SB 6
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 6 (Senators Lam and Hough)
Education, Health, and Environmental Affairs Ways and Means
General Assembly – Special Election to Fill a Vacancy in Office
This proposed constitutional amendment, if approved by the voters at the next
general election, alters the procedure for filling a vacancy in the office of State senator or
delegate. It requires the Governor to, immediately upon a vacancy in the office of
State senator or delegate, if the vacancy occurs on or before a specified date, declare special
primary and general elections to fill the vacancy. The special primary and general elections
must take place during the regular statewide primary and general elections that occur in the
second year of a term, and the Governor must appoint an eligible individual to fill the
vacancy until a successor is elected. The proposed constitutional amendment exempts a
special election to fill a vacancy in a specified office from the quadrennial schedule for the
election of State and county officers.
Fiscal Summary
State Effect: Any increase in State expenditures can be absorbed within existing
resources, as discussed below. State revenues are not affected.
Local Effect: Any increase in local expenditures can be absorbed within existing
resources, as discussed below. Local revenues are not affected.
Small Business Effect: None.
Analysis
Bill Summary: If a vacancy in the office of State senator or delegate occurs at least
55 days before the candidacy filing deadline for the regular statewide primary and
general elections held in the second year of the term, the Governor must immediately
declare special primary and general elections to elect a successor. The special primary and
general elections must take place during the regular statewide primary and
general elections, as specified, and the Governor must, in accordance with specified
procedures, appoint a qualified individual to fill the vacancy until a successor is elected.
If a vacancy occurs after or fewer than 55 days before the specified candidacy filing
deadline, the Governor appoints an eligible individual to serve the remainder of the
vacating senator’s or delegate’s unexpired term.
Accordingly, the proposed constitutional amendment exempts a specified special election
to fill a vacancy in the office of State senator or delegate from the general requirement that
elections for State and county officers take place on a specified quadrennial schedule.
Current Law: In the case of death, disqualification, resignation, refusal to act, or
expulsion of a State senator or delegate, or in the case of a senator’s or delegate’s removal
from the city or county from which he or she was elected, the Governor must, in accordance
with specified procedures, appoint a person to serve the remainder of the vacating senator’s
or delegate’s unexpired term.
The Governor appoints a person named by the specified central committee of the political
party, if any, with which the vacating senator or delegate was affiliated only if that
central committee submits, in writing, the name of a qualified person no more than 30 days
after the vacancy occurs. In the event of a vacancy in a district that includes all or a portion
of two or more counties, the affected central committees follow specified procedures for
selecting and submitting a name or list of names to the Governor.
Upon receipt of a submission from the affected central committee, as specified, the
Governor must, within 15 days, appoint the central committee’s selection to fill the
vacancy. If the central committee does not submit a name to the Governor within the
30-day period, as specified, the Governor must, within 15 days of the expiration of the
30-day period, select and appoint a person to fill the vacancy. The appointee must be
(1) affiliated with the same political party, if any, as the vacating senator or delegate and
(2) otherwise properly qualified to hold the office of senator or delegate in the affected
district or county. Similarly, if no central committee exists in the affected county or district,
the Governor must, within 15 days after the vacancy occurs, appoint a person who is
(1) affiliated with the same political party, if any, as the vacating senator or delegate and
(2) otherwise properly qualified to hold the office.
A gubernatorial appointee to fill a vacancy in the office of State senator or delegate serves
the remainder of the vacating senator’s or delegate’s unexpired term.
Elections for State and county offices, with the exception of special elections to fill
vacancies in specified county offices, may be held only every four years, as specified.
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State Expenditures: To the extent that special elections held in accordance with the bill
result in additional unique ballot styles, expenditures for the State Board of Elections may
increase minimally due to printing and programming-related costs. However, for purposes
of this fiscal and policy note, it is assumed that any such costs are absorbable within
existing resources.
Local Expenditures: To the extent that special elections held in accordance with the bill
result in additional unique ballot styles, expenditures for local boards of elections may
increase minimally due to printing and programming-related costs. However, for purposes
of this fiscal and policy note, it is assumed that any such costs are absorbable within
existing resources.
Additional Information
Prior Introductions: Similar legislation has been considered. HB 103 of 2020 received a
hearing in the House Ways and Means Committee, but no further action was taken. Its
cross file, SB 10, passed the Senate with amendments and was referred to the House Ways
and Means Committee, but no further action was taken. HB 85/SB 313 of 2019 received
hearings in the House Ways and Means and Senate Education, Health, and Environmental
Affairs committees, respectively, but no further action was taken on either bill. HB 307 of
2018 and HB 361 of 2017 received hearings in the House Ways and Means Committee,
but no further action was taken on either bill.
Designated Cross File: HB 265 (Delegate Moon) - Ways and Means.
Information Source(s): Governor’s Office; State Board of Elections; Maryland
Association of Counties; Department of Legislative Services
Fiscal Note History: First Reader - January 14, 2021
an/mcr Third Reader - February 19, 2021
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 6/ Page 3