Ch. 338

2004 LAWS OF MARYLAND

CHAPTER 338
(House Bill 383)

AN ACT concerning

Candidates' Residencies - Challenges - Expedited Judicial Review

FOR the purpose of authorizing certain registered voters to file a petition with the a
certain circuit court that challenges to challenge the residency of certain
candidates; requiring the petition to be filed within a certain period of time;
providing for the application of this Act; requiring the circuit court to expedite
the judicial review of the petition within a certain period of time; and generally
relating to challenging the residency of a candidate and expediting the judicial
review of that challenge.

BY adding to

Article - Election Law

Section 5-305

Annotated Code of Maryland

(2003 Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Election Law

5-305.

(A) THIS SECTION APPLIES ONLY TO A PETITION THAT WILL AFFECT THE
RIGHT OF A CANDIDATE TO HAVE THE CANDIDATE'S NAME APPEAR ON THE BALLOT
IN A PRIMARY OR GENERAL ELECTION

(A) (B) ANY A REGISTERED VOTER WHO IS A RESIDENT OF THE DISTRICT OR
OTHER GEOGRAPHIC AREA IN WHICH A CANDIDATE IS SEEKING OFFICE MAY FILE A
PETITION WITH THE CIRCUIT COURT THAT CHALLENGES FOR THAT DISTRICT OR
GEOGRAPHIC AREA TO CHALLENGE THE CANDIDATE'S RESIDENCY AS PROVIDED IN §
5-202 OF THIS TITLE.

(B) (1) THE PETITION SHALL BE FILED WITHIN 7 DAYS FROM THE DATE THE
CANDIDATE'S CERTIFICATE OF CANDIDACY IS FILED UNDER § 5-302 OF THIS
SUBTITLE AFTER THE DEADLINE SPECIFIED UNDER § 5-303 OF THIS SUBTITLE FOR
THE FILING OF A CERTIFICATE OF CANDIDACY FOR THE OFFICE THAT THE
CANDIDATE IS SEEKING.

(C) (1) THE PETITION MUST BE FILED:

(I) IF THE PETITION INVOLVES A CHALLENGE TO A CANDIDATE
FOR AN OFFICE THAT IS TO BE CONTESTED AT AN ELECTION IN THE YEAR THAT
THERE IS NOT A PRESIDENTIAL ELECTION, NO LATER THAN 9 WEEKS BEFORE THAT
ELECTION; OR

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