EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0174*
HOUSE BILL 174
G1, P5 CONSTITUTIONAL AMENDMENT 5lr0814
HB 412/24 – W&M (PRE–FILED) CF SB 2
By: Delegate Foley
Requested: September 12, 2024
Introduced and read first time: January 8, 2025
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
General Assembly – Special Election to Fill a Vacancy in Office 2
FOR the purpose of requiring that a special election be held at the same time as the regular 3
statewide primary and general elections that are held in the second year of a term 4
to fill a vacancy in the office of Delegate or Senator in the General Assembly if the 5
vacancy occurs on or before a certain date. 6
BY proposing an amendment to the Maryland Constitution 7
Article III – Legislative Department 8
Section 13 9
BY proposing an amendment to the Maryland Constitution 10
Article XVII – Quadrennial Elections 11
Section 2 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
proposed that the Maryland Constitution read as follows: 15
Article III – Legislative Department 16
13. 17
(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18
or removal from the county or city for which [he] THE INDIVIDUAL shall have been elected, 19
of any [person] INDIVIDUAL who shall have been chosen as a Delegate or Senator, or in 20
case of a tie between two or more such qualified [persons] INDIVIDUALS, the Governor 21
shall appoint [a person] AN INDIVIDUAL to fill such vacancy from [a person] AN 22
INDIVIDUAL whose name shall be submitted to [him] THE GOVERNOR in writing, within 23 2 HOUSE BILL 174
thirty days after the occurrence of the vacancy, by the Central Committee of the political 1
party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the 2
time of the last election or appointment of the vacating Senator or Delegate, in the County 3
or District from which [he or she] THE VACATING SENATOR OR DELEGATE was 4
appointed or elected, provided that the appointee shall be of the same political party, if any, 5
as was that of the Delegate or Senator, whose office is to be filled, at the time of the last 6
election or appointment of the vacating Delegate or Senator, and it shall be the duty of the 7
Governor to make said appointment within [fifteen] 15 days after the submission thereof 8
to [him] THE GOVERNOR. 9
(2) If a name is not submitted by the Central Committee within [thirty] 30 10
days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 11
days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 12
political party, if any as was that of the Delegate or Senator, whose office is to be filled, at 13
the time of the last election or appointment of the vacating Delegate or Senator, and who 14
is otherwise properly qualified to hold the office of Delegate or Senator in the District or 15
County. 16
(3) In the event there is no Central Committee in the County or District 17
from which said vacancy is to be filled, the Governor shall within [fifteen] 15 days after the 18
occurrence of such vacancy appoint [a person] AN INDIVIDUAL , from the same political 19
party, if any, as that of the vacating Delegate or Senator, at the time of the last election or 20
appointment of the vacating Senator or Delegate, who is otherwise properly qualified to 21
hold the office of Delegate or Senator in such District or County. 22
[(4) In every case when any person is so appointed by the Governor, his 23
appointment shall be deemed to be for the unexpired term of the person whose office has 24
become vacant.] 25
(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 26
Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 27
counties of Maryland, the Central Committee or committees shall follow these provisions: 28
(1) If the vacancy occurs in a district having the same boundaries as a 29
county, the Central Committee of the county shall submit the name of a resident of the 30
district. 31
(2) If the vacancy occurs in a district which has boundaries comprising a 32
portion of one county, the Central Committee of that county shall submit the name of a 33
resident of the district. 34
(3) If the vacancy occurs in a district which has boundaries comprising a 35
portion or all of two or more counties, the Central Committee of each county involved shall 36
have one vote for submitting the name of a resident of the district; and if there is a tie vote 37
between or among the Central Committees, the list of names there proposed shall be 38
submitted to the Governor, and [he] THE GOVERNOR shall make the appointment from 39 HOUSE BILL 174 3
the list. 1
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 2
AN INDIVIDUAL APPOINTED UNDER THIS SECTION SHALL SERVE UNTIL A 3
SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 4
REMAINDER OF THE TER M. 5
(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 6
FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCUR S AFTER THE DATE THA T 7
IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 8
THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 9
TERM. 10
(3) IF THE VACANCY OCCURS ON OR BEFORE THE DAT E THAT IS 55 11
DAYS BEFORE THE DEAD LINE FOR FILING CERTIFICA TES OF CANDIDACY FOR THE 12
REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 13
THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 14
OCCURRENCE OF THE VA CANCY DECLARING THAT A SPECIAL PRIMARY EL ECTION 15
AND A SPECIAL GENERAL ELECTI ON SHALL BE HELD AT THE SAME TIME AS THE 16
REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GEN ERAL 17
ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 18
Article XVII – Quadrennial Elections 19
2. 20
(A) Except [for a special election that may be authorized to fill a vacancy in a 21
County Council or a vacancy in the office of chief executive officer or County Executive, 22
under Article XI–A, Section 3 of the Constitution] AS PROVIDED IN SUBSE CTION (B) OF 23
THIS SECTION, elections by qualified voters for State and county officers shall be held on 24
the Tuesday next after the first Monday of November, in the year [nineteen hundred and 25
twenty–six] 1926, and on the same day in every fourth year thereafter. 26
(B) THIS SECTION DO ES NOT APPLY TO A SP ECIAL ELECTION : 27
(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 28
OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 29
XI–A, § 3 OF THE CONSTITUTION; OR 30
(2) TO FILL A VACANCY IN THE OFFICE OF DELEGATE OR SENATOR IN 31
THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 32
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 33
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 34 4 HOUSE BILL 174
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 1
Constitution concerning local approval of constitutional amendments do not apply. 2
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 3
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 4
voters of the State at the next general election to be held in November 2026 for adoption or 5
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 6
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 7
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 8
the Constitutional Amendment”, as now provided by law. Immediately after the election, 9
all returns shall be made to the Governor of the vote for and against the proposed 10
amendment, as directed by Article XIV of the Maryland Constitution, and further 11
proceedings had in accordance with Article XIV. 12