Maryland 2022 Regular Session

Maryland Senate Bill SB73 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0073
9	6
10	7		SENATE BILL 73
11	8		G1, P5 CONSTITUTIONAL AMENDMENT 2lr0368
12	9		SB 6/21 – EHE (PRE–FILED)
13		-	By: Senator Lam ~~Senators Lam, Hough, and Kagan~~
	10	+	By: Senator Lam
14	11		Requested: August 5, 2021
15	12		Introduced and read first time: January 12, 2022
16	13		Assigned to: Education, Health, and Environmental Affairs
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted
19		-	Read second time: February 8, 2022
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		General Assembly – Special Election to Fill a Vacancy in Office 2
26	20
27	21		FOR the purpose of requiring that a special election be held at the same time as the regular 3
28	22		statewide primary and general elections that are held in the second year of a term 4
29	23		to fill a vacancy in the office of Delegate or Senator in the General Assembly if the 5
30	24		vacancy occurs on or before a certain date. 6
31	25
32	26		BY proposing an amendment to the Maryland Constitution 7
33	27		Article III – Legislative Department 8
34	28		Section 13 9
35	29
36	30		BY proposing an amendment to the Maryland Constitution 10
37	31		Article XVII – Quadrennial Elections 11
38	32		Section 2 12
39	33
40	34		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
41	35		(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
42	36		proposed that the Maryland Constitution read as follows: 15
43	37
44	38		Article III – Legislative Department 16
45	39
46	40		13. 17
47	41
48		-	(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18 2 SENATE BILL 73
	42	+	(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18
	43	+	or removal from the county or city for which he shall have been elected, of any person who 19
	44	+	shall have been chosen as a Delegate or Senator, or in case of a tie between two or more 20
	45	+	such qualified persons, the Governor shall appoint a person to fill such vacancy from a 21
	46	+	person whose name shall be submitted to him in writing, within thirty days after the 22
	47	+	occurrence of the vacancy, by the Central Committee of the political party, if any, with 23
	48	+	which the Delegate or Senator, so vacating, had been affiliated, at the time of the last 24 2 SENATE BILL 73
49	49
50	50
51		-	or removal from the county or city for which he shall have been elected, of any person who 1
52		-	shall have been chosen as a Delegate or Senator, or in case of a tie between two or more 2
53		-	such qualified persons, the Governor shall appoint a person to fill such vacancy from a 3
54		-	person whose name shall be submitted to him in writing, within thirty days after the 4
55		-	occurrence of the vacancy, by the Central Committee of the political party, if any, with 5
56		-	which the Delegate or Senator, so vacating, had been affiliated, at the time of the last 6
57		-	election or appointment of the vacating Senator or Delegate, in the County or District from 7
58		-	which he or she was appointed or elected, provided that the appointee shall be of the same 8
59		-	political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 9
60		-	the time of the last election or appointment of the vacating Delegate or Senator, and it shall 10
61		-	be the duty of the Governor to make said appointment within fifteen days after the 11
62		-	submission thereof to him. 12
	51	+	election or appointment of the vacating Senator or Delegate, in the County or District from 1
	52	+	which he or she was appointed or elected, provided that the appointee shall be of the same 2
	53	+	political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 3
	54	+	the time of the last election or appointment of the vacating Delegate or Senator, and it shall 4
	55	+	be the duty of the Governor to make said appointment within fifteen days after the 5
	56	+	submission thereof to him. 6
63	57
64		-	(2) If a name is not submitted by the Central Committee within thirty days 13
65		-	after the occurrence of the vacancy, the Governor within another period of fifteen days shall 14
66		-	appoint a person, who shall be affiliated with the same political party, if any as was that of 15
67		-	the Delegate or Senator, whose office is to be filled, at the time of the last election or 16
68		-	appointment of the vacating Delegate or Senator, and who is otherwise properly qualified 17
69		-	to hold the office of Delegate or Senator in the District or County. 18
	58	+	(2) If a name is not submitted by the Central Committee within thirty days 7
	59	+	after the occurrence of the vacancy, the Governor within another period of fifteen days shall 8
	60	+	appoint a person, who shall be affiliated with the same political party, if any as was that of 9
	61	+	the Delegate or Senator, whose office is to be filled, at the time of the last election or 10
	62	+	appointment of the vacating Delegate or Senator, and who is otherwise properly qualified 11
	63	+	to hold the office of Delegate or Senator in the District or County. 12
70	64
71		-	(3) In the event there is no Central Committee in the County or District 19
72		-	from which said vacancy is to be filled, the Governor shall within fifteen days after the 20
73		-	occurrence of such vacancy appoint a person, from the same political party, if any, as that 21
74		-	of the vacating Delegate or Senator, at the time of the last election or appointment of the 22
75		-	vacating Senator or Delegate, who is otherwise properly qualified to hold the office of 23
76		-	Delegate or Senator in such District or County. 24
	65	+	(3) In the event there is no Central Committee in the County or District 13
	66	+	from which said vacancy is to be filled, the Governor shall within fifteen days after the 14
	67	+	occurrence of such vacancy appoint a person, from the same political party, if any, as that 15
	68	+	of the vacating Delegate or Senator, at the time of the last election or appointment of the 16
	69	+	vacating Senator or Delegate, who is otherwise properly qualified to hold the office of 17
	70	+	Delegate or Senator in such District or County. 18
77	71
78		-	[(4) In every case when any person is so appointed by the Governor, his 25
79		-	appointment shall be deemed to be for the unexpired term of the person whose office has 26
80		-	become vacant.] 27
	72	+	[(4) In every case when any person is so appointed by the Governor, his 19
	73	+	appointment shall be deemed to be for the unexpired term of the person whose office has 20
	74	+	become vacant.] 21
81	75
82		-	(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 28
83		-	Legislative or Delegate district, as the case may be, in any of the twenty–three counties of 29
84		-	Maryland, the Central Committee or committees shall follow these provisions: 30
	76	+	(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 22
	77	+	Legislative or Delegate district, as the case may be, in any of the twenty–three counties of 23
	78	+	Maryland, the Central Committee or committees shall follow these provisions: 24
85	79
86		-	(1) If the vacancy occurs in a district having the same boundaries as a 31
87		-	county, the Central Committee of the county shall submit the name of a resident of the 32
88		-	district. 33
	80	+	(1) If the vacancy occurs in a district having the same boundaries as a 25
	81	+	county, the Central Committee of the county shall submit the name of a resident of the 26
	82	+	district. 27
89	83
90		-	(2) If the vacancy occurs in a district which has boundaries comprising a 34
91		-	portion of one county, the Central Committee of that county shall submit the name of a 35
92		-	resident of the district. 36
	84	+	(2) If the vacancy occurs in a district which has boundaries comprising a 28
	85	+	portion of one county, the Central Committee of that county shall submit the name of a 29
	86	+	resident of the district. 30
93	87
94		-	(3) If the vacancy occurs in a district which has boundaries comprising a 37
95		-	portion or all of two or more counties, the Central Committee of each county involved shall 38
96		-	have one vote for submitting the name of a resident of the district; and if there is a tie vote 39
97		-	between or among the Central Committees, the list of names there proposed shall be 40 SENATE BILL 73 3
	88	+	(3) If the vacancy occurs in a district which has boundaries comprising a 31
	89	+	portion or all of two or more counties, the Central Committee of each county involved shall 32
	90	+	have one vote for submitting the name of a resident of the district; and if there is a tie vote 33
	91	+	between or among the Central Committees, the list of names there proposed shall be 34
	92	+	submitted to the Governor, and he shall make the appointment from the list. 35
	93	+
	94	+	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 36
	95	+	AN INDIVIDUAL APPOINTED UNDER THIS SECTION S HALL SERVE UNTIL A 37
	96	+	SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 38 SENATE BILL 73 3
98	97
99	98
100		-	~~submitted to~~ the ~~Governor, and he shall make the appointment from the list.~~ 1
	99	+	REMAINDER OF THE TER M. 1
101	100
102		-	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 2
103		-	AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 3
104		-	SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION TO FIL L THE 4
105		-	REMAINDER OF THE TER M. 5
	101	+	(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 2
	102	+	FOR THE REMAINDER OF THE TERM IF THE V ACANCY OCCURS AFTER THE DATE THAT 3
	103	+	IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 4
	104	+	THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 5
	105	+	TERM. 6
106	106
107		-	(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 6
108		-	FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCURS AFTER THE DATE THAT 7
109		-	IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 8
110		-	THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 9
111		-	TERM. 10
	107	+	(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 7
	108	+	DAYS BEFORE THE DEADLINE FOR FIL ING CERTIFICATES OF CANDIDACY FOR THE 8
	109	+	REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 9
	110	+	THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 10
	111	+	OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 11
	112	+	AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 12
	113	+	REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GEN ERAL 13
	114	+	ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 14
112	115
113		-	(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 11
114		-	DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR THE 12
115		-	REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR OF THE T ERM, 13
116		-	THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 14
117		-	OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 15
118		-	AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 16
119		-	REGULAR STATEWIDE PR IMARY ELECTI ON AND REGULAR STATE WIDE GENERAL 17
120		-	ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 18
	116	+	Article XVII – Quadrennial Elections 15
121	117
122		-	~~Article XVII – Quadrennial Elections 19~~
	118	+	2. 16
123	119
124		-	2. 20
	120	+	[Except for a special election that may be authorized to fill a vacancy in a County 17
	121	+	Council or a vacancy in the office of chief executive officer or County Executive, under 18
	122	+	Article XI–A, Section 3 of the Constitution,] 19
125	123
126		-	[Except for a special election that may be authorized to fill a vacancy in a County 21
127		-	Council or a vacancy in the office of chief executive officer or County Executive, under 22
128		-	Article XI–A, Section 3 of the Constitution,] 23
	124	+	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, elections by 20
	125	+	qualified voters for State and county officers shall be held on the Tuesday next after the 21
	126	+	first Monday of November, in the year nineteen hundred and twenty–six, and on the same 22
	127	+	day in every fourth year thereafter. 23
129	128
130		-	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, elections by 24
131		-	qualified voters for State and county officers shall be held on the Tuesday next after the 25
132		-	first Monday of November, in the year nineteen hundred and twenty–six, and on the same 26
133		-	day in every fourth year thereafter. 27
	129	+	(B) THIS SECTION DOES NOT APPLY TO A SPECI AL ELECTION: 24
134	130
135		-	(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 28
	131	+	(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 25
	132	+	OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 26
	133	+	XI–A, § 3 OF THE CONSTITUTION; OR 27
136	134
137		-	(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 29
138		-	OFFICE OF CHIEF EXECUTIVE O FFICER OR COUNTY EXECUTIVE UNDER ARTICLE 30
139		-	XI–A, § 3 OF THE CONSTITUTION; OR 31
	135	+	(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 28
	136	+	THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 29
140	137
141		-	(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 32
142		-	THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 33
	138	+	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 30
	139	+	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 31
	140	+	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 32
	141	+	Constitution concerning local approval of constitutional amendments do not apply. 33
143	142
144		-	SECTION 2. AND BE IT ~~F URTHER~~ ENACTED, That the ~~General Assembly~~ 34 4 SENATE BILL 73
	143	+	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 34 4 SENATE BILL 73
145	144
146	145
147		-	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 1
148		-	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 2
149		-	Constitution concerning local approval of constitutional amendments do not apply. 3
	146	+	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 1
	147	+	voters of the State at the next general election to be held in November 2022 for adoption or 2
	148	+	rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 3
	149	+	the vote on the proposed amendment to the Constitution shall be by ballot, and on each 4
	150	+	ballot there shall be printed the words “For the Constitutional Amendment” and “Against 5
	151	+	the Constitutional Amendment”, as now provided by law. Immediately after the election, 6
	152	+	all returns shall be made to the Governor of the vote for and against the proposed 7
	153	+	amendment, as directed by Article XIV of the Maryland Constitution, and further 8
	154	+	proceedings had in accordance with Article XIV. 9
150	155
151		-	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 4
152		-	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 5
153		-	voters of the State at the next general election to be held in November 2022 for adoption or 6
154		-	rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 7
155		-	the vote on the proposed amendment to the Constitution shall be by ballot, and on each 8
156		-	ballot there shall be printed the words “For the Constitutional Amendment” and “Against 9
157		-	the Constitutional Amendment”, as now provided by law. Immediately after the election, 10
158		-	all returns shall be made to the Governor of the vote for and against the proposed 11
159		-	amendment, as directed by Article XIV of the Maryland Constitution, and further 12
160		-	proceedings had in accordance with Article XIV. 13
161		-
162		-
163		-
164		-
165		-	Approved:
166		-	________________________________________________________________________________
167		-	Governor.
168		-	________________________________________________________________________________
169		-	President of the Senate.
170		-	________________________________________________________________________________
171		-	Speaker of the House of Delegates.