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§ 8-602. Special election to fill vacancy

West's Annotated Code of MarylandElection LawEffective: July 1, 2016

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 8. Elections (Refs & Annos)
Subtitle 6. United States Senators (Refs & Annos)
Effective: July 1, 2016
MD Code, Election Law, § 8-602
Formerly cited as MD CODE Art. 33, § 8-602
§ 8-602. Special election to fill vacancy
Currentness
Appointment of successor by Governor
(a)(1)(i) If there is a vacancy in the office of United States Senator, the Governor shall appoint an eligible individual to fill the vacancy as provided in this paragraph.
(ii) 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 Senator had been affiliated at the time of the Senator's last election or appointment.
(iii) Each individual whose name is submitted to the Governor must have been a registered voter affiliated with the political party of the vacating Senator on the date immediately preceding the date on which the vacancy occurred.
(iv) The Governor shall make the appointment within 15 days after names are submitted by the State Central Committee of the appropriate political party.
(v) 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 Senator on the date immediately preceding the date on which the vacancy occurred.
(vi) If the vacating Senator was not affiliated with a political party at the time of the Senator's last election or appointment, the Governor shall appoint any qualified individual within 15 days after the occurrence of the vacancy.
(2) Except as provided in paragraph (3) of this subsection, the appointed individual shall serve until a successor is elected pursuant to subsection (b) of this section to fill the remainder of the term.
(3) The appointed individual 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 election that is held in the fourth year of the term.
Declaration of special election
(b) If the vacancy occurs on or before the date that is 21 days before the deadline for filing certificates of candidacy for the next succeeding regular statewide election, 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 next regular statewide primary election and regular statewide general election.

Credits

Added as Art. 33, § 8-602, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 8-602 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2016, c. 511, § 1, eff. July 1, 2016.
Formerly Art. 33, § 8-602.
MD Code, Election Law, § 8-602, MD ELEC LAW § 8-602
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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