Maryland 2025 Regular Session

Maryland Senate Bill SB2 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	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		sb0002
9	6
10	7		SENATE BILL 2
11	8		G1, P5 CONSTITUTIONAL AMENDMENT 5lr0815
12	9		HB 412/24 – W&M (PRE–FILED) CF HB 174
13	10		By: Senator Kagan
14	11		Requested: September 12, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Education, Energy, and the Environment
17		-	Committee Report: Favorable
18		-	Senate action: Adopted
19		-	Read second time: February 11, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		General Assembly – Special Election to Fill a Vacancy in Office 2
26	20
27	21		FOR the purpose of requiring that a special election be held at the same time as the regular 3
28	22		statewide primary and general elections that are held in the second year of a term 4
29	23		to fill a vacancy in the office of Delegate or Senator in the General Assembly if the 5
30	24		vacancy occurs on or before a certain date. 6
31	25
32	26		BY proposing an amendment to the Maryland Constitution 7
33	27		Article III – Legislative Department 8
34	28		Section 13 9
35	29
36	30		BY proposing an amendment to the Maryland Constitution 10
37	31		Article XVII – Quadrennial Elections 11
38	32		Section 2 12
39	33
40	34		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBL Y OF MARYLAND, 13
41	35		(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
42	36		proposed that the Maryland Constitution read as follows: 15
43	37
44	38		Article III – Legislative Department 16
45	39
46	40		13. 17
47	41
48		-	(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18 2 SENATE BILL 2
	42	+	(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 18
	43	+	or removal from the county or city for which [he] THE INDIVIDUAL shall have been elected, 19
	44	+	of any [person] INDIVIDUAL who shall have been chosen as a Delegate or Senator, or in 20
	45	+	case of a tie between two or more such qualified [persons] INDIVIDUALS, the Governor 21
	46	+	shall appoint [a person] AN INDIVIDUAL to fill such vacancy from [a person] AN 22
	47	+	INDIVIDUAL whose name shall be submitted to [him] THE GOVERNOR in writing, within 23 2 SENATE BILL 2
49	48
50	49
51		-	or removal from the county or city for which [he] THE INDIVIDUAL shall have been elected, 1
52		-	of any [person] INDIVIDUAL who shall have been chosen as a Delegate or Senator, or in 2
53		-	case of a tie between two or more such qualified [persons] INDIVIDUALS, the Governor 3
54		-	shall appoint [a person] AN INDIVIDUAL to fill such vacancy from [a person] AN 4
55		-	INDIVIDUAL whose name shall be submitted to [him] THE GOVERNOR in writing, within 5
56		-	thirty days after the occurrence of the vacancy, by the Central Committee of the political 6
57		-	party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the 7
58		-	time of the last election or appointment of the vacating Senator or Delegate, in the County 8
59		-	or District from which [he or she] THE VACATING SENATOR OR DELEGATE was 9
60		-	appointed or elected, provided that the appointee shall be of the same political party, if any, 10
61		-	as was that of the Delegate or Senator, whose office is to be filled, at the time of the last 11
62		-	election or appointment of the vacating Delegate or Senator, and it shall be the duty of the 12
63		-	Governor to make said appointment within [fifteen] 15 days after the submission thereof 13
64		-	to [him] THE GOVERNOR. 14
	50	+	thirty days after the occurrence of the vacancy, by the Central Committee of the political 1
	51	+	party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the 2
	52	+	time of the last election or appointment of the vacating Senator or Delegate, in the County 3
	53	+	or District from which [he or she] THE VACATING SENATOR OR DELEGATE was 4
	54	+	appointed or elected, provided that the appointee shall be of the same political party, if any, 5
	55	+	as was that of the Delegate or Senator, whose office is to be filled, at the time of the last 6
	56	+	election or appointment of the vacating Delegate or Senator, and it shall be the duty of the 7
	57	+	Governor to make said appointment within [fifteen] 15 days after the submission thereof 8
	58	+	to [him] THE GOVERNOR. 9
65	59
66		-	(2) If a name is not submitted by the Central Committee within [thirty] 30 15
67		-	days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 16
68		-	days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 17
69		-	political party, if any as was that of the Delegate or Senator, whose office is to be filled, at 18
70		-	the time of the last election or appointment of the vacating Delegate or Senator, and who 19
71		-	is otherwise properly qualified to hold the office of Delegate or Senator in the District or 20
72		-	County. 21
	60	+	(2) If a name is not submitted by the Central Committee within [thirty] 30 10
	61	+	days after the occurrence of the vacancy, the Governor within another period of [fifteen] 15 11
	62	+	days shall appoint [a person] AN INDIVIDUAL , who shall be affiliated with the same 12
	63	+	political party, if any as was that of the Delegate or Senator, whose office is to be filled, at 13
	64	+	the time of the last election or appointment of the vacating Delegate or Senator, and who 14
	65	+	is otherwise properly qualified to hold the office of Delegate or Senator in the District or 15
	66	+	County. 16
73	67
74		-	(3) In the event there is no Central Committee in the County or District 22
75		-	from which said vacancy is to be filled, the Governor shall within [fifteen] 15 days after the 23
76		-	occurrence of such vacancy appoint [a person] AN INDIVIDUAL , from the same political 24
77		-	party, if any, as that of the vacating Delegate or Senator, at the time of the last election or 25
78		-	appointment of the vacating Senator or Delegate, who is otherwise properly qualified to 26
79		-	hold the office of Delegate or Senator in such District or County. 27
	68	+	(3) In the event there is no Central Committee in the County or District 17
	69	+	from which said vacancy is to be filled, the Governor shall within [fifteen] 15 days after the 18
	70	+	occurrence of such vacancy appoint [a person] AN INDIVIDUAL , from the same political 19
	71	+	party, if any, as that of the vacating Delegate or Senator, at the time of the last election or 20
	72	+	appointment of the vacating Senator or Delegate, who is otherwise properly qualified to 21
	73	+	hold the office of Delegate or Senator in such District or County. 22
80	74
81		-	[(4) In every case when any person is so appointed by the Governor, his 28
82		-	appointment shall be deemed to be for the unexpired term of the person whose office has 29
83		-	become vacant.] 30
	75	+	[(4) In every case when any person is so appointed by the Governor, his 23
	76	+	appointment shall be deemed to be for the unexpired term of the person whose office has 24
	77	+	become vacant.] 25
84	78
85		-	(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 31
86		-	Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 32
87		-	counties of Maryland, the Central Committee or committees shall follow these provisions: 33
	79	+	(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 26
	80	+	Legislative or Delegate district, as the case may be, in any of the [twenty–three] 23 27
	81	+	counties of Maryland, the Central Committee or committees shall follow these provisions: 28
88	82
89		-	(1) If the vacancy occurs in a district having the same boundaries as a 34
90		-	county, the Central Committee of the county shall submit the name of a resident of the 35
91		-	district. 36
	83	+	(1) If the vacancy occurs in a district having the same boundaries as a 29
	84	+	county, the Central Committee of the county shall submit the name of a resident of the 30
	85	+	district. 31
92	86
93		-	(2) If the vacancy occurs in a district which has boundaries comprising a 37
94		-	portion of one county, the Central Committee of that county shall submit the name of a 38
95		-	resident of the district. 39
96		-	SENATE BILL 2 3
	87	+	(2) If the vacancy occurs in a district which has boundaries comprising a 32
	88	+	portion of one county, the Central Committee of that county shall submit the name of a 33
	89	+	resident of the district. 34
	90	+
	91	+	(3) If the vacancy occurs in a district which has boundaries comprising a 35
	92	+	portion or all of two or more counties, the Central Committee of each county involved shall 36
	93	+	have one vote for submitting the name of a resident of the district; and if there is a tie vote 37
	94	+	between or among the Central Committees, the list of names there proposed shall be 38
	95	+	submitted to the Governor, and [he] THE GOVERNOR shall make the appointment from 39 SENATE BILL 2 3
97	96
98	97
99		-	(3) If the vacancy occurs in a district which has boundaries comprising a 1
100		-	portion or all of two or more counties, the Central Committee of each county involved shall 2
101		-	have one vote for submitting the name of a resident of the district; and if there is a tie vote 3
102		-	between or among the Central Committees, the list of names there proposed shall be 4
103		-	submitted to the Governor, and [he] THE GOVERNOR shall make the appointment from 5
104		-	the list. 6
	98	+	the list. 1
105	99
106		-	(C) (1) EXCEPT AS PROVIDED IN ~~PARAGRAPH~~ (2) OF THIS SUBSECTION , 7
107		-	AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 8
108		-	SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 9
109		-	REMAINDER OF THE TER M. 10
	100	+	(C) (1) EXCEPT AS PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , 2
	101	+	AN INDIVIDUAL APPOIN TED UNDER THIS SECTI ON SHALL SERVE UNTIL A 3
	102	+	SUCCESSOR IS ELECTED UNDER PARAGRAPH (3) OF THIS SUBSECTION T O FILL THE 4
	103	+	REMAINDER OF THE TER M. 5
110	104
111		-	(2) AN INDIVIDUAL ~~APPOI NTED~~ UNDER THIS ~~SECT ION~~ SHALL SERVE 11
112		-	FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCURS AFTER THE DATE THAT 12
113		-	IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 13
114		-	THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 14
115		-	TERM. 15
	105	+	(2) AN INDIVIDUAL APPOINT ED UNDER THIS SECTIO N SHALL SERVE 6
	106	+	FOR THE REMAINDER OF THE TERM IF THE VACA NCY OCCURS AFTER THE DATE THAT 7
	107	+	IS 55 DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR 8
	108	+	THE REGULAR STATEWID E ELECTION THAT IS H ELD IN THE SECOND YE AR OF THE 9
	109	+	TERM. 10
116	110
117		-	(3) IF THE VACANCY ~~OCCURS~~ ON OR BEFORE THE ~~DAT E~~ THAT IS 55 16
118		-	DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR THE 17
119		-	REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 18
120		-	THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 19
121		-	OCCURRENCE OF ~~THE VA CANCY~~ DECLARING THAT A SPECIAL ~~PRIMARY EL ECTION 20~~
122		-	AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 21
123		-	REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GEN ERAL 22
124		-	ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 23
	111	+	(3) IF THE VACANCY OCCU RS ON OR BEFORE THE DATE THAT IS 55 11
	112	+	DAYS BEFORE THE DEAD LINE FOR FILING CERT IFICATES OF CANDIDAC Y FOR THE 12
	113	+	REGULAR STATEWIDE EL ECTION THAT IS HELD IN THE SECOND YEAR O F THE TERM, 13
	114	+	THE GOVERNOR SHALL ISSUE A PROCLAMATION IMMED IATELY AFTER THE 14
	115	+	OCCURRENCE OF TH E VACANCY DECLARING THAT A SPECIAL PRIMA RY ELECTION 15
	116	+	AND A SPECIAL GENERA L ELECTION SHALL BE HELD AT THE SAME TIM E AS THE 16
	117	+	REGULAR STATEWIDE PR IMARY ELECTION AND R EGULAR STATEWIDE GEN ERAL 17
	118	+	ELECTION THAT ARE HE LD IN THE SECOND YEA R OF THE TERM. 18
125	119
126		-	Article XVII – Quadrennial Elections 24
	120	+	Article XVII – Quadrennial Elections 19
127	121
128		-	2. 25
	122	+	2. 20
129	123
130		-	(A) Except [for a special election that may be authorized to fill a vacancy in a 26
131		-	County Council or a vacancy in the office of chief executive officer or County Executive, 27
132		-	under Article XI–A, Section 3 of the Constitution] AS PROVIDED IN ~~SUBSE CTION~~ (B) OF 28
133		-	THIS SECTION, elections by qualified voters for State and county officers shall be held on 29
134		-	the Tuesday next after the first Monday of November, in the year [nineteen hundred and 30
135		-	twenty–six] 1926, and on the same day in every fourth year thereafter. 31
	124	+	(A) Except [for a special election that may be authorized to fill a vacancy in a 21
	125	+	County Council or a vacancy in the office of chief executive officer or County Executive, 22
	126	+	under Article XI–A, Section 3 of the Constitution] AS PROVIDED IN SUBSECTION (B) OF 23
	127	+	THIS SECTION, elections by qualified voters for State and county officers shall be held on 24
	128	+	the Tuesday next after the first Monday of November, in the year [nineteen hundred and 25
	129	+	twenty–six] 1926, and on the same day in every fourth year thereafter. 26
136	130
137		-	(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 32
	131	+	(B) THIS SECTION DOES NOT APPLY TO A SPECIAL E LECTION: 27
138	132
139		-	(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 33
140		-	OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 34
141		-	XI–A, § 3 OF THE CONSTITUTION; OR 35
142		-	4 SENATE BILL 2
	133	+	(1) TO FILL A VACANCY IN A COUNTY COUNCIL OR A VACANCY IN THE 28
	134	+	OFFICE OF CHIEF EXEC UTIVE OFFICER OR COUNTY EXECUTIVE UNDER ARTICLE 29
	135	+	XI–A, § 3 OF THE CONSTITUTION; OR 30
	136	+
	137	+	(2) TO FILL A VACANCY IN TH E OFFICE OF DELEGATE OR SENATOR IN 31
	138	+	THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C) OF THE CONSTITUTION. 32
	139	+
	140	+	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 33
	141	+	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 34 4 SENATE BILL 2
143	142
144	143
145		-	~~(2) TO FILL A VACANCY IN~~ THE ~~OFFICE~~ OF ~~DELEGATE OR SENATOR IN~~ 1
146		-	~~THE GENERAL ASSEMBLY UNDER ARTICLE III, § 13(C)~~ OF ~~THE CONSTITUTION~~. 2
	144	+	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 1
	145	+	Constitution concerning local approval of constitutional amendments do not apply. 2
147	146
148		-	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 3
149		-	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 4
150		-	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 5
151		-	Constitution concerning local approval of constitutional amendments do not apply. 6
152		-
153		-	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 7
154		-	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 8
155		-	voters of the State at the next general election to be held in November 2026 for adoption or 9
156		-	rejection in accordance with Article XIV of the Maryland Constitution. At that general 10
157		-	election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 11
158		-	each ballot there shall be printed the words “For the Constitutional Amendment” and 12
159		-	“Against the Constitutional Amendment”, as now provided by law. Immediately after the 13
160		-	election, all returns shall be made to the Governor of the vote for and against the proposed 14
161		-	amendment, as directed by Article XIV of the Maryland Constitution, and further 15
162		-	proceedings had in accordance with Article XIV. 16
	147	+	SECTION 3. AND BE IT FURTHER ENACTED, That the amendme nt to the 3
	148	+	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 4
	149	+	voters of the State at the next general election to be held in November 2026 for adoption or 5
	150	+	rejection in accordance with Article XIV of the Maryland Constitution. At that general 6
	151	+	election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 7
	152	+	each ballot there shall be printed the words “For the Constitutional Amendment” and 8
	153	+	“Against the Constitutional Amendment”, as now provided by law. Immediately after the 9
	154	+	election, all returns shall be made to the Governor of the vote for and against the proposed 10
	155	+	amendment, as directed by Article XIV of the Maryland Constitution, and further 11
	156	+	proceedings had in accordance with Article XIV. 12
163	157
164	158
165		-
166		-
167		-	Approved:
168		-	________________________________________________________________________________
169		-	Governor.
170		-	________________________________________________________________________________
171		-	President of the Senate.
172		-	________________________________________________________________________________
173		-	Speaker of the House of Delegates.