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§ 5-1004. Local offices and districts entirely within one county

West's Annotated Code of MarylandElection LawEffective: June 1, 2019

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 5. Candidates
Subtitle 10. Filling Vacancies in Nomination After a Primary Election (Refs & Annos)
Effective: June 1, 2019
MD Code, Election Law, § 5-1004
Formerly cited as MD CODE Art. 33, § 5-1004
§ 5-1004. Local offices and districts entirely within one county
Currentness
In general
(a) A vacancy in nomination for an office that is entirely in one county shall be filled by:
(1) a central committee in that county as provided in this section; or
(2) a State central committee for a nonprincipal political party that does not have a local central committee.
Time for filling
(b)(1) If a nominee for an office that is entirely in one county declines the nomination or gains a tie vote with another candidate in a primary election, the vacancy in nomination shall be filled by the 88th day before the general election.
(2) If a nominee for an office that is entirely in one county dies or becomes disqualified, the vacancy in nomination shall be filled by the 81st day before the general election.
Vacancy filled by central committee of same political party
(c)(1) The vacancy shall be filled by the central committee of the same political party as the individual vacating the nomination.
(2) If the office is to be voted on by the voters of the entire county, the vacancy shall be filled by the central committee of that county.
(3) If the office is voted on only by the voters of one legislative district and the central committee is elected by legislative district, the vacancy shall be filled by the members of the central committee of that legislative district.
(4) If the office is for Representative in Congress and is a district that is wholly within one county, the vacancy shall be filled by the central committee for that county.
(5) By the deadline prescribed in subsection (b) of this section:
(i) the applicable central committee shall file a certificate of designation with the applicable board; and
(ii) the successor nominee designated by the applicable central committee under item (i) of this paragraph shall file a certificate of candidacy with the applicable board.
Tie votes
(d) If the vacancy results because of a tie vote between two or more candidates, the nominee selected by the central committee under this section shall be one of those candidates.

Credits

Added as Art. 33, § 5-1004, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 5-1004 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.
Formerly Art. 33, § 5-1004.
MD Code, Election Law, § 5-1004, MD ELEC LAW § 5-1004
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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