§ 4-102. New political parties

   (a) Formation. -- Any group of registered voters may form a new political party by:

   (1) filing with the State Board on the prescribed form a petition meeting the requirements of subsection (b) of this section and of Title 6 of this article; and

   (2) adopting and filing an interim constitution and bylaws in accordance with subsection (e) of this section.

(b) Requirements of petition. --

   (1) The petition shall state:

      (i) the partisan organization's intent to organize a State political party;

      (ii) the name of the partisan organization;

      (iii) the name and signature of the State chairman of the partisan organization; and

      (iv) the names and addresses of 25 registered voters, including the State chairman, who shall be designated as constituting the initial governing body of the partisan organization.

   (2) (i) Appended to the petition shall be papers bearing the signatures of at least 10,000 registered voters who are eligible to vote in the State as of the first day of the month in which the petition is submitted.

      (ii) Signatures on the petition must have been affixed to the petition not more than 2 years before the filing date of the last qualifying signature.

(c) Filing of petition. --

   (1) Except as provided in paragraph (2) of this subsection, a petition for the formation of a new political party, or any additional signatures to a petition, may be filed at any time.

   (2) A petition for the formation of a new political party, or any additional signatures to a petition, may be filed:

      (i) in the year of an election at which the President is elected except:

         1. during the period of time that registration is closed before and after a primary election in accordance with § 3-302(a) of this article; and

         2. after the first Monday in August until registration reopens after the general election in accordance with § 3-302(a) of this article;

      (ii) in the year of an election at which the Governor is elected, except after the first Monday in August until registration reopens after the general election in accordance with § 3-302(a) of this article; or

      (iii) when a special primary election and a special election are proclaimed by the Governor in accordance with § 8-710 of this article except:

         1. after the fifth Monday before the special primary election through the tenth day following the special primary election; and

         2. after the fifth Monday before the special election through the fifteenth day following the special election.

(d) Role and responsibilities of State Board. --

   (1) (i) If the petition is certified under Title 6 of this article, the State Board shall promptly notify the State chairman of the partisan organization.

      (ii) Upon the filing of a constitution and bylaws with the State Board by a partisan organization in accordance with subsection (e) of this section, the State Board shall:

         1. review the constitution and bylaws to determine whether the constitution and bylaws meet the requirements of subsection (e) of this section; and

         2. if the constitution and bylaws meet the requirements of subsection (e) of this section, promptly notify the partisan organization designated in the petition that it is considered a State political party for the purposes of this article.

   (2) If the petition does not meet the requirements of this section and of Title 6 of this article:

      (i) the State Board shall declare the petition insufficient;

      (ii) the partisan organization is not a State political party for the purposes of this article; and

      (iii) the State Board shall promptly notify the State chairman of the partisan organization.

(e) Constitution and bylaws. --

   (1) The constitution and bylaws of a new political party shall:

      (i) comply with the requirements of § 4-204 of this title; and

      (ii) be adopted by the individuals designated in the petition as the initial governing body at an organizational meeting held within 90 days after the date of the filing of the last qualifying signature on its petition.

   (2) The individual designated in the petition as the State chairman of the political party shall convene the organizational meeting under paragraph (1)(ii) of this subsection and shall preside as president pro tem of the meeting until party officers are elected.

(f) Nomination of candidates. -- Unless a new political party is required to hold a primary election to nominate its candidates under Title 8 of this article, the new political party may nominate its candidates in accordance with the constitution and bylaws adopted by the political party and submitted to the State Board.

HISTORY: An. Code 1957, art. 33, § 4-102; 2002, ch. 291, § 2, 4; 2006, ch. 120; 2010, ch. 72, § 5.