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§ 5-901. Offices other than Governor and Lieutenant Governor; no filed candidate

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

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 5. Candidates
Subtitle 9. Vacancies in Candidacy Occurring Before a Primary Election (Refs & Annos)
Effective: June 1, 2019
MD Code, Election Law, § 5-901
Formerly cited as MD CODE Art. 33, § 5-901
§ 5-901. Offices other than Governor and Lieutenant Governor; no filed candidate
Currentness
Governor and Lieutenant Governor unit
(a) This section does not apply to a vacancy in nomination in the office of a Governor and Lieutenant Governor unit.
Application of section
(b) This section applies to a vacancy in candidacy for a primary election that occurs because:
(1) of the death, disqualification, or withdrawal of an unopposed candidate; or
(2) no candidate for the political party files a certificate of candidacy for the election.
Offices covering more than one county
(c)(1) Except for a vacancy in candidacy for the election of a member of the Senate of Maryland or the House of Delegates as provided in paragraph (2) of this subsection, the vacancy in candidacy for a political party that is entitled to have a candidate on the ballot for an office elected by the voters of more than one county shall be filled by the State central committee or governing body of that political party.
(2)(i) In a State legislative district or a State delegate district comprising more than one county, a vacancy in candidacy for a political party that is entitled to have a candidate on the ballot shall be filled by a vote of the central committee in the counties in the district.
(ii) In filling the vacancy in candidacy under subparagraph (i) of this paragraph, the central committee of each county where the vacancy occurs shall cast a vote proportionate to its share of the total registered voters of the district as reported in the most recent statistical report by the State Board.
(iii) If no person receives a majority of the votes cast under subparagraph (ii) of this paragraph, or if there is a tie vote by the central committees, the vacancy in candidacy shall be filled by the State central committee of the political party.
Offices within a county
(d) For any public or party office not described in subsection (c) of this section, a vacancy in candidacy under this section shall be filled by the central committee of the political party in the county in which the office is located.
Certificate of designation required from central committee
(e)(1) A central committee authorized to fill a vacancy in candidacy for an office under this section because of the withdrawal of an unopposed candidate or because no candidate filed for the office shall file a certificate of designation of candidacy with the appropriate board designated to receive the certificate of candidacy for that office 4 days after the withdrawal date provided in § 5-502 of this title.
(2) A central committee authorized to fill a vacancy in candidacy for an office under this section because of the death or disqualification of an unopposed candidate shall file a certificate of designation with the appropriate board designated to receive the certificate of candidacy for that office 4 days after the death or disqualification becomes known to the applicable board in accordance with § 5-504 of this title.
Certificate of candidacy required of nominee to fill vacancy
(f) The individual designated by a central committee under subsection (e) of this section to fill a vacancy shall file a certificate of candidacy in accordance with Subtitle 3 of this title with the appropriate board by the date specified for the applicable central committee to file a certificate of designation under subsection (e) of this section.

Credits

Added as Art. 33, § 5-901, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 5-901 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2011, c. 169, § 1, eff. Oct. 1, 2011; Acts 2019, c. 770, § 1, eff. June 1, 2019.
Formerly Art. 33, § 5-901.
MD Code, Election Law, § 5-901, MD ELEC LAW § 5-901
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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