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.
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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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 13, 2024
CHAPTER ______
AN ACT concerning 1
Special Elections – Procedures and General Assembly Vacancies and Ties 2
General Assembly – Special Election to Fill a Vacancy in Office 3
FOR the purpose of requiring that a special election be held to fill a vacancy in the office of 4
or resolve a tie for election as Delegate or Senator in the General Assembly unless 5
the vacancy occurs during the year in which the General Assembly is elected; 6
requiring that a special election to fill a vacancy or resolve a tie be conducted by mail; 7
requiring the State Board of Elections and the local board of elections to each pay a 8
certain percentage of the cost of postage–paid envelopes for a special election, rather 9
than the local board paying the full cost; requiring a local board to take into account 10
certain factors when determining the location of a voting center for a special election; 11
and generally relating to special elections. at the same time as the regular statewide 12
primary and general elections that are held in the second year of a term to fill a 13
vacancy in the office of Delegate or Senator in the General Assembly if the vacancy 14
occurs on or before a certain date. 15
BY proposing an amendment to the Maryland Constitution 16
Article III – Legislative Department 17
Section 13 18
BY proposing an amendment to the Maryland Constitution 19
Article XVII – Quadrennial Elections 20
Section 2 21
2 SENATE BILL 29
BY repealing and reenacting, with amendments, 1
Article – Election Law 2
Section 8–401(b), 9–501(d), (e), and (f), 9–502(c), and 9–503(a) and (b)(1) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
BY adding to 6
Article – Election Law 7
Section 8–402, 9–501(d), and 9–503(b)(3) 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 12
proposed that the Maryland Constitution read as follows: 13
Article III – Legislative Department 14
13. 15
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , IF AN 16
INDIVIDUAL ELECTED A S A DELEGATE OR SENATOR DIES , IS DISQUALIFIED, 17
RESIGNS, REFUSES TO ACT , IS EXPELLED, OR CEASES TO BE A RE SIDENT OF THE 18
DISTRICT FROM WHICH THE INDIVIDUAL WAS E LECTED, OR IN THE EVENT OF A TIE 19
BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR, 20
THE GOVERNOR SHALL ISSUE A PROCLAMATION WITHIN 10 DAYS AFTER THE DATE 21
THE VACANCY OR TIE O CCURS OR BECOMES KNO WN TO THE GOVERNOR DECLARING 22
THAT A SPECIAL PRIMA RY ELECTION AND A SP ECIAL GENERAL ELECTI ON SHALL BE 23
HELD TO FILL THE VAC ANCY OR RESOLVE THE TIE. 24
[(a)] (B) (1) [In case of death, disqualification, resignation, refusal to act, 25
expulsion, or removal from the county or city for which he THE INDIVIDUAL shall have 26
been elected, of any person who shall have been chosen as a Delegate or Senator, or in case 27
of a tie between two or more such qualified persons,] IF A VACANCY IN THE O FFICE OF 28
DELEGATE OR SENATOR OCCURS DURING THE YEAR IN WHICH TH E GENERAL 29
ASSEMBLY IS ELECTED UNDER § 7 OF THIS ARTICLE, INDIVIDUALS the Governor shall 30
appoint [a person] AN INDIVIDUAL to fill [such] THE vacancy [from a person] AN 31
INDIVIDUAL whose name shall be submitted to [him] THE GOVERNOR in writing, within 32
[thirty] 30 days after the occurrence of the vacancy, by the Central Committee of the 33
political party, if any, with which the Delegate or Senator, so vacating, had been affiliated, 34
at the time of the last election or appointment of the vacating Senator or Delegate, in the 35
County or District from which [he or she] THE VACATING SENATOR OR DELEGATE was 36
appointed or elected, provided that the appointee shall be of the same political party, if any, 37
as was that of the Delegate or Senator, whose office is to be filled, at the time of the last 38
election or appointment of the vacating Delegate or Senator, and it shall be the duty of the 39 SENATE BILL 29 3
Governor to make [said] THE appointment within [fifteen] 15 days after the submission 1
[thereof] OF A NAME to [him] THE GOVERNOR. 2
(2) If a name is not submitted by the Central Committee within [thirty] 30 3
days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 4
days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 5
political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 6
the time of the last election or appointment of the vacating Delegate or Senator, and who 7
is otherwise properly qualified to hold the office of Delegate or Senator in the District or 8
County. 9
(3) In the event there is no Central Committee in the County or District 10
from which [said] THE vacancy is to be filled, the Governor shall within [fifteen] 15 days 11
after the occurrence of [such] THE vacancy appoint [a person] AN INDIVIDUAL , from the 12
same political party, if any, as that of the vacating Delegate or Senator, at the time of the 13
last election or appointment of the vacating Senator or Delegate, who is otherwise properly 14
qualified to hold the office of Delegate or Senator in [such] THE District or County. 15
(4) In every case when [any person] AN INDIVIDUAL is [so] appointed by 16
the Governor, [his] THE INDIVIDUAL ’S appointment shall be deemed to be for the 17
unexpired term of the [person] INDIVIDUAL whose office has become vacant. 18
[(b)] (5) In addition, and in submitting a name to the Governor to fill a vacancy 19
in a Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 20
counties of Maryland, the Central Committee or committees shall follow these provisions: 21
[(1)] (I) If the vacancy occurs in a district having the same boundaries as 22
a county, the Central Committee of the county shall submit the name of a resident of the 23
district. 24
[(2)] (II) If the vacancy occurs in a district which has boundaries 25
comprising a portion of one county, the Central Committee of that county shall submit the 26
name of a resident of the district. 27
[(3)] (III) If the vacancy occurs in a district which has boundaries 28
comprising a portion or all of two or more counties, the Central Committee of each county 29
involved shall have one vote for submitting the name of a resident of the district; and if 30
there is a tie vote between or among the Central Committees, the list of names there 31
proposed shall be submitted to the Governor, and [he] THE GOVERNOR shall make the 32
appointment from the list. 33
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 34
AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 35
SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 36
REMAINDER OF THE TER M. 37 4 SENATE BILL 29
(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 1
FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCURS AFTER THE DATE THAT 2
IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 3
THE REGULAR STATEWID E ELECTION THAT IS HELD I N THE SECOND YEAR OF THE 4
TERM. 5
(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 6
DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR THE 7
REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 8
THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 9
OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 10
AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 11
REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GENERAL 12
ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 13
Article XVII – Quadrennial Elections 14
2. 15
(A) [Except for a special election that may be authorized to fill a vacancy in a 16
County Council or a vacancy in the office of chief executive officer or County Executive, 17
under Article XI–A, Section 3 of the Constitution] EXCEPT AS PROVIDED IN SUBSECTION 18
(B) OF THIS SECTION , elections by qualified voters for State and county officers shall be 19
held on the Tuesday next after the first Monday of November, in the year [nineteen 20
hundred and twenty–six] 1926, and on the same day in every fourth year thereafter. 21
(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 22
(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 23
OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 24
XI–A, § 3 OF THE CONSTITUTION; OR 25
(2) TO FILL A VACANCY IN THE OFFICE OF OR RESOLVE A TIE 26
BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 27
IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) § 13(C) OF THE 28
CONSTITUTION. 29
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30
as follows: 31
Article – Election Law 32
8–401. 33
SENATE BILL 29 5
(b) (1) Special elections to fill a vacancy in the office of Representative in 1
Congress shall be held at the time specified in Subtitle 7 of this title. 2
(2) (i) Special elections to fill vacancies in a county council or in the 3
office of chief executive officer or county executive shall be held as provided in the county 4
charter. 5
(II) SPECIAL ELECTIONS TO FILL A VACANCY OR RE SOLVE A TIE 6
BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 7
IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) OF THE MARYLAND 8
CONSTITUTION SHALL BE HELD AT THE TIME SPECIFIED IN § 8–402 OF THIS 9
SUBTITLE. 10
[(ii)] (III) The date set for the special election [to fill a vacancy] 11
under this paragraph shall allow at least 45 days between the date a local board makes an 12
absentee ballot available to an absent uniformed services voter or overseas voter, as defined 13
under the Uniformed and Overseas Citizens Absentee Voting Act, and the date of the 14
special election. 15
8–402. 16
(A) THIS SECTION APPLIES ONLY TO A SPECIAL EL ECTION REQUIRED TO B E 17
HELD UNDER ARTICLE III, § 13(A) OF THE MARYLAND CONSTITUTION. 18
(B) WITHIN 10 DAYS AFTER THE DATE A VACANCY OR TIE OCC URS OR 19
BECOMES KNOWN TO THE GOVERNOR, AND AFTER CONSULTATI ON WITH THE STATE 20
ADMINISTRATOR , THE GOVERNOR SHALL ISSUE A PROCLAMATION THAT : 21
(1) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND § 22
8–401(B)(2)(III) OF THIS SUBTITLE , ESTABLISHES THE DATE S OF THE SPECIAL 23
PRIMARY ELECTION AND SPECIAL GENERAL ELEC TION TO FILL THE VAC ANCY OR 24
RESOLVE THE TIE ; 25
(2) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, MAY MAKE 26
ANY ALTERATIONS TO E LECTION–RELATED DEADLINES TH AT THE GOVERNOR 27
DETERMINES ARE NECES SARY FOR THE CONDUCT OF THE SPECIAL ELECT ION; AND 28
(3) DIRECTS THE SPECIAL PRIMARY ELECTION AND SPECIAL 29
GENERAL ELECTION TO BE CONDUCTED BY MAIL . 30
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 31
THE SPECIAL PRIMARY ELECTION OR THE SPEC IAL GENERAL ELECTION : 32
(I) SHALL OCCUR AS EXPED ITIOUSLY AS PRACTICA BLE AFTER 33
THE OCCURRENCE OF TH E VACANCY; AND 34 6 SENATE BILL 29
(II) MAY BE HELD CONCURRE NTLY WITH A REGULARLY 1
SCHEDULED ELECTION . 2
(2) (I) A SPECIAL PRIMARY ELEC TION OR SPECIAL GENE RAL 3
ELECTION MAY NOT BE HELD CONCURRENTLY WI TH A REGULARLY SCHED ULED 4
ELECTION IF HOLDING THE SPECIAL ELECTION CONCURRENTLY WITH A REGULARLY 5
SCHEDULED ELECTION W OULD REQUIRE DELAYING THE SPECIAL ELECTION MORE 6
THAN 30 DAYS AFTER THE EARLI EST PRACTICABLE DATE FOR HOLDING THE 7
SPECIAL ELECTION . 8
(II) A SPECIAL PRIMARY ELEC TION MAY NOT BE HELD 9
CONCURRENTLY WITH A REGULARLY SCHEDULED GENERAL ELECTION . 10
9–501. 11
(D) A SPECIAL ELECTION TO FILL A V ACANCY OR RESOLVE A TIE IN AN 12
ELECTION FOR DELEGATE OR SENATOR IN THE GENERAL ASSEMBLY SHALL BE 13
CONDUCTED BY MAIL IN ACCORDANCE WITH THIS SUBTITLE. 14
[(d)] (E) (1) In this subsection, “local special election” means a special 15
election to: 16
(i) fill a vacancy in the offices of county council member, chief 17
executive officer, or county executive of a charter county if the charter of that county 18
provides for special elections; 19
(ii) fill a vacancy in the board of county commissioners of a code 20
home rule county if a local law enacted by that county provides for special elections; 21
(iii) fill a vacancy in the board of county commissioners of a 22
commission county if a law provides for special elections; 23
(iv) fill a vacancy in a local board of education if State law provides 24
for special elections; 25
(v) elect members of a charter board or submit a proposed charter to 26
the voters for adoption or rejection in accordance with Article XI–A, § 1A of the Maryland 27
Constitution; or 28
(vi) submit a local law enacted by a code home rule county to the 29
voters for adoption or rejection in accordance with § 9–313 of the Local Government Article. 30
(2) A local special election shall be conducted by mail if the resolution of 31
the county council or board of county commissioners establishing the date of the special 32
election directs that the election be conducted by mail. 33 SENATE BILL 29 7
[(e)] (F) Except as otherwise provided in this subtitle: 1
(1) provisions of this article relating to absentee voting apply to voting by 2
mail; and 3
(2) all pertinent State or local laws relating to the conduct of a special 4
election apply to a special election conducted under this subtitle. 5
[(f)] (G) Provisions of this article relating to the conduct of elections apply to a 6
special election conducted under this subtitle, unless a law specifically relevant to a special 7
election applies. 8
9–502. 9
(c) [In Montgomery County:] 10
(1) [each] EACH vote–by–mail ballot shall be accompanied by a 11
postage–paid envelope in which a voter may return the voted ballot to the local board[; 12
and]. 13
(2) [the] THE STATE BOARD AND THE local board EACH shall pay 50% 14
OF the cost of postage–paid envelopes provided under this subsection. 15
9–503. 16
(a) [Each] SUBJECT TO THE APPROV AL OF THE STATE BOARD, EACH local 17
board shall establish at least one voting center for the use of any eligible voter who chooses 18
to cast a ballot in person in a special election in accordance with this section. 19
(b) (1) A voting center shall be located at a local board office or another location 20
within the constituency where the special election is being held OR AS NEAR AS 21
PRACTICABLE TO THE C ONSTITUENCY WHERE TH E SPECIAL ELECTION I S BEING 22
HELD. 23
(3) A LOCAL BOARD SHALL TA KE INTO ACCOUNT THE FOLLOWING 24
FACTORS WHEN DETERMI NING THE LOCATION OF A VO TING CENTER: 25
(I) ACCESSIBILITY OF THE VOTING CENTER TO HIS TORICALLY 26
DISENFRANCHISED COMM UNITIES, INCLUDING CULTURAL G ROUPS, ETHNIC 27
GROUPS, AND MINORITY GROUPS ; 28
(II) PROXIMITY OF THE VOT ING CENTER TO DENSE 29
CONCENTRATIONS OF VO TERS; 30
8 SENATE BILL 29
(III) ACCESSIBILITY OF THE VOTING CENTER BY PUB LIC 1
TRANSPORTATION ; AND 2
(IV) MAXIMIZING OF VOTER PARTICIPATION , INCLUDING 3
THROUGH THE USE OF C OMMUNITY CENTERS AND PUBLIC GATHERING PLA CES AS A 4
LOCATION FOR A VOTIN G CENTER. 5
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before October 1, 2028, 6
the State Board of Elections and the Department of Legislative Services shall jointly submit 7
a report to the Governor and, in accordance with § 2–1257 of the State Government Article, 8
the Senate Education, Energy, and the Environment Committee and the House Ways and 9
Means Committee that analyzes the benefits and fiscal impact of the various methods of 10
filling legislative vacancies. 11
SECTION 4. 2. AND BE IT FURTHER ENACTED, That the General Assembly 12
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 13
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 14
Constitution concerning local approval of constitutional amendments do not apply. 15
SECTION 5. 3. AND BE IT FURTHER ENACTED, That the amendment to the 16
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 17
voters of the State at the next general election to be held in November 2024 for adoption or 18
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 19
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 20
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 21
the Constitutional Amendment”, as now provided by law. Immediately after the election, 22
all returns shall be made to the Governor of the vote for and against the proposed 23
amendment, as directed by Article XIV of the Maryland Constitution, and further 24
proceedings had in accordance with Article XIV. 25
SECTION 6. AND BE IT FURTHER ENACTED, That Sections 2 and 3 of this Act 26
are contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 27
ratification by the voters of the State. 28
SECTION 7. AND BE IT FURTHER ENACTED, That, subject to the provisions of 29
Section 6 of this Act, Sections 2 and 3 of this Act shall take effect on the proclamation of 30
the Governor that the constitutional amendment, having received a majority of the votes 31
cast at the general election, has been adopted by the people of Maryland. 32