Maryland 2023 Regular Session

Maryland House Bill HB417 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0417
6	6
7	7	HOUSE BILL 417
8	8	G1, P5 CONSTITUTIONAL AMENDMENT 3lr0586
9	9	SB 73/22 – EHE
10	10	By: Delegates Foley, Acevero, Boafo, Edelson, Fair, Fraser –Hidalgo, Guyton,
11	11	Kaufman, Lehman, J. Long, Palakovich Carr, Qi, Ruth, Shetty, Solomon,
12	12	Stewart, Terrasa, and Vogel
13	13	Introduced and read first time: January 30, 2023
14	14	Assigned to: Ways and Means
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	General Assembly – Special Election to Fill a Vacancy in Office 2
21	21
22	22	FOR the purpose of requiring that a special election be held at the same time as the regular 3
23	23	statewide primary and general elections that are held in the second year of a term 4
24	24	to fill a vacancy in the office of Delegate or Senator in the General Assembly if the 5
25	25	vacancy occurs on or before a certain date. 6
26	26
27	27	BY proposing an amendment to the Maryland Constitution 7
28	28	Article III – Legislative Department 8
29	29	Section 13 9
30	30
31	31	BY proposing an amendment to the Maryland Constitution 10
32	32	Article XVII – Quadrennial Elections 11
33	33	Section 2 12
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
36	36	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
37	37	proposed that the Maryland Constitution read as follows: 15
38	38
39	39	Article III – Legislative Department 16
40	40
41	41	13. 17
42	42
43	43	(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18
44	44	or removal from the county or city for which he shall have been elected, of any person who 19
45	45	shall have been chosen as a Delegate or Senator, or in case of a tie between two or more 20
46	46	such qualified persons, the Governor shall appoint a person to fill such vacancy from a 21
47	47	person whose name shall be submitted to him in writing, within thirty days after the 22
48	48	occurrence of the vacancy, by the Central Committee of the political party, if any, with 23 2 HOUSE BILL 417
49	49
50	50
51	51	which the Delegate or Senator, so vacating, had been affiliated, at the time of the last 1
52	52	election or appointment of the vacating Senator or Delegate, in the County or District from 2
53	53	which he or she was appointed or elected, provided that the appointee shall be of the same 3
54	54	political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 4
55	55	the time of the last election or appointment of the vacating Delegate or Senator, and it shall 5
56	56	be the duty of the Governor to make said appointment within fifteen days after the 6
57	57	submission thereof to him. 7
58	58
59	59	(2) If a name is not submitted by the Central Committee within thirty days 8
60	60	after the occurrence of the vacancy, the Governor within another period of fifteen days shall 9
61	61	appoint a person, who shall be affiliated with the same political party, if any as was that of 10
62	62	the Delegate or Senator, whose office is to be filled, at the time of the last election or 11
63	63	appointment of the vacating Delegate or Senator, and who is otherwise properly qualified 12
64	64	to hold the office of Delegate or Senator in the District or County. 13
65	65
66	66	(3) In the event there is no Central Committee in the County or District 14
67	67	from which said vacancy is to be filled, the Governor shall within fifteen days after the 15
68	68	occurrence of such vacancy appoint a person, from the same political party, if any, as that 16
69	69	of the vacating Delegate or Senator, at the time of the last election or appointment of the 17
70	70	vacating Senator or Delegate, who is otherwise properly qualified to hold the office of 18
71	71	Delegate or Senator in such District or County. 19
72	72
73	73	[(4) In every case when any person is so appointed by the Governor, his 20
74	74	appointment shall be deemed to be for the unexpired term of the person whose office has 21
75	75	become vacant.] 22
76	76
77	77	(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 23
78	78	Legislative or Delegate district, as the case may be, in any of the twenty–three counties of 24
79	79	Maryland, the Central Committee or committees shall follow these provisions: 25
80	80
81	81	(1) If the vacancy occurs in a district having the same boundaries as a 26
82	82	county, the Central Committee of the county shall submit the name of a resident of the 27
83	83	district. 28
84	84
85	85	(2) If the vacancy occurs in a district which has boundaries comprising a 29
86	86	portion of one county, the Central Committee of that county shall submit the name of a 30
87	87	resident of the district. 31
88	88
89	89	(3) If the vacancy occurs in a district which has boundaries comprising a 32
90	90	portion or all of two or more counties, the Central Committee of each county involved shall 33
91	91	have one vote for submitting the name of a resident of the district; and if there is a tie vote 34
92	92	between or among the Central Committees, the list of names there proposed shall be 35
93	93	submitted to the Governor, and he shall make the appointment from the list. 36
94	94
95	95	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 37
96	96	AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 38
97	97	SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 39 HOUSE BILL 417 3
98	98
99	99
100	100	REMAINDER OF THE TER M. 1
101	101
102	102	(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 2
103	103	FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCURS AFTER THE DATE THAT 3
104	104	IS FIFTY–FIVE DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF 4
105	105	CANDIDACY FOR THE RE GULAR STATEWIDE ELEC TION THAT IS HELD IN THE SECOND 5
106	106	YEAR OF THE TERM . 6
107	107
108	108	(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 7
109	109	FIFTY–FIVE DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y 8
110	110	FOR THE REGULAR STAT EWIDE ELECTION THAT IS HELD IN THE SECON D YEAR OF 9
111	111	THE TERM, THE GOVERNOR SHALL ISSUE A PROCLA MATION IMMEDIATELY A FTER 10
112	112	THE OCCURRENCE OF TH E VACANCY DECLARING THAT A SPECIAL PRIMA RY 11
113	113	ELECTION AND A SPECI AL GENERAL ELECTION SHALL BE HELD AT THE SAME TIME 12
114	114	AS THE REGULAR STATE WIDE PRIMARY ELECTIO N AND REGULAR STATEW IDE 13
115	115	GENERAL ELEC TION THAT ARE HELD I N THE SECOND YEAR OF THE TERM. 14
116	116
117	117	Article XVII – Quadrennial Elections 15
118	118
119	119	2. 16
120	120
121	121	(A) [Except for a special election that may be authorized to fill a vacancy in a 17
122	122	County Council or a vacancy in the office of chief executive officer or County Executive, 18
123	123	under Article XI–A, Section 3 of the Constitution,] EXCEPT AS PROVIDED IN 19
124	124	SUBSECTION (B) OF THIS SECTION , elections by qualified voters for State and county 20
125	125	officers shall be held on the Tuesday next after the first Monday of November, in the year 21
126	126	nineteen hundred and twenty–six, and on the same day in every fourth year thereafter. 22
127	127
128	128	(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 23
129	129
130	130	(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 24
131	131	OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 25
132	132	XI–A, § 3 OF THE CONSTITUTION; OR 26
133	133
134	134	(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 27
135	135	THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 28
136	136
137	137	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 29
138	138	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 30
139	139	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 31
140	140	Constitution concerning local approval of constitutional amendments do not apply. 32
141	141
142	142	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 33
143	143	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 34
144	144	voters of the State at the next general election to be held in November 2024 for adoption or 35 4 HOUSE BILL 417
145	145
146	146
147	147	rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 1
148	148	the vote on the proposed amendment to the Constitution shall be by ballot, and on each 2
149	149	ballot there shall be printed the words “For the Constitutional Amendment” and “Against 3
150	150	the Constitutional Amendment”, as now provided by law. Immediately after the election, 4
151	151	all returns shall be made to the Governor of the vote for and against the proposed 5
152	152	amendment, as directed by Article XIV of the Maryland Constitution, and further 6
153	153	proceedings had in accordance with Article XIV. 7