LAWRENCE J. HOGAN, JR., Governor Ch. 368
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Chapter 368
(Senate Bill 952)
AN ACT concerning
Frederick County – Board of Education – Vacancies
FOR the purpose of altering the method for filling a vacancy on the Frederick County Board
of Education; and generally relating to the Frederick County Board of Education.
BY repealing and reenacting, without amendments,
Article – Education
Section 3–5B–01(a)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 3–5B–01(d)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
3–5B–01.
(a) The Frederick County Board consists of eight members as follows:
(1) Seven members elected from the county at large; and
(2) One nonvoting student member.
(d) (1) The terms of voting members are staggered as provided in subsection
(c) of this section.
[(2) Subject to confirmation of the County Council, the County Executive
shall appoint a qualified individual to fill a vacancy on the county board for the remainder
of the term and until a successor is elected and qualifies.]
(2) IF THERE IS A VACANCY BY AN ELECTED MEMBER OF THE COUNTY
BOARD OCCURRING 30 DAYS OR LESS BEFORE THE CANDIDATE REGIST RATION
DEADLINE FOR THE NEX T PRIMARY ELECTION , THE COUNTY EXECUTIVE SHALL Ch. 368 2022 LAWS OF MARYLAND
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APPOINT, SUBJECT TO CONFIRMATION OF THE COUNTY COUNCIL, A QUALIFIED
INDIVIDUAL TO FILL T HE VACANCY ON THE COUNT Y BOARD FOR THE REMA INDER
OF THAT TERM AND UNT IL A SUCCESSOR IS EL ECTED IN ACCORDANCE WITH
PARAGRAPH (4)(I) OF THIS SUBSECTION AND QUALIFIES.
(3) IF THERE IS A VACANCY BY AN ELECTED MEMBER OF THE COUNTY
BOARD OCCURRING MORE THAN 30 DAYS BEFORE THE CAND IDATE REGISTRATION
DEADLINE FOR THE NEX T PRIMARY ELECTION F OLLOWING THE VACATIN G
MEMBER’S ELECTION:
(I) THE COUNTY EXECUTIVE SHALL APPOI NT, SUBJECT TO
CONFIRMAT ION OF THE COUNTY COUNCIL, A QUALIFIED INDIVIDU AL TO
TEMPORARILY FILL THE VACANCY ON THE COUNT Y BOARD WHO SHALL SE RVE UNTIL
A QUALIFIED INDIVIDU AL IS ELECTED IN ACC ORDANCE WITH PARAGRA PH (4)(II) OF
THIS SUBSECTION ; AND
(II) THE INDIVIDUAL ELECTE D UNDER ITEM (I) OF THIS
PARAGRAPH SHALL SERV E FOR THE REMAINDER OF THAT TERM UNTIL A
SUCCESSOR IS ELECTED AND QUALIFIES.
(4) AT A GENERAL ELECTION , VACANCIES SHALL BE F ILLED AS
FOLLOWS:
(I) THE CANDIDATES WITH T HE HIGHEST VOTE TOTA LS SHALL
FIRST FILL ANY VACANT POSITIONS FOR A FULL TERM OF 4 YEARS; AND
(II) AFTER ALL VACANT POSI TIONS FOR A FULL TER M OF 4
YEARS ARE FILLED , THE CANDIDATE WITH T HE NEXT HIGHEST VOTE TOTAL SHALL
FILL THE POSITION FO R WHICH A SUCCESSOR WAS APPOINTED UNDER PARAGRAPH
(3) OF THIS SUBSECTION AND SE RVE THE REMAINDER OF THAT TERM.
(5) CANDIDATES FOR A VACA TED OFFICE MAY BE NO MINATED AT A
PRIMARY ELECTION IN THE SAME MANNER AS A NY OTHER POSITION ON THE COUNTY
BOARD.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, May 16, 2022.