When filling vacancies left by elected officials, local and state laws differ
When Del. Charles A. Jenkins (R-Dist. 3-B) left his seat on the Frederick Board of County Commissioners, Frederick County Republicans were required to name his replacement under state law.
Frederick County has a county commission form of government, and is bound by state law as to how vacancies are filled, according to Stuart Harvey, Frederick County Board of Elections director.
The central committee of the political party that the elected official was affiliated with nominates a candidate, who is then appointed by the governor to fill the vacancy.
In this case, the Frederick County Republican Central Committee chose Blaine Young to replace the outgoing Jenkins.
However, this is not the way some other counties fill vacancies.
For example, in Montgomery County, which has a charter government, vacancies are filled by special election.
In 2009, the county held a special election to fill the seat of County Councilman Don Praisner (D-Dist. 4), who died in January 2009, according Marjorie Rohrer, spokeswoman for the Montgomery County Board of Elections. Voters elected Nancy Navarro (D-Dist. 4).
Rohrer said not all charter governments must hold special elections; it is up to the individual county government to decide, as defined by its charter.
There are three forms of county government in Maryland.
County commissions exist in eight counties in Maryland, including Carroll, Frederick and Washington. A board of county commissioners carries out both executive and legislative functions of government, but can only enact legislation as allowed by the General Assembly, enabling legislation, or public local laws.
Code Home Rule allows county governments to exercise broad local legislative authority. Six counties operate under code home rule, including Allegheny, Kent and Worcester.
Charter government divides the county executive from the county legislative body, typically a county council. Nine Maryland counties operate under charter government, including Baltimore, Howard and Montgomery.