Section 7-102 - Qualification of questions.

§ 7-102. Qualification of questions.
 

(a)  Constitutional conventions and amendments.-  

(1) A question relating to the holding of a constitutional convention qualifies for the ballot automatically every 20 years pursuant to Article XIV, § 2 of the Maryland Constitution. 

(2) A question relating to the adoption of a new or altered Constitution qualifies upon its adoption by a duly constituted convention pursuant to Article XIV, § 2 of the Maryland Constitution. 

(3) An amendment to the Constitution qualifies upon its passage by the General Assembly pursuant to Article XIV, § 1 of the Maryland Constitution. 

(b)  Act of the General Assembly.- A question on an act of the General Assembly pursuant to Article XVI of the Maryland Constitution qualifies upon the certification under Title 6 of this article, that the petition has satisfied all the requirements established by Article XVI. 

(c)  County charter; code home rule.-  

(1) A question relating to the creation of a home rule county government qualifies upon either: 

(i) a determination by the appropriate local authority that the applicable petition has satisfied all the requirements established by law relating to the creation of a charter board; or 

(ii) the adoption by the governing body of a county of an enactment proposing that the county become a code county. 

(2) A question relating to the approval of a county charter qualifies upon the adoption of a proposed charter by a charter board pursuant to the requirements prescribed by Article XI-A of the Maryland Constitution. 

(3) A question relating to the amendment of a county charter shall qualify either upon: 

(i) the passage by the governing body of the county of a resolution proposing the amendment; or 

(ii) a determination by the governing body of the county that a petition submitted has satisfied all the requirements established by law relating to petitions initiating charter amendments. 

(d)  Creation of a new county or alteration of county boundaries.- A question relating to the creation of a new county or the alteration of county boundaries qualifies upon the enactment of the implementing public general law. 

(e)  Questions referred by the General Assembly.- A question referred to the voters as provided in an enactment of the General Assembly qualifies upon the enactment of the law calling for the question. 

(f)  County enactments.-  

(1) A question on an enactment by a charter county qualifies pursuant to local law and Article 25A, § 8 of the Code. 

(2) A question on an enactment by a code county qualifies pursuant to local law and Article 25B, § 10 of the Code. 

(g)  Incorporation of a new municipal corporation.- A question relating to the incorporation of a new municipal corporation qualifies upon the determination by the county governing body that the applicable petition has satisfied all the requirements established by law for that petition. 

(h)  Bond.- A referendum on a question of issuance of a bond pursuant to § 9-934 of the Environment Article qualifies upon submission of the question to the appropriate local board. 
 

[An. Code 1957, art. 33, § 7-102; 2002, ch. 291, §§ 2, 4.]