2010 Maryland Code
ELECTION LAW
TITLE 5 - CANDIDATES
Subtitle 3 - Certificate of Candidacy
Section 5-301 - In general.

§ 5-301. In general.
 

(a)  In general.- 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)  Determination by State Board or local board.- 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)  Listing of name on ballot.-  

(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)  Petition candidates.- A candidate who seeks nomination by petition shall file a certificate of candidacy as provided in § 5-703 of this title. 

(e)  Write-in candidates.- A write-in candidate shall file a certificate of candidacy as provided under this subtitle. 

(f)  Exception for appellate judges.-  

(1) (i) On or before August 31 in the year in which a judge of the Court of Appeals must stand for continuance in office, the Clerk of the Court of Appeals shall provide written notice to the State Board of the name of the judge 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 judge's continuance in office. 

(ii) On or before August 31 in the year in which a judge of the Court of Special Appeals must stand for continuance in office, the Clerk of the Court of Special Appeals shall provide written notice to the State Board of the name of the judge 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 judge's continuance in office; or 

2. a statement that the voters of the entire State may cast a vote for the judge's continuance in office. 

(2) An incumbent judge of the Court of Appeals or Court of Special Appeals is not required to file a certificate of candidacy for an election for continuance in office. 

(g)  Exception for candidates nominated by national party presidential nominating convention.-  

(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. 

(h)  Written notice.-  

(1) On or before August 31 in the year in which a member of the Anne Arundel County Board of Education must stand for continuance in office, the Anne Arundel County Board of Education shall provide written notice to the State Board of the name of the member that is to be placed on the ballot at the next succeeding general election. 

(2) An incumbent member of the Anne Arundel County Board of Education is not required to file a certificate of candidacy for an election for continuance in office. 
 

[An. Code 1957, art. 33, § 5-301; 2002, ch. 291, §§ 2, 4; 2003, ch. 222; 2007, ch. 454.]