Difference between revisions of "Article XV, Maryland Constitution"

From Ballotpedia
Jump to: navigation, search
m (Text replace - "background:#FFFDD0" to "background:#F2F2F2")
m
 
Line 9: Line 9:
 
| '''Text of 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.
+
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.<ref name="md">[http://www.msa.md.gov/msa/mdmanual/43const/html/00dec.html ''Maryland.gov'', "Constitution of Maryland", accessed March 28, 2014]</ref>
 
|}
 
|}
''(amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Amended with the approval of Chapter 99, Acts of 1956, on November 6, 1956.
 +
* Amended with the approval of Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 2==
 
==Section 2==
Line 21: Line 23:
 
| '''Text of 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  
+
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.<ref name="md"/>
 
|}
 
|}
''(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).''
+
===Amendments===
 
+
* Originally Article XV, Section 3, renumbered by Chapter 681, Acts of 1977, on November 7, 1978.  
 +
* As sec. 3, it was amended with the approval of Chapter 879, Acts of 1974, on November 5, 1974.  
 +
* As Section 2, it was amended with the approval of [[Maryland Elected Officials Removal from Office Amendment, Question 3 (2012)]] on November 6, 2012.
 
==Section 3==
 
==Section 3==
  
Line 33: Line 37:
 
| '''Text of 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(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).''
+
===Amendments===
 +
* Originally Article XV, Section 11, renumbered by Chapter 681, Acts of 1977, on November 7, 1978.  
 +
* As Section 11, it was added by Chapter 721, Acts of 1947, on November 2, 1948.
  
 
==Section 4==
 
==Section 4==
Line 45: Line 51:
 
| '''Text of Section 4:'''
 
| '''Text of Section 4:'''
  
Vacant
+
Vacant.<ref name="md"/>
''(transferred to Article XVII, sec. 8, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
 
|}
 
|}
 +
===Amendments===
 +
* Transferred to [[Article XVII, Maryland Constitution|Article XVII]], Section 8, by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 5==
 
==Section 5==
Line 57: Line 64:
 
| '''Text of 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(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).''
+
===Amendments===
 +
* Amended with the approval of Chapter 974, Acts of 1978, on November 7, 1978.  
 +
* The previous Section 5 was transferred to Article 23 of Declaration of Rights by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 6==
 
==Section 6==
Line 69: Line 78:
 
| '''Text of Section 6:'''
 
| '''Text of Section 6:'''
  
Vacant
+
Vacant.<ref name="md"/>
''(transferred to Article 23 of Declaration of Rights by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
 
|}
 
|}
 +
===Amendments===
 +
* Transferred to Article 23 of Declaration of Rights by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 7==
 
==Section 7==
Line 81: Line 91:
 
| '''Text of 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).''
+
===Amendments===
 +
* Amended with the approval of Chapter 99, Acts of 1956, on November 6, 1956.
  
 
==Section 8==
 
==Section 8==
Line 93: Line 104:
 
| '''Text of Section 8:'''
 
| '''Text of Section 8:'''
  
Vacant
+
Vacant.<ref name="md"/>
''(repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).''
+
 
|}
 
|}
 +
===Amendments===
 +
* Repealed by Chapter 99, Acts of 1956, on November 6, 1956.
  
 
==Section 9==
 
==Section 9==
Line 105: Line 117:
 
| '''Text of Section 9:'''
 
| '''Text of Section 9:'''
  
Vacant
+
Vacant.<ref name="md"/>
''(transferred to Article XVII, sec. 4, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
 
|}
 
|}
 +
===Amendments===
 +
* Transferred to [[Article XVII, Maryland Constitution|Article XVII]], Section 4, by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 10==
 
==Section 10==
Line 117: Line 130:
 
| '''Text of Section 10:'''
 
| '''Text of Section 10:'''
  
Vacant
+
Vacant.<ref name="md"/>
''(transferred to Article I, sec. 10, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
 
|}
 
|}
 +
===Amendments===
 +
* Transferred to [[Article XVII, Maryland Constitution|Article XVII]], Section 4, by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 11==
 
==Section 11==
Line 129: Line 143:
 
| '''Text of Section 11:'''
 
| '''Text of Section 11:'''
  
Vacant
+
Vacant.<ref name="md"/>
''(renumbered as sec. 3 of Article XV, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
 
|}
 
|}
 +
===Amendments===
 +
* Renumbered as Section 3 of Article XV, by Chapter 681, Acts of 1977, on November 7, 1978.
 +
 +
==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
* [http://www.msa.md.gov/msa/mdmanual/43const/html/const.html Links by Article to Maryland Constitution]
+
{{submit a link}}
 +
* [http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/const.html ''Maryland.gov'', "Maryland Constitution"]
 +
* [http://aomol.net/html/conventions4.html From ''The Archives of Maryland'', "Constitutional Records"]
 +
* [http://www.elections.state.md.us/elections/2006/results/general/Statewide_Ballot_Question_Results.html ''Maryland.gov'', "Statewide Ballot Question Results"]
 +
* [http://teaching.msa.maryland.gov/000001/000000/000115/html/t115.html ''Teaching American History in Maryland'', "Maryland Constitutions"], a list of primary and secondary resources about the Maryland Constitution and its history.
 +
 
 +
==Additional reading==
 +
* [http://books.google.com/books?id=MoTGJ8bk11wC&pg=PA263&lpg=PA263&dq=1990+MARYLAN#v=onepage&q=&f=false Friedman, Dan (2006). ''The Maryland State Constitution: A Reference Guide'', Westport, Connecticut: Greenwood Publishing]
 +
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1314845 Rees, Charles A. (2007). "Remarkable Evolution: The Early Constitutional History of Maryland" in ''University of Baltimore Law Review'', Vol. 36, No. 2, 2007]
 +
* [http://web.archive.org/web/20050310164539/http://www.mdhc.org/bibliotest/essays.php?essay=31 Ridgway, Whitman H. (2001). "(Maryland in) the Nineteenth Century" from the ''Maryland Humanities Council'']
 +
* [http://www.thegreenpapers.com/slg/constitution.phtml Berg-Andersson, Richard E. (2004). "Constitutions of the Several states" from ''The Green Papers'']
 +
 
 +
==References==
 +
{{reflist}}
  
==Navigation==
 
 
{{Maryland Constitution}}
 
{{Maryland Constitution}}
 +
{{State constitutions}}
 +
{{Maryland}}

Latest revision as of 16:43, 21 April 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.[1]

Amendments

  • Amended with the approval of Chapter 99, Acts of 1956, on November 6, 1956.
  • Amended with the approval of Chapter 681, Acts of 1977, on November 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.[1]

Amendments

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.[1]

Amendments

  • Originally Article XV, Section 11, renumbered by Chapter 681, Acts of 1977, on November 7, 1978.
  • As Section 11, it was added by Chapter 721, Acts of 1947, on November 2, 1948.

Section 4

Text of Section 4:

Vacant.[1]

Amendments

  • Transferred to Article XVII, Section 8, by Chapter 681, Acts of 1977, on November 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.[1]

Amendments

  • Amended with the approval of Chapter 974, Acts of 1978, on November 7, 1978.
  • The previous Section 5 was transferred to Article 23 of Declaration of Rights by Chapter 681, Acts of 1977, on November 7, 1978.

Section 6

Text of Section 6:

Vacant.[1]

Amendments

  • Transferred to Article 23 of Declaration of Rights by Chapter 681, Acts of 1977, on November 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.[1]

Amendments

  • Amended with the approval of Chapter 99, Acts of 1956, on November 6, 1956.

Section 8

Text of Section 8:

Vacant.[1]

Amendments

  • Repealed by Chapter 99, Acts of 1956, on November 6, 1956.

Section 9

Text of Section 9:

Vacant.[1]

Amendments

  • Transferred to Article XVII, Section 4, by Chapter 681, Acts of 1977, on November 7, 1978.

Section 10

Text of Section 10:

Vacant.[1]

Amendments

  • Transferred to Article XVII, Section 4, by Chapter 681, Acts of 1977, on November 7, 1978.

Section 11

Text of Section 11:

Vacant.[1]

Amendments

  • Renumbered as Section 3 of Article XV, by Chapter 681, Acts of 1977, on November 7, 1978.

See also

StateConstitutions Ballotpedia.jpg

External links

BP-Initials-UPDATED.png
Suggest a link

Additional reading

References