# COMAR Title 33 — State Board of Elections

## Subtitle 01 — Definitions; General Provisions

### Chapter 06 — Candidate Names

**Authority:** Election Law Article, §2-102(b)(4) and Title 5, Subtitle 3, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 adopted as an emergency provision effective July 2, 2010 (37:16 Md. R. 1059); adopted permanently effective October 18, 2010 (37:21 Md. R. 1439)

#### Regulation .01 Definitions.

*COMAR 33.01.06.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Alternative name” means a name, other than a given name, provided on a certificate of candidacy pursuant to Election Law Article, §5-301(c)(3), Annotated Code of Maryland.

  (2) “Candidate filing document” means a certificate of candidacy, declaration of intent, or any other document submitted by a candidate for purposes of having the candidate's name placed on the ballot.

#### Regulation .02 Requirements for the Use of an Alternative Name.

*COMAR 33.01.06.02*

A. Designation of Alternate Name. The State Administrator or designee shall accept the designation of an alternative name on a candidate filing document if:

  (1) The candidate completed the affidavit as specified in Regulation .03 of this chapter; and

  (2) The alternative name meets the requirements established under Regulation .04 of this chapter.

B. Impermissible Candidate Name; Opportunity to Correct.

  (1) A determination that an alternative name on a candidate filing document does not meet the requirements of this chapter will not invalidate the candidate filing document.

  (2) If the alternative name is not permissible, the State Administrator shall notify the candidate of that fact.

  (3) Within 5 days of notification, the State Administrator shall:

    (a) Accept a new alternative name submitted by the candidate; or

    (b) If a new and acceptable alternative name is not submitted, use the candidate's given name as contained in the candidate's voter registration record.

#### Regulation .03 Affidavit of Alternative Name.

*COMAR 33.01.06.03*

A. In General. Except as provided in §C of this regulation, when a candidate files a candidate filing document with an alternative name, the candidate shall include an affidavit, filed under penalty of perjury, attesting that the candidate is generally known by the alternative name in:

  (1) Press accounts concerning the candidate; or

  (2) If press accounts do not exist, the candidate's every day encounters with members of the community.

B. Affidavits.

  (1) If an affidavit for an alternative name is based on press accounts, the candidate must supply a copy of the press accounts referencing the individual by the alternative name.

  (2) If an affidavit for an alternative name is based on the candidate's every day encounters with members of the community, the affidavit shall include two witnesses certifying, under penalty of perjury, to the alternative name of the candidate.

C. Affidavit Not Required.

  (1) An affidavit is not required if the alternative name is an initial, shortened version, or commonly used variation of the candidate's given name.

  (2) Examples of shortened versions of names include:

    (a) Beth for Elizabeth; or

    (b) Jon for Jonathan.

  (3) Examples of commonly used variations of names include:

    (a) Peggy for Margaret; or

    (b) Dick for Richard.

#### Regulation .04 Alternative Names.

*COMAR 33.01.06.04*

A. Determination. For an alternative name to be permissible, the State Administrator or designee shall make a determination that the alternative name:

  (1) Includes at least a first name or initial;

  (2) Except as provided in §B of this regulation includes the candidate's given last name; and

  (3) Does not include:

    (a) A title, honorary title, or word that gives the impression of a title;

    (b) A description of an activity, event, or experience;

    (c) A reference to a business or commercial enterprise of the candidate; or

    (d) An offensive or derogatory word or phrase.

B. Permissive Alternative Names. A candidate may file an alternative name using a last name other than the candidate's given last name if the candidate:

  (1) Either:

    (a) Is legally entitled to use a last name other than the candidate's given last name; or

    (b) Was party to an absolute divorce and continues to use the given name prior to the divorce; and

  (2) Files an affidavit in support of alternative name as required under Regulation .03 of this chapter.

#### Regulation .05 Name Conventions.

*COMAR 33.01.06.05*

A nickname, phrase, or name other than a shortened version or commonly used variation of the candidate's given name:

A. May not exceed the character length set by the State Administrator; and

B. Shall be placed on the ballot in the middle name field.