2018 Maryland Code
Election Law
Title 8 - Elections
Subtitle 7 - Representatives in Congress
§ 8-710. Congressional vacancy -- Governor's proclamation

  • (a) Effect of vacancy. --

    • (1) Except as provided in paragraph (2) of this subsection, if there is a vacancy in the office of Representative in Congress, the Governor shall issue a proclamation, within 10 days after the date that the vacancy occurs or becomes known to the Governor, declaring that a special primary election and a special general election shall be held to fill the vacancy.

    • (2) If the vacancy occurs during the period beginning 60 days before the regular primary election and ending on the last day of the term, the Governor may:

      • (i) decline to issue a proclamation; and

      • (ii) allow the office to remain vacant for the remainder of the term.

  • (b) Governor's proclamation. --

    • (1) The Governor's proclamation shall specify the dates of the special primary election and the special general election.

    • (2) The special primary election shall be held on a Tuesday that is at least 65 days after the date of the proclamation.

    • (3) The special general election shall be held on a Tuesday that is at least 65 days after the date of the special primary election.

  • (c) Notice and delivery of proclamation. --

    • (1) The Governor shall:

      • (i) immediately give public notice of the proclamation; and

      • (ii) deliver the proclamation to the State Administrator.

    • (2) The State Administrator shall:

      • (i) immediately notify the State Board members and the local boards of the counties that comprise the congressional district;

      • (ii) forward to each of those local boards a copy of the proclamation; and

      • (iii) direct the local boards of election to make the absentee ballot for the special primary election or special general election available to an absent uniformed services voter or overseas voter, as defined under the Uniformed and Overseas Citizens Absentee Voting Act, at least 45 days before the date of the special election.

  • (d) Special primary and regular primary combined. --

    • (1) Notwithstanding any other provision of this section, if the vacancy occurs or becomes known to the Governor during the period beginning 120 days before the regular primary election for Representatives in Congress and ending 40 days before the primary election, the Governor's proclamation shall order that:

      • (i) the special primary election shall be merged with the regular primary election;

      • (ii) any individual who files a certificate of candidacy for the regular primary election shall be deemed to have filed a certificate of candidacy for the special primary election; and

      • (iii) any other qualified individual may file a certificate of candidacy, for both the special primary election and the regular primary election, not later than 9 p.m. on the day that is 2 days after the issuance of the proclamation.

    • (2) A vote cast for a candidate in the merged primary election shall be deemed a vote for that candidate in both the special primary election and the regular primary election.

    • (3) Two certificates of nomination, one for the special primary election and one for the regular primary election, shall be issued to each candidate nominated in the merged primary election.

    • (4) Notwithstanding any provision of this article:

      • (i) a nominee for the special primary election may decline the nomination by notifying the State Board not later than 5 p.m. on the Wednesday following the primary election;

      • (ii) the appropriate political party shall fill the vacancy in nomination not later than 5 p.m. on the Thursday following the primary election; and

      • (iii) a petition for recount and recanvass of the special primary election shall be filed not later than 5 p.m. on the Wednesday following the primary election.

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