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Amendments to Maryland Constitutions
Volume 380, Page 520   View pdf image (33K)
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WHICH__IS A MISDEMEANOR RELATED TO HIS PUBLIC DUTIES AND
RESPONSIBILITIES FOR WHICH THE PENALTY MAY BE
INCARCERATION IN ANY PENAL INSTITUTION, SHALL BE
SUSPENDED BYOPERATION OF LAW WITHOUT PAY 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. IF, AFTER EXHAUSTION OF ANY
APPEAL AS A MATTER OF RIGHT WITHIN THE COURT SYSTEM IN
WHICH THE ELECTED OFFICIAL IS SO CONVICTED. THE
CONVICTION IS UPHELD. SUCH ELECTED OFFICIAL SHALL BE
REMOVED FROM THE ELECTIVE OFFICE BY OPERATION OF LAW.
THE GOVERNOR, UPON A FINDING BY THE ATTORNEY GENERAL OF
SUCH A REMOVAL. SHALL FORMALLY DECLARE THE OFFICE VACANT.
IF THE CONVICTION OF THE ELECTED OFFICIAL IS REVERSED OR
OVERTURNED ON ANY APPEAL AS A HATTER OF RIGHT AS PROVIDED
ABOVE, THE ELECTED OFFICIAL SHALL BE REINSTATED BY
OPERATION OF LAW TO THE ELECTIVE OFFICE FOR THE
REMamendER, IF ANY, OF THE ELECTIVE TERM OF OFFICE DURING
WHICH HE WAS SO CONVICTED. IN THE EVENT THE CONVICTION
is REVERSED OR OVERTURNED ON ANY APPEAL BY ANY COURT OF
COMPETENT JURISDICTION, WHETHER BY APPEAL AS A MATTER OF
RIGHT, OR OTHERWISE, THEN ALL PAY WITHHELD DURING THE
PERIOD OF SUSPENSION SHALL BE RESTORED.] ]
ANY ELECTED OFFICIAL OF THE STATE. OR OF A COUNTY OR
OF A MUNICIPAL CORPORATION WHO DURING HIS TERM OF OFFICE
IS CONVICTED OF OR ENTERS A PLEA OF NOLC CONTENDERE TO
ANY CRIME WHICH is A FELONY, OR WHICH is A MISDEMEANOR
RELATED TO HIS 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 EVEMT THE PERSON
ENTITLED TO SUCCEED 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 OPERATION OF
LAW AND THE OFFICE SHALL BE DEEMED VACANT. IF THE
CONVICTION OF THE ELECTED OFFICIAL IS REVERSED OR
OVERTURNED, THE ELECTED OFFICIAL SHALL BE REINSTATED BY
OPERATION OF LAW TO THE ELECTIVE OFFICE FOR THE
REMamendER, IF ANY, OF THE ELECTIVE TERM OF OFFICE DURING
WHICH HE WAS SO SUSPENDED OR REMOVED, AND ALL PAY AND
BENEFITS SHALL BE RESTORED.


 
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Amendments to Maryland Constitutions
Volume 380, Page 520   View pdf image (33K)
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