Maryland 2026 Regular Session

Maryland Senate Bill SB5

Introduced
1/14/26  
Refer
1/14/26  
Report Pass
2/2/26  
Engrossed
2/5/26  
Refer
2/6/26  

Caption

General Assembly - Special Election to Fill a Vacancy in Office

Impact

By requiring special elections to align with regular election cycles, this bill may substantially alter the electoral landscape in Maryland. If enacted, it would mean that the citizens of the state would have an opportunity to elect their representatives more directly during regular election events, which can enhance civic engagement and accountability. Additionally, the bill contributes to a more predictable election calendar for candidates and political parties, as they can plan their campaigns around a known election schedule. This may also mitigate potential disruptions in legislative representation due to vacancies.

Summary

Senate Bill 5 proposes an amendment to the Maryland Constitution concerning how vacancies in the General Assembly, specifically in the offices of Delegate and Senator, are to be filled. The bill mandates that a special election to fill such vacancies must occur at the same time as regular statewide primary and general elections, provided the vacancy arises at least 55 days before the filing deadline for candidates. The idea is to streamline the process of filling legislative vacancies and to ensure that such elections coincide with predetermined election dates, thereby increasing voter participation and reducing the costs associated with standalone special elections.

Sentiment

The sentiment surrounding SB5 seems generally favorable among proponents who argue that the legislation represents a necessary modernization of the electoral processes. Supporters believe that aligning special elections with regular election dates will not only save costs but also improve voter turnout, as citizens are more likely to participate in elections when they coincide with scheduled elections. However, there may be criticism from opponents who argue that such a rigid schedule might not account for urgent situations where rapid action is warranted to fill a vacancy, potentially leaving constituents without representation for longer periods than necessary.

Contention

Notable points of contention may arise regarding the conditions under which the special elections are triggered and the role of the governor in the appointment process. Critics may highlight that requiring vacancies to align with elections could create complications or delays in legislation. Further, concerns might be raised about ensuring that the process allows for quick and effective representation and does not disadvantage constituents in more populous or politically dynamic areas where an immediate response to vacancies may be critical.

Companion Bills

MD HB50

Crossfiled General Assembly - Special Election to Fill a Vacancy in Office

MD SB2

Carry Over General Assembly – Special Election to Fill a Vacancy in Office

Previously Filed As

MD SB2

General Assembly – Special Election to Fill a Vacancy in Office

MD HB174

General Assembly - Special Election to Fill a Vacancy in Office

MD HB237

General Assembly Vacancy - Political Party Central Committees - Procedures

MD SB171

General Assembly Vacancy - Political Party Central Committees - Procedures

MD SB1047

Election Law - State Elected Officials - Fundraising Activities During General Assembly Session

MD HB96

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

MD SB262

Election Law - Special Elections

MD HB75

Election Law – Special Elections

MD HB518

General Assembly - Criminal Offenses - Mens Rea Requirement

MD SB630

Circuit Court Judges - Selection and Retention Elections

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