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

2. (b) The certificate of declination shall be under oath and filed:

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

   2. (2)

      1. (i) in the year of a gubernatorial election, by the first Tuesday in August immediately preceding the general election; or
      2. (ii) in the year of a presidential election, by the first Tuesday in August immediately preceding the general election.

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

   1. (1) the certificate of nomination to which the certificate of declination relates is void;
   2. (2) a vacancy in nomination is created to be filled in accordance with the provisions of Subtitle 10 of this title;
   3. (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. (4) the filing fee for the certificate of candidacy of that individual may not be refunded.
4. (d) The name of each individual who does not decline a nomination shall appear on the general election ballot unless, by the 85th day preceding the general election, the individual's death or disqualification is known to the board with which the certificate of candidacy was filed.

Added as Art. 33, § 5-801, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 5-801 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2015, c. 332, § 1, eff. Oct. 1, 2015; Acts 2019, c. 770, § 1, eff. June 1, 2019.

Formerly Art. 33, § 5-801.