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§ 5-305. Petitions challenging residency of candidate

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, § 5-305
§ 5-305. Petitions challenging residency of candidate
Currentness
Application of section
(a) This section applies only to a petition that will affect the right of a candidate to have the candidate's name appear on the ballot in a primary or general election.
Right of registered voter to file petition
(b) A registered voter who is a resident of the district or other geographic area in which a candidate is seeking office may file a petition with the circuit court for that district or geographic area to challenge the candidate's residency as provided in § 5-202 of this title.
Time for filing
(c) The petition must be filed 15 days after the filing dates provided in § 5-303 of this subtitle and §§ 5-703(c) and 5-703.1(c) of this title for which the candidate filed a certificate of candidacy.
Judicial review
(d)(1) Judicial review of any petition that is filed under subsection (b) of this section shall be expedited by the circuit court that hears the cause to the extent necessary in consideration of the deadlines established by law, and in no case longer than 7 days from the date the petition is filed.
(2) A judicial proceeding under this section shall be conducted in accordance with the Maryland Rules, except that:
(i) the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and
(ii) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days after the date of the decision of the circuit court.
(3) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (2)(ii) of this subsection as expeditiously as the circumstances require.

Credits

Added by Acts 2004, c. 338, § 1, eff. July 1, 2004. Amended by Acts 2011, c. 169, § 1, eff. Oct. 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2015, c. 332, § 1, eff. Oct. 1, 2015; Acts 2018, c. 12, § 1, eff. April 5, 2018; Acts 2019, c. 770, § 1, eff. June 1, 2019; Acts 2023, c. 49, § 6.
MD Code, Election Law, § 5-305, MD ELEC LAW § 5-305
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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