Legally, O’Malley could declare a special election before Wynn's June resignation

Last week, Rep. Al Wynn (D-Mitchellville) announced that he would resign his position in June, leaving seven months before Donna Edwards (D-Fort Washington), the presumptive next representative in Maryland’s Fourth Congressional District, is to be sworn-in.

The resignation set off speculation as to whether Gov. Martin O’Malley will declare a special election to fill the remainder of Wynn’s term.

According to the Maryland State Code, Election Law, subsection 8-710- Congressional vacancy - Governor's proclamation, “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.”

The code also specifically says that the governor is not required to issue a special election; he or she may leave the seat vacant. O’Malley has yet to make a decision on the matter.

While debate continues on whether a special election should be issued, the language of the code has also attracted disagreement, as some have said that if O’Malley decides in favor of a special election, he would have to issue the proclamation within ten days of the June resignation. Others have said it would have to come within ten days of the March 27 announcement.

The language “[W]ithin 10 days after the date that the vacancy occurs or becomes known to the Governor…” has sparked the discussion.

“Case law supports both arguments,” Raquel Guillory, director of communications for Attorney General Doug Gansler, said.

Guillory said Wynn would be expected to “submit a formal letter of resignation” prior to a special election proclamation, but said either special election scenario “could be argued.”

Saying the law dates back to the 19th Century, Guillory said the matter would “come down to what the governor decides.”