Maryland Election Law Section 5-1004

Article - Election Law

§ 5-1004.

      (a)      A vacancy in nomination for an office that is entirely in one county shall be filled by a central committee in that county as provided in this section.

      (b)      If a nominee for an office that is entirely in one county dies, declines the nomination, becomes disqualified, or gains a tie vote with another candidate in a primary election, the vacancy in nomination shall be filled by the later of:

            (1)      the 40th day before the general election; or

            (2)      the fifth day following the death, declination, or disqualification of the nominee.

      (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 local board; and

                  (ii)      the successor nominee designated by the applicable central committee under subparagraph (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.



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