Ch. 661                                    1994 LAWS OF MARYLAND

expiration of 180 days following the final enactment of the annexation resolution by the
municipal corporation, if a petition for referendum is filed pursuant to subsection (f), (g)
or (k) of this section, or pursuant to all three of such subsections, or before the expiration
of 120 days after the enactment of the annexation resolution by the municipal corporation
if no petition for referendum is filed under either of these subsections. The county
ordinance passed pursuant to this subsection shall have the effect of suspending the
effectiveness of the annexation resolution until after the referendum. If no valid
ordinance is enacted by the county pursuant to this section within the time herein
specified, the annexation resolution of the municipal corporation shall have the same
effect as if this subsection had not been enacted.

(2)     Notwithstanding that by the time of any countywide referendum
required by county ordinance enacted pursuant to this subsection, a referendum pursuant
to subsections 19(f), (k), (o) and (q) of this article, or any one or more of those
subsections, has been conducted of the voters in any one or more of the areas to be
annexed, the municipal corporation involved, or some other area of the county, which
because of geographical uniqueness, could be cut off by the proposed annexation from
present or future county facilities or services, all registered voters of the county, including
the voters in the area to be annexed, the voters in the municipal corporation involved, and
the voters in the other area or areas of the county affected by geographical uniqueness,
are entitled to vote in the countywide election.

(3)     The county executive shall cause notice of the countywide referendum to
be published at least twice in one or more newspapers of general circulation in the
county. Publication shall be at intervals of not less than one week, the last publication to
be not less than 15 nor more than 30 days prior to the referendum. The notice shall
contain a summary of the annexation resolution, a summary of the county ordinance with
respect thereto, the time of the referendum, and the location and results of any previous
referenda conducted pursuant to petition filed as provided in subsection (f) or (g) of this
section.

(4)     In the referendum conducted pursuant to this subsection, voting
machines shall contain a summary of the municipal corporation's annexation resolution
with suitable provision for the voter to indicate a choice for or against it. The expense of
all the countywide referendum shall be paid by the county.

(5)     If the majority of the persons voting on the annexation resolution
throughout the county taken as a single unit vote in favor of the annexation, the
annexation shall become effective on the 14th day following the countywide referendum
election. If a majority of the persons voting on the resolution vote against the annexation
in the election, the proposed annexation shall be void.

(6)     The county is authorized to enact by ordinance provisions consistent
with this subsection for conducting and tabulating the results of any referendum
conducted pursuant to the authority granted by this subsection.]

EXPLANATION: Article 23A, § 19(u) affects municipal corporations within a
single county. In Mayor of Annapolis v. Wimbleton, 52 Md. App. 256 (1982),
the Court of Special Appeals held that § 19(u) violates Art. XI-E, § 1 of the
Constitution which permits the General Assembly to enact legislation

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