9/6/2024 12:56:15 PM
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Section 6: ECC/ARC/CPI Subject: Political Signs Msg# 1210823
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Under HOA Act § 11B-111.2A, HOA rules/governing documents -- however they may be drafted -- may not restrict the posting of candidate signs during the time period 30 days "before the . . . general election" and/or 7 days "after the . . . general election."
As I stated, 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. In other words, the Maryland Code defines the general election as occurring on the specified date in early November that is, and always has been, recognized as "election day," which is when votes/ballots (early votes and election day votes) are actually tabulated/counted. OPA sign regulations now provides in pertinent part: "candidate signs and referendum signs are permitted to be posted on or within Ocean Pines lots/properties which are not owned by the Association, for a period of thirty (30) days immediately prior to the election in which the advertised candidate is running for public office or the advertised referendum question is to be voted upon, and for a period of seven (7) days after the election in which the advertised candidate is running for public office or the advertised referendum question is to be voted upon." Although, as you note, the sign regulation does not explicitly use the term "general election," it must be read and interpreted in a manner that conforms with the HOA Act provision that I've cited above, i.e., the term "election" as used within the OPA sign regulation must, legally speaking, be read as referring to the "general election" (or "primary election" as the case may be). The general election, as stated, occurs on a particular date in November, under the express terms of the Code. The 30-day and 7-day periods run from that date, notwithstanding that "early voting" may be occurring (and notwithstanding that absentee ballots may be counted during some period of time after election day). -Bruce Bright |
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For reference, the above message is a reply to a message where: 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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