The Maryland State Board of Elections (SBE) recently voted to extend three deadlines related to the 2022 Gubernatorial Elections due to the primary being held roughly three weeks later than originally planned.
By Order filed March 15, In the Matter of 2022 Legislative Districting of the State, the Maryland Court of Appeals, pursuant to its authority under Article III, §5 of the Maryland Constitution, postponed the primary election date for the 2022 Gubernatorial Primary Election from June 28 to July 19.
By that same order, the Court of Appeals delegated to SBE the authority to “adjust any deadlines related to certifying, displaying and printing ballots.” Due to the postponed primary election day, the State Board of Elections is scheduled to certify the election results of the 2022 Gubernatorial Primary Election on August 15.
The Maryland Code, Election Law Article, prescribes certain deadlines for actions that may affect the general election ballot after the primary results are certified. These include:
• Declining a Nomination: A candidate that is the nominee for an office, as determined from the certified election results, may decline the nomination by filing certain documents with the appropriate board of elections. Since it is necessary the deadline to decline nomination be after the certification date, SBE today extended the deadline to decline nomination from Tuesday, August 2 until Tuesday, August 16.
• Removal of a Candidate’ s Name Due to Death or Disqualification: To align with the new deadline for a candidate to decline a nomination, SBE also extended the deadline to remove a candidate’ s name from the ballot due to the candidate’ s death or disqualification. The previous deadline of Monday, August 15 was extended to Tuesday, August 16.
• Filling the Vacancy on a Ballot due to the above: If a candidate declines the nomination, the appropriate central committee may fill the vacancy. For the same aforementioned reasons, SBE extended the deadline to fill a vacancy caused by a declination, or death/disqualification from Friday, August 12 to Friday, August 19.