Md. Code, Election Law, Title 5

in effect

Md. Code, Election Law § 5-101

(a) This subtitle governs the process by which an individual becomes a candidate for a public or party office in an election governed by this article. (b) An individual’s name may not be placed on the ballot and submitted to the voters at an election unless the individual complies with the requirements of this title.

Md. Code, Election Law § 5-201

An individual may become a candidate for a public or party office only if the individual satisfies the qualifications for that office established by law and, in the case of a party office, by party constitution or bylaws.

Md. Code, Election Law § 5-202

A candidate for public or party office must be a registered voter at an address that satisfies any residence requirement for the office that is imposed by law and, in the case of a party office, by party rules.

Md. Code, Election Law § 5-203

(a) (1) This subsection does not apply to a candidate for: (i) President or Vice President of the United States; or (ii) any federal office who seeks nomination by petition. (2) Unless the individual is a registered voter affiliated with the political party, an individual may not be a candidate for: (i) an office of that political party; or (ii) except as provided in subsection (b) of this section, nomination by that political party. (b) The requirements for party affiliation specified under subsection (a) of this section do not apply to a candidate for: (1) a judicial office; or (2) a county board of education.

Md. Code, Election Law § 5-204

(a) An individual simultaneously may not be a candidate for more than one public office. (b) An individual simultaneously may not be a candidate for more than one office of a political party. (c) Unless otherwise prohibited by rule of the applicable political party, an individual simultaneously may be a candidate for a party office and a public office.

Md. Code, Election Law § 5-205

(a) In accordance with Article II of the Maryland Constitution, when a candidate for nomination for Governor files a certificate of candidacy for that office, the candidate shall designate a candidate for Lieutenant Governor. (b) The candidates for nomination for Governor and Lieutenant Governor each shall file for nomination and be considered a unit for nomination to the offices of Governor and Lieutenant Governor. (c) (1) The names of the candidates of a unit for Governor and Lieutenant Governor shall be listed jointly on the ballot. (2) A vote cast for a candidate for Governor also shall be a vote cast for the candidate for Lieutenant Governor.

Md. Code, Election Law § 5-301

(a) An individual may become a candidate for a public or party office only if: (1) the individual files a certificate of candidacy in accordance with this subtitle; and (2) the individual does not file a certificate of withdrawal under Subtitle 5 of this title. (b) The appropriate board shall determine whether an individual filing a certificate of candidacy meets the requirements of this article, including: (1) the voter registration and party affiliation requirements under Subtitle 2 of this title; and (2) the campaign finance reporting requirements under Title 13 of this article. (c) (1) On the certificate of candidacy, a candidate shall designate how the candidate’s name is to appear on the ballot. (2) Except as provided in paragraph (3) of this subsection, a candidate shall file a certificate of candidacy in which the candidate lists any given name, an initial letter of any other given name, and surname. (3) A candidate may file a certificate of candidacy in a name different than that specified under paragraph (2) of this subsection if the candidate files an affidavit, under penalties of perjury, attesting that the candidate is generally known by that other name in: (i) press accounts concerning the candidate, if any; or (ii) if press accounts do not exist, the candidate’s everyday encounters with members of the community. (4) Except for the use of quotation marks to enclose a portion of a name, the use of symbols, titles, degrees, or other professional designations on a certificate of candidacy is prohibited. (d) A candidate who seeks nomination by petition shall file a certificate of candidacy as provided in § 5–703 of this title. (e) A write–in candidate shall file a certificate of candidacy as provided under this subtitle. (f) (1) (i) On or before the first Monday in August in the year in which a justice of the Supreme Court of Maryland must stand for continuance in office, the Clerk of the Supreme Court of Maryland shall provide written notice to the State Board of the name of the justice that is to be placed on the ballot at the next succeeding general election together with the identification of the judicial circuit from which the qualified voters of that circuit may cast a vote for the justice’s continuance in office. (ii) On or before the first Monday in August in the year in which a justice of the Appellate Court of Maryland must stand for continuance in office, the Clerk of the Appellate Court of Maryland shall provide written notice to the State Board of the name of the justice that is to be placed on the ballot at the next succeeding general election together with: 1. the identification of the judicial circuit from which the qualified voters of that circuit may cast a vote for the justice’s continuance in office; or 2. a statement that the voters of the entire State may cast a vote for the justice’s continuance in office. (2) An incumbent justice of the Supreme Court of Maryland or Appellate Court of Maryland is not required to file a certificate of candidacy for an election for continuance in office. (g) (1) A candidate for President or Vice President of the United States nominated by a national party convention is not required to file a certificate of candidacy under this section. (2) If more than one written notice naming different presidential and vice presidential nominees is provided to the State Board by persons purporting to be the presiding officer of the same party convention, the State Board shall require the chairman of the State party to provide written reaffirmation of the party’s nominees within 5 days after the State Board’s demand. (3) The presiding officers of the national party convention shall file a certificate of nomination with the State Board within 5 days after the conclusion of the national party convention.

Md. Code, Election Law § 5-302

(a) A certificate of candidacy shall be filed under oath on the prescribed form. (b) The certificate of candidacy shall be filed with the State Board if the candidacy is for: (1) an office to be voted upon by the voters of the entire State; (2) the General Assembly of Maryland; (3) Representative in Congress; (4) the office of judge of the circuit court for a county; or (5) an office of elected delegate to a presidential national convention provided for under Title 8, Subtitle 5 of this article. (c) (1) If the candidacy is for an office other than an office described in subsection (b) of this section, the certificate of candidacy shall be filed with the local board of the applicable county. (2) In accordance with regulations adopted by the State Board, each local board shall provide the name and other required information for each candidate to the State Board. (d) The State Administrator may designate satellite locations for a temporary period to receive a certificate of candidacy.

Md. Code, Election Law § 5-303

(a) Except as provided in subsections (b), (c), and (d) of this section: (1) in the year in which the Governor is elected, a certificate of candidacy shall be filed not later than 9 p.m. on the last Tuesday in February in the year in which the primary election will be held; and (2) for any other regularly scheduled election, a certificate of candidacy shall be filed not later than 9 p.m. on the 95th day before the day on which the primary election will be held. (b) Except as provided in subsection (d) of this section, a certificate of candidacy for an office to be filled by a special election under this article shall be received and filed in the office of the appropriate board not later than 5 p.m. on the first Monday that is 3 weeks or 21 days after the issuance of the proclamation by the Governor for the special primary election. (c) Except as provided in subsection (d) of this section, the certificate of candidacy for the election of a write–in candidate shall be filed by the earlier of: (1) 7 days after a total expenditure of at least $51 is made to promote the candidacy by a campaign finance entity of the candidate; or (2) 5 p.m. on the 7th day preceding the start of early voting for which the certificate is filed. (d) The certificate of candidacy for a special election of a write–in candidate shall be filed by the earlier of: (1) 7 days after a total expenditure of at least $51 is made to promote the candidacy by any authorized candidate campaign committee of the candidate; or (2) 5 p.m. on the 7th day preceding the start of voting at a precinct polling place or, if the election is being conducted by mail, the voting center established under § 9–503 of this article for which the certificate is filed.

Md. Code, Election Law § 5-304

(a) (1) A certificate of candidacy may be filed: (i) in person; or (ii) if authorized by subsection (b) of this section, by certified mail, personal messenger, or other delivery service designated by the filer. (2) A certificate of candidacy may not be filed by facsimile service or other electronic transmission. (b) A certificate of candidacy may be filed as permitted under subsection (a)(1)(ii) of this section, if: (1) the individual filing the certificate is unable to do so in person because of illness, service in the uniformed services, or temporary absence from the State; and (2) the certificate is accompanied by an affidavit signed by the individual filing the certificate setting forth fully the facts that prevent that individual from filing the certificate in person. (c) On the certificate of candidacy form prescribed by the State Board, the candidate shall specify: (1) the office, including, if applicable, the party, district, and circuit to which the candidacy relates; (2) the year of the election; (3) the name of the individual filing the certificate; (4) the address on the statewide voter registration list or the current address of that individual; (5) a statement that the individual satisfies the requirements of law for candidacy for the office for which the certificate is being filed; and (6) any information requested by the State Board to verify the accuracy of the information provided by the individual under this subsection. (d) The certificate of candidacy shall be accompanied by: (1) a filing fee satisfying the requirements of § 5–401 of this title; (2) a separate form, unless such a form has previously been filed, establishing a campaign finance entity under Title 13 of this article; (3) evidence that the individual has filed: (i) a financial disclosure statement with the State Ethics Commission in accordance with the requirements of Title 5, Subtitle 6 of the General Provisions Article; or (ii) any other financial disclosure report required by law; and (4) any additional information required by the State Board. (e) The appropriate board shall accept the certificate of candidacy if it determines that all requirements are satisfied.

Md. Code, Election Law § 5-305

(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. (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. (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. (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.

Md. Code, Election Law § 5-401

(a) (1) This section does not apply to a write–in candidate. (2) Unless exempted under subsection (c) of this section, an individual who files a certificate of candidacy shall pay a filing fee at the time the certificate of candidacy is filed. (b) The filing fee shall be as follows: (1) President and Vice President of the United States No fee (2) Governor or Lieutenant Governor $290 each (3) Comptroller of the Treasury $290 (4) Attorney General $290 (5) United States Senator $290 (6) Representative in Congress $100 (7) Member of the General Assembly $50 (8) Mayor of the City of Baltimore $150 (9) Comptroller of the City of Baltimore $150 (10) City Council of Baltimore: (i) President $150 (ii) member at large voted on by the voters of the entire City of Baltimore……………………………………………………………………………………….$150 (iii) member voted on by less than the entire City of Baltimore………………………………………………………………………………………...$50 (11) offices of the City of Baltimore, not specified in items (8), (9), and (10) of this subsection, that are voted on by the voters of the entire City of Baltimore……………………………………………………………………………………….$150 (12) any other public office $25 (13) member of a party central committee $10 (c) (1) A candidate may petition for a waiver of the filing fee in accordance with this subsection. (2) The filing fee required by this section shall be waived if the candidate establishes inability to pay the fee. (3) A candidate may demonstrate inability to pay the filing fee by attaching to the certificate of candidacy when it is filed a sworn statement on the form prescribed by the State Board of inability to pay which sets forth: (i) the nature, extent, and liquidity of the candidate’s assets; and (ii) the candidate’s disposable net income. (4) At its discretion and in order to conduct any investigation of the petition for waiver, the appropriate board may request that the candidate provide additional information concerning the candidate’s financial status. (5) If the appropriate board determines that the candidate is unable to pay the required filing fee, the certificate of candidacy shall be issued without payment of the fee.

Md. Code, Election Law § 5-402

(a) Upon request, a candidate who pays a filing fee is entitled to a return of the filing fee upon the filing of the certificate of withdrawal on the form prescribed by the State Board if the candidate enters into active duty with the armed services of the United States during the period between the last date allowed for the withdrawal of candidacy and the printing of the ballots. (b) Subject to the approval of the State Board, the filing fee paid by a candidate may be returned to the candidate for good cause.

Md. Code, Election Law § 5-403

Filing fees paid by candidates under § 5–401 of this subtitle shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of this article.

Md. Code, Election Law § 5-501

An individual who has filed a certificate of candidacy may withdraw the candidacy by filing a certificate of withdrawal as provided in this subtitle.

Md. Code, Election Law § 5-502

(a) Subject to § 5–402 of this title, an individual who has filed a certificate of candidacy may withdraw the candidacy by filing a certificate of withdrawal on the form prescribed by the State Board within 10 days after the filing date established under § 5–303 of this title. (b) An individual who has filed a certificate of candidacy for the special election to fill a vacancy for Representative in Congress may withdraw the certificate on the prescribed form within 2 days after the filing date established in the proclamation issued by the Governor.

Md. Code, Election Law § 5-503

(a) Except as provided in subsection (b) of this section, the certificate of withdrawal shall be filed with the appropriate board with which the individual filed the certificate of candidacy. (b) The proclamation issued by the Governor under § 8-710 of this article for a special election to fill a vacancy for Representative in Congress shall allow any individual who has filed a certificate of candidacy to withdraw the candidacy as provided under the terms of the proclamation.

Md. Code, Election Law § 5-504

(a) If a certificate of withdrawal is filed under this subtitle: (1) the certificate of candidacy to which the certificate of withdrawal relates is void; (2) the name of the candidate may not be submitted to the voters for nomination and election to the office to which the certificate relates unless the individual files a new certificate of candidacy within the time limit prescribed for filing; and (3) except as provided in § 5-402 of this title, the filing fee for the certificate of candidacy may not be refunded. (b) Except for the offices of Governor and Lieutenant Governor, the name of any individual who files a certificate of candidacy and does not withdraw shall appear on the primary election ballot unless, by the 10th day after the filing deadline specified under § 5-303 of this title, the individual’s death or disqualification is known to the applicable board with which the certificate of candidacy was filed.

Md. Code, Election Law § 5-601

The name of a candidate shall remain on the ballot and be submitted to the voters at a primary election if: (1) the candidate has filed a certificate of candidacy in accordance with the requirements of § 5-301 of this title and has satisfied any other requirements of this article relating to the office for which the individual is a candidate, provided the candidate: (i) has not withdrawn the candidacy in accordance with Subtitle 5 of this title; (ii) has not died or become disqualified, and that fact is known to the applicable board by the deadline prescribed in § 5-504(b) of this title; (iii) does not seek nomination by petition pursuant to the provisions of § 5-703 of this title; or (iv) is not a write-in candidate; or (2) the candidate has qualified to have the candidate’s name submitted to the voters in a presidential primary election under Title 8, Subtitle 5 of this article.

Md. Code, Election Law § 5-701

Nominations for public offices that are filled by elections governed by this article shall be made: (1) by party primary, for candidates of a principal political party; (2) by petition, for candidates not affiliated with any political party; or (3) in accordance with the constitution and bylaws of the political party, for candidates of a political party that does not nominate by party primary.

Md. Code, Election Law § 5-702

A candidate for public office of a political party shall be nominated in accordance with the requirements of Subtitles 2 through 4 of this title unless the candidate is: (1) nominated by: (i) petition under § 5-703 of this subtitle; or (ii) political party under § 5-703.1 of this subtitle; or (2) a write-in candidate under § 5-704 of this subtitle.

Md. Code, Election Law § 5-703

(a) Except for a candidate for a nonpartisan county board of education, this section applies to any candidate for public office subject to this title. (b) A candidate for a public office may be nominated by petition under this subtitle if the candidate is not affiliated with any political party. (c) (1) A candidate for public office who seeks nomination by petition shall file a declaration of intent to seek nomination by petition. (2) The declaration of intent shall be filed with the board at which the candidate files a certificate of candidacy under Subtitle 3 of this title. (3) The declaration of intent shall be filed as follows: (i) not later than the first Monday in July; and (ii) for a special election to fill a vacancy for Representative in Congress, by the date and time specified in the Governor’s proclamation. (4) A candidate who seeks nomination by petition may not be charged a fee for filing the declaration of intent. (d) (1) A candidate for public office who seeks nomination by petition shall file a certificate of candidacy not later than 5 p.m. on the first Monday in August in the year of the general election for the office. (2) Except for the time of filing, the certificate of candidacy for a candidate who seeks nomination by petition shall comply with the requirements for a certificate of candidacy under Subtitle 3 of this title. (e) (1) A candidate who seeks nomination by petition may not have the candidate’s name placed on the general election ballot unless the candidate files with the appropriate board petitions signed by the lesser of 10,000 registered voters or 1% of the total number of registered voters who are eligible to vote for the office for which the nomination by petition is sought, except that the petitions shall be signed by at least 250 registered voters who are eligible to vote for the office. (2) The petitions shall be filed as required in Title 6 of this article. (3) The number of registered voters required to satisfy the requirements of paragraph (1) of this subsection shall be determined as of January 1 of the year of the primary election for which the nomination is sought. (f) (1) Except as provided in paragraph (2) of this subsection, a petition that contains the required number of signatures specified under subsection (e)(1) of this section shall be filed with the appropriate board by 5 p.m. on the first Monday in August in the year in which the general election is held. (2) In a special election to fill a vacancy in the office of Representative in Congress, a petition that contains the required number of signatures shall be filed with the State Board by 5 p.m. on the day of the special primary election.

Md. Code, Election Law § 5-703.1

§5–703.1. (a) Except for a candidate for a nonpartisan county board of education, this section applies to any candidate for public office subject to this title. (b) A candidate for a public office may be nominated by a political party under this subtitle if the political party is not required to nominate its candidates by party primary. (c) (1) This subsection does not apply to a candidate nominated by a new political party under § 4–102(f) of this article. (2) A candidate for public office who seeks political party nomination under this section shall file a declaration of intent to seek political party nomination. (3) The declaration of intent shall be filed with the board at which the candidate files a certificate of candidacy under Subtitle 3 of this title. (4) The declaration of intent shall be filed as follows: (i) not later than the first Monday in July; and (ii) for a special election to fill a vacancy: 1. for Representative in Congress, by the date and time specified in the Governor’s proclamation; or 2. for a local public office, by the date and time specified in the county proclamation. (5) A candidate who seeks nomination by political party may not be charged a fee for filing the declaration of intent. (d) (1) A candidate for public office who seeks nomination by political party shall file a certificate of candidacy not later than 5 p.m. on the first Monday in August in the year of the general election for the office. (2) Except for the time of filing, the certificate of candidacy for a candidate who seeks nomination by political party shall comply with the requirements for a certificate of candidacy under Subtitle 3 of this title. (e) (1) A candidate for nomination by political party may not have the candidate’s name placed on the general election ballot unless the candidate files with the appropriate board, on a form the State Board prescribes, a certificate of nomination signed by the officers of the political party. (2) In a special election to fill a vacancy in the office of Representative in Congress, a certificate of nomination shall be filed with the State Board by 5 p.m. on the day of the special primary election.

Md. Code, Election Law § 5-704

An individual who seeks election as a write-in candidate shall file a certificate of candidacy as required under § 5-303 of this title.

Md. Code, Election Law § 5-705

(a) A certificate of nomination that entitles a candidate for public office to have the candidate’s name listed on the general election ballot and submitted to the voters at the general election shall be issued in accordance with this section. (b) (1) Subject to § 13–332.1 of this article, the State Board shall issue a certificate of nomination to each candidate who files a certificate of candidacy with the State Board and who qualifies for the nomination. (2) Subject to § 13–332.1 of this article, the local board with which a candidate files a certificate of candidacy shall issue a certificate of nomination to each candidate who qualifies for the nomination. (3) A political party may have only one candidate as its nominee for any position to be filled in a general election. (4) A certificate of nomination may not contain the name of more than one nominee for each office to be filled at the election. (c) Following the certification of the primary elections returns by the board responsible for the certification of the results of that election, that board shall issue a certificate of election to: (1) each candidate for delegate to a national party convention who is certified by the State Board to have been elected in accordance with the party’s rules; and (2) each candidate to a party central committee who is certified by the local board to have been elected to that position.

Md. Code, Election Law § 5-706

(a) This section does not apply to: (1) a candidate selected by a political party to fill a vacancy in nomination under Subtitle 9 or Subtitle 10 of this title; or (2) a candidate defeated in a presidential preference primary. (b) (1) Except as provided in subsection (c) of this section, the name of a candidate who is defeated for the nomination for a public office may not appear on the ballot at the next succeeding general election as a candidate for any office. (2) A candidate who is defeated for the nomination for a public office may not file a certificate of candidacy as a write–in candidate at the next succeeding general election as a candidate for any office. (c) The name of a candidate for the office of judge of the circuit court who is defeated in the primary election in each contest for the office of circuit court judge in which the candidate appears on the ballot may not appear on the ballot at the succeeding general election as a candidate for any office.

Md. Code, Election Law § 5-801

(a) A nominee may decline the nomination by filing a certificate of declination on the prescribed form. (b) The certificate of declination shall be under oath and filed: (1) with the board at which the certificate of candidacy was filed; and (2) (i) in the year of a gubernatorial election, by the first Tuesday in August immediately preceding the general election; or (ii) in the year of a presidential election, by the first Tuesday in August immediately preceding the general election. (c) If a certificate of declination is filed under this section: (1) the certificate of nomination to which the certificate of declination relates is void; (2) a vacancy in nomination is created to be filled in accordance with the provisions of Subtitle 10 of this title; (3) the name of the individual who declined the nomination may not appear on the ballot unless the individual is selected to fill that vacancy; and (4) the filing fee for the certificate of candidacy of that individual may not be refunded. (d) The name of each individual who does not decline a nomination shall appear on the general election ballot unless, by the 85th day preceding the general election, the individual’s death or disqualification is known to the board with which the certificate of candidacy was filed.

Md. Code, Election Law § 5-901

(a) This section does not apply to a vacancy in nomination in the office of a Governor and Lieutenant Governor unit. (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. (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. (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. (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. (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.

Md. Code, Election Law § 5-902

(a) If either of the candidates of a Governor and Lieutenant Governor unit dies, withdraws the candidacy, or becomes disqualified for any reason prior to the deadline for filing a certificate of candidacy for a primary election under § 5-303 of this title, the remaining candidate may: (1) designate a successor candidate who shall file a certificate of candidacy before the later of: (i) the deadline specified under § 5-303 of this title; or (ii) the fifth day following the death, withdrawal, or disqualification of the former candidate; (2) withdraw under Subtitle 5 of this title; or (3) after withdrawing under paragraph (2) of this subsection, form a successor unit for the candidacy for the offices of Governor and Lieutenant Governor by filing a certificate of candidacy by the date specified under subsection (b) of this section. (b) The candidates of the successor unit for Governor and Lieutenant Governor formed under subsection (a)(3) of this section each shall file a certificate of candidacy as a successor unit before the later of: (1) the deadline for filing a certificate of candidacy for the primary election under § 5-303 of this title; or (2) the fifth day following the death, withdrawal, or disqualification of the former candidate.

Md. Code, Election Law § 5-903

(a) (1) If a candidate for Lieutenant Governor dies, withdraws the candidacy, or becomes disqualified for any reason after the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining candidate for Governor of that unit may designate a successor candidate for Lieutenant Governor. (2) Provided the successor candidate for Lieutenant Governor files a certificate of candidacy in accordance with subsection (b) of this section, the name of the successor candidate for Lieutenant Governor shall appear on the ballot. (b) (1) The successor candidate for Lieutenant Governor designated by the candidate for Governor under subsection (a) of this section shall file a certificate of candidacy with the State Board. (2) The certificate of candidacy shall be filed: (i) by the fifth day following the withdrawal deadline specified under § 5–502 of this title, if the former Lieutenant Governor candidate files a certificate of withdrawal; or (ii) by the fifth day following the death or disqualification of the former Lieutenant Governor candidate, if that former candidate dies or is disqualified less than 70 days before the day of the primary election. (3) A certificate of candidacy for a successor candidate for Lieutenant Governor under subsection (b)(2)(ii) of this section may not be filed less than 65 days before the day of the primary election. (c) If the death or disqualification of a former Lieutenant Governor candidate occurs less than 65 days before the day of the primary election, the existing Governor and Lieutenant Governor unit whose filing is complete: (1) shall remain on the ballot; and (2) if nominated, a vacancy in the nomination of the candidate for Lieutenant Governor shall be declared and be filled under § 5–1005(b) of this title as if the death or disqualification had occurred after the primary election.

Md. Code, Election Law § 5-904

(a) This section does not apply if only one Governor and Lieutenant Governor unit files a certificate of candidacy for the nomination of a political party for those offices in a primary election. (b) (1) If a candidate for Governor dies, withdraws the candidacy, or becomes disqualified for any reason after the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining candidate for Lieutenant Governor of that unit may: (i) designate the Lieutenant Governor candidate as the successor candidate for Governor and appoint a successor candidate for Lieutenant Governor; or (ii) designate a successor candidate for Governor. (2) The names of any Governor and Lieutenant Governor candidate unit that is designated under paragraph (1) of this subsection shall be listed jointly on the primary election ballot. (c) (1) The successor candidate for Governor designated by the Lieutenant Governor candidate under subsection (b)(1)(ii) of this section, or the former candidate for Lieutenant Governor who subsequently is designated as the candidate for Governor together with the candidate appointed as the successor candidate for Lieutenant Governor under subsection (b)(1)(i) of this section, each shall file a certificate of candidacy with the State Board. (2) The certificate of candidacy shall be filed: (i) by the fifth day following the withdrawal deadline specified under § 5–502 of this title, if the former candidate for Governor files a certificate of withdrawal; or (ii) by the fifth day following the day of the death or disqualification of the former candidate for Governor, if that former candidate dies or is disqualified less than 70 days before the day of the primary election. (3) A certificate of candidacy may not be filed under paragraph (2)(ii) of this subsection less than 65 days before the day of the primary election. (d) If the death or disqualification of a former candidate for Governor occurs less than 65 days before the day of the primary election, the existing Governor and Lieutenant Governor unit whose filing is complete: (1) shall remain on the ballot; and (2) if nominated, a vacancy in the office of Governor shall be declared and filled under § 5–1005 of this title as if the death or disqualification had occurred after the primary election.

Md. Code, Election Law § 5-905

(a) If only a single Governor and Lieutenant Governor unit files for the nomination of a political party, and the candidate for Governor dies, withdraws the candidacy, or is disqualified for any reason after the filing deadline specified under § 5–303 of this title, the remaining candidate for Lieutenant Governor is disqualified. (b) (1) In the event of a vacancy in nomination under subsection (a) of this section, the State central committee of the political party to which the candidates belong shall select a successor candidate for Governor. (2) The State central committee shall make its selection by the 10th day following the death, withdrawal, or disqualification of the gubernatorial candidate. (3) The candidate disqualified for the office of Lieutenant Governor under subsection (a) of this section is eligible to be chosen as the successor candidate for Governor. (c) (1) The successor candidate for Governor selected by the State central committee under subsection (b) of this section promptly shall select a successor candidate for Lieutenant Governor. (2) If the former candidate for Lieutenant Governor is not selected as the successor candidate for Governor, that individual is eligible to be selected again as the candidate for Lieutenant Governor. (d) By the deadline date specified under subsection (b)(2) of this section for the selection of the successor candidate for Governor by the appropriate State central committee, in accordance with Subtitle 3 of this title: (1) the State central committee making the selection shall file a certificate of designation for those offices with the State Board for: (i) its successor candidate for Governor; and (ii) the successor candidate for Lieutenant Governor designated under subsection (c)(1) of this section; and (2) the successor candidates for Governor and Lieutenant Governor each shall file a certificate of candidacy for those offices with the State Board.

Md. Code, Election Law § 5-1001

(a) When a local board receives a certificate of designation and a certificate of candidacy to fill a vacancy in nomination under this subtitle, it shall notify the State Board of the change by the end of the next business day following the receipt of the certificates. (b) When the State Board is notified by a local board of a change in nomination under subsection (a) of this section or when a certificate of designation and a certificate of candidacy to fill a vacancy in nomination is filed directly with the State Board under this subtitle, the State Board shall: (1) certify the nomination and substitute, for the name of the original nominee, the name of the individual who has been designated and determined to be qualified to have that individual’s name placed on the ballot as a successor nominee; and (2) certify the new nomination to the appropriate local boards. (c) If the State Board has already issued a certificate of nomination for a nominee under this section, it promptly shall certify to the appropriate local boards: (1) the name and residence of the individual designated by the State central committee of the political party as the successor nominee to fill the vacancy; (2) the office for which the successor nominee is nominated; (3) the political party the successor nominee represents; and (4) the name of the individual for whom the successor nominee is substituted. (d) If a successor nominee to fill a vacancy in office is certified by the State Board under this section, the certificate of nomination for the prior nominee is void.

Md. Code, Election Law § 5-1002

(a) This section applies only to a nominee for statewide office, except for a Governor and Lieutenant Governor unit. (b) (1) (i) A vacancy in nomination that occurs because a nominee declines the nomination shall be filled by the State central committee of the political party to which the nominee belongs by the 88th day before the general election. (ii) A vacancy in nomination that occurs because a nominee dies or is disqualified for any cause shall be filled by the State central committee of the political party to which the nominee belongs by the 81st day before the general election. (2) (i) The State central committee shall file a certificate of designation for the nominee with the State Board. (ii) The successor nominee designated by the State central committee under subparagraph (i) of this paragraph shall file a certificate of candidacy with the State Board.

Md. Code, Election Law § 5-1003

(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. (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.

Md. Code, Election Law § 5-1004

(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. (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. (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. (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.

Md. Code, Election Law § 5-1005

(a) This section applies: (1) to the nominees of a Governor and Lieutenant Governor unit; and (2) whether or not a certificate of nomination has been issued to the nominees by the State Board. (b) (1) If, after the primary election, a candidate for Lieutenant Governor dies, declines the nomination, or becomes disqualified, the remaining nominee for Governor of that unit may designate a successor nominee for Lieutenant Governor. (2) By the fifth day following the day of the death, declination, or disqualification of the nominee for Lieutenant Governor: (i) the nominee for Governor shall designate the successor nominee for Lieutenant Governor and notify the State central committee of the applicable political party of the selection; (ii) the State central committee of the political party of the nominee shall file a certificate of designation with the State Board; and (iii) the successor nominee for Lieutenant Governor shall file a certificate of candidacy with the State Board. (c) (1) If a nominee for Governor dies, declines the nomination, or becomes disqualified after the primary election, the remaining nominee for Lieutenant Governor is disqualified, except as otherwise provided in this section. (2) (i) The State central committee of the political party of the nominee for Lieutenant Governor disqualified under paragraph (1) of this subsection shall select a successor nominee for Governor. (ii) The disqualified nominee for Lieutenant Governor is eligible to be chosen as the nominee for Governor. (3) (i) The successor nominee for Governor promptly shall select a successor nominee for Lieutenant Governor and notify the State central committee of the applicable political party of the selection. (ii) The disqualified nominee for Lieutenant Governor is eligible to be selected again as the nominee for Lieutenant Governor. (4) Except as provided under paragraph (5) of this subsection, by the fifth day following the death, declination, or disqualification of the former nominee for Governor: (i) the State central committee shall file a certificate of designation for the successor nominee for Governor and the successor nominee for Lieutenant Governor with the State Board; and (ii) each of the successor nominees shall file a certificate of candidacy with the State Board. (5) A State central committee may not file a certificate of designation for a successor nominee for Governor under this subsection within 65 days of the day of the general election. (6) A Governor and Lieutenant Governor unit shall remain on the ballot for the general election if: (i) a nominee for Governor dies, declines the nomination, or is disqualified less than 65 days before the general election; and (ii) a certificate of designation and certificates of candidacy for successor nominees for Governor and Lieutenant Governor are not filed in accordance with this section. (7) If a Governor and Lieutenant Governor unit comprised of a nominee for Governor who has died, declined the nomination, or become disqualified remains on the ballot as provided under paragraph (6) of this subsection, during the campaign period following the death, declination, or disqualification of the gubernatorial nominee until the general election, the Lieutenant Governor nominee officially becomes the gubernatorial nominee and may assert that status in the campaign. (8) If a Governor and Lieutenant Governor unit comprised of a nominee for Governor who has died, declined the nomination, or become disqualified remains on the ballot as provided under paragraph (6) of this subsection and is elected, the vacancy resulting from the death, declination, or disqualification shall be filled as if it had occurred after the general election in accordance with applicable law.

Md. Code, Election Law § 5-1101

(a) This section applies to petition candidates for the office of Governor and Lieutenant Governor. (b) (1) If either of the candidates of a Governor and Lieutenant Governor unit nominated by petition under § 5–703 of this title dies, withdraws a certificate of candidacy, or becomes disqualified prior to the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining candidate may: (i) select a successor candidate and: 1. file a certificate or designation with the State Board; and 2. have the individual designated file a certificate of candidacy with the State Board in accordance with paragraph (2) of this subsection; or (ii) withdraw the certificate of candidacy and form a new unit for Governor and Lieutenant Governor. (2) Each member of the successor unit for Governor and Lieutenant Governor formed under this section shall file a certificate of candidacy before the later of: (i) the deadline specified under § 5–303 of this title; or (ii) the fifth day following the death, withdrawal, or disqualification of the former nominee. (c) (1) Subject to paragraph (2) of this subsection, if either of the nominees of a Governor and Lieutenant Governor unit nominated by petition dies, withdraws a certificate of candidacy, or becomes disqualified after the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining nominee may: (i) designate another nominee as the successor nominee for the vacancy in nomination; or (ii) assume the vacancy in nomination of the prior nominee and designate another nominee for the position in the unit that formerly was held by the successor nominee who assumed the vacancy created by the death, withdrawal, or disqualification of the prior nominee. (2) (i) The successor nominees or the nominee who exercises the option to assume a position in the Governor and Lieutenant Governor unit previously held by a nominee who dies, withdraws a certificate of candidacy, or becomes disqualified shall file with the State Board either: 1. a certificate of candidacy, if no certificate was filed previously; or 2. a change of candidacy, if the nominee is a candidate for a different office as a part of the successor unit. (ii) The certificate of candidacy: 1. shall be filed by the fifth day following the death, withdrawal, or disqualification of a prior nominee after the deadline specified in paragraph (1) of this subsection; and 2. may not be filed within 65 days of the day of the general election. (d) If a nominee for Governor or Lieutenant Governor subject to this section dies, withdraws a certificate of candidacy, or becomes disqualified less than 69 days before the day of the general election and the certificate of candidacy required by subsection (b) of this section is not filed with the State Board, the unit: (1) shall remain on the ballot; and (2) if elected, the vacancy resulting from the death, declination, or disqualification shall be filled as if it had occurred after the general election, in accordance with this article or other applicable provisions of law. (e) (1) The certificate for nomination by petition for a nominee subject to this section shall be issued by the State Board under § 5–703 of this title. (2) No additional petitions are required if one of the members of the original Governor and Lieutenant Governor unit remains a nominee of the successor unit.

Md. Code, Election Law § 5-1201

(a) (1) Except as otherwise specifically provided in this title, if either nominee of a Governor and Lieutenant Governor unit dies, declines the nomination, or is disqualified, the remaining nominee shall cease to be a candidate if: (i) a successor nominee is not designated or selected under this subtitle; and (ii) the certificate of designation and certificate of candidacy required under this subtitle are not filed in a timely manner. (2) If a successor nominee for Governor or Lieutenant Governor is not designated or selected as required under this subtitle, the name of the remaining nominee may not appear on the ballot. (b) If an individual designated as a successor nominee for an office other than Governor or Lieutenant Governor does not file the certificate of candidacy required under this subtitle or otherwise fails to comply with the requirements of this title, the name of that individual may not appear on the ballot.

Md. Code, Election Law § 5-1202

An individual selected or designated to fill a vacancy in candidacy or nomination under this title shall: (1) file a certificate of candidacy with the appropriate board in accordance with Subtitle 3 of this title; and (2) unless exempted under this title, pay the filing fee specified under § 5-401 of this title.

Md. Code, Election Law § 5-1203

(a) At each general election, the names of the following nominees shall be submitted to the voters: (1) each candidate nominated under this title who has satisfied the requirements of this article or other provisions of law, provided the candidate has not: (i) declined the nomination; or (ii) died or become disqualified and the provisions of this article do not require that the name of the nominee nonetheless be submitted to the voters; (2) each nominee who has qualified for a presidential election under Title 8, Subtitle 5 of this article; and (3) each incumbent justice of the Supreme Court of Maryland or the Appellate Court of Maryland whose name is required to be submitted to the voters for continuance in office under Article IV, § 5A of the Maryland Constitution. (b) In accordance with Title 9, Subtitle 2 of this article, the State Board shall certify to each local board the name of each nominee who has qualified for the general election ballot as the nominee’s name is to appear on the ballots in that county.

Md. Code, Election Law § 5-1301

(a) Except for a candidate or nominee to fill a vacancy for the office of Governor or Lieutenant Governor, this subtitle applies to a candidate or nominee to fill a vacancy for any public office subject to this title. (b) A nominee to fill a vacancy for Governor or Lieutenant Governor is subject to the requirements of Subtitle 10 of this title.

Md. Code, Election Law § 5-1302

(a) A certificate of designation may not be filed later than 10 days before the day of the general election. (b) If the name of a nominee who has died, declined the nomination, or been disqualified appears on the ballot and receives a number of votes that would have been sufficient for election if the nominee had not died, declined, or been disqualified for the nomination, the vacancy thereby created shall be: (1) deemed to have occurred after the day of the general election; and (2) filled in accordance with this article or other provisions of law.

Md. Code, Election Law § 5-1303

(a) (1) If a nominee dies, declines the nomination, or is disqualified after the primary election but before a certificate of nomination is issued by the appropriate board with which candidates for that office must file a certificate of candidacy under § 5-302 of this title, the canvass and certification of the primary election results shall proceed as though the candidate had not died, declined the nomination, or been disqualified. (2) If, following the canvass and certification, the individual who is certified as the nominee has died, declined the nomination, or been disqualified, a successor nominee may be named in the manner provided by law. (b) (1) If a winning candidate dies, declines the office, or becomes disqualified after the general election but before the certification of the general election results, the canvass and certification shall proceed as though the candidate had not died, declined the office, or been disqualified. (2) If, following the canvass and certification of the general election results, the individual who is declared elected has died, declined the office, or been disqualified, the office shall be declared vacant and filled in the manner provided by law.

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