Maryland Constitution Article XI-A - Local Legislation
Here’s a refined summary of Article XI‑A – Local Legislation of the Maryland Constitution, which outlines the framework for local governments (Baltimore City and counties) to adopt home-rule charters and legislate independently:
🏛️ Section 1 – Charter Boards
The Mayor & City Council of Baltimore (or a county’s commissioners) or a petition of ≥20% of registered voters (or 10,000 signatures) may demand an election for a charter board.
Nominees are selected either by the governing body ≥40 days before or by petition ≥20 days before (5% of registered voters or 2,000 signatures).
If voters approve forming the board, the top nominees (11 for Baltimore, 5 for counties) constitute the charter board.
Within 18 months, the board must draft a charter, publish it, and submit it at the next general or congressional election.
A majority vote adopts the charter as law (30 days later), superseding conflicting local laws (law.justia.com).
Section 2 – Express Powers & Legislative Authority
After charter adoption, the General Assembly must grant express powers via public general law.
Charters cannot expand beyond these powers, but the Assembly may modify them (law.justia.com).
Section 3 – Home‑Rule Legislative Body
Every charter must establish an elected legislative body:
City Council in Baltimore,
County Council elsewhere.
If included in the charter, there may also be a County Executive or Mayor of Baltimore; otherwise, a presiding officer is designated (law.justia.com).
Councils gain full authority to enact, amend, or repeal local laws on charter-defined topics—though general state laws override in case of conflict (law.justia.com).
For counties, charters set when (up to 45 days/year) council can legislate, and publication requirements apply prior to and after passage (law.justia.com).
This does not allow county councils to override incorporated municipalities’ powers .
Section 3A – Council Election Methods
Charters may specify how councilmembers are elected: by districts, at-large, or a combination (msa.maryland.gov).
Section 4 – Prohibition on State Local Laws
Once a charter is in effect, the General Assembly cannot pass public local laws applying only to that jurisdiction on charter-related matters.
Laws covering multiple jurisdictions are not considered “local” and thus permissible (law.justia.com).
Section 5 – Charter Amendments
Amendments may be proposed via resolution by the Mayor and Council or petition signed by ≥20% of registered voters (minimum 10,000).
Amendments are submitted to voters at the next general or congressional election.
If approved by majority and publicly advertised weekly for five weeks, amendments take effect 30 days post-election (msa.maryland.gov).
Section 6 – Transfer of Powers
The power of the General Assembly to determine county commissioners’ structure, compensation, and duties transfers to local voters through the charter process.
Charters cannot exceed powers already granted by statute (msa.maryland.gov).
Section 7 – Petition Standards
Defines petition format: each signature page must include an affidavit verifying signatures by the petition circulator.
The legislature will set verification procedures and penalize forgery or false affidavits as perjury (msa.maryland.gov).
🧭 Overall Takeaway
Article XI‑A formalizes home rule in Maryland, enabling local jurisdictions to craft and amend their own charters, legislate on charter-defined matters, and shield themselves from state-level local interference—provided they follow democratic and procedural safeguards.
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