# Election Law (GEL)

## Title 5. Candidates

### Subtitle 9. Vacancies in Candidacy Occurring Before a Primary Election

#### Section 5-901

(a) This section does not apply to a vacancy in nomination in the office of a Governor and Lieutenant Governor unit.

(b) This section applies to a vacancy in candidacy for a primary election that occurs because:

  (1) of the death, disqualification, or withdrawal of an unopposed candidate; or

  (2) no candidate for the political party files a certificate of candidacy for the election.

(c)

  (1) Except for a vacancy in candidacy for the election of a member of the Senate of Maryland or the House of Delegates as provided in paragraph (2) of this subsection, the vacancy in candidacy for a political party that is entitled to have a candidate on the ballot for an office elected by the voters of more than one county shall be filled by the State central committee or governing body of that political party.

  (2)

    (i) In a State legislative district or a State delegate district comprising more than one county, a vacancy in candidacy for a political party that is entitled to have a candidate on the ballot shall be filled by a vote of the central committee in the counties in the district.

    (ii) In filling the vacancy in candidacy under subparagraph (i) of this paragraph, the central committee of each county where the vacancy occurs shall cast a vote proportionate to its share of the total registered voters of the district as reported in the most recent statistical report by the State Board.

    (iii) If no person receives a majority of the votes cast under subparagraph (ii) of this paragraph, or if there is a tie vote by the central committees, the vacancy in candidacy shall be filled by the State central committee of the political party.

(d) For any public or party office not described in subsection (c) of this section, a vacancy in candidacy under this section shall be filled by the central committee of the political party in the county in which the office is located.

(e)

  (1) A central committee authorized to fill a vacancy in candidacy for an office under this section because of the withdrawal of an unopposed candidate or because no candidate filed for the office shall file a certificate of designation of candidacy with the appropriate board designated to receive the certificate of candidacy for that office 4 days after the withdrawal date provided in Sec. 5-502 of this title.

  (2) A central committee authorized to fill a vacancy in candidacy for an office under this section because of the death or disqualification of an unopposed candidate shall file a certificate of designation with the appropriate board designated to receive the certificate of candidacy for that office 4 days after the death or disqualification becomes known to the applicable board in accordance with Sec. 5-504 of this title.

(f) The individual designated by a central committee under subsection (e) of this section to fill a vacancy shall file a certificate of candidacy in accordance with Subtitle 3 of this title with the appropriate board by the date specified for the applicable central committee to file a certificate of designation under subsection (e) of this section.

#### Section 5-902

(a) If either of the candidates of a Governor and Lieutenant Governor unit dies, withdraws the candidacy, or becomes disqualified for any reason prior to the deadline for filing a certificate of candidacy for a primary election under Sec. 5-303 of this title, the remaining candidate may:

  (1) designate a successor candidate who shall file a certificate of candidacy before the later of:

    (i) the deadline specified under Sec. 5-303 of this title; or

    (ii) the fifth day following the death, withdrawal, or disqualification of the former candidate;

  (2) withdraw under Subtitle 5 of this title; or

  (3) after withdrawing under paragraph (2) of this subsection, form a successor unit for the candidacy for the offices of Governor and Lieutenant Governor by filing a certificate of candidacy by the date specified under subsection (b) of this section.

(b) The candidates of the successor unit for Governor and Lieutenant Governor formed under subsection (a)(3) of this section each shall file a certificate of candidacy as a successor unit before the later of:

  (1) the deadline for filing a certificate of candidacy for the primary election under Sec. 5-303 of this title; or

  (2) the fifth day following the death, withdrawal, or disqualification of the former candidate.

#### Section 5-903

(a)

  (1) If a candidate for Lieutenant Governor dies, withdraws the candidacy, or becomes disqualified for any reason after the deadline for filing a certificate of candidacy for a primary election under Sec. 5-303 of this title, the remaining candidate for Governor of that unit may designate a successor candidate for Lieutenant Governor.

  (2) Provided the successor candidate for Lieutenant Governor files a certificate of candidacy in accordance with subsection (b) of this section, the name of the successor candidate for Lieutenant Governor shall appear on the ballot.

(b)

  (1) The successor candidate for Lieutenant Governor designated by the candidate for Governor under subsection (a) of this section shall file a certificate of candidacy with the State Board.

  (2) The certificate of candidacy shall be filed:

    (i) by the fifth day following the withdrawal deadline specified under Sec. 5-502 of this title, if the former Lieutenant Governor candidate files a certificate of withdrawal; or

    (ii) by the fifth day following the death or disqualification of the former Lieutenant Governor candidate, if that former candidate dies or is disqualified less than 70 days before the day of the primary election.

  (3) A certificate of candidacy for a successor candidate for Lieutenant Governor under subsection (b)(2)(ii) of this section may not be filed less than 65 days before the day of the primary election.

(c) If the death or disqualification of a former Lieutenant Governor candidate occurs less than 65 days before the day of the primary election, the existing Governor and Lieutenant Governor unit whose filing is complete:

  (1) shall remain on the ballot; and

  (2) if nominated, a vacancy in the nomination of the candidate for Lieutenant Governor shall be declared and be filled under Sec. 5-1005(b) of this title as if the death or disqualification had occurred after the primary election.

#### Section 5-904

(a) This section does not apply if only one Governor and Lieutenant Governor unit files a certificate of candidacy for the nomination of a political party for those offices in a primary election.

(b)

  (1) If a candidate for Governor dies, withdraws the candidacy, or becomes disqualified for any reason after the deadline for filing a certificate of candidacy for a primary election under Sec. 5-303 of this title, the remaining candidate for Lieutenant Governor of that unit may:

    (i) designate the Lieutenant Governor candidate as the successor candidate for Governor and appoint a successor candidate for Lieutenant Governor; or

    (ii) designate a successor candidate for Governor.

  (2) The names of any Governor and Lieutenant Governor candidate unit that is designated under paragraph (1) of this subsection shall be listed jointly on the primary election ballot.

(c)

  (1) The successor candidate for Governor designated by the Lieutenant Governor candidate under subsection (b)(1)(ii) of this section, or the former candidate for Lieutenant Governor who subsequently is designated as the candidate for Governor together with the candidate appointed as the successor candidate for Lieutenant Governor under subsection (b)(1)(i) of this section, each shall file a certificate of candidacy with the State Board.

  (2) The certificate of candidacy shall be filed:

    (i) by the fifth day following the withdrawal deadline specified under Sec. 5-502 of this title, if the former candidate for Governor files a certificate of withdrawal; or

    (ii) by the fifth day following the day of the death or disqualification of the former candidate for Governor, if that former candidate dies or is disqualified less than 70 days before the day of the primary election.

  (3) A certificate of candidacy may not be filed under paragraph (2)(ii) of this subsection less than 65 days before the day of the primary election.

(d) If the death or disqualification of a former candidate for Governor occurs less than 65 days before the day of the primary election, the existing Governor and Lieutenant Governor unit whose filing is complete:

  (1) shall remain on the ballot; and

  (2) if nominated, a vacancy in the office of Governor shall be declared and filled under Sec. 5-1005 of this title as if the death or disqualification had occurred after the primary election.

#### Section 5-905

(a) If only a single Governor and Lieutenant Governor unit files for the nomination of a political party, and the candidate for Governor dies, withdraws the candidacy, or is disqualified for any reason after the filing deadline specified under Sec. 5-303 of this title, the remaining candidate for Lieutenant Governor is disqualified.

(b)

  (1) In the event of a vacancy in nomination under subsection (a) of this section, the State central committee of the political party to which the candidates belong shall select a successor candidate for Governor.

  (2) The State central committee shall make its selection by the 10th day following the death, withdrawal, or disqualification of the gubernatorial candidate.

  (3) The candidate disqualified for the office of Lieutenant Governor under subsection (a) of this section is eligible to be chosen as the successor candidate for Governor.

(c)

  (1) The successor candidate for Governor selected by the State central committee under subsection (b) of this section promptly shall select a successor candidate for Lieutenant Governor.

  (2) If the former candidate for Lieutenant Governor is not selected as the successor candidate for Governor, that individual is eligible to be selected again as the candidate for Lieutenant Governor.

(d) By the deadline date specified under subsection (b)(2) of this section for the selection of the successor candidate for Governor by the appropriate State central committee, in accordance with Subtitle 3 of this title:

  (1) the State central committee making the selection shall file a certificate of designation for those offices with the State Board for:

    (i) its successor candidate for Governor; and

    (ii) the successor candidate for Lieutenant Governor designated under subsection (c)(1) of this section; and

  (2) the successor candidates for Governor and Lieutenant Governor each shall file a certificate of candidacy for those offices with the State Board.

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