Maryland § 5

Full text of Maryland Maryland Code § 5, with citation guidance and answers to common questions.

§ 5.

    (a)    In case of vacancy in the office of Attorney General, occasioned by death, resignation, removal from the State, or from office, or other disqualification, the Governor shall appoint an individual to fill the vacancy as provided in this section.

    (b)    The Governor shall appoint one of three individuals whose names are submitted to the Governor in writing, within 30 days after the occurrence of the vacancy, by the State Central Committee of the political party, if any, with which the vacating Attorney General had been affiliated at the time of the Attorney General’s last election or appointment.

    (c)    Each individual whose name is submitted to the Governor must have been a registered voter affiliated with the political party of the vacating Attorney General on the date immediately preceding the date on which the vacancy occurred.

    (d)    The Governor shall make the appointment within 15 days after names are submitted by the State Central Committee of the appropriate political party.

    (e)    If names are not submitted by the State Central Committee of the appropriate political party within 30 days after the occurrence of the vacancy, the Governor shall appoint within another period of 15 days any qualified individual who was a registered voter affiliated with the political party of the vacating Attorney General on the date immediately preceding the date on which the vacancy occurred.

    (f)    If the vacating Attorney General was not affiliated with a political party at the time of the Attorney General’s last election or appointment, the Governor shall appoint any qualified individual within 15 days after the occurrence of the vacancy.

    (g)    Except as provided in subsection (h) of this section, an individual appointed under this section shall serve until a successor is elected under subsection (i) of this section to fill the remainder of the term.

    (h)    An individual appointed under this section shall serve for the remainder of the term if the vacancy occurs after the date that is 21 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term.

    (i)    If the vacancy occurs on or before the date that is 21 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term, the Governor shall issue a proclamation immediately after the occurrence of the vacancy declaring that a special primary election and a special general election shall be held at the same time as the regular statewide primary election and regular statewide general election that are held in the second year of the term.

Frequently Asked Questions About Maryland § 5

What does Maryland Code § 5 cover?

Section 5 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 5?

A common citation format is "Maryland Code § 5" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.