# Election Law (GEL)

## Title 15.7

### Subtitle 1

#### Section 15.7-104

(a) To determine whether there is polarized voting under Sec. 15.7-103(b)(1) of this title, the court shall consider:

  (1) the methodologies for estimating group voting behavior, as approved in federal case law, to enforce the federal Voting Rights Act of 1965;

  (2) elections of the governing body of the county or municipal corporation;

  (3) ballot question elections;

  (4) elections in which at least one candidate is a member of a protected class; and

  (5) other electoral choices that affect the rights and privileges of members of a protected class.

(b)

  (1) Elections that are conducted before the filing of an action to enforce Sec. 15.7-103(a) of this title are more probative to establish the existence of polarized voting than elections conducted after the filing of an action.

  (2) The following may not preclude a finding of polarized voting that results in an unequal opportunity for a protected class to elect candidates of the members' choice:

    (i) the election of candidates who are members of a protected class and who were elected before the filing of an action to enforce Sec. 15.7-103(a) of this title;

    (ii) nonquantitative or nonstatistical evidence; or

    (iii) low voter turnout or voter registration rates among members of the protected class.

  (3) To establish the existence of polarized voting, the court may not be required to:

    (i) use a set number or combination of elections; or

    (ii) consider the causes of or reasons for polarized voting, including partisan explanations or discriminatory intent.

(c) The fact that members of a protected class are not geographically compact or concentrated may not preclude a finding of polarized voting or a violation of Sec. 15.7-103(a) of this title, but it may be a factor that is considered in determining an appropriate remedy.

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Md. Code Ann., Election Law (as displayed at mgaleg.maryland.gov, October 16, 2026)