Ch. 796                          MARVIN MANDEL, Governor                              1655

CHAPTER 796
(House Bill 711)

AN ACT to add new Sections 28-1 and 28-2 to Article 33 of the Annotated Code
of Maryland (1971 Replacement Volume and 1972 Supplement), title "Election
Code," to follow immediately after Section 27-14 thereof and to be under the
new subtitle "Political Activities of State Employees," to provide that certain
State . county and other local subdivision employees may engage in political
[[acts]] activities except for certain specific activities, under certain
circumstances, to repeal, with some exceptions, certain conflicting laws, and
generally relating [[thereto]] to rights of public employees to free political
expression.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Sections 28-1 and 28-2 be and they are hereby added to
Article 33 of the Annotated Code of Maryland (1971 Replacement Volume and
1972 Supplement), title "Election Code," to follow immediately after Section
27-14 thereof and to be under the new subtitle "Political Activities of State
Employees," and to read as follows:

POLITICAL ACTIVITIES OF STATE EMPLOYEES

28-1.

PARTICIPATION IN POLITICS OR POLITICAL CAMPAIGNS AND
THE FREE EXPRESSION OF POLITICAL OPINIONS BY EMPLOYEES
OF THIS STATE OR OF ANY COUNTY, MUNICIPAL CORPORATION,
CITY, POLITICAL SUBDIVISION, PUBLIC AUTHORITY, BODY
POLITICAL OR BOARD OF EDUCATION SHALL NOT BE PROHIBITED,
AND EACH EMPLOYEE SHALL RETAIN ALL RIGHTS AND
OBLIGATIONS OF CITIZENSHIP PROVIDED IN THE CONSTITUTION
AND LAWS OF THE STATE OF MARYLAND, AND IN THE
CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA;
HOWEVER, NO SUCH EMPLOYEE SHALL:

(A)    ENGAGE IN POLITICAL ACTIVITY WHILE ON THE JOB
DURING WORKING HOURS;

(B)   ADVOCATE THE OVERTHROW OF THE GOVERNMENT BY
UNCONSTITUTIONAL AND VIOLENT MEANS; OR

(C)   BE OBLIGATED TO CONTRIBUTE OR RENDER POLITICAL
SERVICE.

28-2.

ALL STATUTES, LAWS, AND ORDINANCES WITHIN THIS STATE,
BOTH GENERAL AND LOCAL, WHICH ARE IN CONFLICT WITH
THESE SECTIONS ARE HEREBY REPEALED, AND THE LIMITATIONS
SET FORTH IN THESE SECTIONS SHALL BE THE ONLY
RESTRICTIONS ON THE POLITICAL ACTIVITIES OF SUCH
EMPLOYEES, EXCEPTING, HOWEVER, THE PROVISIONS OF ARTICLE
64A, SECTION 9G AND ARTICLE 33, SECTION 2-6, OF THE
ANNOTATED CODE OF MARYLAND.