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Duane Davis, known for leaving toilets as political protest outside the Historic Courthouse in Towson, is running as a Republican in 2014.
The results of the Quinnipiac University poll come as proponents of reinstating the death penalty in Maryland say the law is needed because of incidents such as the Boston Marathon bombing.
The effort to place the issue on the ballot will be led by Democratic Baltimore County State's Attorney Scott Shellenberger and Washington County Republican Del. Neil Parrott.
DREAM Act, expanded gambling and congressional redistricting also survive referendum challenges.
Most counties in Maryland show a spike in early voting turnout in 2012 while Anne Arundel and Worcester Counties show decreases.
Comptroller says Maryland "is the poster child for gerrymandering" and urges voters to vote no on Question 5.
State Board of Elections mails 1.1 million Maryland Voters in an effort to increase voter registration across the state.
"Concerns are everywhere," said Del. Frank Turner, chairman of the House Ways and Means subcommittee on Gaming Law and Regulation.
O'Malley says session, which begins on August 9, will be about job creation and funding for schools.
Supporters say law gives students who are illegal immigrants "a level playing field."
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Editor Brandie Jefferson, Danna Walker, Andrew Metcalf, Bryan P. Sears, Regional Editor Lisa Rossi, Ellicott City Patch, and Jason Butt,
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