Maryland Senate Passes Bill to Require Special Elections for MGA Vacancies

SB5 would switch the process of filling a vacant seat in the Maryland General Assembly from appointment to special election during the first two years of a term.

Published on Feb. 25, 2026

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The Maryland Senate has passed SB5, a bill that would require a special election to fill vacancies in the Maryland General Assembly (MGA) during the first two years of a term, rather than allowing the seat to be filled by appointment. The bill was introduced by Senator Cheryl Kagan of Montgomery County and received support from several advocacy groups, but was opposed by Senator Antonio Hayes, the only senator of either party to vote against the measure.

Why it matters

This bill aims to give voters more direct say in who represents them in the MGA, rather than allowing political parties to appoint replacements. Supporters argue this will increase accountability and transparency, while opponents are concerned about the cost and logistics of holding special elections.

The details

SB5 was introduced by Senator Cheryl Kagan and received support from several advocacy groups, including SEIU Local 500, Common Cause MD, and the League of Women Voters Maryland. The bill passed the Senate, with Senator Antonio Hayes of Baltimore City being the only senator of either party to vote against it. If signed into law by the Governor, the measure would be put on the ballot for voters to make a final determination.

  • SB5 was introduced in the 2026 Regular Session of the Maryland General Assembly.
  • The bill passed the Maryland Senate on February 20, 2026.

The players

Senator Cheryl Kagan

The Montgomery County senator who introduced SB5.

Senator Antonio Hayes

The only senator of either party to vote against SB5, representing District 40 in Baltimore City.

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What they’re saying

“We must give voters more direct say in who represents them in the General Assembly.”

— Cheryl Kagan, State Senator

“This bill raises concerns about the cost and logistics of holding special elections.”

— Antonio Hayes, State Senator

What’s next

If signed into law by the Governor, SB5 would be put on the ballot for voters to make a final determination.

The takeaway

This bill highlights the ongoing debate over the balance of power between voters and political parties in filling legislative vacancies, with supporters arguing for more direct democracy and opponents raising practical concerns.