Maryland Changes to Filling State Legislative Vacancies Amendment (2022)
| Maryland Changes to Filling State Legislative Vacancies Amendment | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic State legislatures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Maryland Changes to Filling State Legislative Vacancies Amendment was not on the ballot in Maryland as a legislatively referred constitutional amendment on November 8, 2022.[1]
The amendment would have changed how state legislative vacancies are filled by allowing the governor-appointed legislator filling the vacancy to serve the remainder of the term if the vacancy occurs after the date 55 days before the candidate filing deadline for the seat. If the vacancy had occurred before or on the date 55 days from the candidate filing deadline, the governor would have been required to call for special primary and general elections to fill the vacancy to be held on the same date as the state's regular primary and general elections. The amendment would have also not required the special election to be held on the first Tuesday after the first Monday in November.[2]
Text of measure
Constitutional changes
- See also: Article III and Article XVII, Maryland Constitution
The measure would have amended section 13 of Article III and section 2 of Article XVII of the state constitution. The following underlined text would have been added, and struck-through text would have been deleted:[2]
Note: Hover over the text and scroll to see the full text.
Article III Text of Section 13: (a)
- (1) In case of death, disqualification, resignation, refusal to act, expulsion, or removal from the county or city for which he shall have been elected, of any person who shall have been chosen as a Delegate or Senator, or in case of a tie between two or more such qualified persons, the Governor shall appoint a person to fill such vacancy from a person whose name shall be submitted to him in writing, within thirty days after the occurrence of the vacancy, by the Central Committee of the political party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the time of the last election or appointment of the vacating Senator or Delegate, in the County or District from which he or she was appointed or elected, provided that the appointee shall be of the same political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and it shall be the duty of the Governor to make said appointment within fifteen days after the submission thereof to him.
- (2) If a name is not submitted by the Central Committee within thirty days after the occurrence of the vacancy, the Governor within another period of fifteen days shall appoint a person, who shall be affiliated with the same political party, if any as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and who is otherwise properly qualified to hold the office of Delegate or Senator in the District or County.
- (3) In the event there is no Central Committee in the County or District from which said vacancy is to be filled, the Governor shall within fifteen days after the occurrence of such vacancy appoint a person, from the same political party, if any, as that of the vacating Delegate or Senator, at the time of the last election or appointment of the vacating Senator or Delegate, who is otherwise properly qualified to hold the office of Delegate or Senator in such District or County.
(4) In every case when any person is so appointed by the Governor, his appointment shall be deemed to be for the unexpired term of the person whose office has become vacant.
(b) In addition, and in submitting a name to the Governor to fill a vacancy in a legislative or delegate district, as the case may be, in any of the twenty-three counties of Maryland, the Central Committee or committees shall follow these provisions:
- (1) If the vacancy occurs in a district having the same boundaries as a county, the Central Committee of the county shall submit the name of a resident of the district.
- (2) If the vacancy occurs in a district which has boundaries comprising a portion of one county, the Central Committee of that county shall submit the name of a resident of the district.
- (3) If the vacancy occurs in a district which has boundaries comprising a portion or all of two or more counties, the Central Committee of each county involved shall have one vote for submitting the name of a resident of the district; and if there is a tie vote between or among the Central Committees, the list of names there proposed shall be submitted to the Governor, and he shall make the appointment from the list.
(c)
- (1) Except as provided in paragraph (2) of this subsection, an individual appointed under this section shall serve until a successor is elected under paragraph (3) of this subsection to fill the remainder of the term.
- (2) An individual appointed under this section shall serve for the remainder of the term if the vacancy occurs after the date that is 55 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term.
- (3) If the vacancy occurs on or before the date that is 55 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term, the Governor shall issue a proclamation immediately after the occurrence of the vacancy declaring that a special primary election and a special general election shall be held at the same time as the regular statewide primary election and regular statewide general election that are held in the second year of the term.
Article XVII
Text of Section 2:
Except for a special election that may be authorized to fill a vacancy in a County Council or a vacancy in the office of chief executive officer or county executive, under Article XI-A, Section 3 of the Constitution (a.)
Except as provided in subsection (b) of this section, elections by qualified voters for State and county officers shall be held on the Tuesday next after the first Monday of November, in the year nineteen hundred and twenty-six, and on the same day in every fourth year thereafter.
(b) This section does not apply to a special election:
- (1) To fill a vacancy in a county council or a vacancy in the office of chief executive officer or county executive under Article XI, Section 3 of the Constitution; or
- (2) To fill a vacancy in the office of Delegate or Senator in the General Assembly under Article III, Section 13(c) of the Constitution.[3]
Path to the ballot
- See also: Amending the Maryland Constitution
To put a legislatively referred constitutional amendment before voters, a 60% vote is required in both the Maryland State Senate and the Maryland House of Representatives.
This amendment was introduced as Senate Bill 6 (SB 6) on January 13, 2021, by Senators Clarence Lam (D) and Michael Hough (R). It was approved in the state Senate in a vote of 47-0 on February 19, 2021.[1]
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See also
External links
Footnotes
- ↑ 1.0 1.1 Maryland State Legislature, "Overview of SB 6," accessed February 23, 2021
- ↑ 2.0 2.1 Maryland State Legislature, "Text of SB 6," accessed February 23, 2021
- ↑ Note: This text is quoted verbatim from the original source.
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