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<section article="gel" article_name="Election Law" number="8-710" title_number="8" title_name="Elections" subtitle_number="7" subtitle_name="Representatives in Congress">
  <level label="a">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, if there is a vacancy in the office of Representative in Congress, the Governor shall issue a proclamation, within 10 days after the date that the vacancy occurs or becomes known to the Governor, declaring that a special primary election and a special general election shall be held to fill the vacancy.</text>
    </level>
    <level label="2">
      <text>If the vacancy occurs during the period beginning 39 days before the regular primary election and ending on the last day of the term, the Governor may:</text>
      <level label="i">
        <text>decline to issue a proclamation; and</text>
      </level>
      <level label="ii">
        <text>allow the office to remain vacant for the remainder of the term.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Governor’s proclamation shall specify the dates of the special primary election and the special general election.</text>
    </level>
    <level label="2">
      <text>The special primary election shall be held on a Tuesday that is at least 80 days after the date of the proclamation.</text>
    </level>
    <level label="3">
      <text>The special general election shall be held on a Tuesday that is at least 70 days after the date of the special primary election.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The Governor shall:</text>
      <level label="i">
        <text>immediately give public notice of the proclamation; and</text>
      </level>
      <level label="ii">
        <text>deliver the proclamation to the State Administrator.</text>
      </level>
    </level>
    <level label="2">
      <text>The State Administrator shall:</text>
      <level label="i">
        <text>immediately notify the State Board members and the local boards of the counties that comprise the congressional district;</text>
      </level>
      <level label="ii">
        <text>forward to each of those local boards a copy of the proclamation;</text>
      </level>
      <level label="iii">
        <text>direct the local boards of election to make the absentee ballot for the special primary election or special general election available to an absent uniformed services voter or overseas voter, as defined under the Uniformed and Overseas Citizens Absentee Voting Act, at least 45 days before the date of the special election; and</text>
      </level>
      <level label="iv">
        <text>ensure that the special election is conducted in compliance with all federal and State laws.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <level label="i">
        <text>Notwithstanding any other provision of this section, if the vacancy occurs or becomes known to the Governor during the period beginning 120 days before the regular primary election for Representatives in Congress and ending 40 days before the primary election, the Governor’s proclamation shall order that:</text>
        <level label="1">
          <text>the special primary election shall be merged with the regular primary election;</text>
        </level>
        <level label="2">
          <text>any individual who files a certificate of candidacy for the regular primary election shall be deemed to have filed a certificate of candidacy for the special primary election; and</text>
        </level>
        <level label="3">
          <text>except as provided in subparagraph (ii) of this paragraph, any other qualified individual may file a certificate of candidacy, for both the special primary election and the regular primary election, not later than 9 p.m. on the day that is 2 days after the issuance of the proclamation.</text>
        </level>
      </level>
      <level label="ii">
        <text>A qualified individual may not file a certificate of candidacy under subparagraph (i)3 of this paragraph if there are 64 days or less before the date of the election.</text>
      </level>
    </level>
    <level label="2">
      <text>A vote cast for a candidate in the merged primary election shall be deemed a vote for that candidate in both the special primary election and the regular primary election.</text>
    </level>
    <level label="3">
      <text>Two certificates of nomination, one for the special primary election and one for the regular primary election, shall be issued to each candidate nominated in the merged primary election.</text>
    </level>
    <level label="4">
      <text>Notwithstanding any provision of this article:</text>
      <level label="i">
        <text>a nominee for the special primary election may decline the nomination by notifying the State Board not later than 5 p.m. on the Wednesday following the primary election;</text>
      </level>
      <level label="ii">
        <text>the appropriate political party shall fill the vacancy in nomination not later than 5 p.m. on the Thursday following the primary election; and</text>
      </level>
      <level label="iii">
        <text>a petition for recount and recanvas of the special primary election shall be filed not later than 5 p.m. on the Wednesday following the primary election.</text>
      </level>
    </level>
  </level>
</section>
