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Committee hears bill to change how Maryland counts votes for 20‑year constitutional convention question
Summary
Delegate Kevin Hornberger presented HB 979 to count the periodic constitutional convention ballot by a plurality of votes cast on the question rather than treating undervotes as no votes; witnesses from multiple parties and civic groups urged a favorable report, saying the current interpretation produced the 2010 failure despite more yes-than-no votes on the question itself.
Delegate Kevin Hornberger introduced House Bill 979 to the Rules and Executive Nominations Committee, proposing that Maryland change how its 20-year constitutional convention ballot question is tallied. Under current state practice, an "undervote" — a voter who participates in the election but does not mark the constitutional convention question — has been treated in practice as a no vote; Hornberger's bill would instead determine the outcome by a plurality of votes cast on the question itself.
"This bill changes that to where it's a plurality of votes cast for the ballot question," Delegate Kevin Hornberger said, describing how the current treatment of undervotes made it difficult for the question to pass in prior cycles. He cited the 2010 referendum, saying roughly 216,000 voters did not vote on the convention question, which effectively counted as no votes under the existing scheme.
Public witnesses supported the change. Andy Ellis, a Green Party candidate for governor, told the committee the existing interpretation "is a higher bar than any other constitutional-dictated question" and urged a favorable report, noting that in 2010 more voters who marked the question voted yes than no, yet the question failed because roll-off voters were counted as part of the electorate for that measure. Lee Bradshaw, representing the Maryland Ford Party, said the bill aligns Maryland with the majority of states that treat periodic convention questions by votes cast on the question itself.
Committee members asked clarifying questions about whether state law explicitly instructs that undervotes count as no votes and whether ballot language disclosure would be an alternative. Hornberger said guidance exists but that the statute is ambiguous; one committee member suggested additional ballot disclosure might be a lighter lift.
The committee closed the HB 979 hearing following questions; no committee vote on the bill was recorded that day.
Ending: The committee took testimony and questions and left the bill pending further committee action.
