Previous | Table of contents | Next

2.1 Qualifications

* The voter registration requirement only applies to candidates seeking nomination by political party. Candidates for federal office seeking the nomination by petition are not required to be a registered voter, but must still meet the other listed criteria. See § 5-203 of the Election Law Article

2.2 Filing Requirements - Generally

For a candidate to appear on the ballot, the following requirements must be met by the candidate:

1. Certificate of Candidacy  -  A Certificate of Candidacy must be filed in person at:
   
   
   • The State Board of Elections for federal and state candidates; or
   • A local board of elections for county candidates.

- § 5-302 of the Election Law Article

2. Authorized Candidate Campaign Committee  - Before filing a Certificate of Candidacy, each candidate must establish an authorized candidate campaign committee by filing a Statement of Organization with the State Board. There is no fee for filing this form and the form does not have to be filed in person. However, the Statement of Organization must be signed by the candidate, treasurer and  chairman. (See Section 3.1 of this Summary Guide.)

- § 13-202 of the Election Law Article

3. Filing Fee - Filing fees must be paid at the time of filing the Certificate of Candidacy. The amount of the filing fee depends on the office sought and can be found in Section 2.1 of this Summary Guide.

- § 5-401 of the Election Law Article

4. Financial Disclosure– The type of financial disclosure and due date vary for the office sought.
   
   
   • State candidates: A Financial Disclosure Statement must be either on file with the State Ethics Commission or filed at the time of filing the Certificate of Candidacy.
   • Local candidates: Contact the county or Baltimore City ethics agency.
   • Judicial candidates: Contact the Administrative Office of the Courts.
   • Board of Education Candidates: Financial disclosure statements are prescribed by each county’s Board of Education.

– § 5-304(d) of the Election Law Article

5. Identification - A candidate will be asked to provide photo identification at the time of filing the Certificate of Candidacy.  A driver’s license, military identification, passport, or other government  issued identification is acceptable.

6. Registered voter – All candidates except for President, Vice-President, and federal petition candidates, must be registered voters.  We strongly recommend that you check with your county board of elections to make sure that your voter registration is current.

-§ 5-203 of the Election Law Article

7. Party Affiliation- An individual may not be a candidate seeking the nomination from a recognized political party unless the individual is a registered voter of that political party.  The requirements of party affiliation do not apply to judicial and board of education candidates.

- § 5-203 of the Election Law Article

2.3 Filing Requirements - Write-In Candidates

Write-in candidates are not required to pay a filing fee or file in person, but are required to:

1. File a Certificate of Candidacy by the earlier of:
   • Seven days after a total of $51 is spent to promote the candidacy, or
   • By 5:00 PM on the Wednesday before the election;
   
   § 5-303(c) of the Election Law Article
2. File a Financial Disclosure Statement; and
3. Establish an authorized candidate campaign committee.

2.4 Filing Requirements - Petition Candidates

1. Generally

An individual who is not affiliated with a recognized political party must be nominated by petition to become a general election candidate. To qualify, the candidate must file the following with the appropriate election board by the statutory established deadlines:

• Deadline #1 – Filing of the Declaration of Intent to seek nomination by petition
  
  
  • When to file:
    • In Gubernatorial and Baltimore City Election Years: 9:00 p.m. on the Monday 70 days before the Primary Election
    • In Presidential Election Year: 5:00 p.m. on July 1 of the year of the election
  
  
  • What needs to be filed:
    • In person, at the appropriate board of elections, the Declaration of Intent

• Deadline #2 – Petition Filing
  
  
  • When to file:
    • First Monday in August of the year of the election
  
  
  • What needs to be filed:
    • Petition signed by not less than 1% of  the total number of  registered voters in the district for the office for which the nomination is sought;
    •  Certificate of Candidacy and filing fee;
    • Statement of Organization to form an authorized candidate committee (except federal candidates) and;
    • Financial Disclosure Statement (except federal candidates).

 - § 5-703 of the Election Law Article

The Declaration of Intent must be filed in person. For petition candidates, the Statement of Organization, financial disclosure statement, petition, Certificate of Candidacy and filing fee are not required to be filed in person.  However, they must be received by the appropriate election office by the deadline.  Postmarks will not be accepted as proof of timely filing. 

2.  Nominating Petition Format

The petition form prescribed by the State Board must be used. Each signature page of the petition must contain a statement, to which each signer subscribes, that:

• The signer supports the purpose of the petition; and
• Based on the signer’s information and belief, the signer is a registered voter in Maryland and is eligible to have his/her signature counted.

Each registered voter signing the petition must provide the following information on the signature page (all information except the signature must be printed or typed in the appropriate space on the form):

• Signature (as name appears on voter registration list, or surname of registration and at least one full given name and the initial of any other names);
• Date of signing;
• Signer’s printed name;
• Signer’s current voter registration residence address (a business address or post office box is insufficient); and
• Date of Birth. Each registered voter is asked to include his/her date of birth on the petition. The date of birth greatly assists the local board to identify a voter and validates the voter’s name. If the voter refuses to provide a date of birth, the circulator should request the month and day at a minimum. A name will not be invalidated merely because the date of birth is omitted.

- § 6-203 of the Election Law Article

Each signature page of the petition must include an affidavit, completed by an individual circulator (not a business or organization), stating that:

• All identifying information provided by the circulator is true and correct;
• The circulator personally observed each signer signing the page; and
• Based on the circulator’s best knowledge and belief, each signature on the page is genuine and each signer is a registered voter at the address listed.

The circulator must sign and date the affidavit, but should wait until after all petition signers have signed and dated the page. Any signature on the page that is dated after the circulator’s affidavit is invalid.

A petition circulator must be at least 18 years old. Maryland law does not require the petition circulator to be a registered voter or a Maryland resident.

-§ 6-204 of the Election Law Article

Upon written request, a candidate may seek an advance determination of the sufficiency of the completed nominating petition form from the State Board or the appropriate county board of elections. The appropriate elections board will make a determination of sufficiency within 5 business days after receiving the request. The petition candidate will be notified of the Board’s decision within 2 business days after the determination is made.

- § 6-210 of the Election Law Article

2.5 Filing Requirements - Non-Principal Political Party Candidates

1. Generally

An individual who is affiliated with a recognized political party other than the two principal parties must be nominated by that political party as a general election candidate. To qualify, the candidate must file the following with the appropriate election board by the statutory established deadlines:

• Deadline #1 – Declaration of Intent filing
  
  
  • When to file:
    • In Gubernatorial Election Year: 9:00pm on the Monday 70 days before the Primary Election
    • In Presidential and Baltimore City Election Years: 5:00pm on July 1 of the year of the election
  
  
  • What to file:
    • In person, at the appropriate board of elections, the Declaration of Intent

• Deadline #2 – Nomination Filing
  
  
  • When to file:
    • First Monday in August of the year of the election
  
  
  • What needs to be filed:
    • Certificate of Nomination (signed by the officers of the political party);
    • Certificate of Candidacy and filing fee;
    • Statement of Organization to form an authorized candidate campaign committee (except federal candidates); and
    • Financial Disclosure Statement (except federal candidates).

 - § 5-703.1 of the Election Law Article

The Declaration of Intent must be filed in person. The Statement of Organization, financial disclosure statement, Certificate of Nomination, Certificate of Candidacy and filing fee are not required to be filed in person.  However, they must be received by the appropriate election office by the deadline.  Postmarks will not be accepted as proof of timely filing.

2.  Nomination

A recognized political party other than the two principal parties may nominate its candidate in accordance with its constitution and by-laws adopted by the political party. 

-§4-102(f)  of the Election Law Article

The chairman and secretary of the political party central committee shall submit to the State Board a signed Certificate of Nomination by the first Monday in August.

- § 5-703.1 of the Election Law Article

2.6 Filing Requirements – Federal Candidates

1.  Presidential Candidates - Primary Election - Democratic and Republican only

There are two ways that a candidate for the President of the United States may be placed on the primary ballot: 

• Selection by Secretary of State: Automatic ballot access is provided if the Secretary of State certifies the Presidential candidate to the State Board as a result of the Secretary’s determination, that the candidate’s candidacy is generally advocated or recognized in the news media throughout the United States or in Maryland; or

• Primary Election Presidential Petition Candidate: Democratic or Republican candidates not certified by the Secretary of State may gain ballot access by filing the following with State Board by the Monday that is 70 days before the day of election:

• A Certificate of Candidacy;
• A Petition Information Page; and
• Petition Signature Pages containing 400 registered voters from each of Maryland’s eight congressional districts

-§8-502 of the Election Law Article

2.  Presidential Candidates - General Election – Unaffiliated Candidates- Petition

A presidential candidate ticket that is not registered with a political party must file the following with State Board:

• Certificate of Candidacy
• Petition Information Page; and
• Petition Signature Pages containing the valid signatures of at least 1% of the registered voters of the State.

For more information see Section 2.4 of the Summary Guide - Petition Candidates

3.  Presidential Candidates- General Election- Recognized Non-Principal Political Party

A presidential candidate ticket nominated by a recognized non-principal political party must file the following with the State Board:

• Certificate of Candidacy (if not nominated by a national party convention); and
• Certificate of Nomination

-§4-102(f) of the Election Law Article

If a petition effort to form a political party is on-going in the year of the election, the new political party may nominate its Presidential and Vice Presidential candidates in accordance with its constitution and by-laws.

Note: In order to be recognized by the State Board as a political party, the party must: 1) meet the 10,000 petition signature requirement; 2) hold an organized meeting; and 3) file an approved constitution and bylaws with the State Board.

4. Presidential Candidates - General Election- National Party Nominating Convention

The presiding officers of the national party nominating convention must certify the candidates’ names and addresses to the State Board.

-§5-301(g) of the Election Law Article

5. Presidential Electors

• Recognized Political Parties: The names and addresses of 10 individuals nominated as candidates for presidential electors shall be certified to State Board by the presiding officers of each political party.
• Petition Candidates: The names and addresses of 10 individuals nominated as candidates for presidential electors shall be certified to State Board by the candidate for President
• Deadline: Electors shall be certified to State Board not later than 30 days before the general election.

-§8-503(c) of the Election Law Article

6.  All other Federal offices -

• U.S. Senate and U.S. Representative
  
  
  • Candidates for U.S. Senate and U.S. House of Representative must follow the filing requirements as mentioned in Section 2.2 –2.5 depending on the type of candidacy sought.
  
  
• National Party Convention Delegates*
  
  
  • Democratic Delegates

    To become a candidate as a delegate or alternate delegate, you must file by the candidate filing deadline at the State Board:

    • A Certificate of Candidacy;
    • Designate your presidential preference; and
    • Sign a pledge of support for the Presidential candidate

    The Democratic State Party will provide the list of potential delegate candidates to the presidential campaign and the Presidential campaign will approve who will represent them on the ballot. 

    The percentage of vote received by the Presidential candidate will determine the allocation of the delegates.

  • Republican Delegates

    To become a candidate as a delegate or alternate delegate, you must file a Certificate of Candidacy by the candidate filing deadline at the State Board. 

    The candidate must provide written permission by the Presidential candidate to have the Presidential candidate’s name appear adjacent to the delegate candidate’s name on the ballot not later than the 10th day after the candidate filing deadline to the State Board otherwise the delegate candidacy will be removed.

* These requirements are subject to change based on the political party's delegate selection plans.

2.7 Candidates for Governor

At the time of filing of a Certificate of Candidacy, a candidate for Governor must designate a candidate for Lieutenant Governor.

The candidates will be listed jointly on the ballot and a vote cast for Governor will also be a vote for the Lieutenant Governor.

-§5-205 of the Election Law Article

For each gubernatorial ticket, the candidate for Governor and candidate for Lieutenant Governor each must have an authorized candidate campaign committee.

-§13-202 of the Election Law Article

2.8 Responsibilities and Liabilities of a Candidate

Maryland defines an individual as a candidate once an authorized candidate campaign committee has been established with the State Board. An individual does not have to file a Certificate of Candidacy in order to be a recognized candidate for campaign finance purposes. Under Maryland law, the authorized candidate campaign committee is linked to the candidate and not the office sought. A candidate may use the same authorized candidate campaign committee for different elective office in different election years. Therefore, once the individual establishes an authorized candidate campaign committee, the individual is precluded from establishing an exploratory committee for a different elective office.

A candidate may not be:

• A candidate for more than one public office; or

-§5-204 of the Election Law Article

• A treasurer for any political committee including his or her own.

- § 13-215(1)(i) of the Election Law Article

If a candidate is serving as the chairman of a committee, the candidate:

• Will be personally liable for any fees assessed against the political committee for failure to file a campaign finance report on time; and

• Will not be permitted to file for or to take office until all campaign finance reports have been filed and all late fees have been paid.  In addition, the salary of an office holder can be withheld if campaign finance reports are not filed and late fees are not paid.

Previous | Table of contents | Next