Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0029* | |
9 | 6 | ||
10 | 7 | SENATE BILL 29 | |
11 | 8 | G1, P5 CONSTITUTIONAL AMENDMENT 4lr0833 | |
12 | 9 | (PRE–FILED) | |
13 | 10 | By: Senator Kagan | |
14 | 11 | Requested: October 4, 2023 | |
15 | 12 | Introduced and read first time: January 10, 2024 | |
16 | 13 | Assigned to: Education, Energy, and the Environment | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: February 13, 2024 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | 19 | Special Elections – Procedures and General Assembly Vacancies and Ties 2 | |
26 | - | General Assembly – Special Election to Fill a Vacancy in Office 3 | |
27 | 20 | ||
28 | - | FOR the purpose of requiring that a special election be held to fill a vacancy in the office of 4 | |
29 | - | or resolve a tie for election as Delegate or Senator in the General Assembly unless 5 | |
30 | - | the vacancy occurs during the year in which the General Assembly is elected; 6 | |
31 | - | requiring that a special election to fill a vacancy or resolve a tie be conducted by mail; 7 | |
32 | - | requiring the State Board of Elections and the local board of elections to each pay a 8 | |
33 | - | certain percentage of the cost of postage–paid envelopes for a special election, rather 9 | |
34 | - | than the local board paying the full cost; requiring a local board to take into account 10 | |
35 | - | certain factors when determining the location of a voting center for a special election; 11 | |
36 | - | and generally relating to special elections. at the same time as the regular statewide 12 | |
37 | - | primary and general elections that are held in the second year of a term to fill a 13 | |
38 | - | vacancy in the office of Delegate or Senator in the General Assembly if the vacancy 14 | |
39 | - | occurs on or before a certain date. 15 | |
21 | + | FOR the purpose of requiring that a special election be held to fill a vacancy in the office of 3 | |
22 | + | or resolve a tie for election as Delegate or Senator in the General Assembly unless 4 | |
23 | + | the vacancy occurs during the year in which the General Assembly is elected; 5 | |
24 | + | requiring that a special election to fill a vacancy or resolve a tie be conducted by mail; 6 | |
25 | + | requiring the State Board of Elections and the local board of elections to each pay a 7 | |
26 | + | certain percentage of the cost of postage–paid envelopes for a special election, rather 8 | |
27 | + | than the local board paying the full cost; requiring a local board to take into account 9 | |
28 | + | certain factors when determining the location of a voting center for a special election; 10 | |
29 | + | and generally relating to special elections. 11 | |
40 | 30 | ||
41 | - | BY proposing an amendment to the Maryland Constitution | |
42 | - | Article III – Legislative Department | |
43 | - | Section 13 | |
31 | + | BY proposing an amendment to the Maryland Constitution 12 | |
32 | + | Article III – Legislative Department 13 | |
33 | + | Section 13 14 | |
44 | 34 | ||
45 | - | BY proposing an amendment to the Maryland Constitution 19 | |
46 | - | Article XVII – Quadrennial Elections 20 | |
47 | - | Section 2 21 | |
48 | - | 2 SENATE BILL 29 | |
35 | + | BY proposing an amendment to the Maryland Constitution 15 | |
36 | + | Article XVII – Quadrennial Elections 16 | |
37 | + | Section 2 17 | |
38 | + | ||
39 | + | BY repealing and reenacting, with amendments, 18 | |
40 | + | Article – Election Law 19 | |
41 | + | Section 8–401(b), 9–501(d), (e), and (f), 9–502(c), and 9–503(a) and (b)(1) 20 | |
42 | + | Annotated Code of Maryland 21 | |
43 | + | (2022 Replacement Volume and 2023 Supplement) 22 | |
44 | + | ||
45 | + | BY adding to 23 | |
46 | + | Article – Election Law 24 | |
47 | + | Section 8–402, 9–501(d), and 9–503(b)(3) 25 | |
48 | + | Annotated Code of Maryland 26 2 SENATE BILL 29 | |
49 | 49 | ||
50 | 50 | ||
51 | - | BY repealing and reenacting, with amendments, 1 | |
52 | - | Article – Election Law 2 | |
53 | - | Section 8–401(b), 9–501(d), (e), and (f), 9–502(c), and 9–503(a) and (b)(1) 3 | |
54 | - | Annotated Code of Maryland 4 | |
55 | - | (2022 Replacement Volume and 2023 Supplement) 5 | |
51 | + | (2022 Replacement Volume and 2023 Supplement) 1 | |
56 | 52 | ||
57 | - | BY adding to 6 | |
58 | - | Article – Election Law 7 | |
59 | - | Section 8–402, 9–501(d), and 9–503(b)(3) 8 | |
60 | - | Annotated Code of Maryland 9 | |
61 | - | (2022 Replacement Volume and 2023 Supplement) 10 | |
53 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 | |
54 | + | (Three–fifths of all the members elected to each of the two Houses concurring), That it be 3 | |
55 | + | proposed that the Maryland Constitution read as follows: 4 | |
62 | 56 | ||
63 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
64 | - | (Three–fifths of all the members elected to each of the two Houses concurring), That it be 12 | |
65 | - | proposed that the Maryland Constitution read as follows: 13 | |
57 | + | Article III – Legislative Department 5 | |
66 | 58 | ||
67 | - | ||
59 | + | 13. 6 | |
68 | 60 | ||
69 | - | 13. 15 | |
61 | + | (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , IF AN 7 | |
62 | + | INDIVIDUAL ELECTED A S A DELEGATE OR SENATOR DIES , IS DISQUALIFIED , 8 | |
63 | + | RESIGNS, REFUSES TO ACT , IS EXPELLED, OR CEASES TO BE A RE SIDENT OF THE 9 | |
64 | + | DISTRICT FROM WHICH THE INDIVIDUAL WAS E LECTED, OR IN THE EVENT OF A TIE 10 | |
65 | + | BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR, 11 | |
66 | + | THE GOVERNOR SHALL ISSUE A PROCLAMATION WITHIN 10 DAYS AFTER THE DATE 12 | |
67 | + | THE VACANCY OR TIE OCCURS OR BECOMES KN OWN TO THE GOVERNOR DECLARING 13 | |
68 | + | THAT A SPECIAL PRIMA RY ELECTION AND A SPECIAL GENERA L ELECTION SHALL BE 14 | |
69 | + | HELD TO FILL THE VAC ANCY OR RESOLVE THE TIE . 15 | |
70 | 70 | ||
71 | - | (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , IF AN 16 | |
72 | - | INDIVIDUAL ELECTED A S A DELEGATE OR SENATOR DIES , IS DISQUALIFIED, 17 | |
73 | - | RESIGNS, REFUSES TO ACT , IS EXPELLED, OR CEASES TO BE A RE SIDENT OF THE 18 | |
74 | - | DISTRICT FROM WHICH THE INDIVIDUAL WAS E LECTED, OR IN THE EVENT OF A TIE 19 | |
75 | - | BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR, 20 | |
76 | - | THE GOVERNOR SHALL ISSUE A PROCLAMATION WITHIN 10 DAYS AFTER THE DATE 21 | |
77 | - | THE VACANCY OR TIE O CCURS OR BECOMES KNO WN TO THE GOVERNOR DECLARING 22 | |
78 | - | THAT A SPECIAL PRIMA RY ELECTION AND A SP ECIAL GENERAL ELECTI ON SHALL BE 23 | |
79 | - | HELD TO FILL THE VAC ANCY OR RESOLVE THE TIE. 24 | |
71 | + | [(a)] (B) (1) [In case of death, disqualification, resignation, refusal to act, 16 | |
72 | + | expulsion, or removal from the county or city for which he shall have been elected, of any 17 | |
73 | + | person who shall have been chosen as a Delegate or Senator, or in case of a tie between two 18 | |
74 | + | or more such qualified persons,] IF A VACANCY IN THE OFF ICE OF DELEGATE OR 19 | |
75 | + | SENATOR OCCURS DURING THE YEAR IN WHICH TH E GENERAL ASSEMBLY IS 20 | |
76 | + | ELECTED UNDER § 7 OF THIS ARTICLE , the Governor shall appoint [a person] to fill 21 | |
77 | + | [such] THE vacancy [from a person] AN INDIVIDUAL whose name shall be submitted to 22 | |
78 | + | [him] THE GOVERNOR in writing, within [thirty] 30 days after the occurrence of the 23 | |
79 | + | vacancy, by the Central Committee of the political party, if any, with which the Delegate 24 | |
80 | + | or Senator, so vacating, had been affiliated, at the time of the last election or appointment 25 | |
81 | + | of the vacating Senator or Delegate, in the County or District from which [he or she] THE 26 | |
82 | + | VACATING SENATOR OR DELEGATE was appointed or elected, provided that the 27 | |
83 | + | appointee shall be of the same political party, if any, as was that of the Delegate or Senator, 28 | |
84 | + | whose office is to be filled, at the time of the last election or appointment of the vacating 29 | |
85 | + | Delegate or Senator, and it shall be the duty of the Governor to make [said] THE 30 | |
86 | + | appointment within [fifteen] 15 days after the submission [thereof] OF A NAME to [him] 31 | |
87 | + | THE GOVERNOR. 32 | |
80 | 88 | ||
81 | - | [(a)] (B) (1) [In case of death, disqualification, resignation, refusal to act, 25 | |
82 | - | expulsion, or removal from the county or city for which he THE INDIVIDUAL shall have 26 | |
83 | - | been elected, of any person who shall have been chosen as a Delegate or Senator, or in case 27 | |
84 | - | of a tie between two or more such qualified persons,] IF A VACANCY IN THE O FFICE OF 28 | |
85 | - | DELEGATE OR SENATOR OCCURS DURING THE YEAR IN WHICH TH E GENERAL 29 | |
86 | - | ASSEMBLY IS ELECTED UNDER § 7 OF THIS ARTICLE, INDIVIDUALS the Governor shall 30 | |
87 | - | appoint [a person] AN INDIVIDUAL to fill [such] THE vacancy [from a person] AN 31 | |
88 | - | INDIVIDUAL whose name shall be submitted to [him] THE GOVERNOR in writing, within 32 | |
89 | - | [thirty] 30 days after the occurrence of the vacancy, by the Central Committee of the 33 | |
90 | - | political party, if any, with which the Delegate or Senator, so vacating, had been affiliated, 34 | |
91 | - | at the time of the last election or appointment of the vacating Senator or Delegate, in the 35 | |
92 | - | County or District from which [he or she] THE VACATING SENATOR OR DELEGATE was 36 | |
93 | - | appointed or elected, provided that the appointee shall be of the same political party, if any, 37 | |
94 | - | as was that of the Delegate or Senator, whose office is to be filled, at the time of the last 38 | |
95 | - | election or appointment of the vacating Delegate or Senator, and it shall be the duty of the 39 SENATE BILL 29 3 | |
96 | - | ||
97 | - | ||
98 | - | Governor to make [said] THE appointment within [fifteen] 15 days after the submission 1 | |
99 | - | [thereof] OF A NAME to [him] THE GOVERNOR. 2 | |
100 | - | ||
101 | - | (2) If a name is not submitted by the Central Committee within [thirty] 30 3 | |
102 | - | days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 4 | |
103 | - | days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 5 | |
104 | - | political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 6 | |
105 | - | the time of the last election or appointment of the vacating Delegate or Senator, and who 7 | |
106 | - | is otherwise properly qualified to hold the office of Delegate or Senator in the District or 8 | |
107 | - | County. 9 | |
108 | - | ||
109 | - | (3) In the event there is no Central Committee in the County or District 10 | |
110 | - | from which [said] THE vacancy is to be filled, the Governor shall within [fifteen] 15 days 11 | |
111 | - | after the occurrence of [such] THE vacancy appoint [a person] AN INDIVIDUAL , from the 12 | |
112 | - | same political party, if any, as that of the vacating Delegate or Senator, at the time of the 13 | |
113 | - | last election or appointment of the vacating Senator or Delegate, who is otherwise properly 14 | |
114 | - | qualified to hold the office of Delegate or Senator in [such] THE District or County. 15 | |
115 | - | ||
116 | - | (4) In every case when [any person] AN INDIVIDUAL is [so] appointed by 16 | |
117 | - | the Governor, [his] THE INDIVIDUAL ’S appointment shall be deemed to be for the 17 | |
118 | - | unexpired term of the [person] INDIVIDUAL whose office has become vacant. 18 | |
119 | - | ||
120 | - | [(b)] (5) In addition, and in submitting a name to the Governor to fill a vacancy 19 | |
121 | - | in a Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 20 | |
122 | - | counties of Maryland, the Central Committee or committees shall follow these provisions: 21 | |
123 | - | ||
124 | - | [(1)] (I) If the vacancy occurs in a district having the same boundaries as 22 | |
125 | - | a county, the Central Committee of the county shall submit the name of a resident of the 23 | |
126 | - | district. 24 | |
127 | - | ||
128 | - | [(2)] (II) If the vacancy occurs in a district which has boundaries 25 | |
129 | - | comprising a portion of one county, the Central Committee of that county shall submit the 26 | |
130 | - | name of a resident of the district. 27 | |
131 | - | ||
132 | - | [(3)] (III) If the vacancy occurs in a district which has boundaries 28 | |
133 | - | comprising a portion or all of two or more counties, the Central Committee of each county 29 | |
134 | - | involved shall have one vote for submitting the name of a resident of the district; and if 30 | |
135 | - | there is a tie vote between or among the Central Committees, the list of names there 31 | |
136 | - | proposed shall be submitted to the Governor, and [he] THE GOVERNOR shall make the 32 | |
137 | - | appointment from the list. 33 | |
138 | - | ||
139 | - | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 34 | |
140 | - | AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 35 | |
141 | - | SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 36 | |
142 | - | REMAINDER OF THE TER M. 37 4 SENATE BILL 29 | |
89 | + | (2) If a name is not submitted by the Central Committee within [thirty] 30 33 | |
90 | + | days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 34 | |
91 | + | days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 35 | |
92 | + | political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at 36 | |
93 | + | the time of the last election or appointment of the vacating Delegate or Senator, and who 37 | |
94 | + | is otherwise properly qualified to hold the office of Delegate or Senator in the District or 38 | |
95 | + | County. 39 SENATE BILL 29 3 | |
143 | 96 | ||
144 | 97 | ||
145 | 98 | ||
146 | - | (2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 1 | |
147 | - | FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCURS AFTER THE DATE THAT 2 | |
148 | - | IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 3 | |
149 | - | THE REGULAR STATEWID E ELECTION THAT IS HELD I N THE SECOND YEAR OF THE 4 | |
150 | - | TERM. 5 | |
99 | + | (3) In the event there is no Central Committee in the County or District 1 | |
100 | + | from which [said] THE vacancy is to be filled, the Governor shall within [fifteen] 15 days 2 | |
101 | + | after the occurrence of [such] THE vacancy appoint [a person] AN INDIVIDUAL , from the 3 | |
102 | + | same political party, if any, as that of the vacating Delegate or Senator, at the time of the 4 | |
103 | + | last election or appointment of the vacating Senator or Delegate, who is otherwise properly 5 | |
104 | + | qualified to hold the office of Delegate or Senator in [such] THE District or County. 6 | |
151 | 105 | ||
152 | - | (3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 6 | |
153 | - | DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR THE 7 | |
154 | - | REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 8 | |
155 | - | THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 9 | |
156 | - | OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 10 | |
157 | - | AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 11 | |
158 | - | REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GENERAL 12 | |
159 | - | ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 13 | |
106 | + | (4) In every case when [any person] AN INDIVIDUAL is [so] appointed by 7 | |
107 | + | the Governor, [his] THE INDIVIDUAL ’S appointment shall be deemed to be for the 8 | |
108 | + | unexpired term of the [person] INDIVIDUAL whose office has become vacant. 9 | |
160 | 109 | ||
161 | - | Article XVII – Quadrennial Elections 14 | |
110 | + | [(b)] (5) In addition, and in submitting a name to the Governor to fill a vacancy 10 | |
111 | + | in a Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 11 | |
112 | + | counties of Maryland, the Central Committee or committees shall follow these provisions: 12 | |
162 | 113 | ||
163 | - | 2. 15 | |
114 | + | [(1)] (I) If the vacancy occurs in a district having the same boundaries as 13 | |
115 | + | a county, the Central Committee of the county shall submit the name of a resident of the 14 | |
116 | + | district. 15 | |
164 | 117 | ||
165 | - | (A) [Except for a special election that may be authorized to fill a vacancy in a 16 | |
166 | - | County Council or a vacancy in the office of chief executive officer or County Executive, 17 | |
167 | - | under Article XI–A, Section 3 of the Constitution] EXCEPT AS PROVIDED IN SUBSECTION 18 | |
168 | - | (B) OF THIS SECTION , elections by qualified voters for State and county officers shall be 19 | |
169 | - | held on the Tuesday next after the first Monday of November, in the year [nineteen 20 | |
170 | - | hundred and twenty–six] 1926, and on the same day in every fourth year thereafter. 21 | |
118 | + | [(2)] (II) If the vacancy occurs in a district which has boundaries 16 | |
119 | + | comprising a portion of one county, the Central Committee of that county shall submit the 17 | |
120 | + | name of a resident of the district. 18 | |
171 | 121 | ||
172 | - | (B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 22 | |
122 | + | [(3)] (III) If the vacancy occurs in a district which has boundaries 19 | |
123 | + | comprising a portion or all of two or more counties, the Central Committee of each county 20 | |
124 | + | involved shall have one vote for submitting the name of a resident of the district; and if 21 | |
125 | + | there is a tie vote between or among the Central Committees, the list of names there 22 | |
126 | + | proposed shall be submitted to the Governor, and [he] THE GOVERNOR shall make the 23 | |
127 | + | appointment from the list. 24 | |
173 | 128 | ||
174 | - | (1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 23 | |
175 | - | OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 24 | |
176 | - | XI–A, § 3 OF THE CONSTITUTION; OR 25 | |
129 | + | Article XVII – Quadrennial Elections 25 | |
177 | 130 | ||
178 | - | (2) TO FILL A VACANCY IN THE OFFICE OF OR RESOLVE A TIE 26 | |
179 | - | BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 27 | |
180 | - | IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) § 13(C) OF THE 28 | |
181 | - | CONSTITUTION. 29 | |
131 | + | 2. 26 | |
182 | 132 | ||
183 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30 | |
184 | - | as follows: 31 | |
133 | + | (A) [Except for a special election that may be authorized to fill a vacancy in a 27 | |
134 | + | County Council or a vacancy in the office of chief executive officer or County Executive, 28 | |
135 | + | under Article XI–A, Section 3 of the Constitution] EXCEPT AS PROVIDED IN SUBSECTION 29 | |
136 | + | (B) OF THIS SECTION , elections by qualified voters for State and county officers shall be 30 | |
137 | + | held on the Tuesday next after the first Monday of November, in the year [nineteen 31 | |
138 | + | hundred and twenty–six] 1926, and on the same day in every fourth year thereafter. 32 | |
185 | 139 | ||
186 | - | ||
140 | + | (B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 33 | |
187 | 141 | ||
188 | - | 8–401. 33 | |
189 | - | SENATE BILL 29 5 | |
142 | + | (1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 34 4 SENATE BILL 29 | |
190 | 143 | ||
191 | 144 | ||
192 | - | ||
193 | - | ||
145 | + | OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 1 | |
146 | + | XI–A, § 3 OF THE CONSTITUTION; OR 2 | |
194 | 147 | ||
195 | - | (2) | |
196 | - | ||
197 | - | ||
148 | + | (2) TO FILL A VACANCY IN THE OFFICE OF OR RESOLVE A TIE 3 | |
149 | + | BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 4 | |
150 | + | IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) OF THE CONSTITUTION. 5 | |
198 | 151 | ||
199 | - | (II) SPECIAL ELECTIONS TO FILL A VACANCY OR RE SOLVE A TIE 6 | |
200 | - | BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 7 | |
201 | - | IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) OF THE MARYLAND 8 | |
202 | - | CONSTITUTION SHALL BE HELD AT THE TIME SPECIFIED IN § 8–402 OF THIS 9 | |
203 | - | SUBTITLE. 10 | |
152 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6 | |
153 | + | as follows: 7 | |
204 | 154 | ||
205 | - | [(ii)] (III) The date set for the special election [to fill a vacancy] 11 | |
206 | - | under this paragraph shall allow at least 45 days between the date a local board makes an 12 | |
207 | - | absentee ballot available to an absent uniformed services voter or overseas voter, as defined 13 | |
208 | - | under the Uniformed and Overseas Citizens Absentee Voting Act, and the date of the 14 | |
209 | - | special election. 15 | |
155 | + | Article – Election Law 8 | |
210 | 156 | ||
211 | - | 8– | |
157 | + | 8–401. 9 | |
212 | 158 | ||
213 | - | ( | |
214 | - | HELD | |
159 | + | (b) (1) Special elections to fill a vacancy in the office of Representative in 10 | |
160 | + | Congress shall be held at the time specified in Subtitle 7 of this title. 11 | |
215 | 161 | ||
216 | - | ( | |
217 | - | ||
218 | - | ||
162 | + | (2) (i) Special elections to fill vacancies in a county council or in the 12 | |
163 | + | office of chief executive officer or county executive shall be held as provided in the county 13 | |
164 | + | charter. 14 | |
219 | 165 | ||
220 | - | (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND § 22 | |
221 | - | 8–401(B)(2)(III) OF THIS SUBTITLE , ESTABLISHES THE DATE S OF THE SPECIAL 23 | |
222 | - | PRIMARY ELECTION AND SPECIAL GENERAL ELEC TION TO FILL THE VAC ANCY OR 24 | |
223 | - | RESOLVE THE TIE ; 25 | |
166 | + | (II) SPECIAL ELECTIONS TO FILL A VACANCY OR RESOLVE A TIE 15 | |
167 | + | BETWEEN TWO OR MORE CANDIDATES FOR ELECT ION AS A DELEGATE OR SENATOR 16 | |
168 | + | IN THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(A) OF THE MARYLAND 17 | |
169 | + | CONSTITUTION SHALL BE HELD AT THE TIME SPECIFIED IN § 8–402 OF THIS 18 | |
170 | + | SUBTITLE. 19 | |
224 | 171 | ||
225 | - | (2) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, MAY MAKE 26 | |
226 | - | ANY ALTERATIONS TO E LECTION–RELATED DEADLINES TH AT THE GOVERNOR 27 | |
227 | - | DETERMINES ARE NECES SARY FOR THE CONDUCT OF THE SPECIAL ELECT ION; AND 28 | |
172 | + | [(ii)] (III) The date set for the special election [to fill a vacancy] 20 | |
173 | + | under this paragraph shall allow at least 45 days between the date a local board makes an 21 | |
174 | + | absentee ballot available to an absent uniformed services voter or overseas voter, as defined 22 | |
175 | + | under the Uniformed and Overseas Citizens Absentee Voting Act, and the date of the 23 | |
176 | + | special election. 24 | |
228 | 177 | ||
229 | - | (3) DIRECTS THE SPECIAL PRIMARY ELECTION AND SPECIAL 29 | |
230 | - | GENERAL ELECTION TO BE CONDUCTED BY MAIL . 30 | |
178 | + | 8–402. 25 | |
231 | 179 | ||
232 | - | ( | |
233 | - | ||
180 | + | (A) THIS SECTION APPLIES ONLY TO A SPECIAL EL ECTION REQUIRED TO B E 26 | |
181 | + | HELD UNDER ARTICLE III, § 13(A) OF THE MARYLAND CONSTITUTION. 27 | |
234 | 182 | ||
235 | - | (I) SHALL OCCUR AS EXPED ITIOUSLY AS PRACTICA BLE AFTER 33 | |
236 | - | THE OCCURRENCE OF TH E VACANCY; AND 34 6 SENATE BILL 29 | |
183 | + | (B) WITHIN 10 DAYS AFTER THE DATE A VACANCY OR TIE OCCURS OR 28 | |
184 | + | BECOMES KNOWN TO THE GOVERNOR, AND AFTER CONSULTATION WITH THE STATE 29 | |
185 | + | ADMINISTRAT OR, THE GOVERNOR SHALL ISSUE A PROCLAMATION THAT: 30 | |
186 | + | ||
187 | + | (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND § 31 | |
188 | + | 8–401(B)(2)(III) OF THIS SUBTITLE , ESTABLISHES THE DATE S OF THE SPECIAL 32 | |
189 | + | PRIMARY ELECTION AND SPECIAL GENERAL ELEC TION TO FILL THE VAC ANCY OR 33 SENATE BILL 29 5 | |
237 | 190 | ||
238 | 191 | ||
192 | + | RESOLVE THE TIE ; 1 | |
239 | 193 | ||
240 | - | (II) MAY BE HELD CONCURRE NTLY WITH A REGULARLY 1 | |
241 | - | SCHEDULED ELECTION . 2 | |
194 | + | (2) NOTWITHSTANDING ANY PROVISION OF THIS AR TICLE, MAY MAKE 2 | |
195 | + | ANY ALTERATIONS TO ELECTION–RELATED DEADLINE S THAT THE GOVERNOR 3 | |
196 | + | DETERMINES ARE NECES SARY FOR THE CONDUCT OF T HE SPECIAL ELECTION ; AND 4 | |
242 | 197 | ||
243 | - | (2) (I) A SPECIAL PRIMARY ELEC TION OR SPECIAL GENE RAL 3 | |
244 | - | ELECTION MAY NOT BE HELD CONCURRENTLY WI TH A REGULARLY SCHED ULED 4 | |
245 | - | ELECTION IF HOLDING THE SPECIAL ELECTION CONCURRENTLY WITH A REGULARLY 5 | |
246 | - | SCHEDULED ELECTION W OULD REQUIRE DELAYING THE SPECIAL ELECTION MORE 6 | |
247 | - | THAN 30 DAYS AFTER THE EARLI EST PRACTICABLE DATE FOR HOLDING THE 7 | |
248 | - | SPECIAL ELECTION . 8 | |
198 | + | (3) DIRECTS THE SPECIAL PRIMARY ELECTION AND SPECIAL 5 | |
199 | + | GENERAL ELECTION TO BE CONDUCTED BY MAIL . 6 | |
249 | 200 | ||
250 | - | ( | |
251 | - | ||
201 | + | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7 | |
202 | + | THE SPECIAL PRIMARY E LECTION OR THE SPECIAL GENERAL ELECTION: 8 | |
252 | 203 | ||
253 | - | 9–501. 11 | |
204 | + | (I) SHALL OCCUR AS EXPED ITIOUSLY AS PRACTICA BLE AFTER 9 | |
205 | + | THE OCCURRENCE OF TH E VACANCY; AND 10 | |
254 | 206 | ||
255 | - | (D) A SPECIAL ELECTION TO FILL A V ACANCY OR RESOLVE A TIE IN AN 12 | |
256 | - | ELECTION FOR DELEGATE OR SENATOR IN THE GENERAL ASSEMBLY SHALL BE 13 | |
257 | - | CONDUCTED BY MAIL IN ACCORDANCE WITH THIS SUBTITLE. 14 | |
207 | + | (II) MAY BE HELD CONCURRE NTLY WITH A REGULARL Y 11 | |
208 | + | SCHEDULED ELECTION . 12 | |
258 | 209 | ||
259 | - | [(d)] (E) (1) In this subsection, “local special election” means a special 15 | |
260 | - | election to: 16 | |
210 | + | (2) (I) A SPECIAL PRIMARY ELEC TION OR SPECIAL GENE RAL 13 | |
211 | + | ELECTION MAY NOT BE HELD CONCURRENTLY WI TH A REGULARLY SCHED ULED 14 | |
212 | + | ELECTION IF HOLDING THE SPECIAL ELECTION CONCURRENTLY WITH A REGULARLY 15 | |
213 | + | SCHEDULED ELECTION W OULD REQUIRE DELAYING T HE SPECIAL ELECTION MORE 16 | |
214 | + | THAN 30 DAYS AFTER THE EARLI EST PRACTICABLE DATE FOR HOLDING THE 17 | |
215 | + | SPECIAL ELECTION . 18 | |
261 | 216 | ||
262 | - | (i) fill a vacancy in the offices of county council member, chief 17 | |
263 | - | executive officer, or county executive of a charter county if the charter of that county 18 | |
264 | - | provides for special elections; 19 | |
217 | + | (II) A SPECIAL PRIMARY ELEC TION MAY NOT BE HELD 19 | |
218 | + | CONCURRENTLY WITH A REGULARLY SCHEDULED GENERAL ELECTION . 20 | |
265 | 219 | ||
266 | - | (ii) fill a vacancy in the board of county commissioners of a code 20 | |
267 | - | home rule county if a local law enacted by that county provides for special elections; 21 | |
220 | + | 9–501. 21 | |
268 | 221 | ||
269 | - | (iii) fill a vacancy in the board of county commissioners of a 22 | |
270 | - | commission county if a law provides for special elections; 23 | |
222 | + | (D) A SPECIAL ELECTION TO FILL A VACANCY OR RESOLVE A TIE IN AN 22 | |
223 | + | ELECTION FOR DELEGATE OR SENATOR IN THE GENERAL ASSEMBLY SHALL BE 23 | |
224 | + | CONDUCTED BY MAIL IN ACCORDANCE WITH T HIS SUBTITLE. 24 | |
271 | 225 | ||
272 | - | ( | |
273 | - | ||
226 | + | [(d)] (E) (1) In this subsection, “local special election” means a special 25 | |
227 | + | election to: 26 | |
274 | 228 | ||
275 | - | ( | |
276 | - | ||
277 | - | ||
229 | + | (i) fill a vacancy in the offices of county council member, chief 27 | |
230 | + | executive officer, or county executive of a charter county if the charter of that county 28 | |
231 | + | provides for special elections; 29 | |
278 | 232 | ||
279 | - | (vi) submit a local law enacted by a code home rule county to the 29 | |
280 | - | voters for adoption or rejection in accordance with § 9–313 of the Local Government Article. 30 | |
281 | - | ||
282 | - | (2) A local special election shall be conducted by mail if the resolution of 31 | |
283 | - | the county council or board of county commissioners establishing the date of the special 32 | |
284 | - | election directs that the election be conducted by mail. 33 SENATE BILL 29 7 | |
233 | + | (ii) fill a vacancy in the board of county commissioners of a code 30 | |
234 | + | home rule county if a local law enacted by that county provides for special elections; 31 | |
235 | + | 6 SENATE BILL 29 | |
285 | 236 | ||
286 | 237 | ||
238 | + | (iii) fill a vacancy in the board of county commissioners of a 1 | |
239 | + | commission county if a law provides for special elections; 2 | |
287 | 240 | ||
288 | - | [(e)] (F) Except as otherwise provided in this subtitle: 1 | |
241 | + | (iv) fill a vacancy in a local board of education if State law provides 3 | |
242 | + | for special elections; 4 | |
289 | 243 | ||
290 | - | (1) provisions of this article relating to absentee voting apply to voting by 2 | |
291 | - | mail; and 3 | |
244 | + | (v) elect members of a charter board or submit a proposed charter to 5 | |
245 | + | the voters for adoption or rejection in accordance with Article XI–A, § 1A of the Maryland 6 | |
246 | + | Constitution; or 7 | |
292 | 247 | ||
293 | - | ( | |
294 | - | ||
248 | + | (vi) submit a local law enacted by a code home rule county to the 8 | |
249 | + | voters for adoption or rejection in accordance with § 9–313 of the Local Government Article. 9 | |
295 | 250 | ||
296 | - | ||
297 | - | ||
298 | - | election | |
251 | + | (2) A local special election shall be conducted by mail if the resolution of 10 | |
252 | + | the county council or board of county commissioners establishing the date of the special 11 | |
253 | + | election directs that the election be conducted by mail. 12 | |
299 | 254 | ||
300 | - | ||
255 | + | [(e)] (F) Except as otherwise provided in this subtitle: 13 | |
301 | 256 | ||
302 | - | (c) [In Montgomery County:] 10 | |
257 | + | (1) provisions of this article relating to absentee voting apply to voting by 14 | |
258 | + | mail; and 15 | |
303 | 259 | ||
304 | - | (1) [each] EACH vote–by–mail ballot shall be accompanied by a 11 | |
305 | - | postage–paid envelope in which a voter may return the voted ballot to the local board[; 12 | |
306 | - | and]. 13 | |
260 | + | (2) all pertinent State or local laws relating to the conduct of a special 16 | |
261 | + | election apply to a special election conducted under this subtitle. 17 | |
307 | 262 | ||
308 | - | (2) [the] THE STATE BOARD AND THE local board EACH shall pay 50% 14 | |
309 | - | OF the cost of postage–paid envelopes provided under this subsection. 15 | |
263 | + | [(f)] (G) Provisions of this article relating to the conduct of elections apply to a 18 | |
264 | + | special election conducted under this subtitle, unless a law specifically relevant to a special 19 | |
265 | + | election applies. 20 | |
310 | 266 | ||
311 | - | 9– | |
267 | + | 9–502. 21 | |
312 | 268 | ||
313 | - | (a) [Each] SUBJECT TO THE APPROV AL OF THE STATE BOARD, EACH local 17 | |
314 | - | board shall establish at least one voting center for the use of any eligible voter who chooses 18 | |
315 | - | to cast a ballot in person in a special election in accordance with this section. 19 | |
269 | + | (c) [In Montgomery County:] 22 | |
316 | 270 | ||
317 | - | (b) (1) A voting center shall be located at a local board office or another location 20 | |
318 | - | within the constituency where the special election is being held OR AS NEAR AS 21 | |
319 | - | PRACTICABLE TO THE C ONSTITUENCY WHERE TH E SPECIAL ELECTION I S BEING 22 | |
320 | - | HELD. 23 | |
271 | + | (1) [each] EACH vote–by–mail ballot shall be accompanied by a 23 | |
272 | + | postage–paid envelope in which a voter may return the voted ballot to the local board[; 24 | |
273 | + | and]. 25 | |
321 | 274 | ||
322 | - | ( | |
323 | - | ||
275 | + | (2) [the] THE STATE BOARD AND THE local board EACH shall pay 50% 26 | |
276 | + | OF the cost of postage–paid envelopes provided under this subsection. 27 | |
324 | 277 | ||
325 | - | (I) ACCESSIBILITY OF THE VOTING CENTER TO HIS TORICALLY 26 | |
326 | - | DISENFRANCHISED COMM UNITIES, INCLUDING CULTURAL G ROUPS, ETHNIC 27 | |
327 | - | GROUPS, AND MINORITY GROUPS ; 28 | |
278 | + | 9–503. 28 | |
328 | 279 | ||
329 | - | (II) PROXIMITY OF THE VOT ING CENTER TO DENSE 29 | |
330 | - | CONCENTRATIONS OF VO TERS; 30 | |
280 | + | (a) [Each] SUBJECT TO THE APPROV AL OF THE STATE BOARD, EACH local 29 | |
281 | + | board shall establish at least one voting center for the use of any eligible voter who chooses 30 | |
282 | + | to cast a ballot in person in a special election in accordance with this section. 31 | |
283 | + | SENATE BILL 29 7 | |
284 | + | ||
285 | + | ||
286 | + | (b) (1) A voting center shall be located at a local board office or another location 1 | |
287 | + | within the constituency where the special election is being held OR AS NEAR AS 2 | |
288 | + | PRACTICABLE TO THE C ONSTITUENCY WHERE TH E SPECIAL ELECTION I S BEING 3 | |
289 | + | HELD. 4 | |
290 | + | ||
291 | + | (3) A LOCAL BOARD SHALL TA KE INTO ACCOUNT THE FOLLOWING 5 | |
292 | + | FACTORS WHEN DETERMI NING THE LOCATION OF A VOTING CENTER : 6 | |
293 | + | ||
294 | + | (I) ACCESSIBILITY OF THE VOTING CENTER TO HIS TORICALLY 7 | |
295 | + | DISENFRANCHISED COMM UNITIES, INCLUDING CULTURAL G ROUPS, ETHNIC 8 | |
296 | + | GROUPS, AND MINORITY GROUPS ; 9 | |
297 | + | ||
298 | + | (II) PROXIMITY OF THE VOTING CENTER TO DEN SE 10 | |
299 | + | CONCENTRATIONS OF VO TERS; 11 | |
300 | + | ||
301 | + | (III) ACCESSIBILITY OF THE VOTING CENTER BY PUB LIC 12 | |
302 | + | TRANSPORTATION ; AND 13 | |
303 | + | ||
304 | + | (IV) MAXIMIZING OF VOTER PARTICIPATION , INCLUDING 14 | |
305 | + | THROUGH THE USE OF C OMMUNITY CENTERS AND PUBLIC GATHERING PLA CES AS A 15 | |
306 | + | LOCATION FOR A VOTING CENTER . 16 | |
307 | + | ||
308 | + | SECTION 3. AND BE IT FURTHER ENACTED, That , on or before October 1, 2028, 17 | |
309 | + | the State Board of Elections and the Department of Legislative Services shall jointly submit 18 | |
310 | + | a report to the Governor and, in accordance with § 2–1257 of the State Government Article, 19 | |
311 | + | the Senate Education, Energy, and the Environment Committee and the House Ways and 20 | |
312 | + | Means Committee that analyzes the benefits and fiscal impact of the various methods of 21 | |
313 | + | filling legislative vacancies. 22 | |
314 | + | ||
315 | + | SECTION 4. AND BE IT FURTHER ENACTED, That the General Assembly 23 | |
316 | + | determines that the amendment to the Maryland Constitution proposed by Section 1 of this 24 | |
317 | + | Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 25 | |
318 | + | Constitution concerning local approval of constitutional amendments do not apply. 26 | |
319 | + | ||
320 | + | SECTION 5. AND BE IT FURTHER ENACTED, That the amendment to the 27 | |
321 | + | Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 28 | |
322 | + | voters of the State at the next general election to be held in November 2024 for adoption or 29 | |
323 | + | rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 30 | |
324 | + | the vote on the proposed amendment to the Constitution shall be by ballot, and on each 31 | |
325 | + | ballot there shall be printed the words “For the Constitutional Amendment” and “Against 32 | |
326 | + | the Constitutional Amendment”, as now provided by law. Immediately after the election, 33 | |
327 | + | all returns shall be made to the Governor of the vote for and against the proposed 34 | |
328 | + | amendment, as directed by Article XIV of the Maryland Constitution, and further 35 | |
329 | + | proceedings had in accordance with Article XIV. 36 | |
331 | 330 | 8 SENATE BILL 29 | |
332 | 331 | ||
333 | 332 | ||
334 | - | (III) ACCESSIBILITY OF THE VOTING CENTER BY PUB LIC 1 | |
335 | - | TRANSPORTATION ; AND 2 | |
333 | + | SECTION 6. AND BE IT FURTHER ENACTED, That Section s 2 and 3 of this Act 1 | |
334 | + | are contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 2 | |
335 | + | ratification by the voters of the State. 3 | |
336 | 336 | ||
337 | - | (IV) MAXIMIZING OF VOTER PARTICIPATION , INCLUDING 3 | |
338 | - | THROUGH THE USE OF C OMMUNITY CENTERS AND PUBLIC GATHERING PLA CES AS A 4 | |
339 | - | LOCATION FOR A VOTIN G CENTER. 5 | |
340 | - | ||
341 | - | SECTION 3. AND BE IT FURTHER ENACTED, That, on or before October 1, 2028, 6 | |
342 | - | the State Board of Elections and the Department of Legislative Services shall jointly submit 7 | |
343 | - | a report to the Governor and, in accordance with § 2–1257 of the State Government Article, 8 | |
344 | - | the Senate Education, Energy, and the Environment Committee and the House Ways and 9 | |
345 | - | Means Committee that analyzes the benefits and fiscal impact of the various methods of 10 | |
346 | - | filling legislative vacancies. 11 | |
347 | - | ||
348 | - | SECTION 4. 2. AND BE IT FURTHER ENACTED, That the General Assembly 12 | |
349 | - | determines that the amendment to the Maryland Constitution proposed by Section 1 of this 13 | |
350 | - | Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 14 | |
351 | - | Constitution concerning local approval of constitutional amendments do not apply. 15 | |
352 | - | ||
353 | - | SECTION 5. 3. AND BE IT FURTHER ENACTED, That the amendment to the 16 | |
354 | - | Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 17 | |
355 | - | voters of the State at the next general election to be held in November 2024 for adoption or 18 | |
356 | - | rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 19 | |
357 | - | the vote on the proposed amendment to the Constitution shall be by ballot, and on each 20 | |
358 | - | ballot there shall be printed the words “For the Constitutional Amendment” and “Against 21 | |
359 | - | the Constitutional Amendment”, as now provided by law. Immediately after the election, 22 | |
360 | - | all returns shall be made to the Governor of the vote for and against the proposed 23 | |
361 | - | amendment, as directed by Article XIV of the Maryland Constitution, and further 24 | |
362 | - | proceedings had in accordance with Article XIV. 25 | |
363 | - | ||
364 | - | SECTION 6. AND BE IT FURTHER ENACTED, That Sections 2 and 3 of this Act 26 | |
365 | - | are contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 27 | |
366 | - | ratification by the voters of the State. 28 | |
367 | - | ||
368 | - | SECTION 7. AND BE IT FURTHER ENACTED, That, subject to the provisions of 29 | |
369 | - | Section 6 of this Act, Sections 2 and 3 of this Act shall take effect on the proclamation of 30 | |
370 | - | the Governor that the constitutional amendment, having received a majority of the votes 31 | |
371 | - | cast at the general election, has been adopted by the people of Maryland. 32 | |
372 | - | ||
337 | + | SECTION 7. AND BE IT FURTHER ENACTED, That, subject to the provisions of 4 | |
338 | + | Section 6 of this Act, Sections 2 and 3 of this Act shall take effect on the proclamation of 5 | |
339 | + | the Governor that the constitutional amendment, having received a majority of the votes 6 | |
340 | + | cast at the general election, has been adopted by the people of Maryland. 7 |