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Maryland Statutes § 5-305 Petition to challenge residency of certain candidates

⤴ Up to Subtitle 3: Certificate Of Candidacy

Statute Text

(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.
(b) 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 for that district or geographic area to challenge the candidate's residency as provided in § 5-202 of this title.
(c) The petition must be filed 15 days after the filing dates provided in § 5-303 of this subtitle and §§ 5-703 (c) and 5-703.1 (c) of this title for which the candidate filed a certificate of candidacy.
(d)
(1) Judicial review of any petition that is filed under subsection (b) of this section shall be expedited by the circuit court that hears the cause to the extent necessary in consideration of the deadlines established by law, and in no case longer than 7 days from the date the petition is filed.
(2) A judicial proceeding under this section shall be conducted in accordance with the Maryland Rules, except that:
(i) the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and
(ii) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days after the date of the decision of the circuit court.
(3) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (2)(ii) of this subsection as expeditiously as the circumstances require.

History

Amended by 2019 Md. Laws, Ch. 770 , Sec. 1 , eff. 6/1/2019 .

Amended by 2018 Md. Laws, Ch. 12 , Sec. 1 , eff. 4/5/2018 .

Amended by 2015 Md. Laws, Ch. 332 , Sec. 1 , eff. 10/1/2015 .

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