2012 Maryland Question 4

Question 4 is a referendum that appeared on the general election ballot for the U.S. state of Maryland to allow voters to approve or reject the Maryland Dream Act, a state law that allowed undocumented students to pay in-state tuition rates at Maryland colleges and universities. The referendum was approved by 58.9% of the voters on November 6, 2012.

Referendum Question 4
November 6, 2012
Public Institutions of Higher Education – Tuition Rates
Results
Choice
Votes %
Yes 1,521,579 58.87%
No 1,063,228 41.13%
Valid votes 2,584,807 100.00%
Invalid or blank votes 0 0.00%
Total votes 2,584,807 100.00%
Source: Maryland State Board of Elections - Official Results

The Maryland Dream Act, along with the Civil Marriage Protection Act, were the first bills to be petitioned to a statewide referendum since 1992.[1] In passing the bill, Maryland became the first state to approve legislation expanding in-state tuition to undocumented immigrant students via popular vote.[2]

Ballot measure

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The ballot measure read as follows:[3]

Question 4
Public Institutions of Higher Education - Tuition Rates

Establishes that individuals, including undocumented immigrants, are eligible to pay in-state tuition rates at community colleges in Maryland, provided the student meets certain conditions relating to attendance and graduation from a Maryland high school, filing of income taxes, intent to apply for permanent residency, and registration with the selective service system (if required); makes such students eligible to pay in-state tuition rates at a four-year public college or university if the student has first completed 60 credit hours or graduated from a community college in Maryland; provides that students qualifying for in-state tuition rates by this method will not be counted as in-state students for purposes of counting undergraduate enrollment; and extends the time in which honorably discharged veterans may qualify for in-state tuition rates.

The choices read as follows:[3]

For the Referred Law
Against the Referred Law

Maryland Dream Act

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Upon his election to the Maryland Senate in 2010, Victor R. Ramirez drafted legislation[4] that would extend in-state tuition to undocumented students who attend a Maryland high school for at least three years and whose parents have paid state taxes.[5] An amendment requiring students to also attend two years of community college was added to the bill during a committee hearing in the Maryland Senate.[6] Another amendment that waived the tax requirement if the student's parents can prove they were unable to work during their child's high school years was added to the bill in the House of Delegates, but removed by the conference committee.[7] The bill was introduced amid a rise in anti-illegal immigrant sentiment in the United States, during which legislatures in a number of states passed legislation barring undocumented students from receiving in-state tuition.[8]

The Maryland Senate voted 27–20 to pass the Dream Act on March 14, 2011,[9] and the Maryland House of Delegates voted 74–66 to pass the bill on April 4, 2011.[10] Along with all Republican state legislators, eight Democratic state senators and 24 Democratic state delegates voted against the bill[9][10] Governor Martin O'Malley signed the Maryland Dream Act into law on May 10, 2011.[11]

Campaign

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Within days of the Dream Act passing the Maryland General Assembly, state delegates Neil Parrott and Pat McDonough organized efforts to repeal the law through referendum. Parrott utilized his website, MDPetitions.com, to organize citizen activists to gather signatures for the ballot initiative.[12] The group submitted 108,923 signatures to the Maryland State Board of Elections,[13] which were certified by the elections board in July.[14] In August 2011, CASA de Maryland filed a lawsuit challenging the validity of the signatures collected by MDPetitions.com,[15][16] which was rejected by Anne Arundel County circuit court judge Ronald A. Silkworth in February 2012.[17] CASA appealed Silkworth's ruling to the Maryland Court of Appeals,[18] which upheld the lower court ruling.[19]

 
Maryland Dream Act supporters rally in Silver Spring, August 2012

Opponents of the Maryland Dream Act focused their criticism on the bill's costs—which the nonpartisan Maryland Department of Legislative Services estimated to be around $3.5 million a year when fully implemented—claiming that the bill would encourage illegal immigration to Maryland and increase enrollments at state universities. The bill's supporters argued that the bill would increase graduation rates among high school dropouts and students who would not otherwise be able to attend universities,[20] and that the state's colleges would only see around a thousand new students as a result of the bill.[21] In October 2012, the University of Maryland, Baltimore County published a report suggesting that the Maryland Dream Act would reduce the state's college graduate incarceration rate and provide undocumented students with access to higher-paying jobs, saving the state $5 million per graduating class.[20] Dream Act opponents pointed out that this report also claimed that state universities would lose $1.8 million (about a 0.1 percent drop)[22] from accepting undocumented students, which would require legislators to increase taxes to make up for the lost revenue,[23] and argued that employers would be hesitant to hire undocumented immigrants to higher-paying positions.[20]

Question 4 was supported by Educating Maryland Kids, a coalition made up of immigrant rights groups, the Maryland Catholic Conference, and teacher unions;[24] by October 2012, supporters raised $1.5 million to support campaigning efforts.[25] Opponents of the Maryland Dream Act did not do any fundraising, as Parrott said it was not his group's plan to do so.[25] The bill's opponents barely campaigned against the measure, coordinating their efforts through Facebook and e-mail to distribute yard signs and bumper stickers.[26]

Endorsements

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Yes
U.S. Senators
U.S. Representatives
Statewide officials
State legislators
County officials
Individuals
Labor unions
Organizations
Newspapers
No
Statewide officials
State legislators
  • Kathy Afzali, state delegate from the 4th district (2011–present) (Republican)[20]
  • James Brochin, state senator from the 42nd district (2003–present) (Democrat)[49]
  • Nancy Jacobs, state senator form the 34th district (1999–present) (Republican)[50]
  • Jay Jacobs, state delegate from the 36th district (2011–present) (Republican)[51]
  • Nic Kipke, state delegate from the 31st district (2007–present) (Republican)[52]
  • Susan Krebs, state delegate from district 9B (2003–present) (Republican)[53]
  • Pat McDonough, state delegate from the 7th district (2003–present) (Republican)[52]
  • Tony O'Donnell, minority leader of the Maryland House of Delegates (2007–present) from district 29C (1995–present)[29]
  • Neil Parrott, state delegate from district 2B (2011–present) (Republican)[52]
  • Justin Ready, state delegate from the 5th district (2011–present) (Republican)[53]
  • Edward R. Reilly, state senator from the 33rd district (2009–present) (Republican)[54]
  • Steve Schuh, state delegate from the 31st district (2007–present) (Republican)[52]
  • Michael D. Smigiel Sr., state delegate from the 36th district (2003–present) (Republican)[23]
County officials
Individuals
Organizations

Opinion polls

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Poll source Date(s)
administered
Sample
size[a]
Margin
of error
For Against Undecided
OpinionWorks[58] October 20–23, 2012 801 (LV) ± 3.5% 47% 45% 8%
The Washington Post[59] October 11–15, 2012 843 (LV) ± 4.0% 60% 35% 5%
934 (RV) 59% 35% 5%
OpinionWorks[60] September 25–27, 2012 804 (LV) ± 3.5% 44% 41% 15%
Gonzales Research[61] September 17–23, 2012 813 (RV) ± 3.5% 58% 34% 8%
Gonzales Research[62] September 19–27, 2011 805 (RV) ± 3.5% 47% 51% 3%
  1. ^ Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear

Results

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Question 4 passed handily in many of Maryland's suburban and urban counties, but saw its weakest support in non-Hispanic white neighborhoods in more rural areas of the state.[63]

2012 Maryland Question 4
Choice Votes %
  Yes 1,521,579 58.87
No 1,063,228 41.13
Total votes 2,584,807 100.00

By county

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By county
Breakdown of voting by county[64]
County Yes No Margin TotalVotes
# % # % # %
Allegany 11,009 34.2% 16,631 65.8% -5,622 -20.3% 27,640
Anne Arundel 124,741 49.6% 126,632 50.4% -1,891 -0.8% 251,373
Baltimore City 168,279 70.6% 70,137 29.4% 98,142 41.2% 238,416
Baltimore 196,470 52.9% 175,064 47.1% 21,406 5.8% 371,534
Calvert 20,352 47.0% 22,983 53.0% -2,631 -6.1% 43,335
Caroline 5,122 40.2% 7,623 59.8% -2,501 -19.6% 12,745
Carroll 31,941 37.6% 53,102 62.4% -21,161 -24.9% 85,043
Cecil 17,478 43.1% 23,047 56.9% -5,569 -13.7% 40,525
Charles 43,451 59.9% 29,071 40.1% 14,380 19.8% 72,522
Dorchester 6,798 47.9% 7,402 52.1% -604 -4.3% 14,200
Frederick 55,805 49.7% 56,393 50.3% -588 -0.5% 112,198
Garrett 4,572 37.2% 7,708 62.8% -3,136 -25.5% 12,280
Harford 50,805 41.5% 71,678 58.5% -20,873 -17.0% 122,483
Howard 90,566 61.1% 57,726 38.9% 32,830 22.1% 148,282
Kent 4,652 49.6% 4,722 50.4% -70 -0.7% 9,374
Montgomery 313,681 72.3% 120,097 27.7% 193,584 44.6% 433,778
Prince George's 273,752 74.9% 91,588 25.1% 182,164 49.9% 365,340
Queen Anne's 9,730 40.4% 14,368 59.6% -4,638 -19.2% 24,098
St. Mary's 21,706 47.6% 23,868 52.4% -2,162 -4.7% 45,574
Somerset 5,125 53.7% 4,411 46.3% 714 7.5% 9,536
Talbot 9,369 47.7% 10,269 52.3% -900 -4.6% 19,638
Washington 23,524 39.6% 35,907 60.4% -12,383 -20.8% 59,431
Wicomico 20,478 51.8% 19,076 48.2% 1,402 3.5% 39,554
Worcester 12,183 47.0% 13,725 53.0% -1,542 -6.0% 25,908
Total 1,521,579 58.9% 1,063,228 41.1% 458,351 17.7% 2,584,807

References

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  1. ^ Wagner, John (June 7, 2011). "Effort to repeal Maryland tuition law advances". The Washington Post. Retrieved August 25, 2024.
  2. ^ "Maryland Dream Act Projected To Pass". ABC News. November 6, 2012. Retrieved August 25, 2024.
  3. ^ a b "2012 General Election Ballot Question Language". elections.maryland.gov. Maryland State Board of Elections. Retrieved August 17, 2024.
  4. ^ Linskey, Annie (January 9, 2011). "In Annapolis, a full plate". The Capital. Retrieved August 25, 2024.
  5. ^ "Delegates to debate in-state tuition for illegal immigrants". The Capital. April 5, 2011. Retrieved August 25, 2024.
  6. ^ "Maryland senators clean up immigrant tuition bill". Maryland Daily Record. March 9, 2011. Retrieved August 25, 2024.
  7. ^ Clark, Maggie (April 12, 2011). "General Assembly Passes In-State Tuition for Undocumented Students". Capital News Service. Retrieved August 25, 2024.
  8. ^ de Vise, Daniel (April 14, 2011). "Maryland moves closer to extending tuition breaks to illegal immigrants". The Washington Post. Retrieved August 25, 2024.
  9. ^ a b "Maryland SB167". LegiScan. March 14, 2011. Retrieved August 17, 2024.
  10. ^ a b "Maryland SB167". LegiScan. April 4, 2011. Retrieved August 17, 2024.
  11. ^ "Gov. O'Malley signs illegal immigrant tuition bill". Maryland Daily Record. 10 May 2011. Retrieved August 25, 2024.
  12. ^ Kazanjian, Glynis (May 11, 2011). "Governor Martin O'Malley Signs Tuition Law, Repeal Underway". Patch. Retrieved August 25, 2024.
  13. ^ "Letter to Delegate Neil Parrott" (PDF). Maryland State Board of Elections. July 22, 2011. Retrieved August 25, 2024.
  14. ^ "DREAM Act Now in Hands of Maryland Voters". Patch. July 22, 2011. Retrieved August 25, 2024.
  15. ^ Linskey, Annie (August 1, 2011). "Immigrant advocates file suit to toss tuition referendum". The Capital. Retrieved August 25, 2024.
  16. ^ "Casa de Maryland narrows challenge to Dream Act". Maryland Daily Record. December 12, 2011. Retrieved August 25, 2024.
  17. ^ "Judge: Dream Act Can Go On Ballot For November". WBAL-TV. February 17, 2012. Retrieved August 25, 2024.
  18. ^ "Md. high court hears 'Dream Act' referendum debate". WBAL-TV. June 13, 2012. Retrieved August 25, 2024.
  19. ^ Francis, Elliot; Rae, Sharon (June 13, 2012). "Maryland's DREAM Act Cleared For Referendum By Appeals Court". WAMU. Retrieved August 25, 2024.
  20. ^ a b c d e Linskey, Annie (October 8, 2012). "UMBC researchers say Dream Act could generate millions in revenue for state". The Capital. Retrieved August 25, 2024.
  21. ^ a b Jackson, Alex (September 16, 2012). "Schools not expecting flood of students if Dream Act upheld". The Capital. Retrieved August 25, 2024.
  22. ^ Durkin, Erin (October 13, 2012). "DREAM Act Won't Crowd Out Citizen Students at Universities, New Study Says". Capital News Service. Retrieved August 25, 2024.
  23. ^ a b Pyles, Alexander (October 9, 2012). "Opponents say Dream Act study's authors are dreaming". Maryland Daily Record. Retrieved August 25, 2024.
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  25. ^ a b Davis, Aaron C.; Wagner, John (October 13, 2012). "High-stakes Md. ballot measures". The Washington Post. Retrieved August 25, 2024.
  26. ^ Davis, Aaron C.; Wagner, John (November 3, 2012). "Campaigns make final push in Md., Va". The Washington Post. Retrieved August 25, 2024.
  27. ^ a b c d e Dresser, Michael (October 23, 2012). "Dream Act supporters ramp up campaign". The Baltimore Sun. Retrieved August 25, 2024.
  28. ^ "Dream Act Campaign Targets Black Voters". WJZ-TV. October 23, 2012. Retrieved August 25, 2024.
  29. ^ a b Loos, Kelsi (October 26, 2012). "O'Donnell, Hoyer Race Shows Very Different Worldview". Capital News Service. Retrieved August 25, 2024.
  30. ^ Spivack, Miranda S. (October 31, 2012). "Rep. Chris Van Hollen (D-Md.) tries for a sixth term — and role-plays Paul Ryan". The Washington Post. Retrieved August 25, 2024.
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  36. ^ Gutman, David (December 11, 2012). "Mizeur Considers an Unprecedented Run for the Governor's Mansion". Capital News Service. Retrieved August 25, 2024.
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  39. ^ "Ministers to rally for Maryland's Dream Act". WBAL-TV. October 23, 2012. Retrieved August 25, 2024.
  40. ^ "Maryland News Md.'s Dream Act Draws Support At National Immigration Convention". WJZ-TV. September 24, 2012. Retrieved August 25, 2024.
  41. ^ Kirwan, William E.; Robertson, William G. (September 2, 2011). "How every Marylander benefits from the Dream Act". The Washington Post. Retrieved August 25, 2024.
  42. ^ a b c "Maryland faith leaders back DREAM Act". The Capital. October 10, 2012. Retrieved August 25, 2024.
  43. ^ "1,000 students, advocates march for Maryland Dream Act". The Baltimore Sun. October 6, 2012. Retrieved August 25, 2024.
  44. ^ Durkin, Erin (October 19, 2012). "Independent Candidate Sobhani Shakes Up Senate Race". Capital News Service. Retrieved August 25, 2024.
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  46. ^ "Proposition 4: The Maryland DREAM Act Equal Access". Baltimore Afro-American. October 24, 2012. Retrieved August 25, 2024.
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  48. ^ Johnston, Caitlin (August 28, 2012). "Kansas Secretary of State Kris Kobach Urges Md. Republicans to Overturn Dream Act". Capital News Service. Retrieved August 25, 2024.
  49. ^ "Effort to repeal illegal-immigrant tuition breaks under way". The Baltimore Sun. May 3, 2011. Retrieved August 25, 2024.
  50. ^ Blumberg, Sara (October 22, 2012). "Jacobs challenges Ruppersburger in the 2nd District". The Capital. Retrieved August 25, 2024.
  51. ^ "O'Malley Signs Md. Illegal Immigrant in-State Tuition Bill". NBC4 Washington. May 10, 2011. Retrieved August 25, 2024.
  52. ^ a b c d Lazarick, Len (May 31, 2011). "Maryland immigrant tuition foes claim 40,000 signatures on petition drive". Maryland Daily Record. Retrieved August 25, 2024.
  53. ^ a b George, Alisha (September 16, 2012). "Explaining the Maryland DREAM Act, referendum question four". The Baltimore Sun. Retrieved August 25, 2024.
  54. ^ Bourg, Allison (November 1, 2012). "Political Notes: Rally on ballot questions tonight". The Capital. Retrieved August 25, 2024.
  55. ^ Hare, Mary Gail (May 27, 2011). "Officials oppose tuition break for illegal immigrants". The Baltimore Sun. Retrieved August 25, 2024.
  56. ^ Kazanjian, Glynis (April 26, 2011). "State tea partyers ready for fight on tuition". Maryland Daily Record. Retrieved August 25, 2024.
  57. ^ Linskey, Annie (September 22, 2011). "National group to aid in-state tuition repeal". The Baltimore Sun. Retrieved August 25, 2024.
  58. ^ Linskey, Annie; Dresser, Michael (October 27, 2012). "Md. voters evenly split on same-sex marriage". The Baltimore Sun. Retrieved August 25, 2024.
  59. ^ "Washington Post Poll". The Washington Post. October 15, 2012. Retrieved August 25, 2024.
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  63. ^ Morello, Carol; Mellnik, Ted (November 20, 2012). "Washington suburbs pivotal in Maryland vote on ballot initiatives". The Washington Post. Retrieved August 25, 2024.
  64. ^ "2012 Presidential General Election Results". elections.maryland.gov. Maryland State Board of Elections. Retrieved August 25, 2024.