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Statutes Text

Article - Election Law




§8–701.

    (a)    (1)    The population count used after each decennial census for the purpose of creating the congressional districting plan used to elect the State’s Representatives in Congress:

            (i)    may not include individuals who:

                1.    were incarcerated in State or federal correctional facilities, as determined by the decennial census; and

                2.    were not residents of the State before their incarceration; and

            (ii)    shall count individuals incarcerated in the State or federal correctional facilities, as determined by the decennial census, at their last known residence before incarceration if the individuals were residents of the State.

        (2)    Beginning with the 2020 decennial census:

            (i)    on or before October 31 in the year of each decennial census, the Department of Public Safety and Correctional Services shall submit to the Maryland Department of Planning and the Department of Legislative Services the following identifiable information, in electronic form, for each individual incarcerated in a State correctional facility on April 1 in the year of the decennial census:

                1.    the name of the individual;

                2.    the address of the individual’s last known residence;

                3.    the individual’s race or ethnicity; and

                4.    any other information necessary to fulfill the purposes of this section; and

            (ii)    on or before August 1 in the year of each decennial census, the Maryland Department of Planning and the Department of Legislative Services shall enter into a memorandum of understanding, the terms of which shall require the Department of Planning and the Department of Legislative Services to work collaboratively to:

                1.    summarize the results of the geocoded data created by the Department of Planning as required under COMAR 35.05.01;

                2.    using the geocoded data, identify the individuals incarcerated in a State correctional facility or federal correctional facility in the State that will be included in the adjusted census data under this section;

                3.    make any necessary changes to the Department of Planning’s geocoded database;

                4.    jointly review for accuracy any changes to the census data by any software vendor or other entity; and

                5.    jointly certify, on or before March 15 in the year following each decennial census, the adjusted census data to be used for redistricting under this section.

    (b)    The State is divided into eight districts for the election of the State’s Representatives in Congress.

    (c)    (1)    The descriptions of congressional districts in this subtitle include the references indicated.

        (2)    (i)    The references to:

                1.    election districts and wards are to the geographical boundaries of the election districts and wards as they existed on April 1, 2010; and

                2.    precincts are to the geographical boundaries of the precincts as reviewed and certified by the local boards or their designees, before they were reported to the U.S. Bureau of the Census as part of the 2010 census redistricting data program and as those precinct lines are specifically indicated in the P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Maryland Department of Planning.

            (ii)    Where precincts are split between congressional districts, census tract and block numbers, as indicated in P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and referred to in this subtitle, are used to define the boundaries of congressional districts.