Bill Summary – FastDemocracy

SB 766
                                  Department of Legislative Services
                                             Maryland General Assembly
                                                   2021 Session
                                         FISCAL AND POLICY NOTE
                                                First Reader
Senate Bill 766               (Senator Washington)
Education, Health, and Environmental Affairs
     State Board of Elections and Local Boards of Elections - Membership and Staff
This bill establishes requirements relating to the State Board of Elections’ (SBE)
membership, including that members have specified experience and knowledge and not
serve more than two consecutive terms. The bill also requires that SBE appoint a Racial
Equity Coordinator. The bill transfers the authority to appoint and remove members of the
local boards of elections from the Governor to the county executive or the governing body
of the county.
                                                      Fiscal Summary
State Effect: General fund expenditures increase by $74,400 in FY 2022, with ongoing
costs in future years. Revenues are not affected.
      (in dollars)               FY 2022                FY 2023               FY 2024               FY 2025                FY 2026
   Revenues                                $0                    $0                     $0                    $0                    $0
   GF Expenditure                      74,400                88,100                 90,800                94,000                97,300
   Net Effect                       ($74,400)             ($88,100)              ($90,800)             ($94,000)             ($97,300)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: None.
Small Business Effect: None.
                                         Analysis
Bill Summary:
State Board of Elections Membership
The bill requires that each member of SBE have (1) at least five years of experience
administering elections and (2) an extensive knowledge of the State’s election laws. The
bill limits members to serving not more than two (in place of not more than three)
consecutive terms. The bill also requires the Maryland Association of Election Officials to
submit to the Governor the name of at least one eligible individual whom the Governor
may appoint as a member of the State board.
Racial Equity Coordinator
The bill requires that a Racial Equity Coordinator be appointed by SBE and receive a salary
as provided in the State budget. The Racial Equity Coordinator must (1) ensure that all
registered voters in each district across the State receive the same treatment and access to
resources; (2) investigate racial disparities in ballot access and voter turnout across the
State; and (3) make recommendations to SBE on ways to improve racial equity in the
administration of elections in the State. By December 1 of each year, beginning in 2021,
the Racial Equity Coordinator must submit a report to the General Assembly on the
coordinator’s activities, findings, and any recommendations made to SBE for the
immediately preceding year. Each report must be published on SBE’s website.
Appointment and Removal of Local Board of Elections Members
The bill transfers the authority to appoint and remove members of the local boards of
elections from the Governor to the county executive or the governing body of the county.
Current Law:
State Board of Elections
SBE consists of five members. Members serve staggered, four-year terms and may not
serve more than three consecutive terms. Each member must (1) be appointed by the
Governor, with the advice and consent of the Senate of Maryland; (2) be a registered voter
in the State for the five years immediately preceding the appointment; (3) be eligible for
reappointment, subject to the limit of three consecutive terms; (4) conform to restrictions
on specified political activity; and (5) be subject to removal by the Governor for
incompetence, misconduct, or other good cause.
SB 766/ Page 2
Each member must be a member of one of the principal political parties, and a person may
not be appointed if the appointment will result in the board having more than three or fewer
than two members of the same principal political party. The Governor must appoint as a
member an individual whose name is submitted to the Governor by the State central
committee of the principal political party entitled to the appointment.
Local Boards of Elections
Except in Montgomery and Prince George’s counties, each local board of elections consists
of five regular members. Three members must be of the majority party, and two members
must be of the principal minority party. The board of elections in Montgomery County
consists of five regular members and two substitute members. Three regular members and
one substitute member must be of the majority party, and two regular members and
one substitute member must be of the principal minority party. The board of elections in
Prince George’s County consists of five regular members and three substitute members.
Four regular members and two substitute members must be of the majority party, and
one regular member and one substitute member must be of the principal minority party.
The Governor generally appoints board members from a list of eligible individuals
submitted by the county central committee of the applicable party and may remove a
member for incompetence, misconduct, or other good cause. Appointments are subject to
confirmation by the Senate, except in Caroline, Dorchester, and Kent counties if there is
no resident Senator of the particular county, in which case confirmation is by the House of
Delegates.
State Fiscal Effect: General fund expenditures increase by $74,402 in fiscal 2022, which
accounts for the bill’s October 1, 2021 effective date. This estimate reflects the cost of
hiring (appointing) the Racial Equity Coordinator pursuant to the bill. It includes a salary,
fringe benefits, one-time start-up costs, and ongoing operating expenses.
         Position                                                              1
         Salaries and Fringe Benefits                                    $68,821
         Operating Expenses                                                5,581
         Total FY 2022 State Expenditures                                $74,402
Future year expenditures reflect a full salary with annual increases and employee turnover
and ongoing operating expenses.
SB 766/ Page 3
                             Additional Information
Prior Introductions: None.
Designated Cross File: HB 1249 (Delegate Washington) - Ways and Means.
Information Source(s): State Board of Elections; Governor’s Office; Worcester County;
Department of Legislative Services
Fiscal Note History:    First Reader - March 1, 2021
an/hlb
Analysis by: Scott D. Kennedy                      Direct Inquiries to:
                                                   (410) 946-5510
                                                   (301) 970-5510
SB 766/ Page 4
Statutes affected: 
Text - First - State Board of Elections and Local Boards of Elections - Membership and Staff: 2-101 Election Law, 2-103.1 Election Law, 2-201 Election Law