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Testimony in Support of SB 157

Special Election to Fill Vacancy in the Office of United States Senator

Ryan O’Donnell, Executive Director

February 4, 2010

Madam Chair and Members of the Committee:

Representation demands elections, even if inconvenient.

The US House of Representatives is known as the “people’s house.” Never has anyone
taken a seat in that body without being elected to it. This is a principle written into our
Constitution.

After the passage of the 17th Amendment, members of the US Senate were no longer
appointed by the state legislature. At this point, the Senate too became a “people’s
chamber.” Nobody would seriously vote to repeal that right today.

But that is exactly the right that is lost when states choose selections over elections to
fill vacancies. When that happens, not only is a crucial principle jeopardized. Political
risks are assumed as well. We have seen appointments bring gamesmanship and
backroom deals into the selection process, everywhere from Illinois to Delaware.

We may say that won’t happen here, but we ought not to take the risk at all. We ought
not to dismiss the danger based on the judgments we make about our own wisdom or
upstandingness or good intentions. Either way, the political appointment of US Senators
belongs to the past.

Maryland has the power to change this. Recently, Connecticut's Republican governor
signed the Democratic legislature's bill requiring special elections for Senate vacancies.
The Rhode Island legislature passed legislation by overwhelming margins.

Since the passage of the 17th Amendment (1913), 179 senators have been appointed
undemocratically. Only three states, Massachusetts, Oregon and Wisconsin, now
mandate a special election to fill Senate vacancies. Oklahoma and Mississippi, allow for a
special election outside of a certain time period before the next congressional election.

It’s time for Maryland to join a growing movement of states that want to honor a vital
principle in our Constitution.

Sincerely,

Ryan O’Donnell,
Executive Director

(410) 269-6888 / ccmd@commoncause.org / PO BOX 942 Annapolis, MD 21404

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