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

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.

“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.