# Election Law (GEL)

## Title 5. Candidates

### Subtitle 13. Late Vacancies Before the General Election

#### Section 5-1301

(a) Except for a candidate or nominee to fill a vacancy for the office of Governor or Lieutenant Governor, this subtitle applies to a candidate or nominee to fill a vacancy for any public office subject to this title.

(b) A nominee to fill a vacancy for Governor or Lieutenant Governor is subject to the requirements of Subtitle 10 of this title.

#### Section 5-1302

(a) A certificate of designation may not be filed later than 10 days before the day of the general election.

(b) If the name of a nominee who has died, declined the nomination, or been disqualified appears on the ballot and receives a number of votes that would have been sufficient for election if the nominee had not died, declined, or been disqualified for the nomination, the vacancy thereby created shall be:

  (1) deemed to have occurred after the day of the general election; and

  (2) filled in accordance with this article or other provisions of law.

#### Section 5-1303

(a)

  (1) If a nominee dies, declines the nomination, or is disqualified after the primary election but before a certificate of nomination is issued by the appropriate board with which candidates for that office must file a certificate of candidacy under Sec. 5-302 of this title, the canvass and certification of the primary election results shall proceed as though the candidate had not died, declined the nomination, or been disqualified.

  (2) If, following the canvass and certification, the individual who is certified as the nominee has died, declined the nomination, or been disqualified, a successor nominee may be named in the manner provided by law.

(b)

  (1) If a winning candidate dies, declines the office, or becomes disqualified after the general election but before the certification of the general election results, the canvass and certification shall proceed as though the candidate had not died, declined the office, or been disqualified.

  (2) If, following the canvass and certification of the general election results, the individual who is declared elected has died, declined the office, or been disqualified, the office shall be declared vacant and filled in the manner provided by law.

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