Fate of Baltimore's Baby Bonus ballot initiative lies in the hands of Maryland Supreme Court
BALTIMORE -- A ballot proposal that would pay new Baltimore City parents $1,000 was brought before Maryland's highest court on Wednesday.
The Baltimore Baby Bonus campaign calls for the city to give a one-time payment to new parents, whether through adoption or birth, that would give children and families access to more resources.
Supporters of the proposal secured the necessary 10,000 signatures to bring the question to voters as a ballot initiative.
However, city leaders say this proposal is against the city charter and goes over the head of the legislature.
Baby bonus hurdles
The baby bonus has faced several hurdles, including being struck down and ruled unconstitutional by the Baltimore City Circuit Court in August.
An appeal was filed immediately after that ruling and a hearing in front of the Maryland Supreme Court was quickly scheduled.
Short timeline
In court, the justices acknowledged with quick timeline on this case because the November election is just weeks away.
Attorneys for both the Maryland Child Alliance and Board of Elections, and Baltimore Mayor Brandon Scott and the city council made their cases Wednesday morning.
The alliance argued the proposal is written broadly, giving the city council full discretion to decide how it will be implemented.
"I think what the court should look to is the exact the actual language of the constitution, where there is no limitation," said H. Mark Stichel, attorney for the Maryland Child Alliance.
The attorney representing the Baltimore City Board of Elections noted that ironing out clear ballot referendum procedures is critical for the court.
"Our highest interest here is in having a clear and administrable rule for what counts as proper charter material," Thomas Chapman, an assistant attorney general representing the board of elections, said.
Overstep of the city council?
The Baltimore City solicitor calls this petition an overstep of the city council, saying the proposed amendment is too specific, does not give discretion to the city council, and that voters cannot create legislation. The people can only petition for broad-stroke changes in the city's charter.
"These are not logistical details. These are the details of policy, who the money should go to, how you spend the money, and how you best further the public interest. Those are the decisions that should be made by the legislature and not in a charter amendment," Thomas Webb, Chief Solicitor for Baltimore City, argued.
In response to this argument, attorneys for the Maryland Child Alliance proposed striking the specific dollar amount. The alliance maintains that a proposal to allocate funds changes the form and structure of the charter, is not a legislative action, and is, therefore, constitutional.
"Democracy is kind of on the line"
The alliance says this ruling could change how future groups petition for charter amendments, creating a new precedent in state law.
"Direct democracy is kind of on the line here," Nate Golden, president of the Maryland Child Alliance, said. "There are dozens of states across this country, that allow citizens to initiate legislation through the ballot referendum process... If the court goes for a narrow reading of form and structure, it's going to take away the only people power that we have left in this state."
What happens next?
While there is no deadline for the court to make an official decision, there are a few deadlines that are generally followed within the court.
Sources with the Maryland Courts say decisions usually come down within the same judicial session. Next week is the final week of the 2023 session.
Also, an attorney from the Attorney General's Office noted in court that ballot finalization will occur next week, too.
On Sept. 6, PDF documents will begin to be generated with the ballot style. The final ballot will be imported into the state system on Sept. 7. Ballot printing, a three-week process, will begin on Sept. 8. The state notes that while ballots can be altered after these dates, it will be "expensive".
The Maryland Supreme Court is adjourned until Sept. 5.
