February 14, 2024
Del. Foley’s bill draws support from reform advocates; Sen. Kagan says more expansive legislation is likely to be shelved
The fate of a bill in the Maryland General Assembly to give voters a say in filling vacancies in the legislature—a process now firmly in the hands of local political party committees—remains uncertain with two months left in the session.
But, after two recent legislative hearings, advocates of moving toward a special elections process to fill such vacancies are coalescing around a plan—labeled a “compromise” by its sponsor—intended to prevent legislators appointed by party committees from serving almost an entire four-year term without facing the voters.
District 17 Sen. Cheryl Kagan (D-Rockville), sponsor of legislation requiring special elections whenever vacancies occur in the first three years of a four-year term, has acknowledged that her broader proposal faces an uphill climb this year.
Although a vote on the matter has not yet been scheduled in the Senate Education, Energy and the Environment Committee—which has jurisdiction over the issue—any action by that panel is expected to involve substituting Kagan’s proposal with a more incremental plan sponsored by District 15 Del. Linda Foley (D-Potomac).
The Foley bill—similar to legislation that cleared the Maryland Senate unanimously in 2021 and 2022, but did not advance in the House of Delegates—would require legislators appointed early in a four-year legislative term to stand for election at the term’s midpoint. A special primary and general election would coincide with the voting schedule in a presidential election year.
While contending advocacy groups such as the League of Women Voters and Common Cause “have been clear in expressing” that they see her bill as the preferred solution, Kagan added in an interview: “I also think it’s a better solution, but a dead bill doesn’t move the issue forward. …As anyone who’s ever been active in politics or policy surely understands, …moving the needle a little bit and making some progress is still an accomplishment.”
In testimony last week before the Ways and Means Committee—the panel of jurisdiction in the House—Nikki Tyree, executive director of the Maryland League of Women Voters, echoed Kagan’s comments. Noting the league had supported moving to special elections to fill legislative vacancies for nearly four decades, Tyree added: “We were thrilled by Sen. Kagan’s bill. However, we are fully capable of recognizing that while Sen. Kagan’s bill would be excellent for Maryland, Del. Foley’s bill is a more practical approach.”
In her testimony before the Ways and Means panel, Foley said her bill “is actually a compromise,” adding, “You’ll hear some testifying today that they believe that special elections should be held for every General Assembly vacancy that occurs during a four-year term. However, that approach would require large expenditures by local elections boards, and would likely result in very low turnout elections that don’t accurately reflect the will of the voters.”
Her testimony followed a legislative staff analysis—in a “fiscal note” attached to Kagan’s bill—suggesting that the cost of a single special election to fill a legislative vacancy could exceed $400,000, with more than $250,000 of that borne by local jurisdictions, even if mail balloting is largely relied upon. Foley’s bill avoids such costs by piggybacking on the already scheduled presidential primary and general election dates.
At present, the three states bordering Maryland—Delaware, Pennsylvania and Virginia—are among 25 states that hold special elections whenever a mid-term state legislative vacancy occurs. In her testimony, Foley said her bill would bring Maryland into line with 10 other states that now utilize special elections under some circumstances.
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Cheryl.Kagan@senate.state.md.us