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Measure Details

An Act Concerning United States Senator, Attorney General, and Comptroller - Appointments and Special Elections to Fill a Vacancy

Maryland Ballot Measure - HB 260

Election: Nov. 8, 2016 (General)
Outcome: Passed

Categories:
Constitution
Government Operations

Yes
1,748,886
(72.62%)

No
659,517
(27.38%)

Summary

AN ACT concerning United States Senator, Attorney General, and Comptroller – Appointments and
Special Elections to Fill a Vacancy

FOR the purpose of requiring the Governor to appoint an individual to fill a vacancy in the office of United States Senator, Attorney General, or Comptroller from a list of names submitted by the State Central Committee of the political party of the vacating officeholder; requiring individuals whose names are submitted to the Governor to have been affiliated with the political party of the vacating officeholder before the vacancy occurred; providing for the appointment of an individual to fill a vacancy in the office of United States Senator, Attorney General, or Comptroller in circumstances where the political party of the vacating officeholder fails to submit names to the Governor within a certain period of time or the vacating officeholder was not affiliated with a political party; requiring an individual appointed by the Governor to fill a vacancy in the offices of either the Attorney General or the Comptroller to serve for the remainder of the term if the vacancy occurs after a certain date; requiring that a special election be held at the same time as a certain regular statewide election to fill a vacancy in the offices of either the Attorney General or the Comptroller if the vacancy occurs on or before a certain date; providing for the effective dates of this Act; submitting the constitutional 20 amendment proposed by this Act to the qualified voters of the State of Maryland for their adoption or rejection; and generally relating to appointments and special elections to fill a vacancy in the office of United States Senator, Attorney General, or Comptroller.

Measure Text

Changes the way the Governor fills a vacancy of the Attorney General or the Comptroller and requires a special election for vacancies that occur on or before a certain date. Under current law, the Governor fills a vacancy by appointing an individual to serve for the remainder of the term. Under the amended law, if the vacating Attorney General or Comptroller was a member of a political party, the Governor must fill the vacancy from a list of three names provided by the political party of the vacating official, and if no names are provided by the political party within a set time period, then the Governor must select a successor from the political party of the vacating official. If the vacating Attorney General or Comptroller was not a member of a political party, then the amended law requires the Governor to appoint any qualified individual. The Governor must make the appointment within a set time period following the vacancy. The amended law requires a special election to replace the successor if the vacancy occurs early enough in the term to allow for candidates to participate in the regular elections held in the second year of the vacating official's term.
(Amending Article V, Section 5 and Article VI, Section 1 the Maryland Constitution)

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