Maryland SB 396: Election Law - Deadline for Selection of Lieutenant Governor

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *sb0396*   
  
SENATE BILL 396 
G1 CONSTITUTIONAL AMENDMENT 0lr1024 
SB 373/19 – EHE     
By: Senators Pinsky, Feldman, Lam, and Lee 
Introduced and read first time: January 27, 2020 
Assigned to: Education, Health, and Environmental Affairs 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Election Law – Deadline for Selection of Lieutenant Governor 2 
 
FOR the purpose of proposing an amendment to the Maryland Constitution to repeal the 3 
requirement  that  a  candidate  for  Governor  who  seeks  nomination  in  a  primary 4 
election  designate  a  candidate  for  Lieutenant  Governor  at  the  time  of  filing  a 5 
certificate of candidacy; requiring a candidate for Governor who seeks nomination in 6 
a primary election to designate a candidate for Lieutenant Governor within a certain 7 
time  after  the  primary  election;  requiring  that  the  name  of  the  candidate  for 8 
Governor appear on the primary election ballot without a candidate for Lieutenant 9 
Governor; requiring  a  candidate  for  Lieutenant  Governor to file  a  certificate  of 10 
candidacy  at  a  certain  time;  making  clarifying,  conforming,  and  stylistic  changes; 11 
and submitting this amendment to the qualified voters of the State for their adoption 12 
or rejection. 13 
 
BY proposing an amendment to the Maryland Constitution 14 
 Article II – Executive Department 15 
Section 1B 16 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 18 
proposed that the Maryland Constitution read as follows: 19 
 
Article II – Executive Department 20 
 
1B. 21 
 
 [Each  candidate  who  shall  seek  a  nomination  for  Governor,  under  any  method 22 
provided by law for such nomination, including primary elections, shall at the time of filing 23 
for said office  designate a candidate for Lieutenant Governor, and the names of the  said 24 
candidate  for  Governor  and  Lieutenant  Governor  shall  be  listed  on  the  primary  election 25 

2 SENATE BILL 396  
 
 
ballot, or otherwise considered for nomination jointly with each other.] 1 
 
 (A) A CANDIDATE   WHO   SEEKS   A   NOMINATION   FOR GOVERNOR   IN   A 2 
PRIMARY ELECTION SHALL DESIGNATE A CANDIDATE FOR LIEUTENANT GOVERNOR 3 
WITHIN 21 DAYS AFTER THE PRIMARY ELECTION.  4 
 
 (B) A CANDIDATE WHO SEEKS A NOMINATION FOR GOVERNOR UNDER ANY 5 
METHOD PROVIDED BY LAW OTHER THAN A PRIMARY ELECTION SHALL DESIGNATE 6 
A    CANDIDATE    FOR LIEUTENANT GOVERNOR    AT    THE    TIME OF    FILING    A 7 
DECLARATION   OF   INTENT   TO   SEEK   NOMINATION, AND   THE   CANDIDATE   FOR 8 
GOVERNOR   AND   THE   DESIGNATED   CANDIDATE   FOR LIEUTENANT GOVERNOR 9 
SHALL BE CONSIDERED FOR NOMINATION JOINTLY. 10 
 
 (C) (1) No  candidate  for  Governor  may  designate  a  candidate  for  Lieutenant 11 
Governor [to contest for the said offices jointly with him] without the consent of the [said] 12 
candidate  for  Lieutenant  Governor,  and  no  candidate  for  Lieutenant  Governor  may 13 
designate  a  candidate  for  Governor[,  to  contest  jointly  for  said offices  with  him] without 14 
the consent of the [said] candidate for Governor[, said consent to be in writing on a form 15 
provided  for  such  purpose  and  filed  at  the  time  the  said  candidates shall  file  their 16 
certificates of candidacy, or other documents by which they seek nomination].  17 
 
  (2) A CANDIDATE     SHALL     PROVIDE     CONSENT     UNDER     THIS 18 
SUBSECTION IN WRITING AT THE TIME OF FILING A CERTIFICATE OF CANDIDACY OR 19 
A DECLARATION OF INTENT. 20 
 
 (D) In [any] A GENERAL election, [including a primary election,] candidates for 21 
Governor and Lieutenant Governor shall be listed jointly on the ballot, and a vote cast for 22 
the  candidate  for  Governor  shall  also  be  cast  for THE  CANDIDATE  FOR Lieutenant 23 
Governor jointly listed on the ballot with [him, and] the CANDIDATE FOR GOVERNOR.  24 
 
 (E) IN A PRIMARY ELECTION: 25 
 
  (1) THE NAME OF THE CANDIDATE FOR GOVERNOR SHALL BE LISTED 26 
ON  THE  PRIMARY  ELECTION  BALLOT  WITHOUT  A CANDIDATE  FOR LIEUTENANT 27 
GOVERNOR; AND  28 
 
  (2) THE CANDIDATE  FOR LIEUTENANT GOVERNOR  SHALL  FILE  A 29 
CERTIFICATE  OF  CANDIDACY  AT  THE  TIME  THE CANDIDATE  FOR LIEUTENANT 30 
GOVERNOR IS DESIGNATED BY THE CANDIDATE FOR GOVERNOR. 31 
 
 (F) THE election of THE Governor, or the nomination of a candidate for Governor, 32 
also shall constitute the election for the same term, or the nomination, of the Lieutenant 33 
Governor  who  was  listed  on  the  ballot  or  was  being  considered  jointly  with [him] THE 34 
CANDIDATE FOR GOVERNOR. 35 

 SENATE BILL 396 3 
 
 
 
 SECTION  2.  AND  BE  IT  FURTHER  ENACTED,  That  the  General  Assembly 1 
determines that the amendment to the Maryland Con