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<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>
