Simone Lawson
Maryland voters can have a say on constitutional amendments, which can have a significant impact on the lives of Marylanders. For instance, in the 2022 midterm elections, Maryland voters decided on five constitutional amendments, including the legalisation of cannabis for recreational use, raising the monetary threshold for civil jury trials, and renaming two state courts. Amendments to the Constitution are proposed by the Maryland General Assembly and placed on the ballot in the next statewide general election. If a majority of voters approve the amendment, it becomes part of the Constitution. Maryland is unique in that its citizens have the power of the veto referendum but not the initiative, meaning they can approve or reject proposed laws but cannot directly propose new laws.
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What You'll Learn
- Maryland voters can decide on the legalisation of cannabis for recreational use
- Voters can amend the Declaration of Rights in the Maryland Constitution to protect reproductive freedom
- Voters can decide to raise the monetary threshold for a right to civil jury trials
- Voters can refine residency requirements for state legislators
- Voters can decide to abolish the orphans' court in Howard County
Maryland voters can decide on the legalisation of cannabis for recreational use
In Maryland, amendments to the Constitution are placed on the ballot in the next statewide general election. If the voters of Maryland approve the constitutional amendment, the change becomes part of the Constitution.
In 2022, Maryland voters decided on five constitutional amendments on the ballot, including the legalization of cannabis for recreational use. Voters were asked: "Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1, 2023, in the State of Maryland?" Maryland voters approved the initiative, legalizing recreational marijuana use for adults 21 and older. Adults will be able to possess up to 1.5 ounces of marijuana, and people caught with larger amounts could face civil fines. The law also includes provisions for a transitional period between January 1 and July 1, 2023, during which possession of under an ounce and a half of marijuana would be subject to a fine of up to $100.
In addition to the legalization of recreational marijuana, other ballot questions in Maryland included renaming the state's appellate courts, changing residency requirements for state legislators, and raising the monetary threshold for the right to a civil jury trial. Maryland voters have the power to directly decide on these constitutional amendments, and their decisions are final and cannot be vetoed by the governor.
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Voters can amend the Declaration of Rights in the Maryland Constitution to protect reproductive freedom
In Maryland, voters have the power to amend the Declaration of Rights in the state's Constitution. This is done through a process that involves both the legislature and the voters. A legislatively referred constitutional amendment requires a 60% supermajority vote in both the Maryland State Senate and the Maryland House of Representatives before it can be put before the voters. If approved by the voters, the amendment becomes part of the Constitution.
In 2024, Maryland voters will decide on the "Right to Reproductive Freedom Amendment", also known as "Question 1". This amendment seeks to guarantee a right to reproductive freedom, which includes "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy". The ballot measure states that this right cannot be denied or infringed upon unless there is a compelling state interest, which must be achieved using the least restrictive means.
The amendment was introduced as Senate Bill 798 (SB 798) on February 6, 2023, and passed the state Senate by a vote of 32-15. It will now go before the voters in the 2024 general election. If approved, the amendment will be added to the Maryland Constitution, providing a permanent protection of reproductive freedom in the state.
Supporters of the amendment argue that it is necessary to protect reproductive rights in Maryland, especially in light of the erosion of these rights in other states. They believe that the amendment provides the highest level of protection for reproductive freedom and ensures access to safe, legal, and accessible abortion and reproductive healthcare.
However, there is also opposition to the amendment. Some argue that amending the Constitution is an extreme measure and that the amendment would restrict the legislature's ability to pass reasonable restrictions on abortion, particularly in late pregnancy. Others believe that enshrining abortion in the Constitution could have unintended legal consequences, such as undermining existing protections for religious freedom and conscience rights.
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Voters can decide to raise the monetary threshold for a right to civil jury trials
In Maryland, voters can directly decide on constitutional amendments through their ballots. One such amendment that voters decided on in the 2022 midterm elections was to raise the monetary threshold for a right to civil jury trials.
The amendment proposed to increase the monetary floor for the right to request a jury trial in a civil proceeding. This would mean that defendants would have the right to demand a jury trial if the amount in dispute is more than $25,000. Previously, the threshold was set at $15,000, which had been in place since 2010 when 66% of voters approved a constitutional amendment to increase it from $10,000. Under the current law, a judge determines the verdict if the amount in dispute is less than $15,000.
Supporters of the amendment argued that increasing the threshold would allow for more efficient resolution of cases in District Court. They claimed that insurance companies and other defendants often request Circuit Court jury trials, which require more time and judicial resources, when plaintiffs seek damages exceeding the current threshold. On the other hand, opponents of the amendment, including Sen. Robert Cassilly, R-Harford, argued that raising the threshold would disadvantage non-corporate defendants of modest means. They believe that these defendants would prefer to have their liability determined by a jury of their peers rather than by a single judge, especially when the financial stakes are high for them.
The amendment to raise the monetary threshold for civil jury trials was one of five constitutional amendments that Maryland voters decided on in the 2022 midterm elections. The others included legalising cannabis for recreational use, refining residency requirements for state legislators, and renaming two state courts. The voters' decisions on these amendments are final and cannot be vetoed by the governor. If approved, these amendments become part of the Maryland Constitution.
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Voters can refine residency requirements for state legislators
In Maryland, voters can directly approve or reject constitutional amendments through the ballot initiative process. In the 2022 election, Maryland voters had a choice to refine residency requirements for state legislators. The current state law requires a person who serves as a senator or delegate to be a Maryland resident for at least one year before the general election and to have lived at least six months in the district they seek to represent before the general election. The district must have been established at least six months prior to the general election.
The ballot measure, if approved by voters, would have taken the residency requirement a step further, requiring candidates to "maintain a primary place of abode" in their prospective district. In other words, a candidate could not run for office in a district where they maintain a part-time or temporary residence. The amendment was sponsored by Sen. Charles Sydnor III (D-Baltimore County), who testified that if lawmakers spend most of their time living outside of their district, it would "prevent a true understanding of the issues" that their constituents face.
The issue of residency requirements for state legislators in Maryland has been controversial in the past. In 1998, then-Senate Majority Leader Clarence W. Blount's residency was challenged in court. Blount owned several properties in Maryland outside of the district he represented and resided at these addresses when recovering from surgeries. The court ruled that Blount was eligible to represent the district because he was domiciled at an address within the district, even though it was not his primary place of abode.
The proposed amendment would have taken effect on January 1, 2024, if it had been approved by voters. It is worth noting that the residency requirements for Maryland legislators are already stricter than those for U.S. Congress members, who only need to live in the state they represent, not the specific district.
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Voters can decide to abolish the orphans' court in Howard County
In Maryland, the Orphans' Court is a probate court that deals with the administration of estates of deceased persons. The judges of the Orphans' Court are responsible for approving appropriate payments made from estates and ensuring that payments are made to the beneficiaries or heirs. The Orphans' Court in Howard County is established through the Maryland Constitution, and its judges are elected by the voters of the county.
In November 2022, Maryland voters were faced with five constitutional amendments on the ballot, one of which was Question 5, also known as the "Requiring Howard County Circuit Court Judges to Serve on Orphan Court Amendment." This amendment proposed to abolish the Orphans' Court in Howard County by repealing the election of its judges and requiring the Howard County Circuit Court judges to preside over Orphans' Court cases. The ballot question stemmed from the belief that the Orphans' Court was a source of voter confusion and that its responsibilities should be transferred to the county's Circuit Court.
Howard County sought to follow the example of Harford and Montgomery counties, which had already amended their constitutions to eliminate the election of Orphans' Court judges and allow Circuit Court judges to decide Orphans' Court cases. The amendment proposed in Howard County aimed to do the same, removing the requirement to elect three orphans' court judges and instead mandating that Circuit Court judges serve in this capacity. This change would have significant implications, as it would impact the appeals process for cases handled by the Orphans' Court.
The voters of Maryland played a crucial role in deciding the fate of the Orphans' Court in Howard County. They had the power to choose whether to support or oppose the constitutional amendment on their ballots. Their decisions carried significant weight, as the outcome of the vote would determine whether the Orphans' Court in Howard County would be abolished and its responsibilities transferred to the Circuit Court. The voters' choices were final and could not be vetoed by the governor.
Ultimately, the voters of Maryland approved the "Requiring Howard County Circuit Court Judges to Serve on Orphan Court Amendment." This decision had statewide implications, as it amended the Maryland Constitution and altered the judicial landscape in Howard County. The approval of this amendment underscored the direct influence that voters can exert on shaping the legal framework within their communities.
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Frequently asked questions
A veto referendum is a type of referendum that gives voters the power to reject a law that has already been passed by the state legislature.
No, Maryland is one of just two states where the people have the power of the veto referendum but not the initiative.
Between 1985 and 2022, 59 ballot measures appeared on statewide ballots in Maryland.
Any bill proposing a constitutional amendment must be published in at least two newspapers in each county and three newspapers in Baltimore, once a week for four weeks before the election. The amendment must then be approved by a majority of voters and becomes part of the Constitution if passed.
Some examples include legalizing cannabis for recreational use, raising the monetary threshold for a right to civil jury trials, and renaming state courts.
