Montgomery County

Court of Special Appeals, At Large

Should Ellen L. Hollander be retained as Maryland Specials Appeals Court Judge, At Large?

Court of Appeals, 7th Appellate Circuit

Should Irma S. Raker be retained as Maryland Appeals Court Judge in the 7th Appellate Circuit?

Court of Special Appeals, 7th Appellate Circuit

Should Patrick L. Woodward be retained as Maryland Specials Appeals Court Judge in the 7th Appellate Circuit?

Question A: Compensation of Councilmembers

Amend Section 107 of the County Charter to specify that membership on the Council must be considered a full-time position for the purpose of setting Council members compensation.

Question B: Charter amendment by act of County Council

Amend Section 208 of the County Charter to clarify when the County Council must send enacted legislation to the County Executive and when the Executive must act on that legislation.

Question One: Disposition of Park Lands

Shall Article XII-Public Works be amended?

This constitutional amendment says the Board of Public Works may not approve the sale, transfer, exchange, grant or other permanent disposition of any state-owned outdoor recreation, open space, conservation, preservation, forest, or park land without the express approval of the General Assembly or of a committee that the General Assembly designates by statute, resolution or rule.

Question Two: Circuit Court in Banc Decisions

Shall Article IV-Judiciary Department be amended?

This constitutional amendment establishes the right of a party who did not request in banc review by the circuit court to appeal an adverse decision by the in banc court to the State's intermediate appellate court, the Court of Special Appeals. The amendment provides that a party in a circuit court trial conducted by less than three circuit court judges is eligible for in banc review. The amendment establishes that three judges of a circuit court constitute a circuit court in banc. The amendment repeals the authority of the circuit courts to regulate the rules governing in banc circuit court appeals, and establishes that the Maryland Rules are to provide the procedure for such appeals. The amendment also eliminates obsolete language pertaining to writs of error from this provision of the Constitution.

Question Three: Civil Jury Trials

Shall the Declaration of Rights, Article 5, be amended?

This constitutional amendment authorizes the enactment of legislation that limits the right to trial by jury in civil proceedings to those proceedings in which the amount in controversy exceeds $10,000.

Question Four: Election Law Revisions

Shall Election Law 2-102, 2-103, 2-202, 2-202.1, 2-206, 2-301, 2-303, 3-501, 10-302, be amended?

Special Note: Provisions of this legislation would have amended prior legislation providing an early voting option to voters in primary and general elections. The early voting provisions of this legislation have been declared unconstitutional by court action; the remaining provisions of House Bill 1368 that are subject to this referendum are summarized below.

Requires power and duties assigned to the State Board of Elections to be exercised in accordance with an affirmative vote by a supermajority of the members of the State Board; requires local boards of elections to establish new precincts to serve certain higher educational institutions; requires local boards to adopt regulations concerning voter registration and to allow public notice and comment concerning proposed changes in precinct boundaries; requires local boards of elections to make public reports concerning deletion of individuals from the voter registry and concerning the number of voter registration applications received; authorizes the State Elections administrator to take specified actions to ensure compliance with State elections laws by local election boards and personnel, requires that certain provisions of this legislation apply only to certain jurisdictions and will remain effective until June 30, 2008; requires all polling places to be equipped with computers containing a record of all registered voters in the county.