ISSUE PAPER: SPECIAL ELECTIONS

After taking a position in 1985, the League of Women Voters of Maryland (LWVMD) has supported a string of bills introduced in the Maryland General Assembly about special elections since 2020. No bills have passed to date despite various approaches taken. Essentially, vacancies in the General Assembly are filled by appointments made by a party’s Central Committee and confirmed by the Governor, regardless of when they occur in a term. As a result, an unelected legislator may serve for most of, if not all, a term without having been elected by the voters. 

The League’s Position on Filing Vacancies in the Legislature

LWVMD believes that election systems should produce representation that reflects community sentiment and helps increase voter participation. When the people’s representatives are appointed rather than elected, the voice of the voters is not heard.

We support voting systems that are transparent (among other criteria). For filling vacancies in the legislature, we support additional statewide standards for central committee activities around filling vacancies, including:

  • Public notice of meetings within the vacated district for public input
  • the public announcement of candidates prior to that meeting
  • and a publicly recorded vote of each committee member.

Additionally, the League of Women Voters

  1. believes that democratic government depends upon informed and active participation in government.
  2. LWV promotes an open governmental system that is representative, accountable, and responsive.

 

Why Are Vacancies Filled by Appointment?

According to the Maryland Constitution (Article XIII, Section 3), state legislative vacancies are filled by the governor based on a list of recommended candidates submitted by the political party that last held the vacant seat. If the party committee fails to act within its 30-day deadline, the governor has 15 days to appoint a person from the political party that last held the seat. The person appointed to the seat serves for the remainder of the unfilled term.

Maryland Election Code (4-202) directs that a party committee—known as the “central committee”—is established for each county and Baltimore City. Members are elected at a primary election. The size and mix of each central committee varies by jurisdiction. The committee selects its own chair. Members of the central committee must reside in the county where the central committee is located, and an individual selected to fill a vacancy of a specific legislative district must reside in that legislative district.

 

How Many Currently Serving Legislators Were Appointed?

Overall, approximately one-quarter of the members of the General Assembly first joined the body through appointment. For the House of Delegates, about 20% of members were appointed, and for the Senate, about one-third were appointed. 

There are districts in Maryland in which the majority of representatives are in place because of appointment rather than election. For example, in District 16 in Montgomery County, the senator and 2 of 3 delegates have been appointed rather than elected. This situation is not limited to just one district. While appointed members may be qualified for their seats and ably serve, the voters did not choose them. Furthermore, even if a vacancy occurs just as a legislator’s term has started (for example, when the Governor selects a legislator for their cabinet), an appointed member may serve most of a 4-year term before having to face the voters. 

 

What are the Reasons For and Against Legislation to Support Special Elections?

Reasons for Supporting Special Elections

  1. Appointments by a party central committee create the perception that representatives gain their seats through an inside process, and backroom deals with little transparency. However, members on a central committee can vote for themselves, a donor, or a relative—there are few constraints. 
  2. Only a small proportion of central committee members live in a district affected by a vacancy, as committee members are only required to reside in the county, not a particular district. This means that people outside the district choose who will represent them. People who live in the district with a vacancy should elect the people representing them.
  3. The state has spent enormous dollars and energy to encourage voters to cast ballots, such as by adding early voting, expanding voting hours, providing easy access to mail-in voting, and offering various registration methods. However, in this circumstance, the voter is excluded.
  4. Although elections require state and local funds to conduct, such costs can be mitigated by allowing special elections to be held in conjunction with other scheduled elections or by increasing mail-in voting.

 

Reasons for Opposing Special Elections

  1. Elections are costly to conduct, and Maryland is already facing a budget crisis.
  2. Running a special election requires voter education and outreach. For the state, additional costs beyond just the direct costs may be incurred.
  3. Changing the role of the central committee in filling vacancies would require a constitutional amendment.
  4. The time between a legislator getting appointed and then having to compete in an election can be tight, forcing appointed legislators to simultaneously serve their districts during session while also trying to run for office. This can be especially challenging in light of restricted fundraising while the legislature is in session.