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Statutes Text

Article - 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 10 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 15 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.



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