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Maryland Manual, 1987-88
Volume 183, Page 784   View pdf image (33K)
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784/Maryland Manual
ARTICLE XV.

MISCELLANEOUS.

204
SECTION 1. Every person holding any office created by,

or existing under the Constitution, or Laws of the State, or hold-
ing 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 re-
ceived by him for the year shall exceed the sum which he is by
Law entitled to retain, as his salary or compensation for the dis-
charge of his duties, and for the expenses of his office, shall year-
ly pay over to the Treasurer of the State the amount of such ex-
cess, 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 de-
clare 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.

SEC. 2. 205 Any elected official of the State, or of a county or
of a municipal corporation who during his term of office is con-
victed of or enters a plea of nolo contenders to any crime which
is a felony, or which is a misdemeanor related to his public du-
ties 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 suc-
ceed to the office shall temporarily fill the elective office. If the
conviction becomes final, after judicial review or otherwise, such
elected official shall be removed from the elective office by oper-
ation of Law and the office shall be deemed vacant. If the con-
viction of the elected official is reversed or overturned, the elect-
ed official shall be reinstated by operation of Law to the elective
office for the remainder, if any, of the elective term of office dur-
ing which he was so suspended or removed, and all pay and ben-
efits shall be restored.

Article XV

SEC. 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.

SEC. 4. 207 Vacant.

208
SEC. 5. Except as the Constitution provides otherwise for

any office, the General Assembly may provide by law for a per-
son 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.

SEC. 6. 209 Vacant.

SEC. 7. 210 All general elections in this State shall be held on
the Tuesday next after the first Monday in the month of Nov., in
the year in which they shall occur.

SEC.8.211 Vacant.
SEC. 9. 212 Vacant.
SEC. 10. 213 Vacant.
SEC. 11. 214 Vacant.

ARTICLE XVI. 215

THE REFERENDUM.

SECTION 1. (a) The people reserve to themselves power
known as The Referendum, by petition to have submitted to the
registered voters of the State, to approve or reject at the polls,
any Act, or part of any Act of the General Assembly, if ap-
proved by the Governor, or, if passed by the General Assembly
over the veto of the Governor;

(b) The provisions of this Article shall be self-executing; pro-
vided that additional legislation in furtherance thereof and not
in conflict therewith may be enacted.

SEC. 2. 216 No law enacted by the General Assembly shall
take effect until the first day of June next after the session at
which it may be passed, unless it contains a Section declaring
such law an emergency law and necessary for the immediate
preservation of the public health or safety and is passed upon a
yea and nay vote supported by three-fifths of all the members
elected to each of the two Houses of the General Assembly. The
effective date of a law other than an emergency law may be ex-
tended as provided in Section 3 (b) hereof. If before said first
day of June there shall have been filed with the Secretary of the
State a petition to refer to a vote of the people any law or part of
a law capable of referendum, as in this Article provided, the
same shall be referred by the Secretary of State to such vote, and

 

'"Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
""Originally Article XV, sec. 3, renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 3 it was amended by Chap-
ter 879, Acts of 1974, ratified Nov. 5, 1974.

""Originally Article XV, sec. 11, renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 11 it was added by Chap-
ter 721, Acts of 1947, ratified Nov. 2, 1948.

""Transferred to Article XVII, sec. 8, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"'Added by Chapter 974, Acts of 1978, ratified Nov. 7, 1978. The previous sec. 5 was transferred to Article 23 of the Declaration of
Rights by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

'"Transferred to Article 23 of the Declaration of Rights by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"'Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
"'Repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
'"Transferred to Article XVII, sec. 4, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
'"Transferred to Article I, sec. 10, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"''Transferred to Article XV, sec. 3, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"'Added by Chapter 673, Acts of 1914, ratified Nov. 2, 1915.
"'Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.



 
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Maryland Manual, 1987-88
Volume 183, Page 784   View pdf image (33K)
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