EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0073*
SENATE BILL 73
G1, P5 CONSTITUTIONAL AMENDMENT 2lr0368
SB 6/21 – EHE (PRE–FILED)
By: Senator Lam Senators Lam, Hough, and Kagan
Requested: August 5, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 8, 2022
CHAPTER ______
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 2 SENATE BILL 73
or removal from the county or city for which he shall have been elected, of any person who 1
shall have been chosen as a Delegate or Senator, or in case of a tie between two or more 2
such qualified persons, the Governor shall appoint a person to fill such vacancy from a 3
person whose name shall be submitted to him in writing, within thirty days after the 4
occurrence of the vacancy, by the Central Committee of the political party, if any, with 5
which the Delegate or Senator, so vacating, had been affiliated, at the time of the last 6
election or appointment of the vacating Senator or Delegate, in the County or District from 7
which he or she was appointed or elected, provided that the appointee shall be of the same 8
political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 9
the time of the last election or appointment of the vacating Delegate or Senator, and it shall 10
be the duty of the Governor to make said appointment within fifteen days after the 11
submission thereof to him. 12
(2) If a name is not submitted by the Central Committee within thirty days 13
after the occurrence of the vacancy, the Governor within another period of fifteen days shall 14
appoint a person, who shall be affiliated with the same political party, if any as was that of 15
the Delegate or Senator, whose office is to be filled, at the time of the last election or 16
appointment of the vacating Delegate or Senator, and who is otherwise properly qualified 17
to hold the office of Delegate or Senator in the District or County. 18
(3) In the event there is no Central Committee in the County or District 19
from which said vacancy is to be filled, the Governor shall within fifteen days after the 20
occurrence of such vacancy appoint a person, from the same political party, if any, as that 21
of the vacating Delegate or Senator, at the time of the last election or appointment of the 22
vacating Senator or Delegate, who is otherwise properly qualified to hold the office of 23
Delegate or Senator in such District or County. 24
[(4) In every case when any person is so appointed by the Governor, his 25
appointment shall be deemed to be for the unexpired term of the person whose office has 26
become vacant.] 27
(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 28
Legislative or Delegate district, as the case may be, in any of the twenty–three counties of 29
Maryland, the Central Committee or committees shall follow these provisions: 30
(1) If the vacancy occurs in a district having the same boundaries as a 31
county, the Central Committee of the county shall submit the name of a resident of the 32
district. 33
(2) If the vacancy occurs in a district which has boundaries comprising a 34
portion of one county, the Central Committee of that county shall submit the name of a 35
resident of the district. 36
(3) If the vacancy occurs in a district which has boundaries comprising a 37
portion or all of two or more counties, the Central Committee of each county involved shall 38
have one vote for submitting the name of a resident of the district; and if there is a tie vote 39
between or among the Central Committees, the list of names there proposed shall be 40 SENATE BILL 73 3
submitted to the Governor, and he shall make the appointment from the list. 1
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 2
AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 3
SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION TO FIL L THE 4
REMAINDER OF THE TER M. 5
(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 6
FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCURS AFTER THE DATE THAT 7
IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 8
THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 9
TERM. 10
(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 11
DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR THE 12
REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR OF THE T ERM, 13
THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 14
OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 15
AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 16
REGULAR STATEWIDE PR IMARY ELECTI ON AND REGULAR STATE WIDE GENERAL 17
ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 18
Article XVII – Quadrennial Elections 19
2. 20
[Except for a special election that may be authorized to fill a vacancy in a County 21
Council or a vacancy in the office of chief executive officer or County Executive, under 22
Article XI–A, Section 3 of the Constitution,] 23
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, elections by 24
qualified voters for State and county officers shall be held on the Tuesday next after the 25
first Monday of November, in the year nineteen hundred and twenty–six, and on the same 26
day in every fourth year thereafter. 27
(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 28
(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 29
OFFICE OF CHIEF EXECUTIVE O FFICER OR COUNTY EXECUTIVE UNDER ARTICLE 30
XI–A, § 3 OF THE CONSTITUTION; OR 31
(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 32
THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 33
SECTION 2. AND BE IT F URTHER ENACTED, That the General Assembly 34 4 SENATE BILL 73
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 1
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 2
Constitution concerning local approval of constitutional amendments do not apply. 3
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 4
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 5
voters of the State at the next general election to be held in November 2022 for adoption or 6
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 7
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 8
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 9
the Constitutional Amendment”, as now provided by law. Immediately after the election, 10
all returns shall be made to the Governor of the vote for and against the proposed 11
amendment, as directed by Article XIV of the Maryland Constitution, and further 12
proceedings had in accordance with Article XIV. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.