Giving Voters a Say: Maryland Bill Takes Aim at Representation by Appointment

i voted stickers
Photo by Element5 Digital on Unsplash
Created: 14 Jan, 2025
Updated: 29 Jan, 2025
2 min read

A March hearing has been set in the Maryland House of Delegates for a bill that requires special elections if a state lawmaker is appointed to their seat in the first half of their term.

The Maryland Constitution requires the controlling party in the district of a former lawmaker to pick a replacement to fill a vacated seat. This pick acts as a recommendation to the governor who then makes the appointment.

However, if a lawmaker is appointed near the beginning of a term, they can serve a full 4-year term without voters having a chance to weigh in on the appointment.

Del. Linda Foley of Montgomery County has sponsored a bill that would ensure appointed lawmakers could serve -- at most -- half a term before they face election -- either special or midterm.

"You end up with a rather large percentage of the General Assembly then being appointed and not elected and not facing the voters," she stated. "This has been an ongoing debate about whether this is a democratic way to replace people."

As it stands, nearly a quarter of the Maryland General Assembly started their time in the legislature by appointment.

Foley's bill would not do away with the appointment process. It is a part of the state constitution. The bill would add special elections in the event that a lawmaker is appointed in the first half of a term.

Polling conducted by Maryland PIRG and Common Cause Maryland in the fall of 2023 found that 85% of Maryland voters supported holding special elections to fill legislative vacancies. 

“The majority of the country has some sort of special elections process for replacing legislative vacancies, and it’s way past time for Maryland to join them,” said Maryland PIRG Director Emily Scarr.

IVP Donate

“Being able to vote for our representatives is fundamental to our democracy." 

Foley went on record to clarify that her bill was not meant for every legislative vacancy. She noted that such a process would be expensive, but said "two years in office without having to face the voters isn't as problematic as four."

A hearing on the bill has been scheduled for March 19. 

In this article

Related articles

voters at the ballot box.
Advocates Push for Reform to Stop Partisan Manipulation of Ballot Measures
An Election Reformers Network (ERN) report covering a 13-year period has found that state lawmakers ...
04 Feb, 2025
-
3 min read
Image of voters at a polling location.
Bill Filed to Close Indiana's Critical Primary Elections
Photo by  Indiana lawmakers will consider a bill filed in the state's House of Representatives that ...
07 Jan, 2025
-
2 min read
Reformers at NANR's 8th annual summit in San Diego, California.
Down, But Not Out: Nonpartisan Election Reformers Maintain Their Resolve
Nonpartisan election reformers have chosen not to hang their head in defeat after a few statewide lo...
16 Dec, 2024
-
4 min read

Latest articles

People filling out forms.
Insurance Markets Need More Choice and Competition
Every individual has different preferences and needs according to personal life circumstances. Governments typically offer one-size-fits-all solutions. Consumers overwhelmingly want more options....
24 Apr, 2025
-
2 min read
Democratic Party donkey over a black background.
Progressive-Backed Primary Threats Rattle Democratic Incumbents in Congress
There is perhaps no better example of how critical primary elections are in deciding elections than what is happening within the Democratic Party to oust incumbents that progressives view as establishment figures....
23 Apr, 2025
-
3 min read
Close up on a 100-dollar bill.
Lawmakers' Budget Strategy: Tax Cuts Today, Fiscal Tricks Tomorrow?
Remember when President Donald Trump promised no tax on tips, overtime pay, and social security? Not much has been said about it in recent months. So, is it still happening? The short answer is maybe, but voters may not get the complete story on what impact this will have on the federal deficit and debt....
23 Apr, 2025
-
3 min read