Constitutional Amendment - Form of County Government - Requirement to Adopt Charter Home Rule
HB28 is a proposed constitutional amendment that would require every Maryland county and the City of Baltimore to adopt a charter form of government by December 31, 2031. The bill would also require counties adopting new charters after January 1, 2026, to use a new process in which the county commissioners appoint a charter board by January 1, 2028, the board drafts a proposed charter, and the commissioners then vote on whether to adopt it. If the commissioners reject the proposal, it must be returned to the charter board for revision and resubmission. The measure also requires county charters to provide for election of both a county executive and county council members, including council elections by district.
The bill would substantially alter Article XI-A of the Maryland Constitution, which governs local self-government and charter home rule, by replacing the existing optional charter-adoption framework with a mandatory charter requirement for all counties and Baltimore City. It would also narrow Article XI-F, the code-county home rule article, so that its provisions apply only until each county adopts a charter under Article XI-A. In practical terms, the bill would change the governing structure of every county that is not already operating under a charter and would affect how county councils are elected and how local government powers are organized.
Because no committee transcripts or recorded votes were provided, there is no documented public debate or voting history to gauge support or opposition. Based on the bill text alone, the proposal appears to be a major structural reform of county government rather than a narrow policy change, and it would likely draw attention from county officials, local government advocates, and voters concerned with home rule, local autonomy, and election structure.
The main point of contention inherent in the bill is the shift from voluntary charter adoption to a constitutionally mandated charter system. Supporters would likely view this as a way to standardize county governance and expand home rule, while opponents may object that it overrides county choice and imposes a one-size-fits-all structure on local governments. The requirement that county council members be elected by councilmanic districts may also be controversial in counties that currently use at-large or mixed election systems.
HB28 would amend the Maryland Constitution to require all counties and Baltimore City to operate under charter home rule, fundamentally changing the legal framework for county government. It would repeal the current optional charter-adoption model in Article XI-A and replace it with mandatory charter adoption deadlines and procedures, while also limiting the continuing role of Article XI-F code-county provisions. Counties that are not already charter counties would need to create or revise governing charters, establish county executive and district-based council elections, and follow the new constitutional procedures for charter creation and amendment.
No committee testimony, floor debate, or vote record was provided, so there is no direct evidence of legislative sentiment in the available materials. From the bill text, the measure is ambitious and structural, suggesting it would likely generate strong views on both sides: support from those favoring expanded home rule and standardized county governance, and opposition from those favoring local discretion and the current optional system. The absence of recorded votes or discussion prevents a more specific assessment of legislative momentum.
The central controversy is whether the state should require every county to adopt charter government rather than leaving charter home rule as an option. This raises questions about local autonomy, the role of county commissioners versus elected charter boards, and whether the General Assembly should impose a uniform governance model on all counties. Another likely point of contention is the mandate that county council members be elected by councilmanic districts, which could affect representation and political balance in counties that currently use at-large elections or other mixed systems.