Maryland 2024 Regular Session

Maryland Senate Bill SB29 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0029*
96
107 SENATE BILL 29
118 G1, P5 CONSTITUTIONAL AMENDMENT 4lr0833
129 (PRE–FILED)
1310 By: Senator Kagan
1411 Requested: October 4, 2023
1512 Introduced and read first time: January 10, 2024
1613 Assigned to: Education, Energy, and the Environment
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: February 13, 2024
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Special Elections – Procedures and General Assembly Vacancies and Ties 2
26-General Assembly – Special Election to Fill a Vacancy in Office 3
2720
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
4030
41-BY proposing an amendment to the Maryland Constitution 16
42- Article III – Legislative Department 17
43-Section 13 18
31+BY proposing an amendment to the Maryland Constitution 12
32+ Article III – Legislative Department 13
33+Section 13 14
4434
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
4949
5050
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
5652
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
6256
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
6658
67-Article III – Legislative Department 14
59+13. 6
6860
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
7070
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
8088
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
14396
14497
14598
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
151105
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
160109
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
162113
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
164117
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
171121
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
173128
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
177130
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
182132
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
185139
186-Article – Election Law 32
140+ (B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 33
187141
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
190143
191144
192- (b) (1) Special elections to fill a vacancy in the office of Representative in 1
193-Congress shall be held at the time specified in Subtitle 7 of this title. 2
145+OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 1
146+XI–A, § 3 OF THE CONSTITUTION; OR 2
194147
195- (2) (i) Special elections to fill vacancies in a county council or in the 3
196-office of chief executive officer or county executive shall be held as provided in the county 4
197-charter. 5
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
198151
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
204154
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
210156
211-8–402. 16
157+8–401. 9
212158
213- (A) THIS SECTION APPLIES ONLY TO A SPECIAL EL ECTION REQUIRED TO B E 17
214-HELD UNDER ARTICLE III, § 13(A) OF THE MARYLAND CONSTITUTION. 18
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
215161
216- (B) WITHIN 10 DAYS AFTER THE DATE A VACANCY OR TIE OCC URS OR 19
217-BECOMES KNOWN TO THE GOVERNOR, AND AFTER CONSULTATI ON WITH THE STATE 20
218-ADMINISTRATOR , THE GOVERNOR SHALL ISSUE A PROCLAMATION THAT : 21
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
219165
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
224171
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
228177
229- (3) DIRECTS THE SPECIAL PRIMARY ELECTION AND SPECIAL 29
230-GENERAL ELECTION TO BE CONDUCTED BY MAIL . 30
178+8–402. 25
231179
232- (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 31
233-THE SPECIAL PRIMARY ELECTION OR THE SPEC IAL GENERAL ELECTION : 32
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
234182
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
237190
238191
192+RESOLVE THE TIE ; 1
239193
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
242197
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
249200
250- (II) A SPECIAL PRIMARY ELEC TION MAY NOT BE HELD 9
251-CONCURRENTLY WITH A REGULARLY SCHEDULED GENERAL ELECTION . 10
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
252203
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
254206
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
258209
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
261216
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
265219
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
268221
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
271225
272- (iv) fill a vacancy in a local board of education if State law provides 24
273-for special elections; 25
226+ [(d)] (E) (1) In this subsection, “local special election” means a special 25
227+election to: 26
274228
275- (v) elect members of a charter board or submit a proposed charter to 26
276-the voters for adoption or rejection in accordance with Article XI–A, § 1A of the Maryland 27
277-Constitution; or 28
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
278232
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
285236
286237
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
287240
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
289243
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
292247
293- (2) all pertinent State or local laws relating to the conduct of a special 4
294-election apply to a special election conducted under this subtitle. 5
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
295250
296- [(f)] (G) Provisions of this article relating to the conduct of elections apply to a 6
297-special election conducted under this subtitle, unless a law specifically relevant to a special 7
298-election applies. 8
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
299254
300-9–502. 9
255+ [(e)] (F) Except as otherwise provided in this subtitle: 13
301256
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
303259
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
307262
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
310266
311-9–503. 16
267+9–502. 21
312268
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
316270
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
321274
322- (3) A LOCAL BOARD SHALL TA KE INTO ACCOUNT THE FOLLOWING 24
323-FACTORS WHEN DETERMI NING THE LOCATION OF A VO TING CENTER: 25
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
324277
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
328279
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
331330 8 SENATE BILL 29
332331
333332
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
336336
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