§ 8-401

Maryland § 8-401

• Jurisdiction: Maryland
• Article gel: Election Law
• Title: 8

Text

(a) A special primary election or a special general election may be held at a time other than the date of a regular primary election or a regular general election:

(1) to fill a vacancy in the office of Representative in Congress; or

(2) to fill a vacancy in the county council or in the office of chief executive officer or county executive if the charter of that county provides for special elections.

(b) (1) Special elections to fill a vacancy in the office of Representative in Congress shall be held at the time specified in Subtitle 7 of this title.

(2) (i) Subject to subparagraph (ii) of this paragraph, special elections to fill vacancies in a county council or in the office of chief executive officer or county executive shall be held as provided in the county charter.

(ii) The date set for the special election to fill a vacancy under this paragraph:

1. shall be at least 90 days after the adoption of the resolution of the county council establishing the date of the special election;

2. may not be within 120 days of a regularly scheduled election; and

3. shall allow at least 45 days between the date a local board makes an absentee ballot available to an absent uniformed services voter or overseas voter, as defined under the Uniformed and Overseas Citizens Absentee Voting Act, and the date of the special election.

(c) An election to fill a vacancy in the office of United States Senator shall be held concurrently with a regular election as provided in Subtitle 6 of this title.

(d) The State Board shall adopt regulations to establish requirements concerning:

(1) notice to absent uniformed services voters and overseas voters concerning a special election; and

(2) the process for absent uniformed services voters and overseas voters to:

(i) request an absentee ballot for a special election; and

(ii) return an absentee ballot by mail in a timely manner.