9/10/2024 10:33:34 AM
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Section 6: ECC/ARC/CPI Subject: Political Signs Msg# 1211028
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The HOA Act 11B-111.2 political signs 30-day provision comes from a time more than 25 years ago when the casting of votes was limited to a single day. Using it to define the timing of political signs in the casting of votes today is not a substantial foundation for argument.
COMAR That mail-in and early votes are not tabulated/counted until election day is relevant only to not affecting the voting participation of those who have not yet voted. However, restrictions on political speech are relevant to efforts to influence those who have not yet voted, whether it is mail-in early or election day. The start of casting a vote by mail-in cannot be definitively determined under the Election Law. However, the date certain for starting the casting of early votes can be determined. The 30-day provision for placing political signs is properly established from the start of early voting. Jim Trummel |
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For reference, the above message is a reply to a message where: 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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