Bill No.
50-16
Concerning: Elections
Special
Elections - Executive Vacancy
Revised:
1215/2016
Draft No.
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Introduced:
December 13.2016
Enacted:
February 7,2017
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
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Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
AN
ACT
to:
(1)
(2)
(3)
require a special election to fill a vacancy in the Office ofthe Executive under certain
conditions;
establish the procedures for conducting a special election to fill a vacancy
in
the Office
of the Executive; and
generally amend the law governing special elections for County elected officials.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-17
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Added to existing law by original bill.
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Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County} Maryland approves the following Act:
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BILL
No.
50-16
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Sec. 1. Section 16-17 is amended as follows:
16-17. Council vacancy.2 Executive vacancy - election required.
(a)
In this Section, the following words have the meanings indicated:
[(1)] ["Board"]
Board
means the Montgomery County Board of
Elections.
[(2)] ["Council vacancy"]
Council vacancy
means a vacancy on the
County Council that must be filled by a special election under this
Section.
Executive vacancy
means f! vacancy m the Office of the County
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Executive that must be filled.by f! special election under this Section.
Special election
means the combination off! special primary election and
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f! special general election conducted under this Section.
[(3)] ["State law"]
State law
means [Article 33] the Election Law
Article of the Maryland Code, as amended from time to time, any
successor provision, and any other relevant provision of state law.
[(4)
"Special election means the combination of a special primary
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election and a special general election conducted under this Section.]
(b)
(1)
A vacancy on the Council or an Executive vacancy that occurs
before December 1 ofthe year before a year in which a quadrennial
state election will be held must be filled by a special election as
provided in this Section.
(2)
[The] For f! Council vacancy, the special election must be
conducted among the registered voters of the Council district
represented by the previous member, or among the registered
voters of the entire County when the previous member did not
represent a Council district.
(3)
For an Executive vacancy, the special election must be conducted
among the registered voters ofthe entire County.
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BILL
No. 50-16
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ill
The person elected to fill a Council vacancy or an Executive
vacancy must meet the same qualifications and residence
requirements, but need not be registered to vote in the same
political party, as the previous [member] office holder.
[(4)]
ill
The Councilmember or the Executive elected at a special
election serves:
(A)
from the date the person elected takes the oath ofoffice after
the Board (sitting as a Board of Canvassers under state law)
certifies the result of the special election; and
(B)
for the rest of the unexpired term of the previous [member]
office holder.
(c)
Except as otherwise provided in this Section, and to the extent applicable:
(1)
The special election must be conducted in a manner consistent with
provisions of state law that govern special elections to fill
vacancies in the office of representative in Congress.
The
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deadlines and time periods required under those provisions of state
law apply to a special Council election or
f!
special Executive
election unless the Council, acting under subsection (d) or
subsection (e), expressly modifies them.
(2)
Except as provided in paragraph (1), the general provisions of state·
and County
law that govern quadrennial
elections
for
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Councilmembers and the Executive apply to the special election
conducted under this Section.
(d)
(1 )
Within 30 days after a Council vacancy or an Executive vacancy
occurs, the Council must adopt a resolution that:
(A)
sets the dates of the special primary election and the special
general election;
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(B)
sets the timeline for certification of a candidate for public
campaign fmancing for the special primary election and the
special general election; and
(C)
takes any other action authorized by this Section or state
law.
If a Councilmember or the Executive submits a resignation with a later
effective date, the vacancy occurs when the Council receives the
resignation.
(2)
Notwithstanding subsection (c)(1), if the Council vacancy or the
Executive vacancy occurs during the period beginning 120 days
before the next regular or special primary or general election
conducted in the County under state law and ending 40 days before
that election, the special primary election provided for by this
Section must be held on the same date as the other election. If a
second regular or special primary or general election conducted in
the County under state law is held more than 30 but less than 60
days after the special primary election referred to in the preceding
sentence, the special general election held under this Section must
be held on the same date as the second other election.
(3)
Notwithstanding any other provision of law, a special primary or
special general election under this Section must not be held within
30 days before or after any regular or special primary or general
election conducted in the County under state law.
(e)
Ifthe Board advises the Council in writing that certain deadlines or other
time periods provided by state law cannot be complied with in a special
election held under thls Section, or that compliance with those deadlines
or time periods would be unreasonable or burdensome, the Council may
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in the resolution set other deadlines or time periods appropriate for the
special election held under this Section.
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(f)
Immediately after adopting a resolution under this Section, the Council
must deliver the resolution to the Board.
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(g)
Within 7 calendar days after adopting the resolution, the Council must
publish a notice that a vacancy has occurred in at least one newspaper of
general circulation in the County. The notice must specify:
(1)
the dates of the special primary election and the special general
election; and
(2)
the procedures under which a person may be nominated to fill the
vacancy.
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(h)
(1)
An
individual who has filed a certificate of candidacy for the
special election may, by 5 p.m. on the second business day after
the deadline for filing certificates of candidacy, withdraw the
certificate on a form prescribed by the Board.
(2)
A candidate to whom a certificate of nomination is issued may, by
5 p.m. on the second business day after the certificate of
nomination is issued, decline the nomination by filing a certificate
of declination on a form prescribed by the Board.
(i)
The Board must identify the costs
it
incurred in holding a special election
under this Section and submit a request for a supplemental appropriation
to the Director of the Office of Management and Budget within 60 days
after the special general election.
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BILL
No. 50-16
Approved:
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
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