EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 29
G1, P5 CONSTITUTIONAL AMENDMENT 4lr0833
(PRE–FILED)
By: Senator Kagan
Requested: October 4, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Special Elections – Procedures and General Assembly Vacancies and Ties 2
FOR the purpose of requiring that a special election be held to fill a vacancy in the office of 3
or resolve a tie for election as Delegate or Senator in the General Assembly unless 4
the vacancy occurs during the year in which the General Assembly is elected; 5
requiring that a special election to fill a vacancy or resolve a tie be conducted by mail; 6
requiring the State Board of Elections and the local board of elections to each pay a 7
certain percentage of the cost of postage–paid envelopes for a special election, rather 8
than the local board paying the full cost; requiring a local board to take into account 9
certain factors when determining the location of a voting center for a special election; 10
and generally relating to special elections. 11
BY proposing an amendment to the Maryland Constitution 12
Article III – Legislative Department 13
Section 13 14
BY proposing an amendment to the Maryland Constitution 15
Article XVII – Quadrennial Elections 16
Section 2 17
BY repealing and reenacting, with amendments, 18
Article – Election Law 19
Section 8–401(b), 9–501(d), (e), and (f), 9–502(c), and 9–503(a) and (b)(1) 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2023 Supplement) 22
BY adding to 23
Article – Election Law 24
Section 8–402, 9–501(d), and 9–503(b)(3) 25
Annotated Code of Maryland 26 2 SENATE BILL 29
(2022 Replacement Volume and 2023 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 3
proposed that the Maryland Constitution read as follows: 4
Article III – Legislative Department 5
13. 6
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , IF AN 7
INDIVIDUAL ELECTED A S A DELEGATE OR SENATOR DIES , IS DISQUALIFIED , 8
RESIGNS, REFUSES TO ACT , IS EXPELLED, OR CEASES TO BE A RE SIDENT OF THE 9
DISTRICT FROM WHICH THE INDIVIDUAL WAS E LECTED, OR IN THE EVENT OF A TIE 10
BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR, 11
THE GOVERNOR SHALL ISSUE A PROCLAMATION WITHIN 10 DAYS AFTER THE DATE 12
THE VACANCY OR TIE OCCURS OR BECOMES KN OWN TO THE GOVERNOR DECLARING 13
THAT A SPECIAL PRIMA RY ELECTION AND A SPECIAL GENERA L ELECTION SHALL BE 14
HELD TO FILL THE VAC ANCY OR RESOLVE THE TIE . 15
[(a)] (B) (1) [In case of death, disqualification, resignation, refusal to act, 16
expulsion, or removal from the county or city for which he shall have been elected, of any 17
person who shall have been chosen as a Delegate or Senator, or in case of a tie between two 18
or more such qualified persons,] IF A VACANCY IN THE OFF ICE OF DELEGATE OR 19
SENATOR OCCURS DURING THE YEAR IN WHICH TH E GENERAL ASSEMBLY IS 20
ELECTED UNDER § 7 OF THIS ARTICLE , the Governor shall appoint [a person] to fill 21
[such] THE vacancy [from a person] AN INDIVIDUAL whose name shall be submitted to 22
[him] THE GOVERNOR in writing, within [thirty] 30 days after the occurrence of the 23
vacancy, by the Central Committee of the political party, if any, with which the Delegate 24
or Senator, so vacating, had been affiliated, at the time of the last election or appointment 25
of the vacating Senator or Delegate, in the County or District from which [he or she] THE 26
VACATING SENATOR OR DELEGATE was appointed or elected, provided that the 27
appointee shall be of the same political party, if any, as was that of the Delegate or Senator, 28
whose office is to be filled, at the time of the last election or appointment of the vacating 29
Delegate or Senator, and it shall be the duty of the Governor to make [said] THE 30
appointment within [fifteen] 15 days after the submission [thereof] OF A NAME to [him] 31
THE GOVERNOR. 32
(2) If a name is not submitted by the Central Committee within [thirty] 30 33
days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 34
days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 35
political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 36
the time of the last election or appointment of the vacating Delegate or Senator, and who 37
is otherwise properly qualified to hold the office of Delegate or Senator in the District or 38
County. 39 SENATE BILL 29 3
(3) In the event there is no Central Committee in the County or District 1
from which [said] THE vacancy is to be filled, the Governor shall within [fifteen] 15 days 2
after the occurrence of [such] THE vacancy appoint [a person] AN INDIVIDUAL , from the 3
same political party, if any, as that of the vacating Delegate or Senator, at the time of the 4
last election or appointment of the vacating Senator or Delegate, who is otherwise properly 5
qualified to hold the office of Delegate or Senator in [such] THE District or County. 6
(4) In every case when [any person] AN INDIVIDUAL is [so] appointed by 7
the Governor, [his] THE INDIVIDUAL ’S appointment shall be deemed to be for the 8
unexpired term of the [person] INDIVIDUAL whose office has become vacant. 9
[(b)] (5) In addition, and in submitting a name to the Governor to fill a vacancy 10
in a Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 11
counties of Maryland, the Central Committee or committees shall follow these provisions: 12
[(1)] (I) If the vacancy occurs in a district having the same boundaries as 13
a county, the Central Committee of the county shall submit the name of a resident of the 14
district. 15
[(2)] (II) If the vacancy occurs in a district which has boundaries 16
comprising a portion of one county, the Central Committee of that county shall submit the 17
name of a resident of the district. 18
[(3)] (III) If the vacancy occurs in a district which has boundaries 19
comprising a portion or all of two or more counties, the Central Committee of each county 20
involved shall have one vote for submitting the name of a resident of the district; and if 21
there is a tie vote between or among the Central Committees, the list of names there 22
proposed shall be submitted to the Governor, and [he] THE GOVERNOR shall make the 23
appointment from the list. 24
Article XVII – Quadrennial Elections 25
2. 26
(A) [Except for a special election that may be authorized to fill a vacancy in a 27
County Council or a vacancy in the office of chief executive officer or County Executive, 28
under Article XI–A, Section 3 of the Constitution] EXCEPT AS PROVIDED IN SUBSECTION 29
(B) OF THIS SECTION , elections by qualified voters for State and county officers shall be 30
held on the Tuesday next after the first Monday of November, in the year [nineteen 31
hundred and twenty–six] 1926, and on the same day in every fourth year thereafter. 32
(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 33
(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 34 4 SENATE BILL 29
OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 1
XI–A, § 3 OF THE CONSTITUTION; OR 2
(2) TO FILL A VACANCY IN THE OFFICE OF OR RESOLVE A TIE 3
BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 4
IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) OF THE CONSTITUTION. 5
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
as follows: 7
Article – Election Law 8
8–401. 9
(b) (1) Special elections to fill a vacancy in the office of Representative in 10
Congress shall be held at the time specified in Subtitle 7 of this title. 11
(2) (i) Special elections to fill vacancies in a county council or in the 12
office of chief executive officer or county executive shall be held as provided in the county 13
charter. 14
(II) SPECIAL ELECTIONS TO FILL A VACANCY OR RESOLVE A TIE 15
BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 16
IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) OF THE MARYLAND 17
CONSTITUTION SHALL BE HELD AT THE TIME SPECIFIED IN § 8–402 OF THIS 18
SUBTITLE. 19
[(ii)] (III) The date set for the special election [to fill a vacancy] 20
under this paragraph shall allow at least 45 days between the date a local board makes an 21
absentee ballot available to an absent uniformed services voter or overseas voter, as defined 22
under the Uniformed and Overseas Citizens Absentee Voting Act, and the date of the 23
special election. 24
8–402. 25
(A) THIS SECTION APPLIES ONLY TO A SPECIAL EL ECTION REQUIRED TO B E 26
HELD UNDER ARTICLE III, § 13(A) OF THE MARYLAND CONSTITUTION. 27
(B) WITHIN 10 DAYS AFTER THE DATE A VACANCY OR TIE OCCURS OR 28
BECOMES KNOWN TO THE GOVERNOR, AND AFTER CONSULTATION WITH THE STATE 29
ADMINISTRAT OR, THE GOVERNOR SHALL ISSUE A PROCLAMATION THAT: 30
(1) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND § 31
8–401(B)(2)(III) OF THIS SUBTITLE , ESTABLISHES THE DATE S OF THE SPECIAL 32
PRIMARY ELECTION AND SPECIAL GENERAL ELEC TION TO FILL THE VAC ANCY OR 33 SENATE BILL 29 5
RESOLVE THE TIE ; 1
(2) NOTWITHSTANDING ANY PROVISION OF THIS AR TICLE, MAY MAKE 2
ANY ALTERATIONS TO ELECTION–RELATED DEADLINE S THAT THE GOVERNOR 3
DETERMINES ARE NECES SARY FOR THE CONDUCT OF T HE SPECIAL ELECTION ; AND 4
(3) DIRECTS THE SPECIAL PRIMARY ELECTION AND SPECIAL 5
GENERAL ELECTION TO BE CONDUCTED BY MAIL . 6
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7
THE SPECIAL PRIMARY E LECTION OR THE SPECIAL GENERAL ELECTION: 8
(I) SHALL OCCUR AS EXPED ITIOUSLY AS PRACTICA BLE AFTER 9
THE OCCURRENCE OF TH E VACANCY; AND 10
(II) MAY BE HELD CONCURRE NTLY WITH A REGULARL Y 11
SCHEDULED ELECTION . 12
(2) (I) A SPECIAL PRIMARY ELEC TION OR SPECIAL GENE RAL 13
ELECTION MAY NOT BE HELD CONCURRENTLY WI TH A REGULARLY SCHED ULED 14
ELECTION IF HOLDING THE SPECIAL ELECTION CONCURRENTLY WITH A REGULARLY 15
SCHEDULED ELECTION W OULD REQUIRE DELAYING T HE SPECIAL ELECTION MORE 16
THAN 30 DAYS AFTER THE EARLI EST PRACTICABLE DATE FOR HOLDING THE 17
SPECIAL ELECTION . 18
(II) A SPECIAL PRIMARY ELEC TION MAY NOT BE HELD 19
CONCURRENTLY WITH A REGULARLY SCHEDULED GENERAL ELECTION . 20
9–501. 21
(D) A SPECIAL ELECTION TO FILL A VACANCY OR RESOLVE A TIE IN AN 22
ELECTION FOR DELEGATE OR SENATOR IN THE GENERAL ASSEMBLY SHALL BE 23
CONDUCTED BY MAIL IN ACCORDANCE WITH T HIS SUBTITLE. 24
[(d)] (E) (1) In this subsection, “local special election” means a special 25
election to: 26
(i) fill a vacancy in the offices of county council member, chief 27
executive officer, or county executive of a charter county if the charter of that county 28
provides for special elections; 29
(ii) fill a vacancy in the board of county commissioners of a code 30
home rule county if a local law enacted by that county provides for special elections; 31
6 SENATE BILL 29
(iii) fill a vacancy in the board of county commissioners of a 1
commission county if a law provides for special elections; 2
(iv) fill a vacancy in a local board of education if State law provides 3
for special elections; 4
(v) elect members of a charter board or submit a proposed charter to 5
the voters for adoption or rejection in accordance with Article XI–A, § 1A of the Maryland 6
Constitution; or 7
(vi) submit a local law enacted by a code home rule county to the 8
voters for adoption or rejection in accordance with § 9–313 of the Local Government Article. 9
(2) A local special election shall be conducted by mail if the resolution of 10
the county council or board of county commissioners establishing the date of the special 11
election directs that the election be conducted by mail. 12
[(e)] (F) Except as otherwise provided in this subtitle: 13
(1) provisions of this article relating to absentee voting apply to voting by 14
mail; and 15
(2) all pertinent State or local laws relating to the conduct of a special 16
election apply to a special election conducted under this subtitle. 17
[(f)] (G) Provisions of this article relating to the conduct of elections apply to a 18
special election conducted under this subtitle, unless a law specifically relevant to a special 19
election applies. 20
9–502. 21
(c) [In Montgomery County:] 22
(1) [each] EACH vote–by–mail ballot shall be accompanied by a 23
postage–paid envelope in which a voter may return the voted ballot to the local board[; 24
and]. 25
(2) [the] THE STATE BOARD AND THE local board EACH shall pay 50% 26
OF the cost of postage–paid envelopes provided under this subsection. 27
9–503. 28
(a) [Each] SUBJECT TO THE APPROV AL OF THE STATE BOARD, EACH local 29
board shall establish at least one voting center for the use of any eligible voter who chooses 30
to cast a ballot in person in a special election in accordance with this section. 31
SENATE BILL 29 7
(b) (1) A voting center shall be located at a local board office or another location 1
within the constituency where the special election is being held OR AS NEAR AS 2
PRACTICABLE TO THE C ONSTITUENCY WHERE TH E SPECIAL ELECTION I S BEING 3
HELD. 4
(3) A LOCAL BOARD SHALL TA KE INTO ACCOUNT THE FOLLOWING 5
FACTORS WHEN DETERMI NING THE LOCATION OF A VOTING CENTER : 6
(I) ACCESSIBILITY OF THE VOTING CENTER TO HIS TORICALLY 7
DISENFRANCHISED COMM UNITIES, INCLUDING CULTURAL G ROUPS, ETHNIC 8
GROUPS, AND MINORITY GROUPS ; 9
(II) PROXIMITY OF THE VOTING CENTER TO DEN SE 10
CONCENTRATIONS OF VO TERS; 11
(III) ACCESSIBILITY OF THE VOTING CENTER BY PUB LIC 12
TRANSPORTATION ; AND 13
(IV) MAXIMIZING OF VOTER PARTICIPATION , INCLUDING 14
THROUGH THE USE OF C OMMUNITY CENTERS AND PUBLIC GATHERING PLA CES AS A 15
LOCATION FOR A VOTING CENTER . 16
SECTION 3. AND BE IT FURTHER ENACTED, That , on or before October 1, 2028, 17
the State Board of Elections and the Department of Legislative Services shall jointly submit 18
a report to the Governor and, in accordance with § 2–1257 of the State Government Article, 19
the Senate Education, Energy, and the Environment Committee and the House Ways and 20
Means Committee that analyzes the benefits and fiscal impact of the various methods of 21
filling legislative vacancies. 22
SECTION 4. AND BE IT FURTHER ENACTED, That the General Assembly 23
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 24
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 25
Constitution concerning local approval of constitutional amendments do not apply. 26
SECTION 5. AND BE IT FURTHER ENACTED, That the amendment to the 27
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 28
voters of the State at the next general election to be held in November 2024 for adoption or 29
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 30
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 31
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 32
the Constitutional Amendment”, as now provided by law. Immediately after the election, 33
all returns shall be made to the Governor of the vote for and against the proposed 34
amendment, as directed by Article XIV of the Maryland Constitution, and further 35
proceedings had in accordance with Article XIV. 36
8 SENATE BILL 29
SECTION 6. AND BE IT FURTHER ENACTED, That Section s 2 and 3 of this Act 1
are contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 2
ratification by the voters of the State. 3
SECTION 7. AND BE IT FURTHER ENACTED, That, subject to the provisions of 4
Section 6 of this Act, Sections 2 and 3 of this Act shall take effect on the proclamation of 5
the Governor that the constitutional amendment, having received a majority of the votes 6
cast at the general election, has been adopted by the people of Maryland. 7