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§ 5. Appointment to fill vacancy

West's Annotated Code of MarylandConstitution of Maryland Adopted by Convention of 1867Effective: November 8, 2016

West's Annotated Code of Maryland
Constitution of Maryland Adopted by Convention of 1867
Article V. Attorney-General and State's Attorneys
Effective: November 8, 2016
MD Constitution, Art. 5, § 5
§ 5. Appointment to fill vacancy
(a) In case of vacancy in the office of Attorney General, occasioned by death, resignation, removal from the State, or from office, or other disqualification, the Governor shall appoint an individual to fill the vacancy as provided in this section.
(b) The Governor shall appoint one of three individuals whose names are submitted to the Governor in writing, within 30 days after the occurrence of the vacancy, by the State Central Committee of the political party, if any, with which the vacating Attorney General had been affiliated at the time of the Attorney General's last election or appointment.
(c) Each individual whose name is submitted to the Governor must have been a registered voter affiliated with the political party of the vacating Attorney General on the date immediately preceding the date on which the vacancy occurred.
(d) The Governor shall make the appointment within 15 days after names are submitted by the State Central Committee of the appropriate political party.
(e) If names are not submitted by the State Central Committee of the appropriate political party within 30 days after the occurrence of the vacancy, the Governor shall appoint within another period of 15 days any qualified individual who was a registered voter affiliated with the political party of the vacating Attorney General on the date immediately preceding the date on which the vacancy occurred.
(f) If the vacating Attorney General was not affiliated with a political party at the time of the Attorney General's last election or appointment, the Governor shall appoint any qualified individual within 15 days after the occurrence of the vacancy.
(g) Except as provided in subsection (h) of this section, an individual appointed under this section shall serve until a successor is elected under subsection (i) of this section to fill the remainder of the term.
(h) An individual appointed under this section shall serve for the remainder of the term if the vacancy occurs after the date that is 21 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term.
(i) If the vacancy occurs on or before the date that is 21 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term, the Governor shall issue a proclamation immediately after the occurrence of the vacancy declaring that a special primary election and a special general election shall be held at the same time as the regular statewide primary election and regular statewide general election that are held in the second year of the term.

Credits

Acts 1977, c. 681, ratified Nov. 7, 1978; Acts 2016, c. 511, § 2, ratified Nov. 8, 2016.
MD Constitution, Art. 5, § 5, MD CONST Art. 5, § 5
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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