MARVIN MANDEL, Governor                                      43

SEC. 2-106. FAILURE TO QUALIFY FOR OFFICE.

(A)    REFUSAL OR NEGLECT TO TAKE OATH OR GIVE
BOND.

A PERSON WHO IS REQUIRED TO TAKE AN OATH UNDER
§2-104 OR TO FILE A BOND UNDER §2-105 BUT WHO FAILS TO
QUALIFY FOR OFFICE BY TAKING AND SUBSCRIBING THE
REQUIRED OATH OR AFFIRMATION OR GIVING THE REQUIRED
BOND WITHIN 30 DAYS FROM THE DATE HIS COMMISSION IS
RECEIVED BY THE CLERK, OR IF NO COMMISSION IS SENT TO
THE CLERK, WITHIN 30 DAYS AFTER RECEIVING HIS
COMMISSION OR NOTICE OF APPOINTMENT, IS DEEMED TO HAVE
REFUSED THE OFFICE, AND THE OFFICE SHALL BE CONSIDERED
VACANT, UNLESS THE TIME IS EXTENDED BY THE COURT FOR
GOOD CAUSE SHOWN.

(B)   FAILURE OF CLERK TO GIVE BOND.

A CLERK OF A CIRCUIT COURT FOR A COUNTY OR A
COURT OF THE SUPREME BENCH OF BALTIMORE CITY WHO FAILS
TO EXECUTE THE REQUIRED BOND MAY NOT RECEIVE FEES OR
COMPENSATION. A CLERK WHO VIOLATES THIS SUBSECTION IS
SUBJECT TO A PENALTY OF $1,000.

REVISOR'S NOTE: This section contains the
provisions relevant to the failure of an
officer to qualify for office by failing to
give a required bond or take the oath of
office.

Subsection (a) applies to all officers,   and

is new language derived from Art. 87,      §4

which is proposed for repeal and Art.    70,

§11 which is not proposed for repeal     at
this time. A similar provision dealing

with non—court officers will appear in      the
State and Local Government Article.

Insofar as it deals with oaths, subsection
(a) is substantially the same as Art. I,
§7 of the Constitution.

Presently, except in the case of sheriffs,
there is no provision for declaring vacant
the office of an officer who takes the oath
but fails to give a required bond. See
Art. 87, §4. Under present law, such an
officer would be prohibited from performing
any duties, bat as his office is not
vacant, no successor could be appointed.