Difference between revisions of "Article XV, Maryland Constitution"

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Revision as of 10:30, 5 February 2014

Maryland Constitution
Flag of Maryland.png
Articles

Declaration of RightsIIIIIIIVVVIVIIVIIIIXXXIXI-AXI-BXI-CXI-DXI-EXI-FXI-GXI-HXI-IXIIXIIIXIVXVXVIXVIIXVIIIXIX

Article XV of the Maryland Constitution is entitled Miscellaneous and consists of 11 sections.

Section 1

Text of Section 1:

Every person holding any office created by, or existing under the Constitution, or Laws of the State, or holding any appointment under any Court of this State, whose pay, or compensation is derived from fees, or moneys coming into his hands for the discharge of his official duties, or, in any way, growing out of, or connected with his office, shall keep a book in which shall be entered every sum, or sums of money, received by him, or on his account, as a payment or compensation for his performance of official duties, a copy of which entries in said book, verified by the oath of the officer, by whom it is directed to be kept, shall be returned yearly to the Comptroller of the State for his inspection, and that of the General Assembly of the State, to which the Comptroller shall, at each regular session thereof, make a report showing what officers have complied with this Section; and each of the said officers, when the amount received by him for the year shall exceed the sum which he is by Law entitled to retain, as his salary or compensation for the discharge of his duties, and for the expenses of his office, shall yearly pay over to the Treasurer of the State the amount of such excess, subject to such disposition thereof as the General Assembly may direct; if any of such officers shall fail to comply with the requisitions of this section for the period of thirty days after the expiration of each and every year of his office, such officer shall be deemed to have vacated his office, and the Governor shall declare the same vacant, and the vacancy therein shall be filled as in the case of vacancy for any other cause, and such officer shall be subject to suit by the State for the amount that ought to be paid into the Treasury.

(amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 2

Text of Section 2:

Any elected official of the State, or of a county or of a municipal corporation who during the elected official's term of office is found guilty of any crime which is a felony, or which is a misdemeanor related to the elected official's public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution, shall be suspended by operation of law without pay or benefits from the elective office. During and for the period of suspension of the elected official, the appropriate governing body and/ or official authorized by law to fill any vacancy in the elective office shall appoint a person to temporarily fill the elective office, provided that if the elective office is one for which automatic succession is provided by law, then in such event the person entitled to succeed to the office shall temporarily fill the elective office. If the finding of guilt becomes a final conviction, after judicial review or otherwise, such elected official shall be removed from the elective office by operation of Law and the office shall be deemed vacant. If the finding of guilt of the elected official is reversed or overturned, the elected official shall be reinstated by operation of Law to the elective office for the remainder, if any, of the elective term of office during which the elected official was removed, and all pay and benefits shall be restored. Any elected official of the State, or of a county or of a municipal corporation who during the elected official's term of office enters a guilty plea or a plea of nolo contendere to any crime which is a felony, or which is misdemeanor related to the elected official's public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution, shall be removed from the elective office by operation of law and the office shall be deemed vacant

(originally Article XV, sec. 3, renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 3, it was amended by Chapter 879, Acts of 1974, ratified Nov. 5, 1974).

Section 3

Text of Section 3:

No person who is a member of an organization that advocates the overthrow of the Government of the United States or of the State of Maryland through force or violence shall be eligible to hold any office, be it elective or appointive, or any other position of profit or trust in the Government of or in the administration of the business of this State or of any county, municipality or other political subdivision of this State.

(originally Article XV, sec. 11, renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 11, it was added by Chapter 721, Acts of 1947, ratified Nov. 2, 1948).

Section 4

Text of Section 4:

Vacant (transferred to Article XVII, sec. 8, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 5

Text of Section 5:

Except as the Constitution provides otherwise for any office, the General Assembly may provide by law for a person to act in place of any elected or appointed officer of the State who is unavailable to perform the duties of his office because he has become unable or is or will be absent.

(added by Chapter 974, Acts of 1978, ratified Nov. 7, 1978. The previous sec. 5 was transferred to Article 23 of Declaration of Rights by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 6

Text of Section 6:

Vacant (transferred to Article 23 of Declaration of Rights by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 7

Text of Section 7:

All general elections in this State shall be held on the Tuesday next after the first Monday in the month of November, in the year in which they shall occur.

(amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).

Section 8

Text of Section 8:

Vacant (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).

Section 9

Text of Section 9:

Vacant (transferred to Article XVII, sec. 4, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 10

Text of Section 10:

Vacant (transferred to Article I, sec. 10, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 11

Text of Section 11:

Vacant (renumbered as sec. 3 of Article XV, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

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