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H.B. 1239
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Martin O'Malley, Governor
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Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 1239 - Prince George's County - Board of Education PG 433-07.
House Bill 1239 alters the election structure of the Prince George's County Board of
Education beginning in 2010 by requiring that each of the nine elected members of the
Board reside in, and be elected only by the residents of, designated school board
districts. The bill also establishes eligibility criteria for school board members and new
procedures for electing members to fill vacant positions. Furthermore, the bill repeals
a mandated external review of the Prince George's County school system.
The Prince George's County Board of Education is currently an elected board
consisting of five regional members, four at-large members, and one student member.
This board took office on December 4, 2006, following the November 2006 general
election. House Bill 1239 would replace this board in 2010 with nine single-member
school board districts. While I have no policy objections to the bill, the Attorney
General has informed me in a letter dated May 15, 2007, that in his view, the school
board districts proposed under House Bill 1239 violate the one person/one vote
requirement of the Fourteenth Amendment and are unconstitutional. The Attorney
General further states in his letter that the unconstitutional election plan is not
severable from the remainder of the bill and, therefore, he cannot recommend that the
legislation be signed into law.
Based on the Attorney General's opinion alone, I regretfully must veto House Bill
1239.
Sincerely,
Martin O'Malley
Governor
House Bill 1239
AN. ACT concerning
Prince George's County - Board of Education Election of Members
PG 433-07
FOR the purpose of repealing certain provisions of law relating to the composition of
certain school districts in Prince George's County; requiring the members of the
Prince George's County Board of Education to be elected from certain school
board districts; providing for the boundaries of certain school board districts;
requiring candidates to five in certain school board districts and be registered
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- 4827 -
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