Information on Special Congressional Election
By Kevin AgneseSeven months will remain on Rep. Al Wynn’s (D-Mitchellville) term when he resigns from Maryland’s 4th Congressional District in June. According to the Maryland State Code, Election Law, subsection 8-710- Congressional vacancy - Governor's proclamation, Gov. Martin O’Malley has the right to order a special primary and special general election to fill the seat, if he so desires, within ten days after the vacancy occurs or becomes known to him.
He also has the right to leave the position open, according to Raquel Guillory, a spokesperson for Attorney General Doug Gansler. O’Malley has yet to make a statement in regards to the matter, and telephone calls left with his press office have yet to be returned.
A similar event occurred in Maryland in April 1996, when Rep. Elijah Cummings (D-Baltimore) was elected to fill the open position in the Seventh Congressional District, vacated by Kweisi Mfume (D-Baltimore), who resigned to become president of the NAACP.
In part, the code declares the following:
(1) Except as provided in paragraph (2) of this subsection, if there is a vacancy in the office of Representative in Congress, the Governor shall issue a proclamation, within 10 days after the date that the vacancy occurs or becomes known to the Governor, declaring that a special primary election and a special general election shall be held to fill the vacancy.
(2) If the vacancy occurs during the period beginning 60 days before the regular primary election and ending on the last day of the term, the Governor may:
(i) decline to issue a proclamation; and
(ii) allow the office to remain vacant for the remainder of the term.
(b) Governor's proclamation.-
(1) The Governor's proclamation shall specify the dates of the special primary election and the special general election.
(2) The special primary election shall be held on a Tuesday that is at least 36 days after the date of the proclamation.
(3) The special general election shall be held on a Tuesday that is at least 36 days after the date of the special primary election.
Contributors
Wally Edge
This week's Winners & Losers. | CLICK HERE >
Rob Tornoe
To view a larger version of this cartoon, click here. >
P. Kenneth Burns
Well, I must say that I am totally shocked and amazed by the final outcome on the commission convened by Gov. Martin O'Malley (D) to study the ... >
David Paulson
I believe in recycling but this is ridiculous.
So what does it mean when Andy Harris’ congressional campaign has to recycle old TV ad material? ... >
Poll
| Politicker INTERACTIVE | |
 |
Lawmaker Profile Follow the funding of your representatives |
 |
270 to Win See how Obama got to the magic number |
Top Tags
Most Active Stories
- Van Hollen does not rule out bid for Senate
- Hoyer: 'The economy will be the first item on the agenda'
- Glendening's son tapped by DGA for 2010 re-districting
- Gilchrest's son blasts Ehrlich in letter to Sun
- GOP looks to governors for new ideas, rebuilding
- Geppi steps down as chair of Harford central committee
- Republican PAC files complaint over GOP Central Committee robocall
- Hoyer re-elected as House Majority Leader
- Kratovil attends freshman orientation
- Van Hollen on defense and offense
- Redmer focusing on electing Harris first, claiming Senate seat second
- Younger Glendening will likely stay behind the scenes
- MoCo council briefed on ‘bleak' fiscal picture
- The Harris campaign returns home
- Former delegate attacked by wild deer, but doesn't miss meeting with House speaker
- Please define "landslide"
- Candidates vie for Britt's seat
- Power to the purple
- Dougherty is water off Duck's back
- SD-7 hopeful calls for efficiency study
Quote of the Day
"It shouldn't take lawsuits from the ACLU to pry this information loose. If we have to do it the hard way, we will do it the hard way."
- ACLU attorney David Rocah, who is calling for information to be released concerning police surveillance records.
Recent Press Releases
- Oct 23 2008
Syndicate
vacancy becomes known to him
I'm no lawyer, but reading the text "within 10 days after the date that the vacancy occurs or becomes known to the Governor" to suggest it's known to him now is a real stretch. The vacancy can't be known to him, as there is no vacancy yet. The vacancy doesn't exist until Wynn actually resigns. I think the text is there to cover the bases in case of a vacancy occurring but not discovered until after 10 days. (Say a congressman disappears, is discovered 2 weeks later to have died 2 weeks earlier - the 10 day clock doesn't start until the discovery makes the vacancy "known to the Governor"). I just don't see how the 10 day clock starts until Wynn actually resigns. If I'm wrong, please correct me. Thanks.
Post new comment