Montgomery County is represented by 35 legislators in the Maryland General Assembly, making up one of the largest contingencies in the legislature. But 40% of those legislators were appointed by the county’s Democratic central committee instead of being chosen by voters in an election.
In 2023 and 2024 alone, the Montgomery County Democratic Central Committee (MCDCC) appointed 10 legislators to fill vacancies in the state legislature. While the committee has faced scrutiny for this process, it’s the only way a mid-term legislative vacancy can be filled under current state law. The state constitution requires the political party of the lawmaker vacating a seat to nominate a person to fill the vacancy within 30 days after it occurs and to submit the nominee’s name to the governor, who approves it as a formality.
Some local legislators are trying to change that process.
A bill sponsored by Montgomery County Del. Linda Foley (D-Dist. 15) in the House of Delegates and cross-filed in the Senate by a fellow county lawmaker, Sen. Cheryl Kagan (D-Dist. 17), proposes an amendment to the state constitution to deal with the issue.
The bill would require that, in the event of a legislative vacancy, a special election for the seat be held at the same time as the regular statewide primary and general elections, if the vacancy occurs on or before the date that is 55 days before the candidate filing deadline for that election. If a vacancy occurred more than two years into a legislator’s four-year term, a special election would not be required and a political party’s central committee could fill the seat.
If the bill passes the General Assembly, the proposed constitutional amendment would appear on the election ballot for state voters to decide on in a future election.
“[The legislation] combines the efficiency and continuity of an appointment process with the democracy of voter input,” Foley said during a Jan. 28 committee hearing on the legislation. Foley, who represents Potomac, was appointed to her seat in 2021 by the MCDCC.
According to Foley, 31 states have protocols that include special elections to fill legislative vacancies. Only nine states have procedures similar to Maryland’s committee model. Maryland previously employed special elections to fill legislative vacancies until the mid-1930s, she noted. Since then, more than 250 legislators have been appointed by committees instead of being elected by constituents.
The proposed legislation marks the second time Foley and Kagan have fought for special elections legislation in the General Assembly. Both legislators sponsored a similar bill that died in the legislature in 2024, and lawmakers in Annapolis have been spearheading efforts to change the way legislative vacancies are handled since 1996, Foley said. While Senate committees have typically easily passed versions of such legislation, the bills did not come up for a vote in the House Ways and Means Committee in 2021, 2022 or 2024 after crossover day.
Kagan, who represents Rockville and Gaithersburg, said during a Feb. 5 committee hearing on the legislation that she viewed it as a “compromise bill” that reflects changes to her previous legislation. The current legislation would combine the proposed special elections with existing general elections in order to limit extra costs for local boards of elections.
“Voters believe that their voice should matter,” Kagan said. “We have some great appointed members [of the General Assembly] … so this is no reflection on them.”
Morgan Drayton, policy and engagement manager of Common Cause Maryland, an organization that advocates for voting rights and democracy reform at the state level, said during the Feb. 5 hearing that the legislation is necessary to give voters a say in who represents them.
“In this political climate where Marylanders are concerned about actions at the federal level, it’s even more critical that the General Assembly double down on its commitment, not only to protect but to move toward a more inclusive democracy here in the state,” Drayton said. “That means working to ensure voters always have a say in who represents them and their interests.”
Nikki Tyree, executive director of the League of Women Voters of Maryland, said during the hearing the organization is endorsing the legislation because voters become “apathetic” when they believe their voices don’t matter in lawmaking.
“Constantly having people appointed … make voters not want to turn out,” Tyree said. “We can see that in the midterm elections, in the abysmal numbers Maryland carries.”
Jayson Spiegel, a MCDCC member representing District 17, also voiced support for the bill at the hearing. He argued that under the current system, committee members who do not live in a district that has a vacancy have the disproportionate power to fill that vacancy even though they would not be able to vote in a regular election for candidates running to represent that district.
“[The legislation] would continue the benefits of the appointment process – lower cost and a pathway to elected office for traditionally disadvantaged communities, while also making that process more participatory and inclusive,” Spiegel said. “Empowering the district voters to fill vacancies will not only provide greater voice to district residents; it will also restore public confidence in the process.”
Not everyone seemed sold on the idea, however. Sen. Ron Watson (D-Dist. 23) of Prince George’s County said during the hearing the amendment would take authority away from central committee members, who are elected by voters in party primary elections “to fill vacancies.”
“Nobody knows the district more than those members, than the sitting senators, than the sitting delegates. We have the nuances that the general public does not have,” Watson said. “The ability to put someone in there to fill out a term, I think, helps us get balls across the line many times.”
Notably, Maryland’s primary elections are restricted by party. For example, only registered Democrats in Montgomery County can vote for their MCDCC representation. That means a Republican or independent voter would not have had the opportunity to vote for an MCDCC member who makes decisions about who is representing their district when filling a vacancy left by a Democratic lawmaker.
Another bill, sponsored by Montgomery County Del. Julie Palakovich Carr (D-Dist. 17) in the House of Delegates and cross-filed in the Senate by Sen. Clarence Lam (D-Dist. 12) of Anne Arundel and Howard counties, takes a different approach than the legislation proposed by Foley and Kagan. It would create new requirements for central committees when conducting internal elections to fill vacancies, including standards for advertising the vacancy and opening the voting meeting to the public, with the intent of improving transparency, according to Palakovich Carr. Currently, MCDCC follows these protocols.
However, the bill also would also require any member of a central committee who has applied to fill vacancy to recuse themselves from voting on candidates to fill the vacancy, which is not currently the practice of the MCDCC.
“Collectively, the reforms in the bill will boost public trust in the appointment process and ensure that all central committees across the state follow the same minimum standards,” Palakovich Carr said at a Jan. 21 introductory bill hearing.
According to Palakovich Carr, Maryland ranks No. 2 in the country for having the highest number of lawmakers appointed instead of being elected to a state legislature.
In May 2023, MCDCC members controversially voted to reject a proposed rule that would have restricted members from voting to appoint themselves into the legislature, as well as a proposed amendment that would have merely recommended members recuse themselves from such votes.
However, since May 2023, all MCDCC members who ran to fill a vacancy voluntarily recused themselves from voting. Since then, only one committee member was appointed to fill a vacancy – Del. Teresa Woorman (D-Dist. 16) was actively serving as the committee’s secretary when she was selected to fill a vacancy in July 2024.
MCDCC member Liza Smith, who represents Dist. 14 and has been a frequent critic of the current legislative vacancy appointment process, testified in support of the Senate version of Palakovich Carr and Lam’s legislation at a Feb. 5 committee hearing. Smith said she was most impressed with the provision that would require committee members running for a vacancy to recuse themselves from voting.
“That’s a small ask, because at the end of the day, the person who’s sitting next to you can’t vote for themselves,” Smith said.
All four bills are currently pending second readings and votes by their respective committees.
