SB 5 Maryland Senate · 2026 Regular Session

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
Maddy AI version diff · 1 comparison

What changed between versions

First - General Assembly - Special Election to Fill a Vacancy in Office Third - General Assembly - Special Election to Fill a Vacancy in Office · 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

451
Passed · 3 other
Total votes 49
Feb 5, 2026
D Democratic36
33 Yea 1 Nay 2
91% Yea
R Republican13
12 Yea 1
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
Photo of Cheryl Kagan
Cheryl Kagan
DDemocratic
MD
17