Maryland 2025 Regular Session

Maryland House Bill HB174 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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	5	hb0174
6	6
7	7	HOUSE BILL 174
8	8	G1, P5 CONSTITUTIONAL AMENDMENT 5lr0814
9	9	HB 412/24 – W&M (PRE–FILED) CF SB 2
10	10	By: Delegate Foley
11	11	Requested: September 12, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Ways and Means
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	General Assembly – Special Election to Fill a Vacancy in Office 2
20	20
21	21	FOR the purpose of requiring that a special election be held at the same time as the regular 3
22	22	statewide primary and general elections that are held in the second year of a term 4
23	23	to fill a vacancy in the office of Delegate or Senator in the General Assembly if the 5
24	24	vacancy occurs on or before a certain date. 6
25	25
26	26	BY proposing an amendment to the Maryland Constitution 7
27	27	Article III – Legislative Department 8
28	28	Section 13 9
29	29
30	30	BY proposing an amendment to the Maryland Constitution 10
31	31	Article XVII – Quadrennial Elections 11
32	32	Section 2 12
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
35	35	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
36	36	proposed that the Maryland Constitution read as follows: 15
37	37
38	38	Article III – Legislative Department 16
39	39
40	40	13. 17
41	41
42	42	(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18
43	43	or removal from the county or city for which [he] THE INDIVIDUAL shall have been elected, 19
44	44	of any [person] INDIVIDUAL who shall have been chosen as a Delegate or Senator, or in 20
45	45	case of a tie between two or more such qualified [persons] INDIVIDUALS, the Governor 21
46	46	shall appoint [a person] AN INDIVIDUAL to fill such vacancy from [a person] AN 22
47	47	INDIVIDUAL whose name shall be submitted to [him] THE GOVERNOR in writing, within 23 2 HOUSE BILL 174
48	48
49	49
50	50	thirty days after the occurrence of the vacancy, by the Central Committee of the political 1
51	51	party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the 2
52	52	time of the last election or appointment of the vacating Senator or Delegate, in the County 3
53	53	or District from which [he or she] THE VACATING SENATOR OR DELEGATE was 4
54	54	appointed or elected, provided that the appointee shall be of the same political party, if any, 5
55	55	as was that of the Delegate or Senator, whose office is to be filled, at the time of the last 6
56	56	election or appointment of the vacating Delegate or Senator, and it shall be the duty of the 7
57	57	Governor to make said appointment within [fifteen] 15 days after the submission thereof 8
58	58	to [him] THE GOVERNOR. 9
59	59
60	60	(2) If a name is not submitted by the Central Committee within [thirty] 30 10
61	61	days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 11
62	62	days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 12
63	63	political party, if any as was that of the Delegate or Senator, whose office is to be filled, at 13
64	64	the time of the last election or appointment of the vacating Delegate or Senator, and who 14
65	65	is otherwise properly qualified to hold the office of Delegate or Senator in the District or 15
66	66	County. 16
67	67
68	68	(3) In the event there is no Central Committee in the County or District 17
69	69	from which said vacancy is to be filled, the Governor shall within [fifteen] 15 days after the 18
70	70	occurrence of such vacancy appoint [a person] AN INDIVIDUAL , from the same political 19
71	71	party, if any, as that of the vacating Delegate or Senator, at the time of the last election or 20
72	72	appointment of the vacating Senator or Delegate, who is otherwise properly qualified to 21
73	73	hold the office of Delegate or Senator in such District or County. 22
74	74
75	75	[(4) In every case when any person is so appointed by the Governor, his 23
76	76	appointment shall be deemed to be for the unexpired term of the person whose office has 24
77	77	become vacant.] 25
78	78
79	79	(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 26
80	80	Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 27
81	81	counties of Maryland, the Central Committee or committees shall follow these provisions: 28
82	82
83	83	(1) If the vacancy occurs in a district having the same boundaries as a 29
84	84	county, the Central Committee of the county shall submit the name of a resident of the 30
85	85	district. 31
86	86
87	87	(2) If the vacancy occurs in a district which has boundaries comprising a 32
88	88	portion of one county, the Central Committee of that county shall submit the name of a 33
89	89	resident of the district. 34
90	90
91	91	(3) If the vacancy occurs in a district which has boundaries comprising a 35
92	92	portion or all of two or more counties, the Central Committee of each county involved shall 36
93	93	have one vote for submitting the name of a resident of the district; and if there is a tie vote 37
94	94	between or among the Central Committees, the list of names there proposed shall be 38
95	95	submitted to the Governor, and [he] THE GOVERNOR shall make the appointment from 39 HOUSE BILL 174 3
96	96
97	97
98	98	the list. 1
99	99
100	100	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 2
101	101	AN INDIVIDUAL APPOINTED UNDER THIS SECTION SHALL SERVE UNTIL A 3
102	102	SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 4
103	103	REMAINDER OF THE TER M. 5
104	104
105	105	(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 6
106	106	FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCUR S AFTER THE DATE THA T 7
107	107	IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 8
108	108	THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 9
109	109	TERM. 10
110	110
111	111	(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 11
112	112	DAYS BEFORE THE DEAD LINE FOR FILING CERTIFICA TES OF CANDIDACY FOR THE 12
113	113	REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 13
114	114	THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 14
115	115	OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 15
116	116	AND A SPECIAL GENERAL ELECTI ON SHALL BE HELD AT THE SAME TIME AS THE 16
117	117	REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GEN ERAL 17
118	118	ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 18
119	119
120	120	Article XVII – Quadrennial Elections 19
121	121
122	122	2. 20
123	123
124	124	(A) Except [for a special election that may be authorized to fill a vacancy in a 21
125	125	County Council or a vacancy in the office of chief executive officer or County Executive, 22
126	126	under Article XI–A, Section 3 of the Constitution] AS PROVIDED IN SUBSE CTION (B) OF 23
127	127	THIS SECTION, elections by qualified voters for State and county officers shall be held on 24
128	128	the Tuesday next after the first Monday of November, in the year [nineteen hundred and 25
129	129	twenty–six] 1926, and on the same day in every fourth year thereafter. 26
130	130
131	131	(B) THIS SECTION DO ES NOT APPLY TO A SP ECIAL ELECTION : 27
132	132
133	133	(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 28
134	134	OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 29
135	135	XI–A, § 3 OF THE CONSTITUTION; OR 30
136	136
137	137	(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 31
138	138	THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 32
139	139
140	140	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 33
141	141	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 34 4 HOUSE BILL 174
142	142
143	143
144	144	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 1
145	145	Constitution concerning local approval of constitutional amendments do not apply. 2
146	146
147	147	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 3
148	148	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 4
149	149	voters of the State at the next general election to be held in November 2026 for adoption or 5
150	150	rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 6
151	151	the vote on the proposed amendment to the Constitution shall be by ballot, and on each 7
152	152	ballot there shall be printed the words “For the Constitutional Amendment” and “Against 8
153	153	the Constitutional Amendment”, as now provided by law. Immediately after the election, 9
154	154	all returns shall be made to the Governor of the vote for and against the proposed 10
155	155	amendment, as directed by Article XIV of the Maryland Constitution, and further 11
156	156	proceedings had in accordance with Article XIV. 12
157	157