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Statutes Text

Article - 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 10 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 15 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.



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