<section article="gel" article_name="Election Law" number="4-101" title_number="4" title_name="Political Parties" subtitle_number="1" subtitle_name="Formation of Political Parties"> <text>Except as to a matter of compelling State interest, if any provision of this title relating to party governance conflicts with the constitution and bylaws of a political party, the constitution and bylaws shall apply to the extent of the conflict.</text> </section> <section article="gel" article_name="Election Law" number="4-102" title_number="4" title_name="Political Parties" subtitle_number="1" subtitle_name="Formation of Political Parties"> <level label="a"> <text>Any group of registered voters may form a new political party by:</text> <level label="1"> <text>filing with the State Board on the prescribed form a petition meeting the requirements of subsection (b) of this section and of Title 6 of this article; and</text> </level> <level label="2"> <text>adopting and filing an interim constitution and bylaws in accordance with subsection (e) of this section.</text> </level> </level> <level label="b"> <level label="1"> <text>The petition shall state:</text> <level label="i"> <text>the partisan organization’s intent to organize a State political party;</text> </level> <level label="ii"> <text>the name of the partisan organization;</text> </level> <level label="iii"> <text>the name and signature of the State chairman of the partisan organization; and</text> </level> <level label="iv"> <text>the names and addresses of 25 registered voters, including the State chairman, who shall be designated as constituting the initial governing body of the partisan organization.</text> </level> </level> <level label="2"> <level label="i"> <text>Appended to the petition shall be papers bearing the signatures of at least 10,000 registered voters who are eligible to vote in the State as of the first day of the month in which the petition is submitted.</text> </level> <level label="ii"> <text>Signatures on the petition must have been affixed to the petition not more than 2 years before the filing date of the last qualifying signature.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a petition for the formation of a new political party, or any additional signatures to a petition, may be filed at any time.</text> </level> <level label="2"> <text>A petition for the formation of a new political party, or any additional signatures to a petition, may be filed:</text> <level label="i"> <text>in the year of an election at which the President is elected except:</text> <level label="1"> <text>during the period of time that registration is closed before and after a primary election in accordance with § 3–302(a) of this article; and</text> </level> <level label="2"> <text>after the first Monday in July until registration reopens after the general election in accordance with § 3–302(a) of this article;</text> </level> </level> <level label="ii"> <text>in the year of an election at which the Governor is elected, except after the first Monday in July until registration reopens after the general election in accordance with § 3–302(a) of this article; or</text> </level> <level label="iii"> <text>when a special primary election and a special election are proclaimed by the Governor in accordance with § 8–710 of this article except:</text> <level label="1"> <text>after the fifth Monday before the special primary election through the tenth day following the special primary election; and</text> </level> <level label="2"> <text>after the fifth Monday before the special election through the fifteenth day following the special election.</text> </level> </level> </level> <level label="3"> <text>If an official determination has been made that a petition for the formation of a new political party fails to meet the requirements of subsection (b) of this section or Title 6 of this article, the signatures submitted with the petition may not be resubmitted with a subsequent petition.</text> </level> </level> <level label="d"> <level label="1"> <level label="i"> <text>If the petition is certified under Title 6 of this article, the State Board shall promptly notify the State chairman of the partisan organization.</text> </level> <level label="ii"> <text>Upon the filing of a constitution and bylaws with the State Board by a partisan organization in accordance with subsection (e) of this section, the State Board shall:</text> <level label="1"> <text>review the constitution and bylaws to determine whether the constitution and bylaws meet the requirements of subsection (e) of this section; and</text> </level> <level label="2"> <text>if the constitution and bylaws meet the requirements of subsection (e) of this section, promptly notify the partisan organization designated in the petition that it is considered a State political party for the purposes of this article.</text> </level> </level> </level> <level label="2"> <text>If the petition does not meet the requirements of this section and of Title 6 of this article:</text> <level label="i"> <text>the State Board shall declare the petition insufficient;</text> </level> <level label="ii"> <text>the partisan organization is not a State political party for the purposes of this article; and</text> </level> <level label="iii"> <text>the State Board shall promptly notify the State chairman of the partisan organization.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>The constitution and bylaws of a new political party shall:</text> <level label="i"> <text>comply with the requirements of § 4–204 of this title; and</text> </level> <level label="ii"> <text>be adopted by the individuals designated in the petition as the initial governing body at an organizational meeting held within 90 days after the date of the filing of the last qualifying signature on its petition.</text> </level> </level> <level label="2"> <text>The individual designated in the petition as the State chairman of the political party shall convene the organizational meeting under paragraph (1)(ii) of this subsection and shall preside as president pro tem of the meeting until party officers are elected.</text> </level> </level> <level label="f"> <level label="1"> <text>Unless a new political party is required to hold a primary election to nominate its candidates under Title 8 of this article, the new political party may nominate its candidates in accordance with the constitution and bylaws adopted by the political party and submitted to the State Board.</text> </level> <level label="2"> <text>The candidates nominated by the new political party shall:</text> <level label="i"> <text>file a certificate of candidacy no later than 5 p.m. on the first Monday in August in the year of the general election for the office;</text> </level> <level label="ii"> <text>comply with the requirements for a certificate of candidacy under Title 5, Subtitle 3 of this article; and</text> </level> <level label="iii"> <text>file with the appropriate board, on a form the State Board prescribes, a certificate of nomination signed by the officers of the new political party.</text> </level> </level> </level> </section> <section article="gel" article_name="Election Law" number="4-103" title_number="4" title_name="Political Parties" subtitle_number="1" subtitle_name="Formation of Political Parties"> <level label="a"> <level label="1"> <text>Unless extended pursuant to paragraph (2) of this subsection, a new political party shall retain its status as a political party until December 31 in the year of the second statewide general election following the party’s qualification under § 4-102 of this subtitle.</text> </level> <level label="2"> <text>The political party shall retain its status as a political party through either of the following:</text> <level label="i"> <text>if the political party has nominated a candidate for the highest office on the ballot in a statewide general election, and the candidate receives at least 1% of the total vote for that office, the political party shall retain its status through December 31 in the year of the next following general election; or</text> </level> <level label="ii"> <text>if the State voter registration totals, as of December 31, show that at least 1% of the State’s registered voters are affiliated with the political party, the political party shall retain its status until the next following December 31.</text> </level> </level> </level> <level label="b"> <text>The State Board shall promptly notify the State chairman of a group that loses its status as a political party.</text> </level> <level label="c"> <text>A group that loses its status as a political party may regain that status only by complying with all the requirements for qualifying as a new party under § 4-102 of this subtitle.</text> </level> </section> <section article="gel" article_name="Election Law" number="4-201" title_number="4" title_name="Political Parties" subtitle_number="2" subtitle_name="Political Party Governing Bodies"> <level label="a"> <text>Each political party shall have a State central committee that:</text> <level label="1"> <text>is the governing body of the political party; and</text> </level> <level label="2"> <text>may be composed of the members of the central committees of the counties during their terms in office.</text> </level> </level> <level label="b"> <level label="1"> <text>A party’s State central committee shall select the chair or cochairs of the party State central committee.</text> </level> <level label="2"> <text>The chair or cochairs shall be residents of the State during their tenure in office.</text> </level> </level> <level label="c"> <text>A party’s State central committee shall determine its own rules of procedure, not inconsistent with the provisions of this article.</text> </level> </section> <section article="gel" article_name="Election Law" number="4-202" title_number="4" title_name="Political Parties" subtitle_number="2" subtitle_name="Political Party Governing Bodies"> <level label="a"> <level label="1"> <text>A principal political party shall elect the members of the county central committee at a primary election.</text> </level> <level label="2"> <text>Except as otherwise provided in this section or § 4–203 of this subtitle, the central committee for a county shall consist of the number of members determined by the party’s constitution.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the party central committee for each county shall select the chairman of that county’s party central committee.</text> </level> <level label="2"> <text>In Baltimore County, the Chairman of the Republican Party Central Committee shall be elected by the members of the central committee from among its members and in accordance with its bylaws.</text> </level> </level> <level label="c"> <level label="1"> <text>An individual elected to serve as a member of a party central committee shall be a resident of the county in which that central committee is located.</text> </level> <level label="2"> <level label="i"> <text>An individual elected from a county who ceases to reside in that county shall be considered to have resigned and may not continue to serve on the central committee.</text> </level> <level label="ii"> <text>An individual elected from a specific legislative district who ceases to reside in that district shall be considered to have resigned and may not continue to serve on the central committee.</text> </level> </level> </level> <level label="d"> <level label="1"> <level label="i"> <text>An individual selected to fill a vacancy in a party central committee shall be a resident of the county in which that central committee is located.</text> </level> <level label="ii"> <text>An individual selected to fill a vacancy of a member elected from a specific legislative district in a party central committee shall be a resident of that legislative district.</text> </level> </level> <level label="2"> <text>Upon relinquishing residency in the county or legislative district in which a member of a party central committee was selected to fill a vacancy, the member shall be considered to have resigned.</text> </level> </level> <level label="e"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a vacancy in the party central committee for a county, or for a legislative district of Baltimore City, Anne Arundel County, or Baltimore County, shall be filled by the remaining members of the committee elected from that county or legislative district.</text> </level> <level label="2"> <text>If a political party does not have county central committees or central committees for legislative districts, vacancies shall be filled in accordance with party rules.</text> </level> </level> <level label="f"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the tenure in office of a member of the central committee of any political party shall:</text> <level label="i"> <text>begin at the time the results of that election are certified; and</text> </level> <level label="ii"> <text>continue to the extent of any extension in time between primary elections by reason of any change in the date of holding primary elections by a political party in the State.</text> </level> </level> <level label="2"> <text>The tenure in office of a member of the Republican Party Central Committee shall begin on the 14th day following the gubernatorial general election.</text> </level> <level label="3"> <text>For purposes of this subsection, upon relinquishing residency in the county, a member of a party central committee shall be considered to have resigned.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="4-203" title_number="4" title_name="Political Parties" subtitle_number="2" subtitle_name="Political Party Governing Bodies"> <level label="a"> <level label="1"> <text>In Anne Arundel County, the members of the Democratic Party Central Committee for the county shall be elected as follows:</text> <level label="i"> <text>three members shall be elected from each legislative district wholly contained within Anne Arundel County; and</text> </level> <level label="ii"> <text>one member shall be elected from that portion within Anne Arundel County of any legislative district that is partially contained within Anne Arundel County.</text> </level> </level> <level label="2"> <text>For the Anne Arundel County Republican Party Central Committee:</text> <level label="i"> <text>two members shall be elected from each councilmanic district of Anne Arundel County; and</text> </level> <level label="ii"> <text>one member shall be elected from Anne Arundel County at large.</text> </level> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>In Baltimore City, the Democratic Party Central Committee consists of seven members elected from each of the six legislative districts of Baltimore City.</text> </level> <level label="ii"> <text>Each member shall reside in, and be elected by the voters of, the legislative district that the member represents.</text> </level> </level> <level label="2"> <level label="i"> <text>The members of the Republican Party Central Committee shall be elected from each councilmanic district of Baltimore City.</text> </level> <level label="ii"> <text>Two members shall be elected from each councilmanic district.</text> </level> <level label="iii"> <text>An individual appointed to fill a vacancy of a member of the Republican Party Central Committee may reside anywhere in Baltimore City.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>In Baltimore County, the Republican Party Central Committee shall consist of three members elected from each councilmanic district in the county.</text> </level> <level label="2"> <text>For the Baltimore County Democratic Party Central Committee:</text> <level label="i"> <text>10 members, two from each district, shall be elected from legislative districts 11A, 42A, 42B, 43B, and 44A, each district being located wholly in Baltimore County;</text> </level> <level label="ii"> <text>12 members, four from each district, shall be elected from legislative districts 7A, 11B, and 44B, each district being located wholly in Baltimore County; and</text> </level> <level label="iii"> <text>18 members, six from each district, shall be elected from legislative districts 6, 8, and 10, each district being located wholly in Baltimore County.</text> </level> </level> <level label="3"> <text>Only individuals affiliated with the Democratic Party and who are registered to vote in Baltimore County may vote for the election of members to the Baltimore County Democratic Party Central Committee under this section.</text> </level> <level label="4"> <text>The number of Democratic Party Central Committee members to be elected from each legislative district, or portion of legislative district, in Baltimore County shall be determined upon completion of each legislative districting.</text> </level> </level> <level label="d"> <text>In Calvert County, the Democratic Party Central Committee consists of nine members elected by the voters of the county at large as follows:</text> <level label="1"> <text>two members who reside in the first election district and receive the largest number of votes cast for candidates from that district;</text> </level> <level label="2"> <text>two members who reside in the second election district and receive the largest number of votes cast for candidates from that district;</text> </level> <level label="3"> <text>two members who reside in the third election district and receive the largest number of votes cast for candidates from that district; and</text> </level> <level label="4"> <text>three members who reside in Calvert County and who receive the highest number of votes cast in Calvert County for the remaining candidates.</text> </level> </level> <level label="e"> <text>In Carroll County, the Republican Party Central Committee shall consist of nine members elected at large.</text> </level> <level label="f"> <level label="1"> <text>In Montgomery County, for the Democratic Party Central Committee:</text> <level label="i"> <text>two members are elected from each of the legislative districts that lie wholly within Montgomery County;</text> </level> <level label="ii"> <text>one member is elected from the Montgomery County part of each legislative district that is partially within Montgomery County; and</text> </level> <level label="iii"> <text>members shall be elected at large equal to the number of legislative districts that lie wholly within Montgomery County, except that not more than two members at large may reside in the same legislative district.</text> </level> </level> <level label="2"> <text>Any vacancy in a seat on the Democratic Party Central Committee held initially by a member elected from a legislative district shall be filled by a person residing in that district.</text> </level> <level label="3"> <text>Any reference to the Democratic Party Central Committee for Montgomery County or any portion of it means the entire membership of the Montgomery County Democratic Party Central Committee, and in no event do the members of the Central Committee elected from a district comprise a separate central committee.</text> </level> </level> <level label="g"> <level label="1"> <level label="i"> <text>In Prince George’s County, members of the Republican Party Central Committee:</text> <level label="1"> <text>may run at large to fill historically vacant seats; and</text> </level> <level label="2"> <text>unless a member runs at large under item 1 of this subparagraph, shall be elected from within legislative districts of Prince George’s County or within that portion of any legislative district lying within Prince George’s County.</text> </level> </level> <level label="ii"> <text>The number of members of the Republican Party Central Committee shall, to the extent practicable, consist of two members from each of the eight legislative districts lying within Prince George’s County.</text> </level> </level> <level label="2"> <level label="i"> <text>In Prince George’s County, the Democratic Party Central Committee consists of 24 members.</text> </level> <level label="ii"> <level label="1"> <text>Two members shall reside in and be elected by the eligible voters of each of the eight legislative districts lying within Prince George’s County.</text> </level> <level label="2"> <text>At least one member shall reside in each single–member or two–member delegate district of any district in which there are such districts.</text> </level> </level> <level label="iii"> <text>In addition to the members of the committee elected from legislative districts, eight members of the committee shall be elected by all the eligible voters in the county, and at the time of election, each member shall reside in a different one of the eight legislative districts within Prince George’s County.</text> </level> <level label="iv"> <text>A candidate for election to the Democratic Party Central Committee shall declare at the time of filing for candidacy which seat on the Central Committee the candidate is seeking.</text> </level> <level label="v"> <text>If a member who was elected from a specific legislative district ceases to reside in that district, the member may not continue to serve on the Central Committee.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>In Worcester County, the Democratic Party Central Committee consists of 11 members as follows:</text> <level label="i"> <text>seven members who shall reside in and be elected, respectively, by the eligible voters of each of the seven county commissioner districts; and</text> </level> <level label="ii"> <text>four members who shall reside in Worcester County, be elected at large by the eligible voters of the entire county, and receive the highest number of votes cast for candidates in the at large election.</text> </level> </level> <level label="2"> <level label="i"> <text>A candidate for election to the Democratic Party Central Committee shall declare at the time of filing a certificate of candidacy which seat the candidate is seeking.</text> </level> <level label="ii"> <text>A member elected to represent a specific county commissioner district who ceases to reside in that district may not continue to serve on the Central Committee.</text> </level> </level> <level label="3"> <text>Any vacancy in a seat on the Central Committee held by an individual elected from a county commissioner district shall be filled by an individual who resides in that district.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="4-204" title_number="4" title_name="Political Parties" subtitle_number="2" subtitle_name="Political Party Governing Bodies"> <level label="a"> <text>Except as otherwise provided in this article, each political party shall adopt and be governed by a constitution and all bylaws and rules adopted in accordance with the constitution.</text> </level> <level label="b"> <level label="1"> <text>The constitution and bylaws of each political party shall provide:</text> <level label="i"> <text>for such matters as in its opinion are necessary for the proper conduct of party affairs;</text> </level> <level label="ii"> <text>for the selection of a State governing body;</text> </level> <level label="iii"> <text>for the calling of regular meetings, advance notification of meetings, and special notice for special meetings;</text> </level> <level label="iv"> <text>for the establishment of a quorum;</text> </level> <level label="v"> <text>a method of amending the political party’s constitution and bylaws;</text> </level> <level label="vi"> <text>procedures for filling a vacancy in a nomination for public office;</text> </level> <level label="vii"> <text>for a principal political party, for the convening of a meeting of the central committee within 45 days after the primary election in each gubernatorial election year;</text> </level> <level label="viii"> <text>for a political party that is not a principal political party, procedures for selecting nominees for a public office; and</text> </level> <level label="ix"> <text>for the adoption of rules governing the political party.</text> </level> </level> <level label="2"> <text>The Republican Party State Central Committee may adopt provisions in its constitution and bylaws providing for the removal of members of the Republican State Central Committee who fail to discharge the minimum responsibilities of a State central committee member.</text> </level> </level> <level label="c"> <level label="1"> <text>In accordance with the constitution and bylaws of a principal political party, the central committee of that party for each county shall adopt a constitution, bylaws, and rules.</text> </level> <level label="2"> <text>Until a central committee adopts a constitution, bylaws, and rules, the central committee shall be governed by the State central committee.</text> </level> </level> <level label="d"> <level label="1"> <text>Within 30 days after the adoption or amendment by a political party of a constitution, bylaw, or rule, the political party shall file a copy of the constitution, bylaw, or rule with the State Board.</text> </level> <level label="2"> <text>Within 30 days after the adoption or amendment by a central committee of any county of a constitution, bylaw, or rule, the local central committee shall file a copy of the constitution, bylaw, or rule with the State central committee and the State Board.</text> </level> </level> <level label="e"> <level label="1"> <text>The constitution and bylaws adopted by a new political party shall conform to the requirements of subsections (a), (b), and (c)(1) of this section.</text> </level> <level label="2"> <text>If a new political party decides to form local central committees, the political party shall notify the State Board of the number and size of the local central committees within 6 months after the date the State Board notified the political party that it is considered a State political party.</text> </level> </level> </section> <section article="gel" article_name="Election Law" number="4-205" title_number="4" title_name="Political Parties" subtitle_number="2" subtitle_name="Political Party Governing Bodies"> <level label="a"> <text>A political party in the State may not incorporate under the general laws of the State providing for the formation of a corporation.</text> </level> <level label="b"> <text>Unless it is the party State central committee, an organization may not represent that it is the official organization or governing body of any political party.</text> </level> <level label="c"> <text>A person who violates this section shall be guilty of a misdemeanor and shall be subject to the penalties provided in Title 16 of this article.</text> </level> </section>