General Assembly - Membership, Election Timing for State Senators, and Eligibility

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0206*

HOUSE BILL 206
P5 CONSTITUTIONAL AMENDMENT 6lr1470
HB 96/25 – HRU (PRE–FILED)
By: Delegate Bouchat
Requested: October 30, 2025
Introduced and read first time: January 14, 2026
Assigned to: Rules and Executive Nominations

A BILL ENTITLED

AN ACT concerning 1

General Assembly – Membership, Election Timing for State Senators, and 2
Eligibility 3

FOR the purpose of altering the membership of the Senate and the House of Delegates 4
beginning at a certain time; altering the method and timing of the election of State 5
Senators; and requiring a Delegate who seeks election for a certain Senate term to 6
vacate the seat of Delegate at a certain time. 7

BY proposing an amendment to the Maryland Constitution 8
Article III – Legislative Department 9
Section 2, 6, 7, and 10 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 12
proposed that the Maryland Constitution read as follows: 13

Article III – Legislative Department 14

2. 15

(A) [The] SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE membership 16
of the Senate shall consist of forty –seven (47) Senators. The membership of the House of 17
Delegates shall consist of one hundred forty–one (141) Delegates. 18

(B) BEGINNING WITH THE 2033 LEGISLATIVE SESSION: 19

(1) THE MEMBERSHIP OF THE SENATE SH ALL CONSIST OF 20
FORTY–EIGHT (48) SENATORS; AND 21

2 HOUSE BILL 206

(2) THE MEMBERSHIP OF THE HOUSE OF DELEGATES SHALL 1
CONSIST OF ONE HUNDRED FORTY–FOUR (144) DELEGATES. 2

6. 3

[A] EXCEPT FOR SENATORS SERVING A TWO–YEAR TERM AS PROVIDED UNDER 4
SECTION 7(A) OF THIS ARTICLE, A member of the General Assembly shall be elected by 5
the registered voters of the legislative or delegate district from which [he] THE MEMBER 6
seeks election, to serve for a term of four years beginning on the second Wednesday of 7
January following [his] THE MEMBER’S election. 8

7. 9

(A) THE ELECTION FOR SENATORS SHALL TAKE P LACE ON THE TUESDAY 10
NEXT, AFTER THE FIRST MONDAY IN THE MONTH OF NOVEMBER AS FOLLOWS: 11

(1) TWO THOUSAND AND TWEN TY–EIGHT, FORTY–SEVEN (47) 12
SENATORS ELECTED TO A TERM OF FOUR YEARS; AND 13

(2) TWO THOUSAND AND THIRTY–TWO, FORTY–EIGHT (48) SENATORS 14
ELECTED TO A TERM DETERMINED AS FOLLOWS: 15

(I) THE TWENTY –FOUR (24) SENATORS RECEIVING TH E 16
LOWEST NUMBER OF TOTAL VOTES IN THE ELEC TION ELECTED TO A TERM OF TWO 17
YEARS, WITH THE ELECTION FO R EACH SENATE SEAT HELD AGAI N IN TWO 18
THOUSAND AND THIRTY–FOUR AND IN EVERY FOURTH YEAR THEREAFTER; AND 19

(II) THE TWENTY –FOUR (24) SENATORS RECEIVING TH E 20
HIGHEST NUMBER OF TOTAL VOTES IN THE ELECTION ELECTED TO A TERM OF FOUR 21
YEARS, WITH THE ELECTION FO R EACH SENATE SEAT HELD AGAI N IN TWO 22
THOUSAND AND THIRTY–SIX AND EVERY FOUR YEARS THEREAFTER. 23

(B) The election for [Senators and ] Delegates shall take place on the Tuesday 24
next, after the first Monday in the month of November, nineteen hundred and fifty –eight, 25
and in every fourth year thereafter. 26

10. 27

(A) No member of Congress, or person holding any civil, or military office under 28
the United States, shall be eligible as a Senator, or Delegate; and if any person shall after 29
[his] THE PERSON ’S election as Senator , or Delegate, be elected to Congress, or be 30
appointed to any office, civil, or military, under the Government of the United States, [his] 31
THE PERSON’S acceptance thereof, shall vacate [his] THE PERSON’S seat; except that a 32
HOUSE BILL 206 3

Senator or Delegate may be a mem ber of a reserve component of the armed forces of the 1
United States or a member of the militia of the United States or this State. 2

(B) A SERVING DELEGATE WHO SEEKS EL ECTION AS A SENATOR FOR A 3
SENATE TERM THAT BEGI NS BEFORE THE EXPIRA TION OF THE DELEGATE’S TERM 4
SHALL VACATE THE SEA T OF DELEGATE ON THE FIRST DAY OF THE NEXT 5
IMMEDIATELY FOLLOWING LEGISLATIVE SESSION. 6

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 7
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 8
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 9
Constitution concerning local approval of constitutional amendments do not apply. 10

SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 11
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 12
voters of the State at the next general election to be held in November 2026 for adoption or 13
rejection in accordance with Article XIV of the Maryland Constitution. A t that general 14
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 15
each ballot there shall be printed the words “For the Constitutional Amendment” and 16
“Against the Constitutional Amendment”, as now provided by law. I mmediately after the 17
election, all returns shall be made to the Governor of the vote for and against the proposed 18
amendment, as directed by Article XIV of the Maryland Constitution, and further 19
proceedings held in accordance with Article XIV. 20