SB 644
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 644 (Senator Kagan)
Education, Health, and Environmental Affairs
State Officials - Appointments - Advice and Consent of the Senate
This bill establishes that the appointment of the State Superintendent of Schools is subject
to the advice and consent of the Senate. The bill further establishes that, beginning in 2023,
the State Administrator of Elections is subject to reappointment by the State Board of
Elections (SBE) at least once every five years after initial appointment, with the advice and
consent of the Senate. Finally, the bill requires, beginning in 2023, that the Governor, if
inaugurated to a second consecutive term of office, reappoint any principal department
Secretary who will continue to serve as Secretary during the Governor’s second term,
subject to the advice and consent of the Senate.
Fiscal Summary
State Effect: None. The bill is procedural in nature and does not directly affect
governmental finances.
Local Effect: None.
Small Business Effect: None.
Analysis
Current Law:
State Superintendent of Schools
The State Superintendent is appointed by the State Board of Education for a term of
four years beginning on July 1 after the Superintendent’s appointment and serves until a
successor is appointed and qualifies. The Superintendent must meet specified minimum
qualifications as required under State law. If there is a vacancy in the office, the State board
must appoint a new Superintendent to fill the vacancy for the remainder of the unexpired
term. The State board may remove the Superintendent for immorality, misconduct in office,
insubordination, incompetency, or willful neglect of duty in accordance with specified
procedural requirements.
State Administrator of Elections
The State Administrator of Elections is the chief State election official and is appointed by,
and serves at the pleasure of, SBE, with the advice and consent of the Senate. The State
administrator’s responsibilities include employing and supervising a deputy administrator
and other staff of SBE; supervising the operations of the local boards of elections; and
performing all duties and exercising all powers that are assigned by law to the State
administrator or delegated by SBE. Provided that SBE is fully constituted with five duly
confirmed members, the State administrator may be removed by SBE by the affirmative
vote of four duly confirmed members for incompetence, misconduct, or other good cause,
subject to specified procedural requirements.
Principal Department Secretaries
The head of each principal department is a Secretary appointed by the Governor with the
advice and consent of the Senate. The Governor must select, on the bases of professional
and administrative knowledge and experience, a Secretary who has the qualifications
required by law.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Governor’s Office; Maryland State Department of Education;
Maryland State Board of Elections; Department of Legislative Services
Fiscal Note History: First Reader - February 26, 2021
rh/mcr
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 644/ Page 2


Statutes affected:
Text - First - State Officials - Appointments - Advice and Consent of the Senate: 2-302 State Government, 2-103 Election Law, 8-203 State Government