EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0417*
HOUSE BILL 417
G1, P5 CONSTITUTIONAL AMENDMENT 3lr0586
SB 73/22 – EHE
By: Delegates Foley, Acevero, Boafo, Edelson, Fair, Fraser –Hidalgo, Guyton,
Kaufman, Lehman, J. Long, Palakovich Carr, Qi, Ruth, Shetty, Solomon,
Stewart, Terrasa, and Vogel
Introduced and read first time: January 30, 2023
Assigned to: Ways and Means
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 2 HOUSE BILL 417
which the Delegate or Senator, so vacating, had been affiliated, at the time of the last 1
election or appointment of the vacating Senator or Delegate, in the County or District from 2
which he or she was appointed or elected, provided that the appointee shall be of the same 3
political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 4
the time of the last election or appointment of the vacating Delegate or Senator, and it shall 5
be the duty of the Governor to make said appointment within fifteen days after the 6
submission thereof to him. 7
(2) If a name is not submitted by the Central Committee within thirty days 8
after the occurrence of the vacancy, the Governor within another period of fifteen days shall 9
appoint a person, who shall be affiliated with the same political party, if any as was that of 10
the Delegate or Senator, whose office is to be filled, at the time of the last election or 11
appointment of the vacating Delegate or Senator, and who is otherwise properly qualified 12
to hold the office of Delegate or Senator in the District or County. 13
(3) In the event there is no Central Committee in the County or District 14
from which said vacancy is to be filled, the Governor shall within fifteen days after the 15
occurrence of such vacancy appoint a person, from the same political party, if any, as that 16
of the vacating Delegate or Senator, at the time of the last election or appointment of the 17
vacating Senator or Delegate, who is otherwise properly qualified to hold the office of 18
Delegate or Senator in such District or County. 19
[(4) In every case when any person is so appointed by the Governor, his 20
appointment shall be deemed to be for the unexpired term of the person whose office has 21
become vacant.] 22
(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 23
Legislative or Delegate district, as the case may be, in any of the twenty–three counties of 24
Maryland, the Central Committee or committees shall follow these provisions: 25
(1) If the vacancy occurs in a district having the same boundaries as a 26
county, the Central Committee of the county shall submit the name of a resident of the 27
district. 28
(2) If the vacancy occurs in a district which has boundaries comprising a 29
portion of one county, the Central Committee of that county shall submit the name of a 30
resident of the district. 31
(3) If the vacancy occurs in a district which has boundaries comprising a 32
portion or all of two or more counties, the Central Committee of each county involved shall 33
have one vote for submitting the name of a resident of the district; and if there is a tie vote 34
between or among the Central Committees, the list of names there proposed shall be 35
submitted to the Governor, and he shall make the appointment from the list. 36
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 37
AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 38
SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 39 HOUSE BILL 417 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 VACA NCY OCCURS AFTER THE DATE THAT 3
IS FIFTY–FIVE DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF 4
CANDIDACY FOR THE RE GULAR STATEWIDE ELEC TION THAT IS HELD IN THE SECOND 5
YEAR OF THE TERM . 6
(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 7
FIFTY–FIVE DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y 8
FOR THE REGULAR STAT EWIDE ELECTION THAT IS HELD IN THE SECON D YEAR OF 9
THE TERM, THE GOVERNOR SHALL ISSUE A PROCLA MATION IMMEDIATELY A FTER 10
THE OCCURRENCE OF TH E VACANCY DECLARING THAT A SPECIAL PRIMA RY 11
ELECTION AND A SPECI AL GENERAL ELECTION SHALL BE HELD AT THE SAME TIME 12
AS THE REGULAR STATE WIDE PRIMARY ELECTIO N AND REGULAR STATEW IDE 13
GENERAL ELEC TION THAT ARE HELD I N THE SECOND YEAR OF THE TERM. 14
Article XVII – Quadrennial Elections 15
2. 16
(A) [Except for a special election that may be authorized to fill a vacancy in a 17
County Council or a vacancy in the office of chief executive officer or County Executive, 18
under Article XI–A, Section 3 of the Constitution,] EXCEPT AS PROVIDED IN 19
SUBSECTION (B) OF THIS SECTION , elections by qualified voters for State and county 20
officers shall be held on the Tuesday next after the first Monday of November, in the year 21
nineteen hundred and twenty–six, and on the same day in every fourth year thereafter. 22
(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 23
(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 24
OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 25
XI–A, § 3 OF THE CONSTITUTION; OR 26
(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 27
THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 29
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 30
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 31
Constitution concerning local approval of constitutional amendments do not apply. 32
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 33
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 34
voters of the State at the next general election to be held in November 2024 for adoption or 35 4 HOUSE BILL 417
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 1
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 2
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 3
the Constitutional Amendment”, as now provided by law. Immediately after the election, 4
all returns shall be made to the Governor of the vote for and against the proposed 5
amendment, as directed by Article XIV of the Maryland Constitution, and further 6
proceedings had in accordance with Article XIV. 7