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Advocates renew press to change how legislative vacancies are filled – Maryland Matters

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Advocates renew press to change how legislative vacancies are filled – Maryland Matters


The House of Delegates from the gallery. File Photo by Bruce DePuyt.

Maryland lawmakers this session are again targeting the process by which vacancies in the General Assembly are filled.

Changing the system has been a goal of good government groups including the Maryland Public Interest Group and Common Cause Maryland for several years. Those changes have failed even as the public grows irritated with how appointments are made to fill open seats.

Proponents say the current system ignores voters and must go.

“We’d be joining 28 other states who have figured out how to handle special elections,” said Emily Scarr, director of Maryland Public Interest Research Group. “I’m confident we can figure it out.”

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The Senate Education, Energy and Environment Committee Tuesday held hearings on two bills that take a crack at changing how vacant legislative seats would be filled in the future.

An October poll conducted by Annapolis-based Gonzales Research and Media Services for Common Cause Maryland and the Maryland PIRG found that 85% of those surveyed favor a special election to fill vacant seats.

Changing the process has the backing of Maryland Senate President Bill Ferguson (D-Baltimore City).

There are 188 legislators in the Maryland General Assembly.

Of those now serving in the House and Senate, nearly a quarter were appointed to fill a vacancy.

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Many of those who are appointed go on to be elected later. Some were appointed to the House and later appointed to fill another vacancy in the Senate.

Under current law, when a vacancy arises, the central committee of the party that held the seat interviews candidates and recommends a replacement to the governor.

The governor typically — but not always — appoints that candidate to the open seat.

Senate Bill 140, sponsored by Sen. Clarence K. Lam (D-Howard and Anne Arundel) would impose rules on how central committees fill future vacancies.

Lam has worked in previous years on bills that would create a special election process for filling vacancies. Those bills passed in the Senate but failed in the House.

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“I still believe we need to include special elections in the vacancy process. I also believe that in the meantime, we should ensure the current process is as transparent as possible,” Lam said.

Lam’s bill would require public notice of vacancies and the application and interview process. Candidate interviews and central committee votes would be required to be open to the public. Members of the central committee who apply for the opening must recuse themselves from the vote.

None of the changes carry a cost for the state or local government to implement.

An identical bill is filled in the House.

If passed, the law would take effect later this year.

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Senate Bill 29, sponsored by Senate Education, Energy and Environment Committee Vice Chair Cheryl C. Kagan (D-Montgomery), would replace the current process with a special election.

“I believe that whenever possible, the voters should pick their representatives,” Kagan said.

Under her bill, if the vacancy occurs within the first three years of the term, voters in the district would fill a vacancy through a mail-in special primary and general election.

If the vacancy occurs within the fourth year, central committees would name an initial replacement. That replacement would then have to run for election in the state’s primary election just a few weeks after the legislative session ends.

Kagan’s bill amends the Maryland Constitution. It would require a three-fifths vote in both chambers and approval of voters in November. If approved, the changes would take effect in 2026

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If approved, the changes would cost the state an additional $150,000 to conduct a special primary and general election. Local government expenditures for the same elections would increase by about $260,000, according to estimates by legislative analysts.

Scarr said it is “the cost of having a democracy. People have to vote for who represents them. It’s a fundamental thing and if we’re not spending money to ensure that right, what are we doing?”

The bill has the support of Maryland PIRG, Common Cause and the League of Women Voters of Maryland.

“This bill gets us so much closer to our goal of enfranchising voters,” said Nikki Tyree, executive director of the state chapter of the League of Women Voters

Kagan said she planned to offer two amendments.

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One deals with what she called a “domino effect” — where a resignation in the Senate results in the appointment of a state delegate thus creating a second vacancy. In those instances, a special election would only be held for the first vacant seat leaving the appointment to the House of Delegates to stand without voter input.

Such a scenario “is too complicated,” Kagan said.

“Instead of a domino, we’re clear there is one special election,” she said. The second opening would be filled by the central committee.

Kagan’s second amendment would exempt interim appointments made in the fourth year from the prohibition on fundraising during session that applies to other lawmakers. Kagan said fundraising would be allowed during a small window near the end of the 90-day legislative session.

“I have a big problem with these folks being able to raise money during session,” said Sen. Ron Watson (D-Prince George’s) who was a delegate when was appointed in 2021 to fill the vacancy created by the retirement of then Sen. Doug Peters. “I think that’s extremely problematic.”

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Kagan said those interim appointments would be “disadvantaged” if they could not raise money for an election

Ferguson, who leads the Senate, expressed concerns about the costs of special elections.

“I think cost is a huge issue and I think that’s going to be a big driver of where the committee lands,” he said. “Doing a brand-new mail-in election each time just brings a lot of new costs into the system. Also, unfortunately, leads to a bit of confusion because of the waterfall effect of vacancies, a vacant Senate seat gets replaced by a delegate. That means you have one election for the senator, one election for the delegate in the same district. All of a sudden you could have three elections all in the same year and create some confusion and you have to run three elections which has a real cost to it.”

Ferguson said the same outcome could be achieved by using “existing elections.”

The House is considering a third option sponsored by Del. Linda Foley (D-Montgomery), who herself was appointed in 2021 to fill a vacancy created by the departure of then-Del. Kathleen Dumais for a judgeship.

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That bill would allow central committees to continue to fill vacancies. Appointments made in the first two years would face voters for ratification in the presidential election. In the second two years of the term, the appointment would have the option of running in the state election.

That bill is scheduled for a Feb. 6 hearing in the House Ways and Means Committee.

Kagan acknowledged a preference among other lawmakers for the Foley bill. She told her committee she is also drafting a third amendment that would gut her bill and conform it to Foley’s HB 412.

“In my personal opinion it’s not as little d democratic,” said Kagan. “It doesn’t get the voters engaged frequently enough or often enough early enough. It does move the needle. It’s better than our current law and it does allow some voter engagement in a four-year term.”



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Maryland elections officials deal with threats of violence, turnover concerns ahead of presidential election

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Maryland elections officials deal with threats of violence, turnover concerns ahead of presidential election


BALTIMORE Since the last presidential election, Maryland has seen a concerning rise in turnover among our state’s election officials—with almost half new to their positions—according to research from the Bipartisan Policy Center. 

As of January 2024, Maryland saw turnover in 11 voting jurisdictions.

Turnover is also on the rise nationally according to a CBS News investigation. 

What is driving the exodus? Some blame an increasingly hostile environment, fueled by citizens who do not trust the election system. 

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Documenting Threats in Harford County

Stephanie Taylor oversees elections in Harford County.

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“Love and Not So Much Love Notes”   

Mike Hellgren


She gets a lot of correspondence from the public—and keeps all of it in a binder with the title “Love and Not So Much Love Notes” on the cover.

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“These are our nice letters, and these are our nasty letters,” she showed WJZ Investigator Mike Hellgren

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Taylor with the book

Mike Hellgren


“There’s a lot of cursing. We’ve been called Nazis,” Taylor said. “We’ve been accused of cheating, changing voter turnouts, changing the results, which is very hurtful to us because we take great pride in our job that we do here.”

Hellgren asked her what that says about where Maryland stands right now. “There are a lot of angry people who do not trust the election process. I don’t know how to get through to them,” she said.

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Since the 2020 presidential election, Maryland has seen a 46 percent turnover rate among election officials. That is larger than the 36 percent national average.

“Have you had people leave because they could not take it?” Hellgren asked. 

“Yes,” Taylor admitted. “One person who was with the office for quite a long time. She had a key role in this office. Just the stress of it—she’s just like, ‘I’m done.’ And she quit.”

To make sure her staff members feel safe, Taylor has used grants to dramatically increase security at their office and warehouse in Forest Hill.

“This is one thing everyone in the office said we needed to enclose this after all the craziness started happening after January 6th,” Taylor said as she showed WJZ the public entrance area. 

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Taylor and Hellgren in office vestibule 

Mike Hellgren


She had bullet- and bomb-deflecting glass installed that will not shatter.

“We have changed the whole look of this office. We used to have an open reception area. We put walls up. We put glass in. It is not bulletproof glass, but it will change the direction of a bullet. We have coating on our windows that if someone were to put a bomb outside, this coating would catch it and it would just drop it so there wouldn’t be shards,” Taylor said.

There are also new cameras and stronger locks. 

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“Now, if it’s unlocked, it has a high-powered magnet and you have to be buzzed in,” she said at a secondary door to the board room. 

“We have our own FBI contact. I never in my life thought I would say that I have my own FBI contact. It just never even crossed my mind,” Taylor told Hellgren. 

“They were being disruptive, calling us names. We got a threat in one of the meetings that we got on tape. I did turn that in to the FBI and the sheriff’s department. It’s just the way the world looks at us now. It’s so different,” she said.

New Law Means Stiffer Penalties 

Earlier this year in Annapolis, the General Assembly took action to protect poll workers, election judges and their families from threats which have been on the rise across the country. 

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Citing the turnover, Governor Wes Moore’s administration advocated for and and won changes to the law. There are now tougher penalties against those convicted of threatening election workers, with fines increasing from $1,000 to $2,500

“It is becoming harder to recruit election judges. It is becoming harder to recruit elections administrators, and we need to respond to that,” said Eric Luedtke, the governor’s chief legislative officer at a hearing on February 21st. 

Violators could also get up to three years behind bars.

During that hearing about the legislation, Baltimore County’s elections director revealed she, too, had been threatened. 

“After receiving a threat firsthand, I was overwhelmingly thankful for the protection from my county, the FBI and homeland security,” Ruie Lavoie, the director of Baltimore County elections, told lawmakers. 

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WJZ asked Maryland’s state elections administrator Jared DeMarinis whether the new law does enough to deter people from threatening election workers. “I hope so. I think time will tell on that, but I think you have to have the first step and I think this was a great first step,” DeMarinis said. 

State Safeguards the Vote

DeMarinis took over as elections administrator from Linda Lamone last year.

She had served in that position for more than 35 years, but DeMarinis also worked in that office for almost two decades. 

“Yes, I’m a new person, but it’s not like I don’t know the electoral process,” DeMarinis told Hellgren.

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On the threats, DeMarinis acknowledged “those types of incidents really shake you to the core.”

He said, “This is really trying to take it to a new level where you’re trying to inflict bodily harm or even death upon you know a person just doing their job and making sure that our democracy works.”

He made it a priority to stamp out misinformation and added a “rumor control” section to the state elections website.

“Before, there was a trust. There was an understanding in the process here, and there’s a segment of the population now that just doesn’t believe in any of that,” DeMarinis said.

DeMarinis is also pushing young people to get involved as election judges and poll workers.

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He is aware that when elections officials leave, so does their experience and knowledge of the process. That is why he is partnering more experienced elections officials with newer ones to lessen the impact of any turnover.

And DeMarinis believes that turnover is not always a negative. 

“Turnover brings new blood, new ideas, new points of view to the process. It helps streamline things. But yes, there is a concern about losing a lot of institutional knowledge,” he said. 

A Veteran in Charge in Baltimore City

“I just don’t want to believe that people are not interested in an important process as this,” said Armstead Jones, Baltimore City’s election director 

Baltimore has one of the longest-serving elections directors in the state.

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Armstead Jones said in the city, the problem is not threats, but getting enough people motivated to staff the polls.

“At one time, we’d have as many as 3,200 election judges working Election Day and those numbers have dropped over the years,” Jones said. “I believe in this last election, we may have had about 1,500 judges to work. Maybe 2,100 trained, 600 did not show so those numbers are getting lower each time.”

The state remains committed to smooth and transparent elections, despite the challenges. 

“Having that full confidence in the system is the underpinning of everything that we do with good, solid elections,” DeMarinis said.

Staying Despite Challenges

“I love the job. I love the people I work with,” said Taylor of her Harford County position. “If you’re in a polling location, it’s so much fun to be there and you see people coming in and taking part in democracy.”

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She told Hellgren she has no plans to leave and be part of the turnover despite uncertainty about the future. 

“Do you see it getting any better?” Hellgren asked. “I’ll let you know after this election. It depends on what happens after this election,” she said.

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Sunny, beautiful start to Maryland’s workweek

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