# Election Law (GEL)

## Title 5. Candidates

### Subtitle 10. Filling Vacancies in Nomination After a Primary Election

#### Section 5-1001

(a) When a local board receives a certificate of designation and a certificate of candidacy to fill a vacancy in nomination under this subtitle, it shall notify the State Board of the change by the end of the next business day following the receipt of the certificates.

(b) When the State Board is notified by a local board of a change in nomination under subsection (a) of this section or when a certificate of designation and a certificate of candidacy to fill a vacancy in nomination is filed directly with the State Board under this subtitle, the State Board shall:

  (1) certify the nomination and substitute, for the name of the original nominee, the name of the individual who has been designated and determined to be qualified to have that individual's name placed on the ballot as a successor nominee; and

  (2) certify the new nomination to the appropriate local boards.

(c) If the State Board has already issued a certificate of nomination for a nominee under this section, it promptly shall certify to the appropriate local boards:

  (1) the name and residence of the individual designated by the State central committee of the political party as the successor nominee to fill the vacancy;

  (2) the office for which the successor nominee is nominated;

  (3) the political party the successor nominee represents; and

  (4) the name of the individual for whom the successor nominee is substituted.

(d) If a successor nominee to fill a vacancy in office is certified by the State Board under this section, the certificate of nomination for the prior nominee is void.

#### Section 5-1002

(a) This section applies only to a nominee for statewide office, except for a Governor and Lieutenant Governor unit.

(b)

  (1)

    (i) A vacancy in nomination that occurs because a nominee declines the nomination shall be filled by the State central committee of the political party to which the nominee belongs by the 88th day before the general election.

    (ii) A vacancy in nomination that occurs because a nominee dies or is disqualified for any cause shall be filled by the State central committee of the political party to which the nominee belongs by the 81st day before the general election.

  (2)

    (i) The State central committee shall file a certificate of designation for the nominee with the State Board.

    (ii) The successor nominee designated by the State central committee under subparagraph (i) of this paragraph shall file a certificate of candidacy with the State Board.

#### Section 5-1003

(a) This section applies to a vacancy in nomination for Representative in Congress, State Senator, or member of the House of Delegates, if the district includes more than one county.

(b)

  (1) A vacancy in nomination under this section that occurs because the nominee dies, withdraws the candidacy, or is disqualified for any reason shall be filled by:

    (i) a vote of the central committees of the political party in each of the counties included in the district of that nominee; or

    (ii) a State central committee for a nonprincipal political party that does not have local central committees.

  (2) The central committee of each county shall cast a vote that is proportionate to its share of the total registered voters in that district as reported in the most recent statistical report by the State Board and promptly notify its State central committee of the results of its vote.

  (3)

    (i) If no person receives a majority of the votes cast under paragraph (2) of this subsection, or if there is a tie vote by the central committees, the vacancy in nomination shall be filled by the State central committee.

    (ii) In the event of a tie vote, the nominee selected by the State central committee shall be one of the candidates involved in the tie.

  (4) Following the declination of the nominee, by the 88th day before the general election:

    (i) the State central committee shall file a certificate of designation for the nominee with the State Board; and

    (ii) the successor nominee designated by the State central committee under item (i) of this paragraph shall file a certificate of candidacy with the State Board.

  (5) Following the death or disqualification of the nominee, by the 81st day before the general election:

    (i) the State central committee shall file a certificate of designation for the nominee with the State Board; and

    (ii) the successor nominee designated by the State central committee under item (i) of this paragraph shall file a certificate of candidacy with the State Board.

#### Section 5-1004

(a) A vacancy in nomination for an office that is entirely in one county shall be filled by:

  (1) a central committee in that county as provided in this section; or

  (2) a State central committee for a nonprincipal political party that does not have a local central committee.

(b)

  (1) If a nominee for an office that is entirely in one county declines the nomination or gains a tie vote with another candidate in a primary election, the vacancy in nomination shall be filled by the 88th day before the general election.

  (2) If a nominee for an office that is entirely in one county dies or becomes disqualified, the vacancy in nomination shall be filled by the 81st day before the general election.

(c)

  (1) The vacancy shall be filled by the central committee of the same political party as the individual vacating the nomination.

  (2) If the office is to be voted on by the voters of the entire county, the vacancy shall be filled by the central committee of that county.

  (3) If the office is voted on only by the voters of one legislative district and the central committee is elected by legislative district, the vacancy shall be filled by the members of the central committee of that legislative district.

  (4) If the office is for Representative in Congress and is a district that is wholly within one county, the vacancy shall be filled by the central committee for that county.

  (5) By the deadline prescribed in subsection (b) of this section:

    (i) the applicable central committee shall file a certificate of designation with the applicable board; and

    (ii) the successor nominee designated by the applicable central committee under item (i) of this paragraph shall file a certificate of candidacy with the applicable board.

(d) If the vacancy results because of a tie vote between two or more candidates, the nominee selected by the central committee under this section shall be one of those candidates.

#### Section 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 65 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 65 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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Md. Code Ann., Election Law (as displayed at mgaleg.maryland.gov, October 16, 2026)