Legalizing weed and other Maryland ballot questions: What you need to know before voting
A handful of statewide ballot questions will be placed before Maryland voters this fall. Each question, if approved, would change the state constitution, and with topics ranging from courts to cannabis, here are some things to know about the questions before you vote.
Ballot Question 1-Renaming of Maryland courts
Americans’ interest in the United States Supreme Court has had reasons for renewal in recent years with the selection of four new justices since 2017, and a number of high profile cases on issues ranging from abortion to voting rights.
State courts, however, have garnered less attention. The first ballot question is one of three pertaining to state level courts that will be asked of Maryland voters in 2022.
The first question asks to change the name of the state’s Court of Special Appeals to the Maryland Appellate Court, and the Court of Appeals would become the Supreme Court of Maryland.
“There is a confusion among people on what the Maryland Court of Appeals really is,” said Sunil Dasgupta, professor of political science at the University of Maryland, Baltimore County. This change would bring the name of the state courts more in line with federal courts naming, with the state’s highest court being named the Supreme Court of Maryland.
Despite the potential changes in name, the duties of the appeals courts would remain the same.
Ballot Question 2 - Additional residency requirement for state legislators
The Maryland Constitution requires legislators to be at least age 25 (for senator) or age 21 (for delegate) on Election Day; a citizen of the State; a resident in the State for at least one year before the date of the election; and reside in the district to which the person has been elected to represent for six months immediately before the day of the election.
The second question on this year’s ballot adds that legislators must maintain a “primary place of abode” in the district they seek to represent at least six months before Election Day.
“If you don’t live in the district then you can’t represent the district well enough,” said Dasgupta, of the idea behind the proposed amendment. While no requirement exists in the federal Constitution for legislators to live in the district they represent, Dasgupta said in local and state elections people want their representatives to be close to them.
“The logic is a little bit more urgent in local and state (elections),” he said.
Ballot Question 3 - Increases the monetary limit for the right to a jury trial
The state currently allows for a jury trial in a civil proceeding in which the amount of the controversy is not less than $15,000. The third ballot question seeks to raise that limit to $25,000.
“The question is: When do you want to trigger a jury trial?” said Dasgupta, noting jury trials are more expensive and take more time. He recounts a history of this limit being raised before, but not since 2010 when it was raised from $10,000 to $15,000.
The 2010 ballot question was approved with 65 percent of the vote.
Ballot Question 4 - Adds an article to the constitution to legalize the use of cannabis (marijuana)
Perhaps not since the question of whether to amend the state constitution to allow for slots has a ballot question garnered as much public attention as adding an article to the state constitution to allow for the legalization of cannabis (marijuana) by those over the age of 21.
“People feel very strongly about it, one way or the other,” said Dasgupta, mentioning that this is the only ballot question of the five where an article may be added to the state constitution. The other four questions propose amendments to the state constitution.
Dasgupta said the state legislature wants to make sure that a majority of voters are on board with the change before they move forward with legalization. The drug remains illegal under the federal Controlled Substance Act, but is permitted for adult recreational use in 18 other states and the District of Columbia.
“The issue really is that this is so controversial,” said Dasgupta, explaining the rational for a constitutional amendment.
Article XX of the Maryland Constitution would provide that on or after July 1, 2023, an individual in the State who is at least 21 years old may use and possess cannabis (otherwise known as marijuana), according to the question summary.
Ballot Question 5 - Abolishes the Howard County Orphans’ Court
The final ballot question, and the third question on the ballot pertaining to courts, has very little to do with orphans in the conventional sense.
The Howard County delegation has proposed amending the state constitution to abolish its Orphans’ Court, which hears its probate cases, and to allow for the county’s Circuit Court to hear the cases instead.
More:Oddly named Orphans' Court on November ballot in Maryland. What you should know
Dasgupta said the abolition of the Orphans’ Court in Howard County would reduce the number of officials for which the electorate has to vote. Others in the state, including a trio of Orphans’ Court judges in Baltimore City, have argued for keeping the court due to its specialized role and lower caseload.
The measure must be approved by a majority of voters in Howard County and a majority of voters statewide for the amendment to take effect.
Ballots were approved by the State Board of Elections on Thursday, and posted online. There are also a number of local ballot questions dependent on one’s county of residence. These local ballot questions do not require changes to the state constitution.
Ballots are scheduled to be printed starting September 12. Mail-in ballots can begin to move on September 24, and Election Day is November 8, 2022 for this year’s general election.
Dwight A. Weingarten is an investigative reporter, covering the Maryland State House and state issues. He can be reached at dweingarten@gannett.com or on Twitter at @DwightWeingart2.
This article originally appeared on The Herald-Mail: MD voters will see these ballot questions in 2022 election
