# Election Law (GEL)

## Title 8. Elections

### Subtitle 5. Presidential Elections

#### Section 8-501

(a) Delegates and alternate delegates to the national presidential nominating convention of a political party shall be selected as provided in the national party rules of the party.

(b) The State central committee of each political party shall certify to the State Board, not later than October 1 in the year preceding the election:

  (1) the number of delegates and alternate delegates to be selected in the State and the mode or modes of selection; and

  (2) in the case of a principal political party:

    (i) if delegates are to be elected by district, the number of delegates to be elected from each district;

    (ii) provisions for placing on the ballot the name of a presidential candidate, or the word "uncommitted", adjacent to the name of each candidate for delegate;

    (iii) provisions for how, if a candidate for delegate withdraws in accordance with Sec. 5-502 of this article and the withdrawing candidate's name would have appeared on the ballot adjacent to the name of a presidential candidate, that presidential candidate will designate a replacement candidate for delegate no later than 5 days after the deadline established in Sec. 5-502 of this article; and

    (iv) any other provisions of the national party rules of the party that relate to the election of delegates or alternate delegates at the primary election.

#### Section 8-502

(a) This section applies to the placement on the ballot in the primary election of the names of individuals who are candidates for nomination by principal political parties to the office of President of the United States.

(b) An individual who desires to run in the primary election may be placed on the ballot only:

  (1) by direction of the Secretary of State in accordance with subsection (c) of this section; or

  (2) by filing, in accordance with subsection (d) of this section, a petition containing the signatures of at least 400 registered voters from each congressional district in the State.

(c)

  (1) The Secretary of State shall certify to the State Board the names of candidates for nomination by a principal political party no later than 113 days before the primary election.

  (2) The Secretary of State shall certify the name of a presidential candidate on the ballot when the Secretary has determined, in the Secretary's sole discretion and consistent with party rules, that the candidate's candidacy is generally advocated or recognized in the news media throughout the United States or in Maryland, unless the candidate executes and files with the Secretary of State an affidavit stating without qualification that the candidate is not and does not intend to become a candidate for the office in the Maryland primary election.

(d) A candidate who seeks to be placed on the ballot by the petition process specified in subsection (b)(2) of this section shall file the petition, in the form prescribed by the State Board, on the 95th day before the day of the election.

(e) The State Board shall establish a procedure for the Democratic presidential primary through which votes may be cast as uncommitted to any presidential candidate.

(f) The names of the candidates for President qualifying under this section shall be certified to the local boards by the State Board and shall be printed on all ballots used for the primary election.

#### Section 8-503

(a)

  (1) For each presidential elector, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the State Board the names of two qualified individuals.

  (2) One of the individuals shall be designated "presidential elector nominee" and the other "alternate presidential elector nominee".

(b)

  (1) The names and residential addresses of the presidential elector nominees and alternate presidential elector nominees submitted to the State Board in accordance with subsection (a) of this section by a political party shall be certified to the State Board by the presiding officers of the political party.

  (2) The names and residential addresses of the presidential elector nominees and alternate presidential elector nominees submitted to the State Board in accordance with subsection (a) of this section by a candidate for President of the United States who is nominated by petition shall be certified to the State Board by the candidate.

  (3) The nominees for presidential electors and alternate presidential electors shall be certified to the State Board at least 30 days before the general election.

(c)

  (1) This subsection applies only if the agreement under Sec. 8-5A-01 of this title is in effect.

  (2) If the number of presidential electors nominated is less than or greater than the State's number of electoral votes, presidential electors shall be nominated as provided for under Article III of Sec. 8-5A-01 of this title.

#### Section 8-504

(a) Each presidential elector nominee and alternate presidential elector nominee of a political party shall execute the following pledge: "If selected for the position of presidential elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the party that nominated me.".

(b) Each presidential elector nominee and alternate presidential elector nominee of an unaffiliated presidential candidate shall execute the following pledge: "If selected for the position of presidential elector as a nominee of an unaffiliated presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate's vice presidential running mate.".

(c) The executed pledges shall accompany the submission of the corresponding presidential elector nominee names to the State Board.

(d) If, after the nomination of a candidate for president or vice president by a political party and before the meeting of presidential electors under Sec. 8-508 of this subtitle, the candidate dies or withdraws as a candidate for that office in accordance with the rules of the political party, the pledge executed under subsection (a) of this section or Sec. 8-507(d) of this subtitle applies to the successor candidate for that office nominated by the political party in accordance with the party rules.

#### Section 8-505

(a)

  (1) At the general election for President and Vice President of the United States there shall be elected, in accordance with subsection (b) of this section, the number of presidential electors to which this State is entitled.

  (2) Presidential electors shall be elected:

    (i) if the agreement under Sec. 8-5A-01 of this title is not in effect, at large by the voters of the entire State; or

    (ii) if the agreement under Sec. 8-5A-01 of this title is in effect, under the procedure provided in Sec. 8-5A-01 of this title.

(b)

  (1) The names of the candidates for the office of presidential elector may not be printed on the ballot.

  (2) A vote for the candidates for President and Vice President of a political party shall be considered to be and counted as a vote for each of the nominees for presidential elector of the political party submitted in accordance with Sec. 8-503 of this subtitle.

  (3) A vote for an unaffiliated candidate for President and Vice President shall be considered to be and counted as a vote for each of the nominees for presidential elector submitted by the unaffiliated presidential candidate to the State Board in accordance with Sec. 8-503 of this subtitle.

#### Section 8-506

In submitting this State's certificate of ascertainment as required by 3 U.S.C. Sec. 5, the Governor shall certify the State's presidential electors and state in the certificate that: 

(1) the presidential electors will serve as presidential electors unless a vacancy occurs in the office of presidential elector before the end of the meeting at which presidential elector votes are cast, in which case a substitute presidential elector will fill the vacancy; and

(2) if a substitute presidential elector is appointed to fill a vacancy, the Governor will submit an amended certificate of ascertainment stating the names on the final list of the presidential electors.

#### Section 8-507

(a) The State Administrator shall preside and serve as secretary at the meeting of presidential electors described in Sec. 8-508 of this subtitle.

(b) The position of a presidential elector not present to vote is vacant.

(c)

  (1) The presidential electors still serving shall appoint an individual as a substitute presidential elector to fill a vacancy as follows:

    (i) if the alternate presidential elector is present to vote, by appointing the alternate presidential elector for the vacant position;

    (ii) if the alternate presidential elector for the vacant position is not present to vote, by appointing a presidential elector chosen by lot from among the alternate presidential electors present to vote who were nominated by the same political party or the unaffiliated presidential candidate;

    (iii) if the number of alternate presidential electors present to vote is insufficient to fill any vacant position in accordance with item (i) or (ii) of this paragraph, by appointing any immediately available individual who is qualified to serve as a presidential elector and chosen through nomination by and plurality vote of the remaining presidential electors, including nomination and vote by a single presidential elector if only one remains; or

    (iv) if there is a tie between at least two nominees for substitute presidential elector in a vote conducted under item (iii) of this paragraph, by appointing a presidential elector chosen by lot from among those nominees.

  (2) If all presidential elector positions are vacant and cannot be filled in accordance with paragraph (1) of this subsection, the State Administrator shall appoint a single presidential elector, with remaining vacant positions to be filled in accordance with paragraph (1)(iii) or (iv) of this subsection.

(d) To qualify as a substitute presidential elector under subsection (c) of this section, an individual who has not executed the pledge required under Sec. 8-504 of this subtitle shall execute the following pledge: "I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose presidential elector position I have succeeded.".

#### Section 8-508

(a)

  (1) The individuals elected to the office of presidential elector shall meet in the State House in the City of Annapolis on the day provided by the Constitution and laws of the United States.

  (2) The conduct of the meeting shall be consistent with the requirements of federal law.

(b)

  (1) Before proceeding to perform the duties of their office, the presidential electors who are present shall fill any vacancy in the office of presidential elector in accordance with Sec. 8-507 of this subtitle, whether the vacancy is caused by absence or other reason.

  (2) An individual appointed to fill a vacancy is entitled to all rights and privileges of the duly elected electors.

(c)

  (1) After taking the oath prescribed by Article I, Sec. 9 of the Maryland Constitution before the Clerk of the Supreme Court of Maryland or, in the Clerk's absence, before one of the Clerk's deputies, the presidential electors shall cast their votes for:

    (i) if the agreement under Sec. 8-5A-01 of this title is not in effect, the candidates for President and Vice President who received a plurality of the votes cast in the State of Maryland; or

    (ii) if the agreement under Sec. 8-5A-01 of this title is in effect, the candidates for President and Vice President who received a plurality of the votes cast in the national popular vote total defined in Sec. 8-5A-01 of this title.

  (2) The State Administrator shall provide each presidential elector with a presidential and a vice presidential ballot.

  (3) Each presidential elector shall mark the presidential elector's presidential and vice presidential ballots with the presidential elector's signature and the presidential elector's legibly printed name.

(d)

  (1)

    (i) This paragraph applies only if the agreement under Sec. 8-5A-01 of this title is not in effect.

    (ii) Each presidential elector shall present both completed ballots to the State Administrator.

    (iii) The State Administrator shall examine the ballots presented under subparagraph (ii) of this paragraph and accept as cast all ballots of presidential electors whose votes are consistent with their pledges executed under Sec. 8-504 or Sec. 8-507(d) of this subtitle.

  (2)

    (i) This paragraph applies only if the agreement under Sec. 8-5A-01 of this title is in effect.

    (ii) Each presidential elector shall present both completed ballots to the State Administrator, who shall examine the ballots and accept as cast all ballots of presidential electors whose votes are consistent with their pledges executed for the candidates for President and Vice President who are the national popular vote winners as defined in Sec. 8-5A-01 of this title.

  (3) The State Administrator may not accept either a presidential elector's presidential or vice presidential ballot if the presidential elector voted in violation of the presidential elector's pledge.

(e) A presidential elector who refuses to present a ballot, presents an unmarked ballot and refuses to sign the certificate of vote, or presents a ballot marked in violation of the presidential elector's pledge executed under Sec. 8-504 or Sec. 8-507(d) of this subtitle vacates the office of elector, creating a vacant position to be filled under Sec. 8-507 of this subtitle.

(f) The State Administrator shall distribute ballots and collect ballots from a substitute presidential elector and repeat the process under this section, declaring vacant positions to be filled as required under Sec. 8-507(c) of this subtitle, and recording appropriately completed ballots from the substitute presidential electors, until all of the State's electoral votes have been cast and recorded.

#### Section 8-509

(a) After the vote of the State's presidential electors is completed, if the final list of presidential electors differs from any list that the Governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. Sec. 5, the State Administrator immediately shall prepare an amended certificate of ascertainment in accordance with 3 U.S.C. Sec. 4 and transmit it to the Governor for the Governor's signature.

(b) The Governor immediately shall deliver the signed amended certificate of ascertainment to the State Administrator and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this State's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.

(c)

  (1) The State Administrator shall prepare a certificate of the vote.

  (2) The presidential electors on the final list shall sign the certificate.

  (3) The State Administrator shall process and transmit the signed certificate with the amended certificate of ascertainment under 3 U.S.C. Sec.Sec. 9 through 11.

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