# Election Law (GEL)

## Title 6. Petitions

### Subtitle 1. Definitions and General Provisions

#### Section 6-101

(a) In this title the following words have the meanings indicated.

(b) "Affidavit" means a statement executed under penalty of perjury.

(c) "Chief election official" means:

  (1) as to the State Board, the State Administrator; or

  (2) as to a local board, the election director.

(d) "Circulator" means an individual who attests to one or more signatures affixed to a petition.

(e) "Election authority" means:

  (1) the State Board; or

  (2) as to a local petition, the local board for that county.

(f) "Legal authority" means:

  (1) the Attorney General; or

  (2) as to a local petition, the counsel to the local board appointed under Sec. 2-205 of this article for that county.

(g) "Local petition" means a petition:

  (1) on which the signatures from only one county may be counted; and

  (2) that does not seek to:

    (i) refer a public local law enacted by the General Assembly; or

    (ii) nominate an individual for an office for which a certificate of candidacy is required to be filed with the State Board.

(h) "Page" means a piece of paper comprising a part of a petition.

(i) "Petition" means all of the associated pages necessary to fulfill the requirements of a process established by the law by which individuals affix their signatures as evidence of support for:

  (1) placing the name of an individual, the names of individuals, or a question on the ballot at any election;

  (2) the creation of a new political party; or

  (3) the appointment of a charter board under Article XI-A, Sec. 1A of the Maryland Constitution.

(j) "Sponsor" means the person who coordinates the collection of signatures for a petition and who, if the petition is filed, is named on the information page as required by Sec. 6-201 of this title.

#### Section 6-102

(a) Except as provided in subsection (b) of this section, this title applies to any petition authorized by law to place the name of an individual or a question on the ballot or to create a new political party.

(b) This title does not apply to a petition filed pursuant to Division II of the Local Government Article.

(c) This title may not be interpreted to conflict with any provision relating to petitions specified in the Maryland Constitution.

#### Section 6-103

(a)

  (1) The State Board shall adopt regulations, consistent with this title, to carry out the provisions of this title.

  (2) The regulations shall:

    (i) prescribe the form and content of petitions;

    (ii) specify procedures for the circulation of petitions for signatures;

    (iii) specify procedures for the verification and counting of signatures; and

    (iv) provide any other procedural or technical requirements that the State Board considers appropriate.

(b)

  (1) The State Board shall:

    (i) prepare guidelines and instructions relating to the petition process; and

    (ii) design and arrange to have sample forms available to the public conforming to this title for each purpose for which a petition is authorized by law.

  (2) When preparing guidelines and instructions for compliance with the plain language requirement of Sec. 6-201(c)(2)(ii) of this title, the State Board shall:

    (i) consider any generally accepted guidelines regarding compliance with the federal Plain Writing Act of 2010; and

    (ii) prohibit the use of the passive voice, legal jargon, and double negatives.

  (3) The guidelines, instructions, and forms shall be provided to the public, on request, without charge.

### Subtitle 2. Content and Process of Petitions

#### Section 6-201

(a) A petition shall contain:

  (1) an information page; and

  (2) signature pages containing not less than the total number of signatures required by law to be filed.

(b) The information page shall contain:

  (1) a description of the subject and purpose of the petition, conforming to the requirements of regulations;

  (2) identification of the sponsor and, if the sponsor is an organization, of the individual designated to receive notices under this subtitle;

  (3) the required information relating to the signatures contained in the petition;

  (4) the required affidavit made and executed by the sponsor or, if the sponsor is an organization, by an individual responsible to and designated by the organization; and

  (5) any other information required by regulation.

(c) Each signature page shall contain:

  (1) a description of the subject and purpose of the petition, conforming to the requirements of regulations;

  (2) if the petition seeks to place a question on the ballot:

    (i) a brief title that describes the topic, goal, or outcome of the ballot question;

    (ii)

      (1) a fair and accurate summary of the substantive provisions of the proposal written in plain, clear language that:

      (A) a voter can easily understand;

      (B) does not explain the legal mechanism providing for the policy change; and

      (C) does not contain legal jargon or use double negatives or the passive voice; or

      (2) the full text of the proposal; and

    (iii) a brief statement explaining what the practical outcome of each voting choice would be;

  (3) a statement, to which each signer subscribes, that:

    (i) the signer supports the purpose of that petition process; and

    (ii) based on the signer's information and belief, the signer is a registered voter in the county specified on the page and is eligible to have his or her signature counted;

  (4) spaces for signatures and the required information relating to the signers;

  (5) a space for the name of the county in which each of the signers of that page is a registered voter;

  (6) a space for the required affidavit made and executed by the circulator; and

  (7) any other information required by regulation.

(d) If the petition seeks to place a question on the ballot and the sponsor elects to print a summary of the proposal on each signature page as provided in subsection (c)(2)(ii)1 of this section:

  (1) the circulator shall have the full text of the proposal present at the time and place that each signature is affixed to the page; and

  (2) the signature page shall state that the full text is available from the circulator.

(e) A signature page shall satisfy the requirements of subsections (c) and (d)(2) of this section before any signature is affixed to it and at all relevant times thereafter.

#### Section 6-202

(a)

  (1) The format of the petition prepared by a sponsor may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency.

  (2) In making the determination under this subsection, the chief election official may seek the advice of the legal authority.

(b)

  (1) When determining the sufficiency under subsection (a) of this section of a petition that seeks to place a question regarding a local law or charter amendment on a ballot, the election director of the local board shall determine the sufficiency of any summary of the local law or charter amendment that is contained in the petition.

  (2) If the election director determines that the summary of the local law or charter amendment is insufficient, the election director shall provide the sponsor with a clear, concise, and understandable explanation of the reasons for the determination.

  (3) In making the determination under this subsection, the election director may seek the advice of:

    (i) the counsel to the local board; or

    (ii) the Attorney General.

#### Section 6-203

(a) To sign a petition, an individual shall:

  (1) sign the individual's name as it appears on the statewide voter registration list or the individual's surname of registration and at least one full given name and the initials of any other names; and

  (2) include the following information, printed or typed, in the spaces provided:

    (i) the signer's name as it was signed;

    (ii) the signer's address;

    (iii) the date of signing; and

    (iv) other information required by regulations adopted by the State Board.

(b) The signature of an individual shall be validated and counted if:

  (1) the requirements of subsection (a) of this section have been satisfied;

  (2) the individual is a registered voter assigned to the county specified on the signature page and, if applicable, in a particular geographic area of the county;

  (3) the individual has not previously signed the same petition;

  (4) the signature is attested by an affidavit appearing on the page on which the signature appears;

  (5) the date accompanying the signature is not later than the date of the affidavit on the page; and

  (6) if applicable, the signature was affixed within the requisite period of time, as specified by law.

(c)

  (1) A signature may be removed:

    (i) by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature; or

    (ii) prior to the filing of that signature, by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title.

  (2) A signature removed pursuant to paragraph (1)(ii) of this subsection may not be included in the number of signatures stated on the information page included in the petition.

#### Section 6-204

(a) Each signature page shall contain an affidavit made and executed by the individual in whose presence all of the signatures on that page were affixed and who observed each of those signatures being affixed.

(b) The affidavit shall contain the statements, required by regulation, designed to assure the validity of the signatures and the fairness of the petition process.

(c) A circulator must be at least 18 years old at the time any of the signatures covered by the affidavit are affixed.

#### Section 6-205

(a)

  (1) Unless otherwise required by the Maryland Constitution, a petition shall be filed, in person by or on behalf of the sponsor, in the office of the appropriate election authority.

  (2) If the Maryland Constitution provides that a petition shall be filed with the Secretary of State, the Secretary of State shall deliver the petition to the State Board within 24 hours.

  (3) If the Maryland Constitution provides that a petition shall be filed with an official or a governmental body of a county, the official or governmental body, after determining that the petition is in conformance with the requirements of law, shall dispatch the petition to the local board for that county within 24 hours.

  (4) A petition forwarded under paragraph (2) or (3) of this subsection shall be processed under this subtitle as if it had been filed with the election authority.

(b) The regulations adopted by the State Board may provide that the signature pages of a petition required to be filed with the State Board be delivered by the sponsor, or an individual authorized by the sponsor, to the appropriate local board or boards for verification and counting of signatures.

(c) A petition may not be accepted for filing unless the information page indicates that the petition satisfies any requirements established by law for the time of filing and for the number and geographic distribution of signatures.

(d) Subsequent to the filing of a petition under this subtitle, but prior to the deadline for filing the petition, additional signatures may be added to the petition by filing an amended information page and additional signature pages conforming to the requirements of this subtitle.

#### Section 6-206

(a) Promptly upon the filing of a petition with an election authority, the chief election official of the election authority shall review the petition.

(b) Unless a determination of deficiency is made under subsection (c) of this section, the chief election official shall:

  (1) make a determination that the petition, as to matters other than the validity of signatures, is sufficient; or

  (2) defer a determination of sufficiency pending further review.

(c) The chief election official shall declare that the petition is deficient if the chief election official determines that:

  (1) the petition was not timely filed;

  (2) after providing the sponsor an opportunity to correct any clerical errors, the information provided by the sponsor indicates that the petition does not satisfy any requirements of law for the number or geographic distribution of signatures;

  (3) an examination of unverified signatures indicates that the petition does not satisfy any requirements of law for the number or geographic distribution of signatures;

  (4) the requirements relating to the form of the petition have not been satisfied;

  (5) based on the advice of the legal authority:

    (i) the use of a petition for the subject matter of the petition is not authorized by law; or

    (ii) the petition seeks:

      (1) the enactment of a law that would be unconstitutional or the election or nomination of an individual to an office for which that individual is not legally qualified to be a candidate; or

      (2) a result that is otherwise prohibited by law; or

  (6) the petition has failed to satisfy some other requirement established by law.

(d) A determination under this section may not be inconsistent with an advance determination made under Sec. 6-202 of this subtitle.

(e) Notice of a determination under this section shall be provided in accordance with Sec. 6-210 of this subtitle.

#### Section 6-207

(a)

  (1) Upon the filing of a petition, and unless it has been declared deficient under Sec. 6-206 of this subtitle, the staff of the election authority shall proceed to verify the signatures and count the validated signatures contained in the petition.

  (2) The purpose of signature verification under paragraph (1) of this subsection is to ensure that the name of the individual who signed the petition is listed as a registered voter.

(b) The State Board, by regulation, shall establish the process to be followed by all election authorities for verifying and counting signatures on petitions.

(c)

  (1) The process established under subsection (b) of this section shall provide for optional verification of a random sample of signatures contained in a petition.

  (2) Verification by random sample may only be used, with the approval of the State Board:

    (i) for a single-county petition containing more than 500 signatures; or

    (ii) in the case of a multicounty petition, by a local board that receives signature pages containing more than 500 signatures.

  (3) Verification under this subsection shall require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. That percentage shall be applied to the total number of signatures in the petition to establish the number of valid signatures for the petition.

  (4)

    (i) If the random sample verification establishes that the total number of valid signatures does not equal 95% or more of the total number required, the petition shall be deemed to have an insufficient number of signatures.

    (ii) If the random sample verification establishes that the total number of valid signatures exceeds 105% of the total number required, the petition shall be deemed to have a sufficient number of signatures.

    (iii) If the random sample verification establishes that the total number of valid signatures is at least 95% but not more than 105% of the total number required, a verification of all the signatures in the petition shall be conducted.

#### Section 6-208

(a) At the conclusion of the verification and counting processes, the chief election official of the election authority shall:

  (1) determine whether the validated signatures contained in the petition are sufficient to satisfy all requirements established by law relating to the number and geographical distribution of signatures; and

  (2) if it has not done so previously, determine whether the petition has satisfied all other requirements established by law for that petition and immediately notify the sponsor of that determination, including any specific deficiencies found.

(b) If a petition sponsor's ballot issue committee fails to provide proof of filing the report required under Sec. 13-309(e) of this article, the chief election official may not certify the petition.

(c) If the chief election official determines that a petition has satisfied all requirements established by law relating to that petition, the chief election official shall certify that the petition process has been completed and shall:

  (1) with respect to a petition seeking to place the name of an individual or a question on the ballot, certify that the name or question has qualified to be placed on the ballot;

  (2) with respect to a petition seeking to create a new political party, certify the sufficiency of the petition to the chairman of the governing body of the partisan organization; and

  (3) with respect to the creation of a charter board under Article XI-A, Sec. 1A of the Maryland Constitution, certify that the petition is sufficient.

(d) Notice of a determination under this section shall be provided in accordance with Sec. 6-210 of this subtitle.

#### Section 6-209

(a)

  (1) A person aggrieved by a determination made under Sec. 6-202, Sec. 6-206, or Sec. 6-208(a)(2) of this subtitle may seek judicial review:

    (i) in the case of a statewide petition, a petition to refer an enactment of the General Assembly pursuant to Article XVI of the Maryland Constitution, or a petition for a congressional or General Assembly candidacy, in the Circuit Court for Anne Arundel County; or

    (ii) as to any other petition, in the circuit court for the county in which the petition is filed.

  (2) The court may grant relief as it considers appropriate to ensure the integrity of the electoral process.

  (3) A judicial proceeding under this section shall be conducted in accordance with the Maryland Rules, except that:

    (i) the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and

    (ii) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days after the date of the decision of the circuit court.

  (4) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (3)(ii) of this subsection as expeditiously as the circumstances require.

(b) Pursuant to the Maryland Uniform Declaratory Judgments Act and upon the complaint of any registered voter, the circuit court of the county in which a petition has been or will be filed may grant declaratory relief as to any petition with respect to the provisions of this title or other provisions of law.

#### Section 6-210

(a)

  (1) A request for an advance determination under Sec. 6-202 of this subtitle shall be submitted at least 30 days, but not more than 2 years and 1 month, prior to the deadline for the filing of the petition.

  (2) Except as provided in paragraph (3) of this subsection, within 5 business days of receiving a request for an advance determination, the election authority shall make the determination.

  (3) Within 10 business days of receiving a request for an advance determination of the sufficiency of a summary of a local law or charter amendment contained in a petition under Sec. 6-202(b) of this subtitle, the election director shall make the determination.

(b) Within 2 business days after an advance determination under Sec. 6-202 of this subtitle, or a determination of deficiency under Sec. 6-206 or Sec. 6-208 of this subtitle, the chief election official of the election authority shall notify the sponsor of the determination.

(c)

  (1) Except as provided in paragraph (2) of this subsection, the verification and counting of validated signatures on a petition shall be completed within 20 days after the filing of the petition.

  (2) If a petition seeks to place the name of an individual on the ballot for a special election, the verification and counting of validated signatures on the petition shall be completed within 10 days after the filing of the petition.

(d) Within 1 business day of the completion of the verification and counting processes, or, if judicial review is pending, within 1 business day after a final judicial decision, the appropriate election official shall make the certifications required by Sec. 6-208 of this subtitle.

(e)

  (1) Except as provided in paragraph (2) of this subsection, any judicial review of a determination, as provided in Sec. 6-209 of this subtitle, shall be sought by the 10th day following the determination to which the judicial review relates.

  (2)

    (i) If the petition seeks to place the name of an individual or a question on the ballot at any election, except a presidential primary election, judicial review shall be sought by the day specified in paragraph (1) of this subsection or the 69th day preceding that election, whichever day is earlier.

    (ii) If the petition seeks to place the name of an individual on the ballot for a presidential primary election in accordance with Sec. 8-502 of this article, judicial review of a determination made under Sec. 6-208(a)(2) of this subtitle shall be sought by the 5th day following the determination to which the judicial review relates.

    (iii) If the petition seeks to place the name of an individual on the ballot for a special election, judicial review shall be sought by the 2nd day following the determination to which the judicial review relates.

  (3)

    (i) A judicial proceeding under this subsection shall be conducted in accordance with the Maryland Rules, except that:

      (1) the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and

      (2) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days after the date of the decision of the circuit court.

    (ii) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under subparagraph (i)2 of this paragraph as expeditiously as the circumstances require.

#### Section 6-211

Offenses and penalties relating to the petition process shall be as provided in Title 16 of this article.

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