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History of Initiative & Referendum in Maryland

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This article was significantly based on an article published by the Initiative & Referendum Institute and is used with their permission.[1] Some portions of this article may have been adapted from Wikipedia, and information on the page may need to be updated.

Maryland does have a process for citizen-initiated veto referendums, but does not have citizen initiatives.[2]

The Maryland General Assembly may propose amendments to the Maryland Constitution. All legislatively referred constitutional amendments must appear on the ballot for approval by voters. In the legislature, each amendment must be passed by three-fifths of all the members elected to each of the two Houses, by yeas and nays, to be entered on the Journals with the proposed amendment.[3][2]

Background

By 1900, reformers had organized a Maryland Direct Legislation League, with A. G. Eichelberger as its president. Ten years later the League claimed "more than 1,000 active, working members." In 1914, the League promoted an I&R bill sponsored by State Senator William J. Ogden of Baltimore, but the legislature amended it to remove the initiative provision. This "referendum only" amendment passed both houses in 1915 and was ratified by the voters. The following year the League pressed the legislature for an initiative amendment. Their bill passed the senate with only six dissenting votes, but was tabled (effectively killed) in the house by a 66 to 27 vote. Never again did an initiative amendment come close to approval. Charles J. Ogle, secretary of the League in 1916, attributed the failure to the committee chairmen, "a very active lobby against" the initiative amendment, and rural legislators' fear of the Baltimore masses.[4]

Veto referendums 1915-2022

See also: List of Maryland ballot measures

In Maryland, bills passed by the state legislature can be put before voters through a veto referendum petition.

  • Signature requirement: 3 percent of the gubernatorial vote
  • Result of a yes vote: targeted law upheld
  • Result of a no vote: targeted law repealed
  • Allows for veto referendums on emergency legislation
  • Successful veto referendum petitions on non-emergency legislation suspend the targeted law until the election
  • Successful veto referendum petitions on emergency legislation do not suspend the targeted law until the election
Year State Subject Measure Outcome
for target law
2012 Maryland Redistricting Question 5: Congressional Redistricting Maps Upheld
2012 Maryland Marriage Question 6: Same-Sex Civil Marriage Upheld
2012 Maryland Education Question 4: In-State Tuition for Immigrants Without Legal Residence Upheld
2006 Maryland Elections Question 4: Rules Governing State and Local Boards of Elections Upheld
1992 Maryland Abortion Question 6: Prohibit State Involvement in Woman's Abortion Decision Before Viability Upheld
1988 Maryland Firearms Question 3: Prohibit Manufacture and Sale of Certain Handguns Upheld
1974 Maryland Education Question 14: State Services for Private School Students Repealed
1972 Maryland Education Question 18: State Scholarships for Private School Students Repealed
1970 Maryland Government Question 11: Community Development Administration Repealed
1968 Maryland Constitutional rights Question 4: Prohibit Housing Discrimination Repealed
1966 Maryland Transportation Question 17: Chesapeake Bay Toll Bridge Repealed
1964 Maryland Constitutional rights Question 5: Discrimination in Public Accommodations Upheld
1960 Maryland Water Question 16: Ratification of Potomac River Compact Upheld
1950 Maryland Constitutional rights Question 7: Sedition and Subversive Activities Code Upheld
1948 Maryland Terms Question 8: Commissioner of Motor Vehicles Term Repealed
1940 Maryland Government Question 9: State Industrial Accident Commission Appointments and Terms Upheld
1940 Maryland Government Question 8: Creation of Commission of Fisheries Repealed
1938 Maryland Marriage Question 4: 48-Hour Waiting Period for Marriages Upheld

See also

Footnotes