Welcome Howard County Connect

 

Howard County Connect is a non-for-profit organization founded by Howard County citizens. The organization’s mission is to connect Howard County voters together and in so doing, assist those in protecting and effectively exercising the right of referendum found in Section 211 of the Howard County Charter. This right of referendum allows Howard County voters to reject or approve at the polls decisions made by the Howard County Council (except appropriations for current expenses) which affect in a material way the people of the county.

In support of its mission, Howard County Connect is establishing a contact database to help concerned citizens quickly gather signatures needed to place decisions of the County Council on the ballot.   Because of a history of the circumvention of this referendum right, Howard County Connect, also, is dedicated to taking actions necessary to ensure that the right of referendum can be fully exercised by the voters of the county.

Howard County Connect will:

  1. Provide technical assistance to help Howard County citizens
  2. Establish and use the a contact database to notify interested voters of referendum efforts, including notifying voters where and when they can sign petitions

(This database will only be used for this purpose.  Registered users will be allowed to opt into have their email given to Land use and Howard county issues.)

If you are registered Howard county voter interested in making your voice heard, please register here.  SignUp

Howard County Connect is here to help make your voice heard.

 

 FREQUENTLY ASKED QUESTIONS

 

What is the Right of Referendum?

There are two types of referenda found in the United States. The first type is called -compulsory referendum.- This type requires that before a decision made by a legislative body can go into effect, the decision must be approved by the vote of the people. An example of this would be a requirement that before a change in zoning could go into effect, it would have to be approved by the voters at the polls. Howard County does not have this type of referenda, although it could if voters amended the county charter to require it. The second type of referenda is called facultative referendum. . This type allows voters to approve or reject at the polls specific actions taken by the legislative body if certain statutory requirements (such as obtaining the signatures of a specified number of voters within a certain time period) is met.

The Howard County charter provides for this second type of referendum.

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What is the basis for Referendum in Howard County?

Section 211 of the Howard County Charter specifically reserves the right of referendum to county voters. Article XI-A of the Maryland Constitution allows such reservation. The United States Supreme Court has affirmed the referendum as a -basic instrument of democratic government.- Eastlake v. Forest City Enterprises, Inc., 426 U.S. 668, 679, 96 S. Ct. 2358, (1976).

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How does the Referendum work in Howard County?

As specified in Section 211, a -law- or a -part of any law- passed by the County Council will be placed on the ballot for rejection or approval by Howard County voters at the next election for members of the U.S. House of Representatives, when: The signatures of 5,000 registered Howard County voters are presented to the supervisors of the board of elections within 60 days after the law is enacted, and the petition meets the technical requirements of the charter. Note: If the signatures of 2500 registered voters is presented to the Board of Elections within the first 60 days, the charter provides that the timeframe for collecting the remaining 2,500 signatures will be extended for an additional 60 days.

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What types of actions are Subject to Referendum?

All -legislative acts- (a phrase synonymous with the term -law-) passed by the County Council (except those specifically exempted in the charter, i.e. appropriations for current expenses) can be petitioned to referendum. A “Legislative Act” is --any decision of the County Council creating liability or affecting in any important or material manner the people of the county; ex., floating of bonds, extension of water and sewer lines, changes in land use/zoning, establishment of criminal penalties for various acts; changes to subdivision regulations, etc.;-any new plan or policy of general application; (i.e., changes in the General Plan, the Preliminary Development Plan for Columbia, etc.); and--any permanent rule of conduct or government to continue in force until repealed. (creation/abolition of county agencies, amendments to open/closed chart for schools).

The only actions taken by the County Council not subject to referendum are legislative acts which are explicitly excluded from referendum by the charter, and actions which or are not -legislative- in nature. These actions typically--deal with matters of a special or temporary character and matters which are simply expressions of opinion or mind and certain business items, normally related to the administrative business of government. They would include appointments of persons to board, actions taken expressing the sentiment of the Council.

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Circumvention of the Right of Referendum

Both Article XI-A of the Maryland Constitution and the Howard County charter (Sections 202, 207) provide that the County Council makes decisions which in effect are “legislative acts” or “laws.” Section 209 of the charter further provides that all such “ laws” be passed in a specific way—by original bill—and through a particular process. Original bills approved by the County Council have the status of a “law’ and thus are subject to petitioning to referendum. Actions not having the status of “law,” such as those described above of a temporary character, or expressions of Council sentiment, are passed by the Council by resolution. A resolution is not subject to petitioning to referendum.

Historically, the right of referendum periodically has been circumvented by public officials through a variety of means including:

--having executive branch officials make legislative decisions which are required in the charter to be made by the Council;

--having the County Council approve “legislative acts” by resolution instead of by original bill;

and --allowing Boards, such as the Zoning Board and the Planning Board to make binding legislative decisions.

An example of the first type of circumvention: In the “Tower” case in Columbia, the Director or the Department of Planning & Zoning ignored the fact that the property at issue did not have the zoning necessary for the proposed use and approved the use anyway. Such approval effectively changed the zoning on the property, without allowing the change to be brought to referendum. Changing the permitted use of a property is a classically legislative act, which should be subject to referendum. The second type of circumvention: Up until 1994 the County Council passed the General Plan by resolution instead of by original bill. The County Council still passes major plans of general application, including the Parks and Recreation Plan and the Master Plan for Water and Sewer by resolution instead of by bill the third type of circumvention: Two Examples: The County Council, sitting as a “Zoning Board” rezones properties, and also adopts what in essence are “General Plans” for certain areas of the county, including Columbia, and MXD districts, through processes which do not culminate in the passage of an original bill subject to petitioning for referendum; and The Planning Board effectively zones properties in Columbia and certain other zoning districts by the approval and amendment of final development plans. Such approvals also do not culminate in the passage of an original bill by the County Council subject to petitioning to referendum.

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History of Howard as a Charter County and Referendum

Article XI-A, Section 1 of the Maryland State Constitution “effectively reserves to the people of this state the right to organize themselves into semi-autonomous political communities for the purpose of instituting self-government within the territorial limits of the several counties. The means by which the people acquire such autonomy is the charter. The charter is in effect, a local constitution. It fixes the framework for the organization of the county government. It is the instrument which establishes the agencies of local government and provides for the allocation of power among them.” “…[T]he charter adoption and ratification process is an act of the people, an expression of the local popular will to which the Maryland Constitution has attached fundamental legal significance. [A] proposed charter cannot become operational until it receives the approval of the people through ratification at a popular election.” In adopting a charter, the people of a jurisdiction establish and organize the structure of their local government. In so doing, they have a right to provide for any form of government they deem suitable for their needs. Their only limitation is that they do not run afoul of the letter and spirit of the Federal and State Constitutions. Article XI-A, § of the Maryland Constitution requires that every charter include a provision establishing a “legislative body” (to be known as the “County Council”) “in which shall be vested the law-making power” of the jurisdiction. The County Council has the “full power to enact local law,” subject to the Constitution and Public General Laws of the State. However, in requiring that a local Charter establish that the County Council is the legislative body, the Maryland Constitution does not require that the power to legislate is confined exclusively to the County Council.

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Our Right to Veto Legislative Acts of the County Council

Under the Maryland Constitution, the people of a county may reserve to themselves in their Charter the right of referendum over measures passed by the County Council. By reserving this right, the people establish themselves as a coexisting branch of government, equal in right to that of the County Council and County Executive.“Referendum,” is defined by Maryland’s highest court, the Maryland Court of Appeals, as “that power of direct legislation through the exercise of which the people of a state or a political subdivision may approve or reject an act or other measure passed by a legislative body.

Referenda may be of two types.
1. One type provides that an enactment of a legislative body may not take effect until and unless it is approved by voters in an election. The second type allows voters to approve or reject at the polls specific actions taken by the legislative body if certain statutory requirements (such as obtaining the signatures of a specified number of voters within a certain time period) are met. 2. The Howard County charter provides for this second type of referendum.

The legislative power of the county is vested in the County Council Section 202 “The legislative power of the County is vested in the County Council of Howard County which shall consist of five members who shall be elected from the Councilmanic Districts. When the people of a county choose this form of government, the county is identified as a -home rule- or -Charter- county Coming soon Register in our database
Coming soon will you be able to sign up and receive emails when we are taking bills to referendum. If you want to take a bill to referendum, you can email us the bill number.

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