Finding a better way to fill Maryland’s state legislative vacancies | STAFF COMMENTARY
In late 1997, a seat in the Maryland House of Delegates became open because of the unexpected death of 62-year-old Joan N. Parker, a former auditor at Morgan State University who had been in cancer treatment for a year but had not publicly revealed it. The next state election wouldn’t be held until 1998, so the 10th District Democratic Central Committee nominated a candidate to fill her seat for the final year of her term, and then-Gov. Parris N. Glendening made the appointment. Nobody else got a vote on the matter. The handful of Democrats took applications, privately interviewed candidates and made their choice of a 42-year-old Randallstown woman who served as director of Baltimore County’s Office of Fair Practices, which guards against discrimination in the workplace. This newspaper ran a four-paragraph announcement about this routine changing of the guard in a chamber with 140 other members.
That little-noticed appointee was Adrienne A. Jones, now known as House Speaker Jones (since 2019). Jones is the first Black woman to serve in the top post, which was previously held only by white men. It’s feasible that her appointment helped her climb that leadership mountain. We can never know for sure, but even today, as legislative bodies in Maryland and elsewhere become more representative along racial, gender, religious and ethnic lines, such an achievement stands out. No woman or person of color has yet served as president of the Maryland Senate.
Yet when lawmakers return to Annapolis next month, some are vowing to end this appointment practice, instead running a special election in the presidential election year if the legislative vacancy takes place early enough in a four-year term. The reasoning behind their proposed constitutional amendment is compelling: Why leave this to central committees and the governor if there’s a chance voters can decide? They argue that filling such vacancies while bypassing the electorate is among the most undemocratic actions in our democracy. And it’s not a small one, given that about one in four of the current state delegates and senators got their seats through the appointment process, with most then hanging on through future elections.
Common Cause Maryland and others see a troubling pattern. You make friends with party insiders and your path to the State House is far easier. You get the appointment and then special interest money steered your way keeps you in the job. Other vacancies from state attorney general to comptroller to U.S. Senate seats get a special election (under a 2016 state constitutional amendment ratified by voters).
State senators have long been sympathetic to this argument and endorsed legislation to make it happen, but delegates? Not so much. And the challenges women and minorities have faced in winning elections in the past has kept the lower chamber’s members wary. Even today, the General Assembly is more white (61.2% compared to the state’s overall 57.8%) and male (57.3% versus 48.7%).
A compromise is surely available. Reform the appointment process. Make it more transparent. Give citizens a chance to participate, perhaps even to witness deliberations. Post applications and resumes. Allow the public to ask questions of the candidates. This kind of oversight is routine in other legislative matters so why not with appointments?
It’s also a mistake to see the current system as wholly undemocratic. Central committees are elected by voters registered with their party. This is the essential part of their job. And, of course, governors are elected, too. And even if voters are presented with a last-minute choice for delegate or senator on their local ballots, how well informed will they be?
Polls show Marylanders would rather vote in new lawmakers than have them appointed but ask those surveyed who currently represents them in the General Assembly or even what state legislative district they now live in and we’re guessing most would be stymied. How democratic is the process if all it produces is a victory for the candidate with the most money to spend on advertising?
There’s one more compelling argument for reform: It can actually pass the House of Delegates. As lawmakers like to say, never the let perfect be the enemy of the good. Reforming the screening, review and appointment process is something that can actually happen in 2024.
Baltimore Sun editorial writers offer opinions and analysis on news and issues relevant to readers. They operate separately from the newsroom.