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HB0050

Special Elections for State Legislative Vacancies

Last scannedAug 22, 2026, 4:24 AM

In one sentence

This bill proposes a change to the Maryland Constitution requiring special elections, held alongside regular statewide primaries and general elections in even-numbered years, to fill vacancies for Delegates or Senators if those seats become empty early enough.

What it does

  • Requires that a vacancy for a Delegate or Senator be filled by an election instead of a gubernatorial appointment if the seat becomes open on or before the date that is 55 days before the candidate filing deadline for the next regular statewide election in the second year of a term.
  • Mandates that these special elections occur on the same day as the regular statewide primary and general elections held during the second year of a legislative term.
  • Directs the Governor to issue a proclamation immediately after such a vacancy occurs, declaring that the special primary and general election will take place at those scheduled times.
  • Allows an individual appointed by the Governor to serve for the remainder of the full term if the vacancy happens after the date that is 55 days before the candidate filing deadline.
  • Updates existing rules in Article III and Article XVII of the Maryland Constitution regarding how legislative vacancies are filled.

Who it affects

  • Delegates and Senators serving in the General Assembly whose seats become vacant due to death, disqualification, resignation, refusal to act, expulsion, or removal.
  • The Governor of Maryland, who must issue proclamations for special elections under specific timing conditions.

Limits and unknowns

  • This bill proposes an amendment that must be voted on by Maryland voters in November 2026 before it can become law.
  • The text does not specify how candidates for these special elections will qualify or what the campaign rules are beyond holding them with regular statewide dates.

Plain language

Terms to know

General Assembly
The state legislature of Maryland, made up of the House of Delegates and the Senate.
Vacancy
An empty seat in an office caused by death, disqualification, resignation, refusal to act, expulsion, or removal before a term ends.
Special Election
An election held outside of the regular schedule to fill a specific vacancy.

Official record

Sources

Source attached

Official summary

Proposing a Constitutional Amendment requiring that a special election be held at the same time as the regular statewide primary and general elections that are held in the second year of a term to fill a vacancy in the office of Delegate or Senator in the General Assembly 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.

Official activity

Bill history

  1. In the Senate - Rereferred to Education, Energy, and the Environment