Md. Code, Election Law, Title 4

in effect

Md. Code, Election Law § 4-101

Except as to a matter of compelling State interest, if any provision of this title relating to party governance conflicts with the constitution and bylaws of a political party, the constitution and bylaws shall apply to the extent of the conflict.

Md. Code, Election Law § 4-102

(a) Any group of registered voters may form a new political party by: (1) filing with the State Board on the prescribed form a petition meeting the requirements of subsection (b) of this section and of Title 6 of this article; and (2) adopting and filing an interim constitution and bylaws in accordance with subsection (e) of this section. (b) (1) The petition shall state: (i) the partisan organization’s intent to organize a State political party; (ii) the name of the partisan organization; (iii) the name and signature of the State chairman of the partisan organization; and (iv) the names and addresses of 25 registered voters, including the State chairman, who shall be designated as constituting the initial governing body of the partisan organization. (2) (i) Appended to the petition shall be papers bearing the signatures of at least 10,000 registered voters who are eligible to vote in the State as of the first day of the month in which the petition is submitted. (ii) Signatures on the petition must have been affixed to the petition not more than 2 years before the filing date of the last qualifying signature. (c) (1) Except as provided in paragraph (2) of this subsection, a petition for the formation of a new political party, or any additional signatures to a petition, may be filed at any time. (2) A petition for the formation of a new political party, or any additional signatures to a petition, may be filed: (i) in the year of an election at which the President is elected except: 1. during the period of time that registration is closed before and after a primary election in accordance with § 3–302(a) of this article; and 2. after the first Monday in July until registration reopens after the general election in accordance with § 3–302(a) of this article; (ii) in the year of an election at which the Governor is elected, except after the first Monday in July until registration reopens after the general election in accordance with § 3–302(a) of this article; or (iii) when a special primary election and a special election are proclaimed by the Governor in accordance with § 8–710 of this article except: 1. after the fifth Monday before the special primary election through the tenth day following the special primary election; and 2. after the fifth Monday before the special election through the fifteenth day following the special election. (3) If an official determination has been made that a petition for the formation of a new political party fails to meet the requirements of subsection (b) of this section or Title 6 of this article, the signatures submitted with the petition may not be resubmitted with a subsequent petition. (d) (1) (i) If the petition is certified under Title 6 of this article, the State Board shall promptly notify the State chairman of the partisan organization. (ii) Upon the filing of a constitution and bylaws with the State Board by a partisan organization in accordance with subsection (e) of this section, the State Board shall: 1. review the constitution and bylaws to determine whether the constitution and bylaws meet the requirements of subsection (e) of this section; and 2. if the constitution and bylaws meet the requirements of subsection (e) of this section, promptly notify the partisan organization designated in the petition that it is considered a State political party for the purposes of this article. (2) If the petition does not meet the requirements of this section and of Title 6 of this article: (i) the State Board shall declare the petition insufficient; (ii) the partisan organization is not a State political party for the purposes of this article; and (iii) the State Board shall promptly notify the State chairman of the partisan organization. (e) (1) The constitution and bylaws of a new political party shall: (i) comply with the requirements of § 4–204 of this title; and (ii) be adopted by the individuals designated in the petition as the initial governing body at an organizational meeting held within 90 days after the date of the filing of the last qualifying signature on its petition. (2) The individual designated in the petition as the State chairman of the political party shall convene the organizational meeting under paragraph (1)(ii) of this subsection and shall preside as president pro tem of the meeting until party officers are elected. (f) (1) Unless a new political party is required to hold a primary election to nominate its candidates under Title 8 of this article, the new political party may nominate its candidates in accordance with the constitution and bylaws adopted by the political party and submitted to the State Board. (2) The candidates nominated by the new political party shall: (i) file a certificate of candidacy no later than 5 p.m. on the first Monday in August in the year of the general election for the office; (ii) comply with the requirements for a certificate of candidacy under Title 5, Subtitle 3 of this article; and (iii) file with the appropriate board, on a form the State Board prescribes, a certificate of nomination signed by the officers of the new political party.

Md. Code, Election Law § 4-103

(a) (1) Unless extended pursuant to paragraph (2) of this subsection, a new political party shall retain its status as a political party until December 31 in the year of the second statewide general election following the party’s qualification under § 4-102 of this subtitle. (2) The political party shall retain its status as a political party through either of the following: (i) if the political party has nominated a candidate for the highest office on the ballot in a statewide general election, and the candidate receives at least 1% of the total vote for that office, the political party shall retain its status through December 31 in the year of the next following general election; or (ii) if the State voter registration totals, as of December 31, show that at least 1% of the State’s registered voters are affiliated with the political party, the political party shall retain its status until the next following December 31. (b) The State Board shall promptly notify the State chairman of a group that loses its status as a political party. (c) A group that loses its status as a political party may regain that status only by complying with all the requirements for qualifying as a new party under § 4-102 of this subtitle.

Md. Code, Election Law § 4-201

(a) Each political party shall have a State central committee that: (1) is the governing body of the political party; and (2) may be composed of the members of the central committees of the counties during their terms in office. (b) (1) A party’s State central committee shall select the chair or cochairs of the party State central committee. (2) The chair or cochairs shall be residents of the State during their tenure in office. (c) A party’s State central committee shall determine its own rules of procedure, not inconsistent with the provisions of this article.

Md. Code, Election Law § 4-202

(a) (1) A principal political party shall elect the members of the county central committee at a primary election. (2) Except as otherwise provided in this section or § 4–203 of this subtitle, the central committee for a county shall consist of the number of members determined by the party’s constitution. (b) (1) Except as provided in paragraph (2) of this subsection, the party central committee for each county shall select the chairman of that county’s party central committee. (2) In Baltimore County, the Chairman of the Republican Party Central Committee shall be elected by the members of the central committee from among its members and in accordance with its bylaws. (c) (1) An individual elected to serve as a member of a party central committee shall be a resident of the county in which that central committee is located. (2) (i) An individual elected from a county who ceases to reside in that county shall be considered to have resigned and may not continue to serve on the central committee. (ii) An individual elected from a specific legislative district who ceases to reside in that district shall be considered to have resigned and may not continue to serve on the central committee. (d) (1) (i) An individual selected to fill a vacancy in a party central committee shall be a resident of the county in which that central committee is located. (ii) An individual selected to fill a vacancy of a member elected from a specific legislative district in a party central committee shall be a resident of that legislative district. (2) Upon relinquishing residency in the county or legislative district in which a member of a party central committee was selected to fill a vacancy, the member shall be considered to have resigned. (e) (1) Except as provided in paragraph (2) of this subsection, a vacancy in the party central committee for a county, or for a legislative district of Baltimore City, Anne Arundel County, or Baltimore County, shall be filled by the remaining members of the committee elected from that county or legislative district. (2) If a political party does not have county central committees or central committees for legislative districts, vacancies shall be filled in accordance with party rules. (f) (1) Except as provided in paragraph (2) of this subsection, the tenure in office of a member of the central committee of any political party shall: (i) begin at the time the results of that election are certified; and (ii) continue to the extent of any extension in time between primary elections by reason of any change in the date of holding primary elections by a political party in the State. (2) The tenure in office of a member of the Republican Party Central Committee shall begin on the 14th day following the gubernatorial general election. (3) For purposes of this subsection, upon relinquishing residency in the county, a member of a party central committee shall be considered to have resigned.

Md. Code, Election Law § 4-203

(a) (1) In Anne Arundel County, the members of the Democratic Party Central Committee for the county shall be elected as follows: (i) three members shall be elected from each legislative district wholly contained within Anne Arundel County; and (ii) one member shall be elected from that portion within Anne Arundel County of any legislative district that is partially contained within Anne Arundel County. (2) For the Anne Arundel County Republican Party Central Committee: (i) two members shall be elected from each councilmanic district of Anne Arundel County; and (ii) one member shall be elected from Anne Arundel County at large. (b) (1) (i) In Baltimore City, the Democratic Party Central Committee consists of seven members elected from each of the six legislative districts of Baltimore City. (ii) Each member shall reside in, and be elected by the voters of, the legislative district that the member represents. (2) (i) The members of the Republican Party Central Committee shall be elected from each councilmanic district of Baltimore City. (ii) Two members shall be elected from each councilmanic district. (iii) An individual appointed to fill a vacancy of a member of the Republican Party Central Committee may reside anywhere in Baltimore City. (c) (1) In Baltimore County, the Republican Party Central Committee shall consist of three members elected from each councilmanic district in the county. (2) For the Baltimore County Democratic Party Central Committee: (i) 10 members, two from each district, shall be elected from legislative districts 11A, 42A, 42B, 43B, and 44A, each district being located wholly in Baltimore County; (ii) 12 members, four from each district, shall be elected from legislative districts 7A, 11B, and 44B, each district being located wholly in Baltimore County; and (iii) 18 members, six from each district, shall be elected from legislative districts 6, 8, and 10, each district being located wholly in Baltimore County. (3) Only individuals affiliated with the Democratic Party and who are registered to vote in Baltimore County may vote for the election of members to the Baltimore County Democratic Party Central Committee under this section. (4) The number of Democratic Party Central Committee members to be elected from each legislative district, or portion of legislative district, in Baltimore County shall be determined upon completion of each legislative districting. (d) In Calvert County, the Democratic Party Central Committee consists of nine members elected by the voters of the county at large as follows: (1) two members who reside in the first election district and receive the largest number of votes cast for candidates from that district; (2) two members who reside in the second election district and receive the largest number of votes cast for candidates from that district; (3) two members who reside in the third election district and receive the largest number of votes cast for candidates from that district; and (4) three members who reside in Calvert County and who receive the highest number of votes cast in Calvert County for the remaining candidates. (e) In Carroll County, the Republican Party Central Committee shall consist of nine members elected at large. (f) (1) In Montgomery County, for the Democratic Party Central Committee: (i) two members are elected from each of the legislative districts that lie wholly within Montgomery County; (ii) one member is elected from the Montgomery County part of each legislative district that is partially within Montgomery County; and (iii) members shall be elected at large equal to the number of legislative districts that lie wholly within Montgomery County, except that not more than two members at large may reside in the same legislative district. (2) Any vacancy in a seat on the Democratic Party Central Committee held initially by a member elected from a legislative district shall be filled by a person residing in that district. (3) Any reference to the Democratic Party Central Committee for Montgomery County or any portion of it means the entire membership of the Montgomery County Democratic Party Central Committee, and in no event do the members of the Central Committee elected from a district comprise a separate central committee. (g) (1) (i) In Prince George’s County, members of the Republican Party Central Committee: 1. may run at large to fill historically vacant seats; and 2. unless a member runs at large under item 1 of this subparagraph, shall be elected from within legislative districts of Prince George’s County or within that portion of any legislative district lying within Prince George’s County. (ii) The number of members of the Republican Party Central Committee shall, to the extent practicable, consist of two members from each of the eight legislative districts lying within Prince George’s County. (2) (i) In Prince George’s County, the Democratic Party Central Committee consists of 24 members. (ii) 1. Two members shall reside in and be elected by the eligible voters of each of the eight legislative districts lying within Prince George’s County. 2. At least one member shall reside in each single–member or two–member delegate district of any district in which there are such districts. (iii) In addition to the members of the committee elected from legislative districts, eight members of the committee shall be elected by all the eligible voters in the county, and at the time of election, each member shall reside in a different one of the eight legislative districts within Prince George’s County. (iv) A candidate for election to the Democratic Party Central Committee shall declare at the time of filing for candidacy which seat on the Central Committee the candidate is seeking. (v) If a member who was elected from a specific legislative district ceases to reside in that district, the member may not continue to serve on the Central Committee. (h) (1) In Worcester County, the Democratic Party Central Committee consists of 11 members as follows: (i) seven members who shall reside in and be elected, respectively, by the eligible voters of each of the seven county commissioner districts; and (ii) four members who shall reside in Worcester County, be elected at large by the eligible voters of the entire county, and receive the highest number of votes cast for candidates in the at large election. (2) (i) A candidate for election to the Democratic Party Central Committee shall declare at the time of filing a certificate of candidacy which seat the candidate is seeking. (ii) A member elected to represent a specific county commissioner district who ceases to reside in that district may not continue to serve on the Central Committee. (3) Any vacancy in a seat on the Central Committee held by an individual elected from a county commissioner district shall be filled by an individual who resides in that district.

Md. Code, Election Law § 4-204

(a) Except as otherwise provided in this article, each political party shall adopt and be governed by a constitution and all bylaws and rules adopted in accordance with the constitution. (b) (1) The constitution and bylaws of each political party shall provide: (i) for such matters as in its opinion are necessary for the proper conduct of party affairs; (ii) for the selection of a State governing body; (iii) for the calling of regular meetings, advance notification of meetings, and special notice for special meetings; (iv) for the establishment of a quorum; (v) a method of amending the political party’s constitution and bylaws; (vi) procedures for filling a vacancy in a nomination for public office; (vii) for a principal political party, for the convening of a meeting of the central committee within 45 days after the primary election in each gubernatorial election year; (viii) for a political party that is not a principal political party, procedures for selecting nominees for a public office; and (ix) for the adoption of rules governing the political party. (2) The Republican Party State Central Committee may adopt provisions in its constitution and bylaws providing for the removal of members of the Republican State Central Committee who fail to discharge the minimum responsibilities of a State central committee member. (c) (1) In accordance with the constitution and bylaws of a principal political party, the central committee of that party for each county shall adopt a constitution, bylaws, and rules. (2) Until a central committee adopts a constitution, bylaws, and rules, the central committee shall be governed by the State central committee. (d) (1) Within 30 days after the adoption or amendment by a political party of a constitution, bylaw, or rule, the political party shall file a copy of the constitution, bylaw, or rule with the State Board. (2) Within 30 days after the adoption or amendment by a central committee of any county of a constitution, bylaw, or rule, the local central committee shall file a copy of the constitution, bylaw, or rule with the State central committee and the State Board. (e) (1) The constitution and bylaws adopted by a new political party shall conform to the requirements of subsections (a), (b), and (c)(1) of this section. (2) If a new political party decides to form local central committees, the political party shall notify the State Board of the number and size of the local central committees within 6 months after the date the State Board notified the political party that it is considered a State political party.

Md. Code, Election Law § 4-205

(a) A political party in the State may not incorporate under the general laws of the State providing for the formation of a corporation. (b) Unless it is the party State central committee, an organization may not represent that it is the official organization or governing body of any political party. (c) A person who violates this section shall be guilty of a misdemeanor and shall be subject to the penalties provided in Title 16 of this article.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026