# Election Law (GEL)

## Title 8. Elections

### Subtitle 5. Presidential Elections

#### 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.

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