§ 5-801. Declination of nomination

   (a) In general. -- A nominee may decline the nomination by filing a certificate of declination on the prescribed form.

(b) When and where filed. -- The certificate of declination shall be under oath and filed:

   (1) with the board at which the certificate of candidacy was filed; and

   (2) (i) in the year of a gubernatorial election or the year of an election for the Mayor of the City of Baltimore, within 2 days after the election results are certified; or

      (ii) in the year of a presidential election, by the 70th day preceding the general election.

(c) Effect of declination. -- If a certificate of declination is filed under this section:

   (1) the certificate of nomination to which the certificate of declination relates is void;

   (2) a vacancy in nomination is created to be filled in accordance with the provisions of Subtitle 10 of this title;

   (3) the name of the individual who declined the nomination may not appear on the ballot unless the individual is selected to fill that vacancy; and

   (4) the filing fee for the certificate of candidacy of that individual may not be refunded.

HISTORY: An. Code 1957, art. 33, § 5-801; 2002, ch. 291, § 2, 4.