EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0073*
SENATE BILL 73
G1, P5 CONSTITUTIONAL AMENDMENT 2lr0368
SB 6/21 – EHE (PRE–FILED)
By: Senator Lam
Requested: August 5, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
General Assembly – Special Election to Fill a Vacancy in Office 2
FOR the purpose of requiring that a special election be held at the same time as the regular 3
statewide primary and general elections that are held in the second year of a term 4
to fill a vacancy in the office of Delegate or Senator in the General Assembly if the 5
vacancy occurs on or before a certain date. 6
BY proposing an amendment to the Maryland Constitution 7
Article III – Legislative Department 8
Section 13 9
BY proposing an amendment to the Maryland Constitution 10
Article XVII – Quadrennial Elections 11
Section 2 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
proposed that the Maryland Constitution read as follows: 15
Article III – Legislative Department 16
13. 17
(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18
or removal from the county or city for which he shall have been elected, of any person who 19
shall have been chosen as a Delegate or Senator, or in case of a tie between two or more 20
such qualified persons, the Governor shall appoint a person to fill such vacancy from a 21
person whose name shall be submitted to him in writing, within thirty days after the 22
occurrence of the vacancy, by the Central Committee of the political party, if any, with 23
which the Delegate or Senator, so vacating, had been affiliated, at the time of the last 24 2 SENATE BILL 73
election or appointment of the vacating Senator or Delegate, in the County or District from 1
which he or she was appointed or elected, provided that the appointee shall be of the same 2
political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 3
the time of the last election or appointment of the vacating Delegate or Senator, and it shall 4
be the duty of the Governor to make said appointment within fifteen days after the 5
submission thereof to him. 6
(2) If a name is not submitted by the Central Committee within thirty days 7
after the occurrence of the vacancy, the Governor within another period of fifteen days shall 8
appoint a person, who shall be affiliated with the same political party, if any as was that of 9
the Delegate or Senator, whose office is to be filled, at the time of the last election or 10
appointment of the vacating Delegate or Senator, and who is otherwise properly qualified 11
to hold the office of Delegate or Senator in the District or County. 12
(3) In the event there is no Central Committee in the County or District 13
from which said vacancy is to be filled, the Governor shall within fifteen days after the 14
occurrence of such vacancy appoint a person, from the same political party, if any, as that 15
of the vacating Delegate or Senator, at the time of the last election or appointment of the 16
vacating Senator or Delegate, who is otherwise properly qualified to hold the office of 17
Delegate or Senator in such District or County. 18
[(4) In every case when any person is so appointed by the Governor, his 19
appointment shall be deemed to be for the unexpired term of the person whose office has 20
become vacant.] 21
(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 22
Legislative or Delegate district, as the case may be, in any of the twenty–three counties of 23
Maryland, the Central Committee or committees shall follow these provisions: 24
(1) If the vacancy occurs in a district having the same boundaries as a 25
county, the Central Committee of the county shall submit the name of a resident of the 26
district. 27
(2) If the vacancy occurs in a district which has boundaries comprising a 28
portion of one county, the Central Committee of that county shall submit the name of a 29
resident of the district. 30
(3) If the vacancy occurs in a district which has boundaries comprising a 31
portion or all of two or more counties, the Central Committee of each county involved shall 32
have one vote for submitting the name of a resident of the district; and if there is a tie vote 33
between or among the Central Committees, the list of names there proposed shall be 34
submitted to the Governor, and he shall make the appointment from the list. 35
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 36
AN INDIVIDUAL APPOINTED UNDER THIS SECTION S HALL SERVE UNTIL A 37
SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 38 SENATE BILL 73 3
REMAINDER OF THE TER M. 1
(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 2
FOR THE REMAINDER OF THE TERM IF THE V ACANCY OCCURS AFTER THE DATE THAT 3
IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 4
THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 5
TERM. 6
(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 7
DAYS BEFORE THE DEADLINE FOR FIL ING CERTIFICATES OF CANDIDACY FOR THE 8
REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 9
THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 10
OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 11
AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 12
REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GEN ERAL 13
ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 14
Article XVII – Quadrennial Elections 15
2. 16
[Except for a special election that may be authorized to fill a vacancy in a County 17
Council or a vacancy in the office of chief executive officer or County Executive, under 18
Article XI–A, Section 3 of the Constitution,] 19
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, elections by 20
qualified voters for State and county officers shall be held on the Tuesday next after the 21
first Monday of November, in the year nineteen hundred and twenty–six, and on the same 22
day in every fourth year thereafter. 23
(B) THIS SECTION DOES NOT APPLY TO A SPECI AL ELECTION: 24
(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 25
OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 26
XI–A, § 3 OF THE CONSTITUTION; OR 27
(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 28
THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 29
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 30
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 31
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 32
Constitution concerning local approval of constitutional amendments do not apply. 33
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 34 4 SENATE BILL 73
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 1
voters of the State at the next general election to be held in November 2022 for adoption or 2
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 3
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 4
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 5
the Constitutional Amendment”, as now provided by law. Immediately after the election, 6
all returns shall be made to the Governor of the vote for and against the proposed 7
amendment, as directed by Article XIV of the Maryland Constitution, and further 8
proceedings had in accordance with Article XIV. 9