Thursday, September 14, 2006

Pulling a Lieberman

At least one candidate who was defeated in Tuesday's primary has inquired about the rules for re-filing as an independent, and apparently others are considering it. A quick glance at Article 33, governing Maryland Election law reveals that it can't be done:

ELECTION LAW
TITLE 5. CANDIDATES
SUBTITLE 7. NOMINATION
§ 5-706. Candidate defeated in primary election.

(a) Scope.- This section does not apply to:

(1) a candidate for the office of judge of the circuit court;

(2) a candidate selected by a political party to fill a vacancy in nomination under Subtitle 9 or Subtitle 10 of this title; or

(3) a candidate defeated in a presidential preference primary.

(b) Candidacy not allowed.- The name of a candidate who is defeated for the nomination for a public office may not appear on the ballot at the next succeeding general election as a candidate for any office.

[An. Code 1957, art. 33, § 5-706; 2002, ch. 291, §§ 2, 4.]


Curiously, Maryland election law does leave the door open for a major party candidate defeated in the primary, but nominated at the party convention, to appear on the general election ballot.

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