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Maryland Code, Election Law § 8-401

Current as of January 01, 2025 | Updated by Findlaw Staff

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

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Cite this article: FindLaw.com - Maryland Code, Election Law § 8-401 - last updated January 01, 2025 | https://codes.findlaw.com/md/election-law/md-code-elec-law-sect-8-401/

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