(a) This section applies to a vacancy in nomination for Representative in Congress, State Senator, or member of the House of Delegates, if the district includes more than one county.
Filling vacancy by vote of central committee
(b)(1) A vacancy in nomination under this section that occurs because the nominee dies, withdraws the candidacy, or is disqualified for any reason shall be filled by:
(i) a vote of the central committees of the political party in each of the counties included in the district of that nominee; or
(ii) a State central committee for a nonprincipal political party that does not have local central committees.
(2) The central committee of each county shall cast a vote that is proportionate to its share of the total registered voters in that district as reported in the most recent statistical report by the State Board and promptly notify its State central committee of the results of its vote.
(3)(i) If no person receives a majority of the votes cast under paragraph (2) of this subsection, or if there is a tie vote by the central committees, the vacancy in nomination shall be filled by the State central committee.
(ii) In the event of a tie vote, the nominee selected by the State central committee shall be one of the candidates involved in the tie.
(4) Following the declination of the nominee, by the 88th day before the general election:
(i) the State central committee shall file a certificate of designation for the nominee with the State Board; and
(ii) the successor nominee designated by the State central committee under item (i) of this paragraph shall file a certificate of candidacy with the State Board.
(5) Following the death or disqualification of the nominee, by the 81st day before the general election:
(i) the State central committee shall file a certificate of designation for the nominee with the State Board; and
(ii) the successor nominee designated by the State central committee under item (i) of this paragraph shall file a certificate of candidacy with the State Board.
Credits
Added as Art. 33, § 5-1003, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 5-1003 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2006, c. 120, § 1, eff. April 25, 2006; Acts 2015, c. 332, § 1, eff. Oct. 1, 2015; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2019, c. 770, § 1, eff. June 1, 2019.
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.
