to specific counties or cities are not subject to referendum under this provision.

Section 5

Laws passed to meet federal requirements, or to ensure the State’s continued eligibility for federal funds, are not subject to referendum.

Summary of Key Points

What It Does: Allows voters to reject state laws passed by the Maryland General Assembly.

Exceptions: Emergency laws and those related to health, safety, or federal compliance are exempt.

Threshold: Requires a petition signed by at least 3% of voters (minimum 10,000) within 90 days.

Effect: Suspends the law until the next election; if rejected by voters, the law is void.

Scope: Only applies to state-wide legislation.

 

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