9/6/2024 11:09:20 AM
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Section 6: ECC/ARC/CPI Subject: Political Signs Msg# 1210810
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Maryland Election Law is no longer that which existed two decades and more ago when the current HOA Act political sign restrictions came into effect, Elections are no longer voting at a polling place on a designated day with absentee voting available to those who are unable to go to their polling place.
In the past, I would have had no doubts that a court would agree with the 8-301(a) application of the HOA Act restrictions. With changing in voting, I believe there is reason to question that approach to the restrictions. Maryland Election Law defines Election as "...the process by which voters cast votes on one or more contests under the laws of this State or the United States." The definition expressly includes general elections, primary elections and special elections. Maryland now has early voting and absentee voting is now a mail-in voting available to all registered voters. The start date for voting in early voting is established in the Elections Law. A "no later than" date is established in the Election Law for sending a ballot to a voter who has requested a mail-in ballot. Early voting and voting by mail are part of general, primary and special elections and should be considered in establishing restriction dates for the placing of political signs. Comment on the ARC Guidelines political signs provisions.: The ARC Guidelines provision is what would be enforced. The 30 day Guidelines restriction is "...from a period of thirty (30) days immediately prior to the the election..." There is no reference to general, primary or special election. Jim Trummel |
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For reference, the above message is a reply to a message where: The allowable time for posting political signs under OPA sign regulations (within ARC Guidelines) is 30 days before and 7 days after the general election. This is consistent with State law. Under section 8-301(a) of the Election Law Article of the Maryland Code, the statewide "general election shall be held on" the Tuesday following the first Monday in November, in each even-numbered year. Accordingly, in my view, the 30 day time period runs (backwards) from the day on which the general election occurs under State law, rather than from the day that early voting begins.
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