Section 5-801 - Declination of nomination.

§ 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. 
 

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