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Montgomery County Maryland Ballot, can anyone explain in plain english what Question A is all about?
3 Answers
- 1 decade agoFavorite Answer
According to the League of Women Voters of Maryland Voters' Guide:
Origin of this Ballot Question – This question was recommended by the Charter Review Commission and placed on the ballot by the Montgomery County Council.
Present Practice – The County Charter provides a framework for the governance of the county. Three provisions in the County Charter: 311A, 311B, and 313A currently have no legal force and do not affect how county government operates. The Maryland courts blocked implementation of 311A and 313A because each directly conflicted with some aspect of state law. More fundamentally, neither of these provisions are proper “Charter Material” because they do not address a fundamental aspect of the form and basic structure of county government. In addition, they attempt to legislate through a charter amendment, which the Maryland Constitution prohibits. Although the Maryland courts have not blocked the operation of 311B, a consistent line of Court of Appeal opinions makes clear that this provision, like the ones above, is in conflict with the Maryland Constitution’s prohibition on legislating through a charter amendment.
Proposed Change – The ballot question proposes removing these three provisions from the Montgomery County Charter.
Pros: The county charter will no longer contain provisions that are unenforceable and that are not essential to defining the basics of how county government is structured. Leaving them in the charter could create confusion because the charter would not be an accurate reflection of the form and structure of county government.
Cons: These provisions were placed in the charter by petition and reflect a vote of the people. Because of this vote, these provisions should not be removed from the charter even though they are legally ineffective.
Source(s): http://www.lwvmd.org/vote/guides/VG%20Montgomery%2... Search for Question A - 1 decade ago
Do you mean this question?
Repeal Sections 311A, 311B, and 313A of the County Charter, regarding use of County funds to operate a landfill system on residentially zoned land; burying or trenching sewage sludge on residentially zoned land; and telephone service offered by the C&P Telephone Company.
There were some legal rulings making these sections either mute or partially ineffective. Though removing 311A and B doesn't seem necessary as the legal ruling was very specific. 313A was pretty much obliterated by the court.
- Anonymous1 decade ago
It is despicable that lawyers are allowed to ask the public to understand their legalese. They deliberately write this way to confuse the public on how to answer simple questions. They have gotten away with this for years. And it should be stopped. When you answer many questions written in legalese your chances of answering what you want, are 50-50. The public should bear down on the legal system and demand plain everyday English.
Source(s): With two college degrees I am sick to death of lawyers confusing me with legal language I can't understand.