General Assembly - Special Election to Fill a Vacancy in Office
SB 5 proposes a constitutional amendment requiring special elections to fill vacancies in Maryland's General Assembly (Delegate or Senator positions) when the vacancy occurs on or before 55 days before the candidate filing deadline for the regular statewide election in the second year of a term. If this deadline is met, the Governor must call a special primary and general election to be held simultaneously with the regular statewide elections, rather than appointing a replacement. This directly affects voters and candidates in districts where legislative vacancies happen early in a term, as it ensures the replacement is chosen by voters in the next scheduled election cycle. Currently, vacancies are filled by gubernatorial appointment without a special election, but this bill would change that process for early vacancies.
Bill status
passed both
4 of 5 stages cleared
Introduction
Aug 2025
Committee Review
Mar 2026
Senate Passage
Feb 2026
House of Delegates Passage
Mar 2026
Governor
Introduced Aug 25, 2025
Last action Mar 27, 2026
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What changed between versions
First - General Assembly - Special Election to Fill a Vacancy in Office
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Third - General Assembly - Special Election to Fill a Vacancy in Office
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3 edits
MINOR
This bill amends the Maryland Constitution to clarify the process for filling vacancies in the General Assembly. It reorganizes the text to specify that if a vacancy occurs early enough, a special election must be held alongside the next regular primary and general elections, while later vacancies are filled by gubernatorial appointment. The changes also update formatting and numbering to align with current legislative standards.
Scope change
The scope of the bill's application remains focused on filling vacancies in the General Assembly, but the procedural rules for triggering special elections versus appointments have been restructured for clarity.
REQUIREMENT
Reorganized the text of Article III, Section 13 to clearly distinguish between vacancies filled by appointment and those requiring a special election, ensuring the special election requirement applies specifically to vacancies occurring before the 55-day deadline before the next election filing.
TIMELINE
Clarified the timeline for gubernatorial appointments and special elections by restructuring the conditions under which the Governor must issue a proclamation for a special election versus making an appointment.
TECHNICAL
Updated header information, bill numbering, and formatting to reflect the bill's progression from introduction to adoption in the General Assembly.
Floor votes · Senate Feb 5, 2026 · House of Delegates Mar 14, 2026
How they voted
45–1
Passed · 3 other
Total votes 49
Feb 5, 2026
D
Democratic36
91% Yea
R
Republican13
92% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
15
Key actions
8
Committee
6
Amendments
1
Mar 27, 2026
Lower · Passed
Third Reading Passed
lower
Mar 26, 2026
Introduced
Floor Amendment {
lower
Mar 25, 2026
Lower · Passed
Motion Special Order until 03/26 (Delegate Buckel) Adopted
lower
Mar 25, 2026
Lower · Passed
Favorable with Amendments {
lower
Mar 25, 2026
Lower · Passed
Favorable with Amendments Report by Government, Labor, and Elections
lower
Mar 14, 2026
House Of Delegates · Passed
House of Delegates Vote: pass (94-33-15)
house of delegates
Feb 6, 2026
Committee
Referred Government, Labor, and Elections
lower
Feb 5, 2026
Upper · Passed
Third Reading Passed
upper
Feb 3, 2026
Upper · Passed
Favorable Adopted
upper
Feb 2, 2026
Upper · Passed
Favorable Report by Education, Energy, and the Environment
upper
Jan 14, 2026
Committee
First Reading Education, Energy, and the Environment
upper
Aug 25, 2025
Introduced
Pre-filed
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Cheryl Kagan
DDemocratic
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