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§ 5-301. Candidate qualifications and requirements

West's Annotated Code of MarylandElection LawEffective: December 14, 2022

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 5. Candidates
Subtitle 3. Certificate of Candidacy (Refs & Annos)
Effective: December 14, 2022
MD Code, Election Law, § 5-301
Formerly cited as MD CODE Art. 33, § 5-301
§ 5-301. Candidate qualifications and requirements
Currentness
In general
(a) An individual may become a candidate for a public or party office only if:
(1) the individual files a certificate of candidacy in accordance with this subtitle; and
(2) the individual does not file a certificate of withdrawal under Subtitle 5 of this title.
Determinations by State or local board
(b) The appropriate board shall determine whether an individual filing a certificate of candidacy meets the requirements of this article, including:
(1) the voter registration and party affiliation requirements under Subtitle 2 of this title; and
(2) the campaign finance reporting requirements under Title 13 of this article.
Candidate designation of name on ballot
(c)(1) On the certificate of candidacy, a candidate shall designate how the candidate's name is to appear on the ballot.
(2) Except as provided in paragraph (3) of this subsection, a candidate shall file a certificate of candidacy in which the candidate lists any given name, an initial letter of any other given name, and surname.
(3) A candidate may file a certificate of candidacy in a name different than that specified under paragraph (2) of this subsection if the candidate files an affidavit, under penalties of perjury, attesting that the candidate is generally known by that other name in:
(i) press accounts concerning the candidate, if any; or
(ii) if press accounts do not exist, the candidate's everyday encounters with members of the community.
(4) Except for the use of quotation marks to enclose a portion of a name, the use of symbols, titles, degrees, or other professional designations on a certificate of candidacy is prohibited.
Petition candidates
(d) A candidate who seeks nomination by petition shall file a certificate of candidacy as provided in § 5-703 of this title.
Write-in candidates
(e) A write-in candidate shall file a certificate of candidacy as provided under this subtitle.
Appellate judges
(f)(1)(i) On or before the first Monday in August in the year in which a justice of the Supreme Court of Maryland must stand for continuance in office, the Clerk of the Supreme Court of Maryland shall provide written notice to the State Board of the name of the justice that is to be placed on the ballot at the next succeeding general election together with the identification of the judicial circuit from which the qualified voters of that circuit may cast a vote for the justice's continuance in office.
(ii) On or before the first Monday in August in the year in which a judge of the Appellate Court of Maryland must stand for continuance in office, the Clerk of the Appellate Court of Maryland shall provide written notice to the State Board of the name of the justice that is to be placed on the ballot at the next succeeding general election together with:
1. the identification of the judicial circuit from which the qualified voters of that circuit may cast a vote for the justice's continuance in office; or
2. a statement that the voters of the entire State may cast a vote for the judge's continuance in office.
(2) An incumbent justice of the Supreme Court of Maryland or Appellate Court of Maryland is not required to file a certificate of candidacy for an election for continuance in office.
Candidates for President or Vice President nominated by national party convention
(g)(1) A candidate for President or Vice President of the United States nominated by a national party convention is not required to file a certificate of candidacy under this section.
(2) If more than one written notice naming different presidential and vice presidential nominees is provided to the State Board by persons purporting to be the presiding officer of the same party convention, the State Board shall require the chairman of the State party to provide written reaffirmation of the party's nominees within 5 days after the State Board's demand.
(3) The presiding officers of the national party convention shall file a certificate of nomination with the State Board within 5 days after the conclusion of the national party convention.

Credits

Added as Art. 33, § 5-301, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 5-301 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2003, c. 222, § 1, eff. Oct. 1, 2003; Acts 2007, c. 454, § 1, eff. July 1, 2007; Acts 2019, c. 155, § 1, eff. Oct. 1, 2019; Acts 2019, c. 770, § 1, eff. June 1, 2019; Acts 2023, c. 49, § 6.
Formerly Art. 33, § 5-301.
MD Code, Election Law, § 5-301, MD ELEC LAW § 5-301
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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