Tonight there’s word about the untimely passing of Delegate K. Bennett Bozman of District 38B. The Virginia native was a graduate of Washington HS in Princess Anne and the University of Maryland. He’s survived by his wife, two children, and three grandchildren – my sympathies go to them with their loss.
Despite the fact I never met the man nor did I agree with most of his votes, I’d really rather have seen him be defeated by the voters this November and get to enjoy his post-Assembly years than leave this world as he has.
But life must go on for the rest of us, and I had an interest in finding out the procedures for replacing him. From the Maryland Code:
Section 13. Vacancy in office of Senator or Delegate.
(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, or removal from the county or city for which he shall have been elected, of any person who shall have been chosen as a Delegate or Senator, or in case of a tie between two or more such qualified persons, the Governor shall appoint a person to fill such vacancy from a person whose name shall be submitted to him in writing, within thirty days after the occurrence of the vacancy, by the Central Committee of the political party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the time of the last election or appointment of the vacating Senator or Delegate, in the County or District from which he or she was appointed or elected, provided that the appointee shall be of the same political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and it shall be the duty of the Governor to make said appointment within fifteen days after the submission thereof to him.
(2) If a name is not submitted by the Central Committee within thirty days after the occurrence of the vacancy, the Governor within another period of fifteen days shall appoint a person, who shall be affiliated with the same political party, if any as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and who is otherwise properly qualified to hold the office of Delegate or Senator in the District or County.
(3) In the event there is no Central Committee in the County or District from which said vacancy is to be filled, the Governor shall within fifteen days after the occurrence of such vacancy appoint a person, from the same political party, if any, as that of the vacating Delegate or Senator, at the time of the last election or appointment of the vacating Senator or Delegate, who is otherwise properly qualified to hold the office of Delegate or Senator in such District or County.
(4) In every case when any person is so appointed by the Governor, his appointment shall be deemed to be for the unexpired term of the person whose office has become vacant.
(b) In addition, and in submitting a name to the Governor to fill a vacancy in a Legislative or Delegate district, as the case may be, in any of the twenty-three counties of Maryland, the Central Committee or committees shall follow these provisions:
(1) If the vacancy occurs in a district having the same boundaries as a county, the Central Committee of the county shall submit the name of a resident of the district.
(2) If the vacancy occurs in a district which has boundaries comprising a portion of one county, the Central Committee of that county shall submit the name of a resident of the district.
(3) If the vacancy occurs in a district which has boundaries comprising a portion or all of two or more counties, the Central Committee of each county involved shall have one vote for submitting the name of a resident of the district; and if there is a tie vote between or among the Central Committees, the list of names there proposed shall be submitted to the Governor, and he shall make the appointment from the list.
In a nutshell, the Democrat Central Committees of Wicomico and Worcester counties will have to get their heads together within the next month and pick a successor to Delegate Bozman who will have to be approved by the Governor. He or she will have the advantage of incumbency only if there’s a special session since the General Assembly isn’t slated to meet otherwise until after the 2006 election.
After the proper period of mourning, it’s going to be interesting to see the jockeying for position that occurs among lower shore Democrats trying to get on the list submitted to the state. They’ll have to suck up to both parties in this instance, as the Republican Gov. Ehrlich gets the final say.
It also may bring up the question of age in some of the the local races. While they may be in fine health, Democrat Rudy Cane turns 72 next month and his party cohort Norm Conway is now 64 years old. Republicans Page Elmore (67) and Addie Eckhardt (62) are also among the grayer set of Delegates.
Regardless of affiliation, it’s a sad day in Delmarva as a distingished citizen and public servant has passed away in an untimely manner.
